INVITATION FOR BID SEALED BID BOARD OF TRUSTEES OF WESTERN ILLINOIS UNIVERSITY

Transcription

1 INVITATION FOR BID SEALED BID BOARD OF TRUSTEES OF WESTERN ILLINOIS UNIVERSITY Purchasing Office 227 Sherman Hall Macomb, IL / FAX 309/ Company: Address: BID NUMBER: R PROJECT NAME: Masonry Repairs DATE OF BID OPENING: May 31, 2016 at 2:00 pm local time Sealed bids for this project will be received in the Purchasing Office, Western Illinois University, Sherman Hall, Room 227, Macomb, Illinois until the date and time of the opening as specified above, at which time they will be opened publicly and read aloud. 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 bids submitted. Bid awards will be posted on the Higher Education Procurement Bulletin at This project will be governed in accordance with the Illinois Procurement Code and the Higher Education Procurement Rules. BIDS MUST BE TYPEWRITTEN OR WRITTEN IN INK. ALL BIDS MUST BE SIGNED AND THE SIGNATURE MUST BE IN INK. BIDS COMPLETED IN PENCIL WILL BE REJECTED. BIDS MUST BE COMPLETED ON THE FORM PROVIDED BY THE UNIVERSITY. The Board of Trustees of Western Illinois 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. Bidders shall be responsible for the actual delivery of bids during business hours to the designated location. It shall not be sufficient to show that the bid was mailed in time to be received before the scheduled closing time for receipt of bids. If a bidder submits a sealed bid in any envelope that does not identify the contents as a sealed bid, the bid will be returned to the bidder as rejected. It is the bidder s responsibility to make certain the envelope can be identified, as illustrated on the last page of this document. This includes the packages used by delivery companies such as Federal Express, Airborne Express, etc. Any bidder may withdraw or modify his bid at any time prior to the scheduled closing time for receipt of bids. Only FAX messages, letters or other written requests for modifications or corrections of a previously submitted bid which are addressed in the same manner as bids, and are received in full by the University prior to the scheduled closing time for receipt of bids will be accepted and the bid corrected in accordance with such written request. Oral or telephonic modifications or corrections will not be recognized or considered. Requests for modifications or corrections will not be accepted after the scheduled closing time for receipt of bids. In addition, the University will accept bids transmitted in full by FAX (309/ ). The Bidder remains responsible for ensuring that its Bid is received at the time, date, place and office specified. The University assumes no responsibility for any bid not so received, regardless of whether the delay is caused by the U.S. Postal Service, the University Postal Delivery System, or some other act or circumstance.

2 The University prefers deliveries FOB University Dock. If otherwise stated, the bidder must show the freight cost in the total bid price. The University makes every attempt to award orders on an overall low bid basis. However, the right is reserved to award a contract to multiple vendors. If a multiple award is not acceptable to a bidder, it must be so stated in the bid submitted. The University also reserves the right to increase, decrease, or delete items at the quoted price in order to stay within the project budget. The price(s) of each bid must be kept firm for a period of sixty (60) days. If no bid is to be submitted, please complete and return the "No Bid Reply Form" to the Purchasing Office, Western Illinois University. See Appendix I. All bidders must furnish their Illinois Human Rights number in the space provided on the Bid Proposal. No person or company shall be eligible to be awarded a contract subject to the competitive bidding requirements of the Illinois Procurement Code (30 ILCS 500., as hereafter amended) unless such person or company has filed with the Department of Human Rights a properly completed and sworn Employer Report Form (Form PC-1) which is currently valid. Forms may be obtained from the Illinois Department of Human Rights - phone 312/ or downloaded from their home page at (Important Information for Vendors: Vendors must have a current Illinois Department of Human Rights (IDHR) Bidder Eligibility Number to be eligible for award of public contracts. All IDHR numbers or lower expired on August 31, If you do not currently have a number or your number is or lower, you must register or re-register in order to remain eligible.) See Appendix IV. Delivery and/or completion of this contract after receipt of order must be no later than the project completion date, if stated above. Bid documents, specifications, and additional information may be found at Protest Review Office: Vendors may submit a written protest to the Protest Review Office following the requirements of the Higher Education Standard Procurement Rules 44 ILL. ADMIN. CODE For protests related to specifications, the Protest Review Office must physically receive the protest no later than 14 days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than 14 days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office s information is as follows: Chief Procurement Office Phone: (217) Attn: Protest Review Office Facsimile: (217) Suite 513 Stratton Office Building 401 South Spring Street Illinois Relay: (800) Springfield, IL If the protest is submitted via , it must be sent to both of the following addresses: Adam.Alstott@illinois.gov EEC.CPOHE@illinois.gov For more information, contact the Purchasing Office at 309/ or Sherman Hall 227, Macomb, IL BID PRICING R Masonry Repairs/ May 12, of 37 Bidder

3 BID NO.: R PROJECT NAME: Masonry Repairs The Undersigned has read and understands all of the documents comprising the bid documents and any and all related addenda for this project and does hereby submit the following bid: DESCRIPTION Continuous order to patch, repair and inspect various types of masonry on the campus of Western Illinois University, Macomb, IL for the period of July 1, 2016 (upon full execution of the contract) through June 30, 2017 with the option to renew for four (4) additional one-year periods. Provision of one (1) to four (4) worker(s) for labor. Quantity of days required dependent upon construction project needs as determined by WIU. Work day starts at 7:00am and ends at 3:00pm. These hours to include 30-minute unpaid lunch break and one 15-minute paid break in the morning. Personnel proposed to work on campus shall be subject to approval by WIU and in all cases must be knowledgeable of appropriate safety procedures. Response time is three (3) working days or less once requested. Supervision will be provided by WIU. Contractor must have no less than three (3) years experience in the masonry field. No lodging or per diem is authorized. Hourly rate to be based on contractor s arrival and departure from work site reporting location. Each trade is required to have a complete set of hand tools normally used by trade, appropriate protective gear, etc. Contractor supplied vehicle(s) shall be included for use during the work day. One vehicle per two workers or a second vehicle when three or four workers are required. Contractor will use material from WIU s central inventory at Facilities Management building on as available basis. Materials unavailable within WIU s inventory and meeting WIU s specifications may be supplied by the contractor when required by WIU. Payment requests will be itemized by date, work completed and job worked on (individual job work orders provided by WIU), with associated hours. A separate breakdown shall be submitted based on a monthly per job basis. Payment of materials supplied by contractor shall accompany payment request with detailed list of those materials required by job. An invoice from contractor s supplier shall accompany each material payment request. The annualized value of any award is estimated at $150, However, quantity of days required will be dependent upon construction project needs as determined by WIU. Labor: No lodging or per diem allowed. Additional charges such as travel will not be allowed. Hourly charges for labor will begin when the workman is on the job site. Prevailing wage rates apply. $ per hour (labor cost) for one (1) worker with one (1) vehicle $ per hour (labor cost) for two (2) workers with one (1) vehicle $ per hour (labor cost) for three (3) workers with two (2) vehicles $ per hour (labor cost) for four (4) workers with two (2) vehicles Material: (percent of mark-up over contractor=s cost) Note: Cost of materials not to exceed 20% of the value of the contract. Optional Renewal Year Number One (July 1, 2017 through June 30, 2018): % Prices will: Remain Firm Increase By: % Decrease By: % Optional Renewal Year Number Two (July 1, 2018 through June 30, 2019): Prices will: Remain Firm Increase By: % Decrease By: % R Masonry Repairs/ May 12, of 37 Bidder

4 DESCRIPTION Optional Renewal Year Number Three (July 1, 2019 through June 30, 2020): Prices will: Remain Firm Increase By: % Decrease By: % Optional Renewal Year Number Four (July 1, 2020 through June 30, 2021): Prices will: Remain Firm Increase By: % Decrease By: % References: Provide a minimum of three (3) relevant recent references, with emphasis on work done for other universities. Also provide at least one (1) reference for a cancelled/non-renewed contract. Each reference must include the business name, address, telephone number, and name of at least one (1) person who the University may contact. Provide reference information on Appendix I or attach a separate sheet if necessary. The University reserves the right to reject the bid of any Bidder who: 1. Has previously failed to perform properly, or 2. Has failed to complete on time contracts of a similar nature, or 3. Has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, material men and/or employees. TERMS AND CONDITIONS CRITERIA FOR AWARD: The award of a contract/purchase order will be made to the lowest bidder, considering price, discounts offered, transportation costs, installation costs, responsibility and capability of the bidder, availability of funds and all other relevant factors, provided the bid meets the specifications and other requirements of the bid information. SPECIFICATIONS/ALTERNATES: Any brand names mentioned in the bid 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 because of minor differences in design, construction or features that 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. A 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, pictures or drawings and specifications of the product(s). See Appendix II. PREVAILING WAGES: In accordance with the Illinois Prevailing Wage Act, 820 ILCS , (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 prevailing rate of wages in the county where the work is performed. Bidders interested in submitting a bid for such projects must contact the Illinois Department of Labor for the current prevailing wage rate or refer to All contractors and subcontractors rendering services under this contract must comply with all the requirements of the Act, including but not limited to, all wage, notice and record keeping duties. In addition, all Contractors bonds must include provisions to guarantee that if the prevailing wage rate is changed during the course of the contract, the revised rates will apply to the bonds. In accordance with the Illinois Prevailing Wage Act, Bidder certifies that employees involved in printing receives the prevailing wage rate and is working under conditions prevalent in the locality where printing is taking place. Bidders interested in submitting a bid for such projects must contact the Illinois Department of Labor for the current prevailing wage rate. For printing projects, the bidder certifies soybean oil-based ink is being used to produce this publication. PAYMENT TERMS: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable (30 ILCS 540; 74 Ill. Adm. Code 900). This shall be the Vendor s sole remedy for late payments by the University. Payment terms contained on Vendor s invoices shall have no force or effect. NON-APPROPRIATION CLAUSE: Any ensuing contract as a result of this bid is subject to termination and cancellation without any penalty, accelerated payment, or other recoupment mechanism as provided herein in any fiscal year for which the Illinois R Masonry Repairs/ May 12, of 37 Bidder

5 General Assembly fails to make an appropriation to make payments under the terms of this contract. In the event of termination for lack of appropriation, the Contractor shall be paid for services performed under this Contract up to the effective date of termination. AVAILABILITY OF APPROPRIATIONS: This agreement is contingent upon and subject to the availability of funds. The University, in its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or other funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS ); (2) the Governor decreases the University's funding by reserving some or all of the University's appropriation(s) pursuant to power delegation to the Governor by the Illinois General Assembly; or (3) the University determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. The contractor/vendor will be notified in writing of the failure or reduction of the appropriation. TERMINATION FOR CONVENIENCE: The University may, for its convenience and with 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. The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination. EXCEPTIONS AND ALTERNATE OFFERS: The bidder will clearly state on this response any exceptions or deviations from or additions to any of the listed specifications, terms and conditions; otherwise, the respondent will be held responsible for compliance in detail with the specifications as listed in this bid. List exceptions on Appendix II. Exceptions must refer to item or item number or topic and page. MODIFICATION OF ORIGINAL DOCUMENTS: The Vendor certifies that they have not altered or modified the original content of the University bid specifications, or the associated documents including original drawings or graphics. Bidder understands that failure to comply with the requirement may result in the offer being disqualified and, if determined to be a deliberate attempt to misrepresent the offer, may be considered sufficient basis to suspend or debar the violating party from consideration for future contract awards. Vendors exceptions to bid specifications are to be explained in Appendix II. The award of a contract/purchase order will be made in accordance with the State of Illinois Procurement Code and related Administrative Rules. ASSIGNMENT: Contracts between University and Contractor may not be assigned to any other party without prior written approval for both parties. CERTIFICATIONS IMPORTANT NOTE: All resulting contracts issued against this bid will have required terms to provide full compliance with Illinois Public Act , These terms will apply to the awarded contractor and their subcontractors and include but are not limited to disclosure of financial interests, annual certifications and filing of subcontracts Contractors will include these terms in any subcontract and acknowledges that the State may declare any resultant contract void without penalty or obligation to pay additional compensation if any certifications are false or if a contract has been made in violation of the Procurement Code or other law. If this is a multi-year contract, including the initial term and all optional renewals, contractor shall reconfirm compliance with the certification by July 1 of each year that the contract remains in effect. All subcontractors shall reconfirm compliance. SUBCONTRACTORS: Contractor must indicate use of subcontractors. The Certification and Subcontractor certification and listing is located in Appendix IX. Any subcontract must contain the required certifications and disclosures. (30 ILCS 500/20-120) VENDOR LEGAL AUTHORIZATION/REGISTRATION WITH IL SECRETARY OF STATE: Contractor certifies it is a properly formed and existing legal entity (30 ILCS 500/ , 20-43); 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 ( Vendor/Bidders may qualify to submit bids or proposals to state universities of Illinois only if they are a legal entity authorized to do business in Illinois prior to submitting the bid, offer or proposal. This applies to both in-state and out-of-state firms. A Vendor/Bidder must be: 1. a legal entity R Masonry Repairs/ May 12, of 37 Bidder

6 2. registered to conduct business in Illinois 3. in good standing with the Illinois Secretary of State Specific information regarding compliance can be obtained from (30 ILCS 500/ , 20-43). Please contact the Illinois Secretary of State for additional information. In-State Firms: Corporations (Corp); Limited Liability Companies (LLC); Limited Partnerships (LP); Limited Liability Limited Partnerships (LLLP) - Please contact the Illinois Secretary of State for further information. Sole Proprietorships - If the firm s name is the same as the sole proprietor s name, nothing is required. Out-of-State Firms: All Out-of-State Firms - A foreign vendor is defined as any vendor who has not incorporated within the State of Illinois. A Guide For Qualifying Foreign Corporations, published by the Secretary of State, will answer your questions on how to qualify your Corporation/LLC to do business in Illinois. Please direct your questions to the Illinois Secretary of State. STATE BOARD OF ELECTIONS CERTIFICATION REQUIRED (30 ILCS 500/20-160) 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 may not 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 for 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 the State Board of Elections website ( for more specific information on whether you are required to register or not. CERTIFICATION: You must check the box that applies to you: The bidder certifies that: it is not required to register as a business entity with the State Board of Elections pursuant to Section of the Procurement Code; or it has registered as a business entity with the State Board of Elections pursuant to Section of the Procurement Code; it has provided a copy of its Certificate of Registration with its response to this solicitation; and it acknowledges a continuing duty to update its registration. See Appendix III The bidder also acknowledges that any contracts entered into with bidder are voidable by the University if bidder fails to comply with the requirements of Section 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. See Appendix III ILLINOIS INFORMATION TECHNOLOGY ACCESSIBILITY ACT: As required by Illinois Public Act , all information technology including electronic information, software, systems and equipment developed or provided under this bid document/contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as posted at LEAD POISONING: Pursuant to P.A.-879, if Contractor is the owner of residential rental property in Illinois, Contractor certifies that it has not committed a willful or knowing violation of the Illinois Lead Poisoning Prevention Act that has not been mitigated. SUCCESSOR VENDOR CLAUSE: As provided in Section of the Illinois Procurement Code, in order to be considered responsible under the Code any successor company to the winning bidder or offeror on a service contract (except for heating and air conditioning, plumbing, or electrical services) must certify to the University that it shall offer to assume the collective bargaining obligations of the prior employer relative to the services covered by the contract and shall offer employment to all employees of the prior employer who perform work similar to that covered by the contract. R Masonry Repairs/ May 12, of 37 Bidder

7 CONVICTION OF A FELONY: The Contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/ Section prohibits a contractor from entering into a contract with a State agency if the contractor has been convicted of a felony and five years have not passed from the completion of the sentence for that felony. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. PROHIBITED BIDDERS AND CONTRACTORS: 30 ILCS 500/ (b) The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/ Section 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 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 the contractor is in violation of Subsection (e). The contractor further acknowledges that the chief procurement officer shall declare the related contract void if this certification is false. ENVIRONMENTAL PROTECTION ACT: The contractor certifies that it is not barred from being awarded a contractor under 30 ILCS 500/ Section prohibits a contractor from entering into a contract with a State agency if the 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 5 years. The contractor further acknowledges that the contracting State agency may declare the related contract void if this certification is false. DEBT DELINQUENCY: The Contractor certifies that it, or any affiliate, is not barred from being awarded a contract under Section 30 ILCS 500/50-11 of the Illinois Procurement Code, as amended. Section prohibits any bidder from submitting a bid or entering into a contract with a State agency if that bidder knows or should have known that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 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. The contractor further acknowledges that the contracting State agency may declare the contract void if this certification is false or if the contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. EDUCATIONAL LOAN DEFAULT: If an individual, sole proprietorship or a LLC, the contractor certifies that it is not in default on an educational loan as provided in 5 Illinois Compiled Statutes 385/3. BID RIGGING/ROTATING: The bidder certifies that is has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of (720 ILCS 5/33) BRIBERY: The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-5. Section prohibits a contractor from entering into a contract with a State agency if the contractor has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or if the contractor has made an admission of guilt of such conduct which is a matter of record. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. If contractor has been convicted of a felony, at least five years have passed after the date of completion of the sentence for each felony, unless no person held responsible by a prosecutor s office for the facts upon which the conviction was based continues to have any involvement with the business (30 ILCS 500/50-10). Contractor certifies that it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract, nor has contractor accepted any money or other valuable thing, or acted upon the promise of same, for not bidding on a State contract (30 ILCS 500/50-25). REVOLVING DOOR: Contractor certifies that it is not in violation of the Revolving Door section of the Illinois Procurement Code (30 ILCS 500/50-30). COLLUSION: Contractor will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-competitive practice among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50-40, 50-45, 50-50). PROHIBITED POLITICAL CONTRIBUTION: Contractor (as business entity under 30 ILCS 500/50-37) certifies that it will not make a prohibited political contribution. DRUG FREE WORKPLACE: The contractor (whether an individual or company) agrees to provide a drug free workplace pursuant R Masonry Repairs/ May 12, of 37 Bidder

8 to Public Act The Drug Free Workplace Act prohibits a State agency from entering into a contract agreement unless the contractor has provided a certification that it will provide a drug free workplace. This is required of all corporations, partnerships and other entities with 25 or more employees or this contract is worth more than $5,000. Drug Free Workplace Act requires the following certification for Individuals - The individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. (30 ILCS 580) SMOKE FREE POLICY: In accordance with (110 ILCS 64/) the Smoke-Free Campus Act, as of July 1, 2015 smoking is prohibited on all Campus Property at the University, both indoors and outdoors, in university-owned vehicles and in privately-owned vehicles parked on Campus Property. Littering the remains of tobacco and smokeless tobacco products or any other related waste product on campus property is also prohibited. The use of smokeless tobacco is also prohibited where student activities and/or learning takes place. This includes: classrooms, laboratories, libraries, and facilities where student conferences and meetings occur. Included are University vehicles when students are present. Smokeless tobacco is further prohibited inside all buildings/facilities, to include stadiums, gymnasiums, or other similar places where the general public may assemble. This policy applies to any individual on campus property, including but not limited to students, faculty, staff, other employees such as temporary, lump sum, or seasonal employees, contractors, subcontractors, volunteers, guests and members of the public, and it is applicable twenty-four (24) hours a day, seven (7) days a week. It is the responsibility of the contractor/vendor to ensure employee/subcontractor compliance with this policy. CONFLICT OF INTEREST: Check one The Contractor certifies that it is neither an employee of Western Illinois University nor the spouse or child of an employee of Western Illinois University. The Contractor certifies that it is an employee of Western Illinois University or the spouse or child of an employee of Western Illinois University. Relationship/Please indicate individual, relationship and department involved: RECORD RETENTION AND AUDITS: Illinois Statute (30 ILCS 500/20-65) - 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 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. INTERNATIONAL BOYCOTT: For contracts exceeding $10,000 the contractor certifies that neither it 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. (30 ILCS 582) NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY: The Contractor, its employees and subcontractors agrees to comply with applicable provisions of the Illinois Human Rights Act (775 ILCS 5), the U.S. Civil rights Act, the American with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section of the Illinois Department of Human Rights Rules is specifically incorporated herein. The 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 regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this order. ILLINOIS USE TAX: The contractor certifies that it is not barred from being awarded a contract under 30 ILCS 500/ Section prohibits a contractor from entering into a contract with a State agency if the contractor, 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. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. MOST FAVORED CUSTOMER: Prices for commodities and/or services furnished on this order shall not exceed those charged to your most favored customer for like commodities and/or services under similar circumstances. TAX PAYER CERTIFICATION: Under penalties of perjury, the Proposer certifies that its Federal Tax Payer Identification Number or Social Security Number is and is doing business as a (check one): Individual Sole Proprietorship Real Estate Agent Government Entity R Masonry Repairs/ May 12, of 37 Bidder

9 Partnership Corporation Trust or Estate Tax Exempt Organization (IRC 501(a) only) Not for Profit Corporation Medical and Health Care Service Provider Corporation Under penalties of perjury, I certify that 1) The number shown is my correct taxpayer identification number 2) 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 3) I am a U.S. person (including a U.S. resident alien). PROHIBITION OF GOODS FROM CHILD LABOR ACT: The Contractor certifies in accordance with Public Act that no foreign-made equipment, materials or supplies furnished to the State of Illinois under the contract have been produced in whole or in part by the labor of any child under the age of 12. PROHIBITION OF GOODS FROM FORCED LABOR ACT: The Contractor certifies that in accordance with Public Act no foreign-made equipment, materials, or supplies furnished to the State of Illinois under the contract have been produced in whole or in part by forced labor, convict labor or indentured labor under penal sanction. PROCUREMENT OF DOMESTIC PRODUCTS ACT: Please check the statement below that applies to the articles you are offering in this bid/proposal. 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 ), this certification will become part of the contract, and, if we knowingly supply non-us manufactured goods, we will be subject to penalties that include debarment for 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. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS PROJECT ACT: The Contractor certifies that it is in compliance with Public Act The Act requires, in part, that a written substance abuse prevention program which meets or exceeds the program requirements of the Act be filed with the University prior to commencement of any work. The Act also requires the program to be made available to the general public. The provisions of the Act apply only to the extent that there is not a collective bargaining agreement in effect dealing with the subject matter of the Act. RESPONSIBLE BIDDER REQUIREMENTS (PUBLIC ACT ILCS 500/30-22) The Bidder and its subcontractors certify that they are in compliance with the Illinois Procurement Code, 30 ILCS 500/30-22: Construction contracts; responsible bidder requirements. To be considered a responsible bidder on a construction contract, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance: (1) The bidder must comply with all applicable laws concerning the bidder's entitlement to conduct business in Illinois. (2) The bidder must comply with all applicable provisions of the Prevailing Wage Act. (3) The bidder must comply with Subchapter VI ("Equal Employment Opportunities") of Chapter 21 of Title 42 of the United States Code (42 U.S.C. 2000e and following) and with Federal Executive Order No as amended by Executive Order No (4) The bidder must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number. (5) The bidder must have a valid certificate of insurance showing the following coverages: general liability, professional liability, product liability, workers' compensation, completed operations, hazardous occupation, and automobile. (6) The bidder and all bidder's subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training. R Masonry Repairs/ May 12, of 37 Bidder

10 Bidders are to submit proof of participation. (7) Effective 8/15/ The bidder must submit a signed affidavit stating that the bidder will maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract. (See Appendix XI for sample form.) THIS PROPOSAL IS THE COMPLETE AND EXCLUSIVE STATEMENT of the terms of the agreement between the Contractor and the University. No other terms and conditions, unless expressly agreed to in writing by the University, will be accepted. THE ATTACHED DISCLOSURE FORM IS TO BE COMPLETED AND SUBMITTED WITH YOUR BID - FAILURE TO DO SO MAY RESULT IN REJECTION OF YOUR BID. MODIFICATION OF ORIGINAL DOCUMENT: The vendor certifies that it has not altered or modified the original content of the University bid specifications, or the associated documents including original drawings or graphics. Vendor understands that failure to comply with this requirement may result in the offer being disqualified and, if determined to be a deliberate attempt to misrepresent the offer, may be considered sufficient basis to suspend or debar the violating party from consideration for future contract awards. Exceptions are to be explained in Appendix II. Please complete all the information requested below: Company Name: Address: Telephone Number: Fax Number: Signature: Printed Name: Title: Date: IDHR #: Delivery/Completion Date: FOB: Western Illinois University after receipt of order ACKNOWLEDGE RECEIPT OF ANY ADDENDUMS ISSUED BELOW R Masonry Repairs/ May 12, of 37 Bidder

11 APPENDIX I NO BID REPLY FORM BIDDER: To assist the University in obtaining good competition on our request for bids, we ask that each firm which received an invitation but does not wish to bid state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders' List by so indicating below. We submit a "NO BID" because: 1, We are not interested in selling through the bid process. 2. We do not wish to bid under the terms and conditions of the request for bid documents. OBJECTIONS: 3. We do not feel we can be competitive. 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing company. 5. We do not wish to sell to a State agency. OBJECTIONS: 6. We do not sell the items on which bids are requested. 7. Other: Firm: Signature: We wish to remain on the Bidder s List to be deleted from the Bidder s List R Masonry Repairs/ May 12, of 37 Bidder

12 APPENDIX II EXCEPTIONS TO SPECIFICATIONS Bidders should clearly state any exceptions to, deviations from, or additions to any of the specifications listed within the Invitation for Bid; otherwise, the Bidder will be held responsible for compliance in detail with the specifications listed. Please list exceptions below. (NOTE: Do NOT refer to any attached brochures. Bidders must list exceptions below.) Exceptions must refer to the item number and page number in the Invitation for Bid. R Masonry Repairs/ May 12, of 37 Bidder

13 APPENDIX III SAMPLE OF STATE BOARD OF ELECTIONS CERTIFICATE OF REGISTRATION R Masonry Repairs/ May 12, of 37 Bidder

14 APPENDIX IV CERTIFICATION OF IDHR ELIGIBILITY Western Illinois University is required to deal only with those firms registered with the Illinois Department of Human Rights. This sheet must be completed and returned with each bid, proposal or quote for it to be considered. If you need to look up or obtain an IDHR number, contact: Illinois Department of Human Rights Public Contract Section 100 W. Randolph Chicago, IL Chicago: (312) Springfield: (217) Marion: (618) TTY: (866) Return this form along with the bid, proposal or quote to: Western Illinois University Purchasing Office Sherman Hall University Circle Macomb, IL / / fax Respondents must have an IDHR number if: 1) your company employs 15 or more persons at the time of application for a public contract; 2) your company has employed 15 or more persons at any time during the 365 day period prior to the date of your applying for a public contract; 3) you are directed to file by a contracting agency of the State of Illinois, any political subdivision, or a municipal corporation. The undersigned certifies that the bidding enterprise is eligible for competitive bid public contracts in Illinois and has been issued an IDHR number (list below) by the Illinois Department of Human Rights. or The undersigned certifies that the bidding enterprise has filed with the Illinois Department of Human Rights a properly completed and sworn Employer Report Form (IDHR Form PC-1) which is currently valid and pending. The undersigned certifies that the bidding enterprise is exempt from this requirement. Illinois Department of Human Rights Number: Company Official s Signature: Company Official s Title: Date: R Masonry Repairs/ May 12, of 37 Bidder

15 BID NO.: R PROJECT NAME: Masonry Repairs APPENDIX V SPECIAL CONDITIONS BIDDER S UTILIZATION FORM: All bidders shall complete a Bidder's Employee Utilization Form. This form should be submitted with or attached to the bid. The form must be present prior to award of any contract or purchase order. CERTIFIED TRANSCRIPT OF PAYROLL: Contractors awarded a repair, maintenance, renovation or construction contract are required to submit to the Purchasing Office a Certified Transcript of Payroll for each payroll period. The University may periodically inspect the actual payroll records for any of the certified payroll transcripts that have been submitted. EMPLOYMENT OF ILLINOIS LABORERS: Whenever unemployment in Illinois has been at least 5% for two consecutive months as measured by the United States Bureau of Labor Statistics, Illinois laborers must be used on University public works projects. Other than Illinois laborers may be used if Illinois laborers, as defined in the Illinois Compiled Statutes (30 ILCS 570/), are not available and is certified by the Contractor. R Masonry Repairs/ May 12, of 37 Bidder

16 APPENDIX VI CERTIFIED TRANSCRIPT OF PAYROLL Illinois state law requires all contractors working on University construction projects to submit certified payroll records to the University. The payroll records must include all workers employed by contractors on a University project. Under the law, the University will retain these certified payroll records for three years. Most of the information is considered public record and will be available through the Freedom of Information Act. An employee s address, telephone number and social security number will not be released by the University. The law was signed and became effective on August 10, This requirement was the subject of House Bill 188, which was approved by the General Assembly in May, The bill amends Chapter 820 of the Illinois Compiled Statutes, Section 130/5. The law can be found on-line by visiting and going to the bill search page. Payroll records are to include: each worker s name, classification or classifications, hourly wage paid in each pay period, number of hours worked each day and the starting and ending times of work each day. You must submit a certified payroll only for employees working on a University project. The following form and a certified payroll will need to be submitted on a monthly basis to the University: CERTIFIED PAYROLL WIU Purchase Order Number Company Name Address Pay Period The following statement is a part of the submission: The contractor certifies that (1) the payroll record is true and accurate; (2) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Illinois Prevailing Wage Act (820 ILCS 130/5); and (3) the contractor or subcontractor is aware that filing a certified payroll which he or she knows to be false is a Class B misdemeanor. This form must be signed by an authorized representative of the contractor s firm. Submit paper records to: Submit electronic records (Word, PDF) to: Purchasing@wiu.edu X Contractor s Signature and Date R Masonry Repairs/ May 12, of 37 Bidder

17 APPENDIX VII BIDDER S EMPLOYEE UTILIZATION FORM CONSTRUCTION PART I. IDENTIFICATION Name and Address of Bidder: IDHR Number: Description of Bid Project: Agency: Western Illinois University Duration of Project: Date of Bid Opening: PART II. WORK FORCE PROJECTION A. The undersigned bidder has analyzed minority group and female populations, unemployment rates and availability of workers for the location in which this contract work is to be performed, and for the locations from which the bidder recruits employees and hereby submits the following workforce projection including a projection for minority and female employee utilization in all job categories in the workforce to be allocated this contract: TABLE A TABLE B *TOTAL Workforce Projection for Contract JOB CATEGORIES OFFICIALS (MANAGERS) SUPERVISORS FOREMEN CLERICAL EQUIPMENT OPERATORS MECHANICS TRUCK DRIVERS IRONWORKERS CARPENTERS CEMENT MASONS ELECTRICIANS PIPEFITTERS, PLUMBERS PAINTERS LABORERS, SEMI SKILLED LABORERS, UNSKILLED TOTAL TABLE C APPRENTICES ON-THE-JOB TRAINEES TOTAL EMPLOYEES BLACK SPANISH NAMED OR ORIGIN **OTHER MINORITIES APPRENTICES ON-THE-JOB TRAINEES Current Employees To Be Assigned To Contract TOTAL MINORITIES M F M F M F M F M F M F M F M F *Includes both the number of employees that would be hired to perform contract work and the total number currently employed (Table B) that would be allocated to contract work. **For example: other races, religions, nationalities such as Orientals, American Indians, etc. (please specify) R Masonry Repairs/ May 12, of 37 Bidder

18 APPENDIX VIII SUBCONTRACTORS SUBCONTRACTORS: Contractor will or may use subcontractors yes no 1. Contractor shall identify in this section the names and addresses of all first tier subcontractors receiving contracts estimated to be $50,000 or more to be utilized by Contractor in the performance of the Contract, together with the anticipated amount of money each subcontractor is expected to receive pursuant to the Contract. For purposes of this section, subcontractors are those specifically hired to provide to the Contractor some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of this Contract, including sublessees from a lessee of a State agency. 2. A copy of each subcontract issued pursuant to the Contract shall be provided to the Western Illinois University Purchasing Office within 20 days after the execution of the Contract or after execution of the subcontract, whichever is later. It is preferred that the subcontract be provided in PDF format and be sent to: Purchasing Address: Sherman Hall 227 One University Circle Macomb, IL Phone: 309/ Purchasing@wiu.edu 3. If at any time during the term of the Contract, Contractor adds or changes any subcontractors, Contractor will be required to promptly notify, by written amendment to the Contract, the State Purchasing Officer (care of the person identified in 2. above) of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract. 4. Any subcontracts entered into prior to award of the Contract are done at the Contractor s and subcontractor s risk. 5. All subcontracts must include the Standard Qualifications, Certifications, & Disclosures Attachment, completed by the subcontractor. Contractors should copy these forms from this contract document and insure they are included and provided as part of all subcontracts. 6. List all subcontractor information including name, address, phone, , and anticipated amount to be paid on the following page. R Masonry Repairs/ May 12, of 37 Bidder

19 Subcontractors Page 2 of 2 Name Address Phone Amount (Make copies of this page if additional space is needed for reporting) R Masonry Repairs/ May 12, of 37 Bidder