Consent Agenda
Item 10. B. 4) b)
September 25, 2014
COLLEGE OF DuPAGE
REGULAR BOARD MEETING
STANDARD BOARD APPROVAL
1.
SUBJECT
Internet Services Agreement.
2.
BUDGET STATUS
Funds in the amount of $154,224.00 are budgeted in the Information
Technology Telecommunications budget #02-70-16465-5705001 through
October 25, 2017.
3.
BACKGROUND INFORMATION
Since much of the College’s business is conducted through the internet; it has
become mission-critical to our daily operation. In 2006, the College added
Comcast as a second internet service provider (ISP) to the existing stateoperated Illinois Century Network (ICN). In 2011, the College entered into a
three-year agreement with Comcast increasing our bandwidth from 100 Mbps
to 200 Mbps. In January 2013, we again increased our bandwidth from 200
Mbps to 300 Mbps as the demand for bandwidth grew.
Expansion of our wireless network coverage campus-wide and increasing use
of internet resources in academic, administrative and student activities has
continued to increase demand for internet bandwidth. With the start of a new
semester, we are again seeing our bandwidth reaching capacity. With this
renewal, our bandwidth will increase from 300 Mbps to 500 Mbps which
accommodates anticipated growth.
The proposed three-year agreement increases bandwidth and saves the
College 17% over the current agreement. The new agreement is $51,408.00
per year.
The purchase of telecommunications services and inter-connect equipment is
exempt from bidding under Illinois Public Community College Act, 110 ILCS
805/3-27.1. Two (2) vendors submitted proposals that met the RFP
specifications. Comcast is being recommended because their proposal is
$32,544.00 less over the three (3) year term than the nearest competing bid.
This purchase complies with State Statute, Board Policy and Administrative
Procedures.
Consent Agenda
Item 10. B. 4) b)
September 25, 2014
The following is the RFP tabulation:
Monthly Cost for 500 Mbps Bandwidth
3 Year Cost
Comcast
$4,284.00
$154,224.00
AT&T
$5,188.60
$186,789.60
Recommended vendor in bold.
4.
RECOMMENDATION
That the Board of Trustees approve a three-year contract for an Internet
Services Agreement with Comcast Business Communications LLC, 1701
John F Kennedy Boulevard, Philadelphia, PA 19103, for the contract term of
October 26, 2014 through October 25, 2017, for a total three (3) year
expenditure of $154,224.00.
BIDDER: ________________
RFP No. 2015-R0012
INTERNET PROVIDER SERVICES
FOR THE
COLLEGE of DuPAGE
COMMUNITY COLLEGE DISTRICT NO. 502
RESPONSES DUE: Friday, August 22, 2014 at 2:00 p.m.
DELIVER PROPOSALS TO:
COLLEGE of DuPAGE
PURCHASING DEPARTMENT
ROOM BIC 1540
425 FAWELL BLVD.
GLEN ELLYN, ILLINOIS 60137
Requisition No.: 639191
ISSUED BY THE
PURCHASING DEPARTMENT
Request for Proposal for an Internet Service Provider (ISP) for the College of DuPage located at 425 Fawell
Blvd., Glen Ellyn, Illinois.
Proposals shall be submitted prior to the time and date stated above. Any Proposal received after the
time and date stated above will be returned, unopened to the sender, no matter what date it was mailed.
Proposals shall be prominently identified with the project title, submittal date, time and the name and
address of the company. The company name shall appear on each page of the Proposal. College of
DuPage shall not be responsible for Proposals that are not received at the specific office location
indicated above by the stated deadline. It is the proposer’s responsibility to ensure adequate lead times
are allowed for delivery. Any information received as part of this Proposal shall become the property of
the College of DuPage.
Prices submitted must be firm. No Proposals will be accepted on the basis of price prevailing at time of
services, or conditional to any other event. Any company or organization to be awarded a contract for
goods and/or services must be in compliance with all State and Federal laws regarding Fair Employment
Practice as well as all rules and regulations thereunder.
No response shall be withdrawn for a period of ninety (90) days after the date of receipt without the
consent of the Board of Trustees. The Board reserves the right to reject any or all Proposals and to
waive informalities in the award process. The Board shall be the sole judge of whether any Proposal is
the most responsible or qualified. Responses shall be deemed final, conclusive, and irrevocable. No
Proposal shall be subject to correction or amendment for any error or miscalculation.
PROJECT CLARIFICATIONS
If any offerer submitting a Proposal for this project is in doubt as to the true meaning of the specifications
or other documents or any part thereof, offerer shall request clarification from the Manager of Network
Services. All requests for clarifications, or other type of communications regarding this project, must be
submitted in writing. Requests for clarification shall be accepted as follows: E-Mail to:
andersons270@cod.edu
All questions shall be answered in writing through a Proposal addendum, and both the question and
response shall be sent to all project offerers. The College of DuPage shall not be responsible for any
explanation, interpretation or communication made that does not follow this procedure. No questions or
clarifications shall be accepted for this project after August 18, 2014 at 5:00 pm.
EXCEPTIONS TO RFP SPECIFICATIONS
All prospective Contractors must read the Proposal specifications and College agreement terms and
conditions attached to this Proposal carefully. Any exceptions, including additions and/or deletions to the
specifications, terms or conditions presented must be clearly stated and summarized as a separate section
in the Proposal response. Each Contractor shall submit a detailed summary statement of any and all
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exceptions taken to any part of this Proposal with reference to the specific document, section and/or
paragraph(s) involved. It shall be mutually understood that the Contractor shall comply with all
specifications, terms, and conditions of the Proposal documents unless specifically excluded in their
Proposal response. Unfamiliarity with the College's agreements, operations, and facilities shall not relieve
the successful Contractor from the necessity of providing, without cost to the College, any materials or
performing any labor or service that may be required to carry out the intent of the resulting agreements.
Contractor’s signature shall be construed as acceptance of, and willingness to comply with, all provisions
of the RFP and resulting agreements unless noted.
REJECTION OF PROPOSAL
The offerer acknowledges the right of the Owner to reject any or all Responses received, to negotiate with
any offerer considered qualified, to make award without further discussions, or to waive any informality or
irregularity in any Proposal received. In addition, the offerer recognizes the right of the Owner to reject a
Proposal if the offerer failed to submit the data required by the Proposal documents, or if the Proposal is in
any way incomplete or irregular.
Non-acceptance of a Proposal shall mean that another was deemed more advantageous to the College,
or that all Responses were rejected. Offerers whose Proposals are not accepted shall be notified after
a binding contractual agreement between the College and the selected offerer exists, or after the college
has rejected all Responses.
AWARD OF CONTRACT
The award will be made to the offerer whose Proposal is determined to be totally, technically complete,
and is the most responsible and qualified offerer meeting specifications based upon evaluation of the
information furnished, as required under this request for Proposal. The selection process may include a
request for additional data or oral presentations as deemed necessary by the College. However, since
the College may make an award without further discussion, each offerer should include in his/her written
Proposal, all statements, requirements, terms or conditions it may have and should not assume that an
opportunity will exist to add such matters after the Proposal is submitted.
The College may reject any or all offers if such action is in the best interest of College of DuPage;
accept other than the lowest offer, and waive any informalities and minor irregularities in offers received.
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AWARD CRITERIA
The award of the contract will be made within ninety (90) calendar days after receipt of Proposals to
the most responsible and qualified offerer whose Proposal complies with all the requirements
prescribed. The successful offerer will be notified by letter that their Proposal has been accepted
and that they have been awarded the contract. If a contract is not awarded within ninety (90) days
after receipt of Proposals, an offerer may file a written request withthe Office of Purchasing on the
withdrawal of their Proposal.
1.0 GENERAL INFORMATION AND REQUIREMENTS
1.1 PURPOSE
This Request for Proposal (RFP) is being issued to obtain a multi-year agreement, preferably with
a single vendor to be the primary provider of Internet Service, and related support services
acquired by the College of DuPage, Illinois Community College District 502 located in Glen Ellyn
Illinois. This agreement is intended to supply devices that will be installed in existing and future
environments at campus locations. This contract has the potential for a contract life of up to three
years.
1.2 BACKGROUND
The College of DuPage has embarked upon an initiative to ensure the availability and reliability of
internet service for faculty, staff, and student labs.
1.3 DEFINITIONS
As used in this RFP, the following terms shall have the meanings indicated below:
“Contract” shall refer to any agreement that the College of DuPage enters into with a Vendor
pursuant to this
RFP.
"Vendor" shall mean the Vendor that will provide the personal computers and support services for
the College of
DuPage.
"Term" shall refer to the length of time the agreement will be valid including two, two-year
extension(s) if the
College of DuPage elects to extend the Agreement subject to the conditions and provisions of
this agreement. "College" shall mean, The College of DuPage.
1.4 WARRANTY
The Vendor shall provide at Vendor’s expense a minimum of a three-year on-site warranty plan
for all equipment, parts, and services delivered under this agreement.
1.5 PRODUCT REQUIREMENTS
N/A
1.6 PROPOSAL REQUIREMENTS
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Requirements of this Proposal are the minimum acceptable.
2.0 VENDOR REQUIREMENTS
2.1
PROJECT MANAGER
A. The Contractor shall provide a project manager who shall be familiar with the work that is
actively in progress at all times. The project manager shall visit the site on a regular basis to
verify progress, issues, and compliance to the specification and coordination.
1. This individual shall be an employee of the Contractor or contracted by the
Contractor for this project.
2. The Contractor’s project manager shall not be changed during the course of the project
without written approval of the College.
3.0 TERMS AND CONDITIONS
3.1 TERMS
The contract award shall be binding on both parties for a three (3) year period beginning on the
date of contract award.
3.2 TRANSPORATION CHARGES, DELIVERY INSTRUCTIONS, PAYMENT
N/A
3.3 DEFAULT
Should the College determine that the Vendor is not satisfactorily providing any goods or
services as outlined within this agreement, the College may, by written notice to the Vendor,
demand that the Vendor provide the goods and service(s) in question in a satisfactory
manner. If the Vendor, within a period of seventy-two (72) hours after receipt of the notice
from the College specifying each failure, does not present adequate plans to cure such failure
and provide a cure within 30 days, the College may terminate the whole or part of the contract
in question. In the event the College terminates this contract in whole or part as provided
herein, it may procure, in such a manner, as it deems reasonable and appropriate, such
goods and services as required by this agreement and the Vendor shall be liable for any cost
for such goods and services. However, if this agreement is terminated in part, the Vendor
shall be required to continue the performance of this agreement to the extent not terminated
under the provisions of this clause, while remaining liable for any cost of any goods and
services obtained by the College to cover goods and services canceled due to unsatisfactory
performance from the Vendor under this agreement.
3.4 INDEMNIFICATION AGREEMENT
The Vendor shall indemnify the College against any and all liability, claims, and costs of
whatsoever kind and nature, for injury to or death of any persons, for loss or damage to any
property in connection with or in any way incident to or arising out of the occupancy, use, service,
operations, or performance of work in connection with this agreement resulting in whole, or in
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part, from the acts or omissions of the Vendor or any employee, agent, or
representative of the Vendor, and too, the Vendor shall pay all royalties and license fees and shall
defend all suits or claims for infringement of any patent rights or copyright rights and shall save the
College harmless from loss on account thereof.
3.5 BANKRUPTCY
This Agreement will automatically terminate upon the filing of bankruptcy or any other insolvency
proceedings by or against the Vendor.
3.6 CONTRACT ADMINISTRATOR
After award, the Contract Administrator and liaison for this contract will be Rich Kulig, Manager
Network Services, The College of DuPage, 425 Fawell Blvd. Glen Ellyn Illinois 60137, Phone: (630)
942-3984, Fax: (630) 790-0325.
4.0 THE PROCUREMENT PROCESS
4.1 PROPOSALS
All Proposals are subject to the terms and conditions outlined herein. All responses will be
controlled by such terms and conditions, and the submission of other terms and conditions and
other documents as part of a Vendor’s response will be waived and have no effect either on this
RFP or any contract that may be awarded resulting from this solicitation. The submission of any
other terms and conditions by a Vendor may be grounds for rejection of the Vendor’s Proposal.
4.2 PRE-PROPOSAL CONFERENCE
N/A
4.3 PROPOSAL RESPONSE
Each Vendor shall respond to this Proposal by completing the forms provided.
4.4 PROPOSAL SUBMISSION
The original Proposal shall be signed and dated by an official authorized to bind the firm.
a) Proposals will be received from each Vendor; one printed original.
b) The Proposal shall bear the name of the firm, the RFP title, and the closing date for
Proposal submission. The College must receive the Proposal no later than the date and
time specified on the cover of this RFP.
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SECTION 01 00 00
GENERAL REQUIREMENTS
1.0
INTENT OF SPECIFICATIONS
A. This is a design-build, "turn-key" project. The Contractor shall be responsible for the
installation of fully operational, code compliant systems in accordance with these
specifications.
B. It is intended that the work performed pursuant to these specifications be complete in
every respect, resulting in equipment installed entirely in accordance with the applicable
codes, standards, manufacturer's recommendations and Underwriters Laboratories Inc.
(UL) listings.
C. It is further intended that upon completion of this work, the College be provided with:
1. Complete information describing and depicting the equipment/service, including all
information necessary for maintaining, troubleshooting, and/or modifying at a future date.
2. Complete documentation of pre-testing, final testing and acceptance testing.
3. Certification that the equipment/service has been inspected, tested, and installed entirely
in accordance with applicable codes, standards, manufacturer's recommendations and
UL listings, and in proper working order.
1.1
General Description
A. Provide all materials and labor for the installation and the replacement of the equipment at the
College of DuPage in Glen Ellyn, Illinois for the all buildings as required by the specifications.
B. Contractor shall warrant that the new equipment/service shall be in full compliance with all
applicable codes, local requirements, manufacturer’s recommendations, product listings, and
State and Federal laws and regulations applicable to the project and these specifications.
The specifications provided shall be utilized by the Contractor to install equipment, which
when fully implemented, will be in compliance with such codes, laws and regulations. All work
that does not conform to these requirements shall be subject to replacement, at the College’s
and College’s Representative’s sole discretion, with work that does conform, at the
Contractor’s expense.
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C. Contractor hereby acknowledges that as the Service Provider, the Contractor is liable for
said compliance and hereby releases, indemnifies and holds harmless, the College and
their respective employees, consultants, agents, successors, and assigns from and
against any and all claims costs associated in any ways or respect to the installed
equipment.
D. All work shall be performed in accordance with these specifications and good practice. No
modifications to these specifications will be accepted without the expressed written
approval of the College or College’s Representative. It is the Contractor's responsibility to
document College's approval of any such modifications prior to the execution of work.
2.0
WORKING CONDITIONS
2.1
Project Representative’s
A. All contacts with the Building shall be directed to the College Representative, hereafter
referred to as the College:
Mr. Rich Kulig, Manager Network Services
College of DuPage
425 Fawell Blvd.
Glen Ellyn, Illinois 60137-6599
Phone No.: (630) 942-3984
Fax No.: (630) 790-0325.
B. College’s Consultant:
Not Applicable
C. The College will issue all approvals and instructions required for this work. No other person may issue
an approval or instructions to the Contractor without the written permission of the College. Acceptance of
unauthorized or oral approvals or instructions by the Contractor shall be entirely at the Contractor's risk and
in no case shall such unauthorized or oral approvals or instructions constitute an oral contract or otherwise
be binding upon the College.
2.2
Conditions
A. It shall be the Contractor's responsibility to inspect the job site and become familiar with the
conditions under which the work will be performed. Inspection of the building(s) may be
made by appointment with the College.
B. Existing site maps in the possession of the College will be available to the Contractor. It shall
be the Contractor's responsibility to review the existing site maps. Electronic files of the
existing site maps will be made available to the contractor. The College makes no warranty
as to the accuracy of any site maps.
C. Normal work hours for Contractor are 7:00 A.M. to 4:00 P.M. Equipment testing shall be
completed during off-hours. System cutovers shall be completed during off-hours. Off-hours
are defined as 10:00 P.M. to 6:00 A.M. or weekends. All
Off-hour work shall be coordinated with the College.
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E. Testing shall be completed during off-hours, as defined in this section.
F. All work operations must be scheduled with the College.
G. The technicians and vendor shall hold any certifications required to work on
equipment/service in the State of Illinois. The contractor shall provide proof of all
certifications as requested by the College.
H. Contractor shall be responsible for prior coordination of all work with the College.
I.
No portion of the existing equipment may be taken out of service without prior written
approval from the College. If taken out of service, the Contractor shall provide alternate
machines, acceptable to the College until machines are replaced or restored to service.
J. It is understood and acceptable to the College that a reasonable amount of Building
Personnel assistance must be provided during the design, installation and testing phases
due to the nature of this project.
1.0 Overview
This request for proposal (RFP) provides interested Internet Service Providers (ISP) with information to
prepare and submit proposals for consideration, with the intent of providing cost effective, convenient,
Internet access for students, faculty, staff, alumni and friends of the College of DuPage.
We are requesting price quotations and detailed explanations of services offered. The ISP must provide
all hardware, software, billing services, technical and customer support and connectivity to the Internet.
Instructions are contained herein for proposal submissions, services to be provided and general
evaluation criteria. This RFP is to be distributed to a range of applicable suppliers able to provide the
services required.
The contract period will be for 3 years from the inception of the contract. Bidders are encouraged to fully
study this bid proposal before completing and submitting responses on or before the bid due date and
time. After initial review of the responses, vendors may be asked to come in for a formal presentation.
2.0 Requirements:
All respondents are requested to address each of the following requirements/services. The ISP may also
include any significant information not requested in the proposal below:
General Specifications:
- ISP shall provide 300 mbps of duplex business class Internet transit.
- ISP shall provide bandwidth 24 hours per day, 365 days per year.
- ISP shall have network engineering support 24 hours per day, 365 days per year.
- ISP shall maintain network monitoring capability and notification at the point of any disruption of service.
- ISP shall provide web-based bandwidth utilization reporting.
- ISP shall provide a contiguous range of 5 Public IP addresses.
- ISP shall install all services and equipment included in proposal.
- ISP must be prepared to provide service starting no later than November 1, 2014.
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2.1 Site
The College of DuPage currently has two ISP’s. As an Illinois Community College we have a direct fiber
connection to the Illinois Century Network providing 300 Mbps of service. We also have a second ISP
delivering 300 Mbps, for a total of 600 Mbps. This proposal is for the second ISP connection. For
disaster recovery purposes, we require that the vendor provided fiber optic service enter and terminate
into a data center in the Technical Education Center on the College of DuPage Campus at 425 Fawell
Blvd, Glen Ellyn Illinois. Service will be extended from the Technical Education Center to the Berg
Instructional Center via college owned and provided single mode fiber optics. Any ISP owned routers or
necessary equipment will be placed in the Berg Instructional Center.
a) Please provide an overview of how you plan to provide fiber optic service to our data center in the
Technical Education Center.
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2.2 Hardware and Software
All network equipment and software necessary to facilitate off campus access will be supplied, installed
and/or maintained by the ISP. Please provide an overview of the intended configuration noting:
Equipment to be installed/utilized.
Space/technical requirements/personnel to be supplied
by COD.
Explanation of how the service is scaled to a growing
user base.
Procedures for facilitating hardware/software upgrades
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2.3 Scope
All support and services shall be the responsibility of the ISP. Please supply detailed descriptions of the
following services supplying locations, hours of availability, types of access, costs, etc.
Technical support
User account billing
System/network security
Provide details on your service level agreement
including guaranteed uptime, minimum response
and resolution time, and discounts given for
excessive outages.
2.4 Costs
Please supply a detailed explanation of the billing structure on the table provided. This should include all
monthly recurring and non-recurring installation costs. Describe:
a) Complete costs to users including connect charges, on-going support charges, disconnect
charges, required software, etc.
b) Available discounts, i.e., multi-year contract, account volume, etc.
c) Costs involved in discontinuance of service by either a user or the College
d) Monthly billing procedures (from a user’s point of view)
e) Any costs involved with bringing fiber optic service to the college.
f) Provide alternate costs for 300 Mbps, 400 Mbps, and 500 Mbps of bandwidth.
g) Provide information on guaranteed rates for the life on the contract on the above bandwidth
alternatives.
h) Provide costs involved with increasing bandwidth during the term of the contract and how it
affects the contract termination date.
3 YEAR AGREEMENT - PRICING FOR GLEN ELLYN
Service
300 Mbps
Non-Recurring One Time
Installation/Implementation
Costs
Monthly Bandwidth Cost
Any Other Monthly Cost
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400 Mbps
500 Mbps
2.5) Value Added
a) Please provide an overview of any other products and services offered through the connection.
3.0 Weighted Factors
The contract will be awarded based on a comprehensive review, analysis and that best meets the needs
and objective of the college. Each proposal will be evaluated by committee using the following criteria
falling in three board categories. The factors shall not limit the college’s evaluation to those specific items.
FACTOR
WEIGHT
Cost of Services
Meeting Technical and Site Specifications
Vendor Viability and References
TOTAL
50%
40%
10%
100%
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GENERAL CONDITIONS
GC-01
SUBCONTRACTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDS
Once awarded, this Contract shall not be subcontracted or any part thereof assigned without the express written approval
of the College. In no case, however, shall such approval relieve the Contractor from his obligations or change the terms
of the Contract. The Contractor shall not transfer or assign any Contract funds or claims due or to become due without the
advance written approval of the Purchasing Manager. The unauthorized subcontracting or assignment of the Contract, in
whole or in part, or the unauthorized transfer or assignment of any Contract funds, either in whole or in part, or any interest
therein, which shall be due or are to become due the Contractor shall have no effect on the College and are null and void.
The Contractor shall identify any and all contractors and subcontractors it intends to use in the performance of the Contract.
All such persons shall be subject to the prior approval of the College.
The Contractor and its employees, contractors, subcontractors, agents and representatives are, for all purposes arising
out of this Contract, independent contractors and are not employees of the College. It is expressly understood and agreed
that the Contractor and its employees, contractors, subcontractors, agents and representatives shall in no event as a result
of a contract be entitled to any benefit to which College employees are entitled, including, but not limited to, overtime,
retirement benefits, worker’s compensation benefits and injury leave or other leave benefits.
GC-02
INDEMNIFICATION
The Contractor covenants and agrees to indemnify and save harmless the College and its trustees, officials, employees,
agents and representatives, and their respective heirs, successors and assigns, from and against any and all costs,
expenses, attorney's fees, losses, damages and liabilities incurred or suffered directly or indirectly from or attributable
to any claims arising out of or incident to the performance or nonperformance of the Contract by the Contractor, or the
acts or omissions of the officers, agents, employees, contractors, subcontractors, licensees or invitees of the
Contractor. The Contractor expressly understands and agrees that any Performance Bond or insurance protection
required of the Contractor, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify
the College as hereinabove provided.
GC-03
INSPECTION AND RESPONSIBILITY
The College shall have a right to inspect any Contract Goods used in carrying out this Contract and shall be responsible
for the quality and standards of all materials or completed work furnished under this Contract. Contract Goods or
completed work not complying herewith may be rejected by the Purchasing Manager and/or the Director and shall be
replaced and/or re-performed by the Contractor at no cost to the College. Any Contract Goods rejected shall be removed
within a reasonable time from the premises of the College at the entire expense of the Contractor, after notice has been
given by the College to the Contractor that such Contract Goods have been rejected.
GC-04
PAYMENT AND INVOICES
All invoices submitted by the Contractor shall be in accordance with the cost provisions contained in the Contract
Documents. College of DuPage will only accept electronic invoices, which can be in any format, including but not
limited to PDF, Word, Excel. Invoices must reference the COD Purchase Order Number. Invoices are to be emailed
to invoicing@cod.edu. Questions about payment status or other inquiries please email acctpay@cod.edu or call 630942-2228. Contractor must agree to receive all payments from the College via an Automated Clearing House (ACH)
transfer (CCD file format only).
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GC-05
PREPAID FEES
In the event this Contract is terminated by either party, for cause or otherwise, and the College has prepaid for any service
or Contract Good to be provided pursuant to this Contract, Contractor shall refund to the College, on a prorated basis to
the effective date of termination, all amounts prepaid for such service or Contract Good not actually provided as a result
of the termination. The refund shall be made within fourteen (14) days of the effective date of termination.
GC-06
TAXES
Federal Excise Tax does not apply to materials purchased by the College by virtue of Exemption Certificate No. 362594972. Illinois Retailers' Occupation Tax, Use Tax and Municipal Retailers' Occupation Tax do not apply to materials
or services purchased by the College by virtue of statute. The price or prices quoted herein shall include any and all other
federal and/or state, direct and/or indirect taxes which apply to this Contract. The College's State of Illinois Sales Tax
Exemption Identification No. is E-9997-3391-06.
GC-07
PRICE REDUCTION
If at any time after the contract award, Contractor makes a general price reduction in the price of any goods covered by
the Contract, the equivalent price reduction based on similar quantities and/or considerations shall apply to this Contract
for the duration of the Contract period. Such price reductions shall be effective at the same time and in the same manner
as the reduction in the price to customers generally.
GC-08
CONTRACTOR CREDITS
To the extent the Contractor gives credits toward future purchases of goods or services, financial incentives, discounts,
value points or other benefits based on the purchase of the materials or services provided for under this Contract, such
credits belong to the College and not any specific using department. Contractor shall report any such credits to the
Purchasing Manager.
GC-09
DISPUTES
Any dispute arising under the Contract between the College and Contractor shall be decided by the Purchasing Manager.
The complaining party shall submit a written statement detailing the dispute and specifying the specific relevant Contract
provision(s) to the Purchasing Manager. Upon request of the Purchasing Manager, the party complained against shall
respond to the complaint in writing within five days of such request. The Purchasing Manager will reduce his decision to
writing and mail or otherwise furnish a copy thereof to the Contractor and Director. Dispute resolution as provided herein
shall be a condition precedent to any other action at law or in equity. Notwithstanding a dispute, Contractor shall continue
to discharge all its obligations, duties and responsibilities set forth in the Contract during any dispute resolution proceeding
unless otherwise agreed to by the College in writing.
GC-10 MODIFICATIONS AND AMENDMENTS
The parties may during the term of the Contract make modifications and amendments to the Contract but only as
provided in this section. Such modifications and amendments shall only be made by mutual agreement in writing.
In the case of Contracts not approved by the Board, the Purchasing Manager may amend a contract provided that any
such amendment does not extend the Contract by more than one (1) year, and further provided that the total cost of all
such amendments does not increase the total amount of the Contract beyond $25,000. Such action may only be made
with the advance written approval of the Purchasing Manager. If the amendment extends the Contract beyond one (1)
year or increases the total award amount beyond $25,000, then Board approval will be required.
In the case of Contracts approved by the Board, the total cost of all such amendments shall not increase the Contract
by more than 10% of the original contract award and the term may only be extended for up to one (1) year. Such action
may only be made with the advance written approval of the Purchasing Manager.
In the case of Contracts approved by the Board, modifications and amendments which individually or cumulatively
result in additional costs of greater than 10% of the original awarded amount or which extend the term of the Contract
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by more than one (1) year shall be deemed as authorized with the advance approval of the College of DuPage Board
of Trustees.
No College department or employee thereof has authority to make any modifications or amendments to this
Contract. Any modifications or amendments to this Contract made without the express written approval of the
Purchasing Manager is void and unenforceable.
GC-11
DEFAULT
Contractor shall be in default hereunder in the event of a material breach by Contractor of any term or condition of this
Contract where Contractor has failed to cure such breach within ten (10) days after written notice of breach is given to
Contractor by the College, setting forth the nature of such breach.
A material breach of the contract by the Contractor includes but is not limited to the following:
1.
Failure to begin performance under this Contract within the specified time;
2.
Failure to perform under this Contract with sufficient personnel, equipment, or materials to ensure completion
of said performance within the specified time or failure to assign qualified personnel to ensure completion
within the specified time;
3.
Performance of this contract in an unsatisfactory manner;
4.
Refusal to perform services deemed to be defective or unsuitable;
5.
Discontinuance of performance of Contractor’s obligations under the Contract or the impairment or the
reasonable progress of performance;
6.
Becoming insolvent, being declared bankrupt or committing any act of bankruptcy or insolvency;
7.
Any assignment of this contract for the benefit of creditors;
8.
Any cause whatsoever which impairs performance in an acceptable manner; or
9.
Any other material breach of any term or condition of this Contract.
College shall be in default hereunder if any material breach of the Contract by the College occurs which is not cured by
the College within forty-five (45) days after written notice of breach has been given by Contractor to the College, setting
forth the nature of such breach.
GC-12
COLLEGE'S REMEDIES
If the Contractor fails to remedy a material breach during the ten (10) day cure period pursuant to General Condition GC11, Default, the College shall have the right to terminate this Contract provided, however, that the College shall give
Contractor prior written notice of its intent to terminate. Following notice of breach to Contractor, the College reserves the
right to withhold payments owed to Contractor until such time as Contractor has cured the breach which is the subject
matter of the notice. In addition, the College shall have the right to pursue all remedies in law or equity.
GC-13
CONTRACTOR'S REMEDIES
If the College has been notified of breach and fails to remedy the breach during the forty-five (45) day cure period pursuant
to General Condition GC-11, Default, the Contractor shall have the right to terminate this Contract provided, however, that
Contractor shall give the College thirty (30) days prior written notice of termination.
Page 15
Contractor shall have the right to pursue all remedies available in law or equity. In all cases the Contractor's damages
shall be those provable damages not to exceed the value of the Contract as awarded by the College of DuPage Board of
Trustees. Contractor shall not disrupt the operation or repossess any component thereof.
GC-14
DELAYS
Contractor agrees that no charges or claims for damages shall be made by Contractor for any delays or hindrances from
any cause whatsoever during the progress of any portion of this Contract.
GC-15
INSURANCE REQUIREMENTS
1)
The Contractor shall require all policies of insurance that are in any way related to the work and are secured and
maintained by Contractor and all tiers of subcontractors to include clauses providing that each underwriter shall
waive all of its rights of recovery, under subrogation or otherwise, against College of DuPage, Board of Trustees
and employees of the College.
2)
The Contractor shall waive all rights of recovery against College of DuPage, Board of Trustees, employees of the
College and other Contractors and subcontractors which Contractor may have or acquired because of deductible
clauses in or inadequacy of limits of any policies of insurance that are in any way related to the work and that are
secured and maintained by Contractor.
3)
The Contractor shall require all tiers of subcontractors to waive the rights of recovery against College of DuPage
and all tiers of subcontractors.
Insurance Requirements of the Contractor
Prior to the effective date of this Contract, the Contractor, at its cost, shall secure and maintain at all times, unless
specified otherwise, until completion of the term of this Contract the insurance specified below.
Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's
responsibility for payment of damages resulting from its operations under this Contract. The insurance purchased and
maintained by the Contractor shall be primary and not excess or pro rata to any other insurance issued to the
College.
The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
The limits of liability shall be as stated below, unless, prior to the effective date of this Contract, written approval is
granted by the College of DuPage Department of Risk Management for variance from those limits.
1.
Coverages
(a)
Workers Compensation Insurance
Workers' Compensation shall be in accordance with the laws of the State of Illinois or any
other
applicable jurisdiction.
The Workers Compensation policy shall also include the following provisions:
(1)
Employers' Liability coverage with a limit of
$500,000 each Accident
$500,000 each Employee
$500,000 Policy Limit for Disease
Page 16
(2)
(b)
Broad form all states coverage
Commercial General Liability Insurance
(1)
The Commercial General Liability shall be on an occurrence form basis to cover
bodily injury and property damage including loss of use.
General Liability limits shall not be less than $1,000,000 per occurrence and
$2,000,000 aggregate combined single limit for bodily injury and property
damage. The General Liability policy shall include, without limitation the following
coverages:
(a)
(b)
(c)
(d)
(e)
(c)
All premises and operations;
Broad Form Blanket Contractual Liability;
Products/Completed Operations;
Broad Form Property Damage Liability;
Cross Liability.
Comprehensive Automobile Liability Insurance
Comprehensive Automobile Liability to cover all owned, non-owned and hired automobiles, trucks
and trailers. The Comprehensive Automobile Liability limits shall not be less than the following:
1)
2)
(d)
Liability - All Autos: Bodily Injury & Property Damage - $1,000,000 per Occurrence
Uninsured/Motorists: Per Illinois Requirements
Umbrella/Excess Liability Insurance
In addition to the coverages and limits specified above, Contractor and Sub-Contractors of any tier
shall secure and maintain a limit of liability no less than:
1)
2)
2.
$2,000,000 each occurrence for all liability
$2,000,000 in the aggregate per policy year separately with respect to products and
completed operations
Additional requirements
(a)
Additional Insured
College of DuPage, its officials, employees and agents shall be named as additional insured under
the Commercial General Liability policy.
(b)
Qualification of Insurers
All insurance companies providing coverage shall be licensed or approved by the Department of
Insurance, State of Illinois, and general rating of "A", and shall be a Class V or higher in the financial
size category as listed in A.M. Best's Key Rating Guide, current edition or interim report. Companies
with ratings lower than “A”, V will be acceptable only upon written consent of the College of
DuPage Department of Risk Management.
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(c)
Insurance Notices
All policies of insurance which may be required under terms of this Contract shall be endorsed to
provide that the insurance company shall notify the Purchasing Manager, College of DuPage Room
BIC 1540, 425 Fawell Blvd., Glen Ellyn, Illinois 60137 at least 30 days prior to the effective date of
any cancellation or modification of such policies. When required in the Special Conditions, the
successful Bidder shall furnish prior to the date on which Contractor commences performance of the
contract, Certificates of Insurance maintained by Contractor.
In no event shall any failure of the College to receive Certificates of Insurance required hereof or to
demand receipt of such Certificates of Insurance be construed as a waiver of Contractor's
obligations to obtain insurance pursuant to these insurance requirements.
GC-16
PATENTS, COPYRIGHTS AND LICENSES
Contractor agrees to hold harmless and indemnify the College, its officers, agents, employees and affiliates from and
defend, at its own expense (including reasonable attorneys', accountants' and consultants' fees), any suit or proceeding
brought against College based upon a claim that the ownership and/or use of equipment, hardware and software or any
part thereof utilized in performing Contractor's services constitutes an infringement of any patent, copyright or license or
any other intellectual property right.
In the event the use of any equipment, hardware or software or any part thereof is enjoined, Contractor with all reasonable
speed and due diligence shall provide or otherwise secure for College, at the Contractor's election, one of the following:
the right to continue use of the equipment, hardware or software; an equivalent system having the Specifications as
provided in this Contract; or to modify the system or its component parts so that it becomes non-infringing while performing
in a substantially similar manner to the original system, meeting the Specifications of this Contract.
GC-17
COMPLIANCE WITH LAWS
The Contractor shall observe and comply with the laws, ordinances, regulations and codes of Federal, State and other
local government agencies which may in any manner affect the performance of the Contract, including but not limited to
those College rules as set forth in the Certifications attached hereto and incorporated herein. Assurance of compliance
with this requirement by the Contractor's employees, agents or subcontractors shall be the responsibility of the Contractor.
The Contractor shall secure and pay for all federal, state and local licenses, permits and fees required hereunder.
GC-18 PROHIBITION OF DISCRIMINATION AND HARASSMENT
No student, employee, Board member, or visitor will discriminate against or harass a student, employee or visitor on
the basis of race, color, religion, sex, national origin, age, disability, sexual orientation or any other unlawful basis. The
College will not tolerate discrimination or harassment. Individuals found to have violated this policy will be subject to
disciplinary action up to and including termination and/or expulsion from the College as determined by such
administrative or Board action as is required by Illinois law or by Board policy. Individuals who retaliate against any
employee for filing a complaint or participating in harassment investigation shall be subject to disciplinary action.
GC-19
CONDUCT OF THE CONTRACTOR
The Contractor agrees to inform the College on a timely basis of all of the Contractor's interests, if any, which are or which
the Contractor reasonably believes may be incompatible with any interest of the College. The Contractor shall not use for
personal gain or make other improper use of privileged information which is acquired in connection with the Contract.
Page 18
GC-20
ACCIDENT REPORTS
The Purchasing Manager and Director shall be given written notification within twenty-four (24) hours of any occurrence,
on the site or otherwise, which pertains in any way to this Contract and involves the Contractor's personnel, or those of
any of his subcontractors or others whether said occurrence be in the nature of bodily injury to employees or third parties
or property damage.
The report shall include the name of person(s) injured, name of his employer, date, time and location of occurrence, extent
of injury and/or damage, name(s) of eyewitnesses, and who treated the person(s) for injuries sustained, and such other
information as may be relevant. The Contractor shall notify the College of DuPage Police of any occurrence requiring an
official police record. The accident report should indicate whether the police were notified and, if so, the number of the
police report.
GC-21
USE OF PREMISES
Contractor shall confer with the Director to ascertain full knowledge of all rules and regulations of the College facilities
relative to this Contract and shall comply therewith. The Contractor shall confine the operations of its employees to the
limits indicated by laws, ordinances, permits and/or direction of the Director and shall not encumber the premises with
materials or debris. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will
endanger its safety.
The College reserves the right to prohibit any person from entering any College facility for any reason. All subcontractors,
agents and employees of the Contractor shall be accountable to the Director while on any College property and shall abide
by all security regulations imposed by the College.
GC-22
CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS
Contractor acknowledges and agrees that information regarding this Contract is confidential and shall not be disclosed,
directly, indirectly or by implication, or be used by Contractor in any way, whether during the term of this Contract or at any
time thereafter, except solely as required in the course of Contractor’s performance of Services hereunder. Contractor
shall comply with the applicable privacy laws and regulations affecting Owner and will not disclose any of Owner’s records,
materials, or other data to any third party. Contractor shall not have the right to compile and distribute statistical analyses
and reports utilizing data derived from information or data obtained from Owner without the prior written approval of Owner.
In the event such approval is given, any such reports published and distributed by Contractor shall be furnished to Owner
without charge.
All documents, data, studies, reports, work product or product created as a result of the performance of Service(s) shall
be the property of the College of DuPage. It shall be a breach of this Contract for the Contractor to reproduce or use, any
documents, data, studies, report, work product or product obtained from the College of DuPage or created hereby for its
own purposes or to be copied and used by any third party. During the performance of the Services herein provided for,
the Contractor shall be responsible for any loss or damage to the documents herein enumerated while they are in his
possession, and any such document lost or damaged shall be restored at the expense of the Contractor. Full access to
the work during the preparation of the plans shall be available to the College and other public agencies interested in this
work.
GC-23
GOVERNING LAW
This Contract shall be governed by and construed under the laws of the State of Illinois. The Contractor irrevocably agrees
that, subject to the College's sole and absolute election, any action or proceeding in any way, manner or respect arising
out of the Contract, or arising from any dispute or controversy arising in connection with or related to the Contract, shall
Page 19
be litigated only in courts within the County of DuPage, State of Illinois, and the Contractor consents and submits to the
jurisdiction thereof. In accordance with these provisions, Contractor waives any right it may have to transfer or change
the venue of any litigation brought against it by the College pursuant to this Contract.
GC-24
TOBACCO-FREE CAMPUS POLICY
Use of tobacco and tobacco-related products (including electronic cigarettes) is prohibited on all College of DuPage premises, in all
indoor College facilities and in all College vehicles. “College of DuPage Premises” includes all land, building, facilitie s and other
property leased or rented by the College, whether on a short-term or long-term basis; owned by the College (including adjacent streets
and sidewalks); subject to the control of the College but not leased, rented, or owned; and where an official College activity is held
and where students, faculty, or staff are present or are participants in the official College activity. Tobacco use is permitted inside
private vehicles. The improper disposal of tobacco and tobacco-related products from a vehicle while on College of DuPage premises
is prohibited. Improper disposal includes, but is not limited to, spitting smokeless tobacco product, littering, and anything that creates
fire hazards. It is the responsibility of all faculty, staff, students and visitors to comply with this policy. Refusal to comply with this policy
may result in citations issued by Campus Police and/or disciplinary action by the appropriate administrative office.
GC-25
WAIVER
No term or provision of this Contract shall be deemed waived and no breach consented to unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. The waiver of any such provision shall be strictly limited to the
identified provision.
GC-26
ENTIRE CONTRACT
It is expressly agreed that the provisions set forth in this Contract constitute all the understandings and agreements between the parties.
Any prior agreements, promises, negotiations, or representations not expressly set forth in this Contract are of no force and effect.
GC-27
FORCE MAJEURE
Neither Contractor nor College shall be liable for failing to fulfill any obligation under this Contract if such failure is c aused by an event
beyond such party's reasonable control and which is not caused by such party's fault or negligence. Such events shall be limited to acts
of God, acts of war, fires, lightning, floods, epidemics, or riots.
GC-28
REIMBURSABLE EXPENSES FOR NON-EMPLOYEES
Reimbursements of reasonable expenses incurred by certain non-employees such as consultants, speakers, performers, etc. who
perform services for the College will be made based solely upon a written agreement executed before the commencement of such
services. All such reimbursements will be approved by the appropriate authorized signatory before payment will be made. Such
approval indicates that the reimbursement is within limitations of the budget and Board policy.
GC-29
CONTRACT INTERPRETATION
Whenever the singular is used herein, the masculine, feminine and neuter gender shall be deemed to include the others. The headings
of articles, paragraphs and sections in this Contract are included for convenience only and shall not be considered by either party in
construing the meaning of this Contract. If any provision or clause of this Contract shall be held to be invalid, such provision or clause
shall be deleted from the Contract and the Contract shall be construed to give effect to the remaining portions thereof.
This Contract shall be interpreted and construed based upon the following order of precedence of component parts. Such order of
precedence shall govern to resolve all cases of conflict, ambiguity or inconsistency.
1.
2.
3.
Addenda, if any.
Execution Forms
Specification.
Page 20
4.
5.
6.
7.
8.
Special Conditions.
General Conditions.
Instruction to Bidders.
Legal Advertisement.
Bid Proposal.
END OF SECTION
Page 21
CERTIFICATIONS
THE UNDERSIGNED IS CAUTIONED TO CAREFULLY READ THESE CERTIFICATIONS PRIOR TO SIGNING
THE SIGNATURE PAGE. SIGNING THE SIGNATURE PAGE SHALL CONSTITUTE A WARRANTY BY THE
UNDERSIGNED THAT ALL THE STATEMENTS, CERTIFICATIONS AND INFORMATION SET FORTH WITHIN
THESE CERTIFICATIONS ARE TRUE, COMPLETE AND CORRECT AS OF THE DATE THE SIGNATURE PAGE
IS SIGNED. THE UNDERSIGNED IS NOTIFIED THAT IF THE COLLEGE LEARNS THAT ANY OF THE
FOLLOWING CERTIFICATIONS WERE FALSELY MADE, THAT ANY CONTRACT ENTERED INTO WITH THE
UNDERSIGNED SHALL BE SUBJECT TO TERMINATION.
A. Prevailing Wage Act. To the extent required by law, Contractor shall not pay
less than the prevailing wage as established pursuant to an Act Regulating the Wages of
Laborers, Mechanics, and Other Workman employed under Contract for Public Workers
820 ILCS 130/1 et seq.
B. Human Rights Act. To the extent required by law, Contractor shall abide by
the Illinois Human Rights Act, 775 ILCS 10/0.01 et seq.
C. Drug Free Workplace. To the extent required by law, Contractor shall abide
with the requirements of the Drug Free Workplace Act 30 ILCS 580.1 et seq.
D. Sexual Harassment Policy. Contractor represents by the signing of this
Agreement that it has a written sexual harassment policy that is in accordance with 775
ILCS 5/2-105 (A) (4).
E.
Non-debarment. By executing this agreement Contractor certifies that it has
not been debarred from public contracts in the State of Illinois for violating either 33E-3 or
33E-4 of the Public Contracts Act, 720 ILCS 5/33E-1 et seq.
F.
Fair Employment Practice Contractor is in compliance with all State and Federal laws regarding Fair
Employment Practice as well as all rules and regulations.
G. Our company has an Equal Employment Opportunity and Affirmative Action Program which complies
with Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, and the
Rehabilitation Act of 1973.
Yes _______ No _______
ADVICE
MINORITY/WOMAN-OWNED, DISADVANTAGED BUSINESS? YES_____ NO_____. If yes, please attach copy of
certification and advise certification number and expiration date below:
STATE NEGOTIATED BID/ COOPERATIVE AGREEMENT: YES _____ NO _______ Contract No. ___________
Name of Certifying Entity: _________________________________________________________
Certification #: ________________ _____________
Page 22
Expiration Date:
_____
SIGNATURE PAGE
Check One:
 SOLE PROPRIETOR  PARTNERSHIP (and/or JOINT VENTURE)  LIMITED LIABILITY COMPANY
 CORPORATION
The undersigned acknowledges receipt of a full set of Contract Documents and Addenda Numbers
__________________ (None unless indicated here). The undersigned makes the foregoing Bid subject to all of the
terms and conditions of the Contract Documents. The undersigned certifies that all of the foregoing statements of the
Vendor Certifications are true and correct. The undersigned warrants that all of the facts and information submitted by
the undersigned in connection with this Bid are true and correct. Upon award and execution of this Contract by the
College of DuPage Board of Trustees, the undersigned agrees that execution of this Bid shall stand as the
undersigned's execution of this Contract.
BUSINESS NAME:__________________________________________________________________________
BUSINESS ADDRESS:
____________________________________________________________________________________________
BUSINESS TELEPHONE:
FAX NUMBER:
EMAIL ADDRESS:
CELLULAR TELEPHONE NUMBER:
FEIN/SSN:
AUTHORIZED SIGNATURE:
_______
PRINT NAME:
TITLE:
_____________________________________________________________________________________
DATE:
Subscribed to and sworn before me this
day of
, 2014.
My commission expires:
X
Notary Public Signature
*
Notary Seal
Attach hereto a partnership resolution or other document authorizing the individual signing this Signature Page to so sign
on behalf of the Partnership.
**
If the LLC is not registered in the State of Illinois, a copy of a current Certificate of Good Standing from
the state of incorporation must be submitted with this Signature Page.
*** Attach either a certified copy of the by-laws, articles, resolution or other authorization demonstrating such persons to
sign the Signature Page on behalf of the LLC.
***
If the corporation is not registered in the State of Illinois, a copy of the Certificate of Good Standing from the state of
incorporation must be submitted with this Signature Page.
***** In the event that this Signature Page is signed by any persons other than the President and Secretary, attach either a
certified copy of the corporate by-laws, a resolution or other authorization by the corporation, authorizing such persons to
sign the Signature Page on behalf of the corporation.
Page 23