R2021-106 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Kinney Contractors, Inc. for Concrete and Brick Street Rehabilitation, City Project 2021-11

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RETURN WITH BID ' County Macon CONTRACTOR CERTIFICATIONS Local Public Agency City of Decatur Section Number 21-00111-00-RP Route Various Streets The certifications hereinafter made by the bidder are each a material representation of fact upon which reliance is placed should the Department enter into the contract with the bidder. 1. Debt Delinquency.The bidder or contractor or subcontractor, respectively, certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue unless the individual or other entity is contesting, in accordance with ' the procedures established by the appropriate revenue Act, its liability for the tax or the amount of tax. Making a false statement voids the contract and allows the Department to recover all amounts paid to the individual or entity under the contract in a civil action. ' 2. Bid-Rigging or Bid Rotating.The bidder or contractor or subcontractor, respectively,certifies that it is not barred from contracting with the Department by reason of a violation of either 720 ILCS 5/33E-3 or 7201LCS 5/33E-4. A violation of Section 33E-3 would be represented by a conviction of the crime of bid-rigging which, in addition to Class 3 felony sentencing,provides that any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be barred for 5 years from the date of conviction from contracting with any unit of State or local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so ' convicted is no longer employed by the corporation and: (1)it has been finally adjudicated not guilty or(2) if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation. ' A violation of Section 33E-4 would be represented by a conviction of the crime of bid-rotating which, in addition to Class 2 felony sentencing, provides that any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from contracting with any unit of State or ' local government. No corporation shall be barred from contracting with any unit of State or local government as a result of a conviction under this Section of any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1)it has been finally adjudicated not guilty or(2)if it demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offense was neither authorized, ' requested, commanded, nor performed by a director, officer or a high managerial agent in behalf of the corporation. 3. Bribery. The bidder or contractor or subcontractor, respectively, certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or any unit of local government, nor has the firm made an admission of guilt of such conduct which is a matter of record, nor has an official, agent, or employee of the firm committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the firm. 4. Interim Suspension or Suspension.The bidder or contractor or subcontractor, respectively, certifies that it is not currently ' under a suspension as defined in Subpart I of Title 44 Subtitle A Chapter III Part 6 of the Illinois Administrative Code. Furthermore, if suspended prior to completion of this work,the contract or contracts executed for the completion of this work may be cancelled. 1 Printed 3/4/2021 Page 5 of 6 BLR 12200(01/08/14) 1