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This record contains private information, which has been redacted from public viewing.
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Type:
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Ordinance
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Status:
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Passed
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Title:
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Agreement with AECOM Technical Services, Inc. and AECOM Hunt Construction Group, Inc. for design, construction and delivery of City vehicle repair and fueling facilities
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Topic:
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AGREEMENTS - Improvement
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SUBSTITUTE ORDINANCE WHEREAS, the Chicago Department of Fleet and Facility Management ,("2FM") (the "Department") wishes to retain an entity for the purpose of designing and building several facilities ("Design-Build Project"'): and WHEREAS, the Design-Build Project is intended to provide the Department with high-quality replacement facilities for the maintenance and fueling of the City's fleet of vehicles, which maintenance and refueling was formerly conducted primarily at the City's 1685 Throop location; and WHEREAS, the Design-Build Project consists of the construction of the following three facilities: Site 1: Main Heavy-Duty Vehicle Repair Facility Construction of a main heavy-duty vehicle repair and maintenance shop with 2FM administrative offices and dispatch center located at 210 W 69lh Street in the Englewood neighborhood (former Kennedy-King College site); Site 2: Satellite Heavy-Duty Vehicle Repair Facility Construction of a satellite heavy duty vehicle maintenance and repair shop at 4241 N. Neenah Ave.; Site 3: Fuel Station Construction, of a new vehicle fueling station for City vehicles at 1152 N. North Branch Street; and WHEREAS, the Design-Build Project is anticipated to improve 2FM operations, provide new updated facilities and ensure the' ability of 2FM to deliver critical services in an efficient and economic manner, as well as catalyze investment in the Englewood community by leveraging the City's strategy of public infrastructure modernization as a means to provide economic stimulus.; and WHEREAS, the Chicago Infrastructure Trust ("CIT"), on behalf of the City of Chicago ("City"), led the Design-Build Project procurement in coordination with the City and the Department; and WHEREAS, on May 30, 2017, CIT, on behalf of the City, issued a Request for Proposals ("RFP") for the Design-Build Project, and an evaluation committee, composed of, City and CIT employees with expertise in fleet operations and design construction and financing of public facilities, reviewed the credentials, experience, and capacity of all the teams of companies that submitted RFP responses; and WHEREAS, the proposal submitted by AECOM Technical Services, Inc. identifying AECOM Technical Services. Inc. as the Lead Engineering Firm and Hunt Construction Group. Inc an indirect, wholly owned subsidiary of AECOM Technical Services. Inc., as the Lead Contractor ("AECOM"), received the highest overall rating among the submitted proposals, and AECOM was unanimously selected to move to a final selection phase which required AECOM to produce Design Development Phase Documents pursuant to the RFP requirements and an Acknowledgment letter executed by AECOM on September 1, 2017; and WHEREAS, AECOM's Design Development Phase Documents were developed in collaboration with, and oversight by, senior 2FM staff with expertise in fleet operations, facility design, and construction management, and were approved and accepted by the 2FM Commissioner; and WHEREAS, the Department and AECOM have agreed to the terms and the guaranteed maximum price for the Design-Build Project, which are reflected in the Design-Build Project agreement with Hunt Construction Group, Inc. which is attached hereto as Exhibit A ("Design-Build Project Agreement"); and WHEREAS, the Design-Build Project Agreement authorizes the 2FM Commissioner to make payment for design services and the Design Development Phase Documents previously completed by AECOM under the Acknowledgement and to issue a notice to proceed on the construction ofthe Design-Build Project, all subject to appropriation of all required funds; and WHEREAS, the Department wishes for the City Council to authorize the Commissioner of 2FM to finalize and enter into such Design-Build Project Agreement. NOW THEREFORE, it is ordained by the City Council ofthe City as follows: The recitals are incorporated herein. The Commissioner of 2FM is authorized to finalize and enter into a Design-Build Project Agreement, in substantially the form attached hereto as Exhibit A, with such other terms as determined by the 2FM Commissioner, provided that they are favorable to the City, and, subject to approval of the corporation counsel as to form and legality and also subject to the availability of duly appropriated funds, to execute such Design-Build Project Agreement, amendments, change orders, or term extensions as may be necessary or appropriate. This ordinance is effective upon its passage and approval. Exhibit A Design-Build Project Agreement Contract (PO) No. 68539 Specification No. 611788 DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF CHICAGO DEPARTMENT OF FLEET & FACILITY MANAGEMENT AND Hunt Construction Group Inc. (A subsidiary of AECOM Technical Services Inc.) REPLACEMENT FACILITIES FOR 2FM OPERATIONS -RELOCATED FROM1685 N. THROOP STREET MAIN HEAVY-DUTY VEHICLE REPAIR FACILITY 210 W. 69th STREET SATELLITE HEAVY DUTY VEHICLE REPAIR FACILITY - 4241 N. NEENAH AVE. CITY OF CHICAGO FUELING STATION -1152 N. NORTH BRANCH ST. RAHM EMANUEL MAYOR City Funded David J. Reynolds Commissioner DESIGN-BUILD AGREEMENT BETWEEN CITY OF CHICAGO AND DESIGN-BUILDER TABLE OF ARTICLES ARTICLE 1. AGREEMENT ARTICLE 2. GENERAL PROVISIONS ARTICLE 3. DESIGN-BUILDER'S RESPONSIBILITIES ARTICLE 4. CITY'S RESPONSBIL1TIES ARTICLE 5. SUBCONTRACTS ARTICLE 6. TIME ARTICLE 7. COMPENSATION[OMITTED] ARTICLE 8. COST OF THE WORK ARTICLE 9. CHANGES IN THE WORK ARTICLE 10. PAYMENT FOR SERVICES AR TICLE 11. INDEMNITY, INSURANCE, BONDS, AND WAIVER OF SUBROGATION ARTICLE 12. SUSPENSION AND TERMINATION OF THE AGREEMENT AND CITY'S RIGHT TO PERFORM DESIGN-BUILDER'S RESPONSIBILIIES ARTICLE 13. DISPU TE RESOLUTION ARTICLE 14. MISCELLANEOUS PROVISIONS ARTICLE 15. EXISTING CONTRACT DOCUMENTS EXHIBITS EXHIBIT 1 PROJECT PROGRAM EXHIBIT 2 REQUEST FOR PROPOSALS [INCORPORATED BY REFERNCE] EXHIBIT 3 ACKNOWLEDGMENT EXHIBIT 4 DESIGN DOCUMENTS/SPECIFICATIONS EXHIBIT 5 BOOK 1 - CITY'S STANDARD TERMS AND CONDITIONS FOR DESIGN AND CONSTRUCTION EXHIBIT 6 PROJECT SCHEDULE EXHIBIT 7 GUARANTEED MAXIMUM PRICE EXHIBIT 8 CASHFLOW EXHIBIT 9 KEY PERSONNEL EXHIBIT 10 INSURANCE REQUIREMENTS AND CERTIFICATE EXHIBIT 11 BONDING REQUIREMENTS AND FORMS EXHIBIT 12 SPECIAL CONDITIONS REGARDING MBE/WBE COMMITMENT AND SCHEDULES EXHIBIT 13 ONLINE ECONOMIC DISCLOSURE AFFIDAVIT EXHIBIT 14 DESIGN-BUILDER'S AFFIDAVIT REGARDING REMOVAL OF ALL WASTE MATERIALS AND IDENTIFICATION LEGAL DUMP SITES EXHIBIT 15 MINORITY AND FEMALE UTILIZATION COMMITMENTS EXHIBIT 16 DESIGN SERVICES RATE SCHEDULE EXHIBIT 17 DESIGN SERVICES COMPLETED PRIOR TO EXECUTION EXHIBIT 18 GENERAL CONDITIONS RATE SCHEDULE ARTICLE 1 AGREEMENT This Agreement is entered into as of the day of , 2018 ("Effective Date") by and between Hunt Construction Group Inc. a L_ corporation, (a subsidiary of AECOM Technical Services, Inc). ("Design-Builder"), and the City of Chicago ("the City") (each a "Party" and collectively the "Parties), a municipal corporation and home rule unit of local government existing under the Constitution of the State of Illinois, acting through its Department of Fleet and Facility Management ("2FM"), at Chicago, Illinois. BACKGROUND WHEREAS, on May 30, 2017, the Chicago Infrastructure Trust, on behalf of the City, issued a Request for Proposal ("RFP") for the development of three City facilities to relocate 2FM operations previously located at 1685 N. Throop Street ("Project"); WHEREAS, the Project consists ofthe following: Site 1: Main Heavy-Duty Vehicle Repair Facility Construction of a new heavy-duty vehicle repair shop at 210 W. 69th Street, in the Englewood neighborhood (former Kennedy King College site); Site 2: Satellite Heavy-Duty Vehicle Repair Facility Construction of a new satellite heavy-duty vehicle repair shop at 4241 N. Neenah Ave.; Site 3: Fuel Station Construction of a new City vehicle fueling station at 1 152 N. North Branch Street; The City's Project requirements are set forth more fully in Exhibit 1 (the Project Program) and Exhibit 4 (Design Documents/Specifications). References to "Project" may refer to all three sites and Work, thereon or to a specific site, as the context indicates. WHEREAS, the proposal submitted by AECOM Technical Services, Inc.('ATS'), in which Design-Builder was listed as the Lead Contractor, and ATS the Engineering Firm, received the highest overall rating among all proposals, and the AECOM team was selected to move to the final selection phase which required ATS,, to produce Design Development Phase Documents as specified in the RFP, and further defined within an Acknowledgment executed by ATS. on September 1, 2017, attached hereto as Exhibit 3; WHEREAS, such Design Development Phase Documents were approved and accepted by the Commissioner and were created in accordance with the terms ofthe RFP and Acknowledgment and are attached as Exhibit 4; WHEREAS, the Parties have agreed that Design-Builder shall furnish all further services, including the design documents, materials, equipment, tools, supervision and labor as necessary or reasonably inferable to complete the.Project, or any phase ofthe Project, in accordance with the City's requirements and the terms of this Agreement; WHEREAS, the City Council passed an ordinance on , 2018, published at pages through in the Journal of Proceedings of the City Council of such date, authorizing the Commissioner of the 2FM to negotiate and execute this Agreement on behalf of the City. NOW, THEREFORE, for and in consideration of the terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 2 GENERAL PROVISIONS INCORPORATION OF RECITALS. The recitals are incorporated herein. RELATIONSHIP. The City and the Design-Builder agree to proceed with the Project on the basis of trust, good faith and fair dealing and shall take all actions reasonably necessary to perform this Agreement in an economical and timely manner, including consideration of design modifications and alternative materials or equipment that will permit the Work to be constructed within the Guaranteed Maximum Price (GMP) and by the Dates of Substantial Completion and Final Completion. The Design-Builder agrees to procure or furnish, as permitted by the laws of Illinois, the Design Services and Construction Services as set forth below. The Design-Builder represents that it is an independent contractor and that it is familiar with the type of work it is undertaking. Neither the Design-Builder nor any of its agents or employees shall act on behalf of or in the name ofthe City. The City and the Design-Builder shall perform their obligations with integrity, ensuring at a minimum that: Conflicts of interest shall be avoided, disclosed promptly to the other Party and resolved promptly upon disclosure; and The Design-Builder and the City warrant that they have not and shall not pay nor receive any contingent fees or gratuities to or from the other Party, including their agents, officers and employees, Subcontractors or others for whom they may be liable, to secure preferential treatment. 2.03 ARCHITECT/ENGINEER Architectural and engineering services shall be procured from licensed, independent design professionals retained by the Design-Builder or furnished by licensed employees ofthe Design-Builder or its subcontractor AECOM Technical Services, Inc., as permitted by the law ofthe State of Illinois. The person or entity providing architectural and engineering services shall be referred to as the Architect/Engineer. If the Architect/Engineer is an independent design professional, the architectural and engineering services shall be procured pursuant to a separate agreement between the Design-Builder and the Architect/Engineer. The Architect/Engineer for the Project is AECOM Technical Services, Inc., a subcontractor to Design-Builder. Design-Builder is an indirect, wholly owned subsidiary of AECOM Technical Services, Inc. . EXTENT OF AGREEMENT This Agreement is solely for the benefit ofthe Parties, represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations or agreements, either written or oral. The City and the Design-Builder agree to look solely to each other with respect to the performance of the Agreement. The Agreement and each and every provision are for the exclusive benefit of the City and the Design-Builder and not for the benefit ofany third party or any third party beneficiary except to the extent expressly provided in the Agreement. DEFINITIONS The Contract Documents, in order of precedence, consist of: Change Orders and written amendments to this Agreement signed by both the City and the Design-Builder; this Agreement excluding exhibits; the exhibits (other than those exhibits listed in e. below) and appendices to this Agreement; the information provided by the City pursuant to Clause 4.1.2.1; the Contract Documents in existence at the time of execution of this Agreement which are set forth in Article 15; and the City's Program and any further information provided pursuant to Subparagraph 4.1.1. Order of Precedence. In case of conflict or inconsistency, the order of precedence ofthe Contract Documents is as follows: the documents shall govern in the order in which they are listed above with each listed document(s) superseding in the event of any conflicting or inconsistent provision in a later listed document. "Construction Services" or "Construction Phase" means all services provide hereunder, excluding the Design Services. "Cost of the Work" means the following costs necessarily and actually incurred by Design-Builder in the proper performance ofthe Work: costs for Design Services direct trade costs, materials , General Conditions Costs, General Requirements Costs, and Soft Costs. To the extent Contingency is used by Design-Builder, such amounts will be considered Cost ofthe Work and be categorized and paid accordingly. Cost ofthe Work is generally outlined in Article 8 and expressly set forth in Exhibit 7. Cost ofthe Work does not include any costs otherwise excluded by the Contract Documents or expressly required by the Contract Documents to be provided by Design-Builder at no additional cost to the City. "Day" means calendar day. unless otherwise specifically defined. "Defective Work" is any portion ofthe Work not in conformance with the Contract Documents. "Deliverables" means any and all documents, including but not limited to Design Documents and any plans, Specifications, drawings, surveys, shop drawings, and reports prepared by the Design-Builder. "Design-Builder's Contingency" or "Contingency" means the amount of funds , which may be accessed and used by Design-Builder in accordance with Section 3.2.3. "Design-Builder's Fee" or "Fee" means a fixed percentage mark-up equal to three percent (3%) applied to the Cost of Work specified in Article 8. "Design Development Phase" means the final segment of the RFP selection process during which the Design-Builder, by itself or through AECOM Technical Services, Inc., provided the Design Development Phase Documents pursuant to the RFP and Acknowledgement. "Design Development Phase Documents" means the documents prepared by Design-Builder, by itself or through AECOM Technical Services, Inc., during the Design Development Phase and incorporated herein, including the Specifications, and any plans or drawings, all as prepared under the standards of performance specified herein. "Design Documents" means the Design Development Phase Documents and any plans, Specifications, reports or drawings created after the Effective Date. "Design Services" means all design services provided by Design-Builder, by itself or through AECOM Technical Services, Inc., including creation of any plans, specifications, or drawings created during the Design Development Phase or thereafter, design work to complete permit, bid, and construction documents, construction administration services provided by architects and engineers, as more fully specified in Article 8. "Fast-track" means accelerated scheduling which involves commencing construction prior to the completion of drawings and specifications and then using means such as bid packages and efficient coordination to compress the overall schedule. "Final Completion" or "Date of Final Completion" means the date when the Design-Builder's obligations under this Agreement are complete and accepted by the City and the final payment becomes due and payable in accordance with the terms herein. "General Conditions Costs" or "General Conditions" means (i) the wages and salaries of personnel in the direct employ of Design-Builder whose duties are primarily or exclusively devoted to overseeing and coordinating Project construction activities and expenses directly related thereto, as more fully specified in Article 8. "General Requirements Costs"' or "General Requirements" means costs and expenses incurred by Design-Builder in order to maintain the Worksite. Such costs and expenses are more fully specified in Article 8. "Guaranteed Maximum Price" or "GMP" means the amount proposed by the Design-Builder and accepted by the City as the maximum cost to the City for completion of the Project in accordance with the Contract Documents. The GMP is described more fully in Exhibit 7. "Material Supplier" means a party or entity retained by the Design-Builder to provide material and/or equipment for the Work. "Others" means other contractors and all persons at the Worksite who are not employed by Design-Builder, its Subcontractors or Material Suppliers. "Program" is an initial description of the City's objectives that may include budget and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. The City's Program is described in more detail in Exhibit 1, Project Program. "Project" means, as identified in Article 1, the buildings, facilities or other improvements for which the Design-Builder is to perform the services or Work under this Agreement. "Project Schedule" The Project Schedule is attached hereto as Exhibit 6. "Schedule of the Work" "Time" and "Contract Time" refer to the Schedule in Exhibit 6, as may be amended. "Punch List" means a list of items for Design-Builder to complete pertaining to a given Worksite as agreed to by the Parties in the Certificate of Substantial Completion for the relevant Worksite. "Soft Costs" means costs incurred for insurance, performance bonds and similar costs, as more fully specified in Article 8. "Specifications" means the written requirements for materials and equipment to be used in the Work. "Subcontractor" is a party or entity retained by the Design-Builder as an independent contractor to provide the onsite labor, materials, equipment or services necessary to complete a specific portion of the work. The term Subcontractor does not include the Architect/Engineer or any separate contractor employed by the City or any separate contractor's subcontractor. "Substantial Completion" or "Date of Substantial Completion" means the date when the Design-Builder's obligations in relation to the Work, or of a designated portion ofthe Work, are sufficiently complete in accordance with the Contract Documents, subject to the approval ofthe City, not to be unreasonably withheld, so that the City may occupy or utilize the Project, or a designated portion of the Project, for the use for which it is intended, in accordance with Section 10.4. The issuance of a Certificate of Occupancy is not a prerequisite for Substantial Completion if the Certificate of Occupancy cannot be obtained due to factors beyond the Design-Builder's control. This date shall be confirmed by a Certificate of Substantial Completion signed by the City and the Design-Builder. The Certificate shall state the respective responsibilities ofthe City and the Design-Builder for security, maintenance, heat, utilities, or damage to the Work, and insurance. The Certificate shall also establish a Punch List of items to be completed or corrected, and establish the time for their completion and correction, within the time frame, if any, established for the date of Final Completion. "Sub-subcontractor" is a party or entity who has an agreement with a Subcontractor to perform any portion of the Subcontractor's work. "Terrorism" means a violent act, or an act that is dangerous to human life, property or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States Secretary of Treasury as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. "Warranty Commencement Date" means, with respect to each Worksite, the date on which the Punch List for a particular Worksite has been completed, and the Commissioner or designee has accepted the work and agreed to take ownership ofthe relevant Worksite. This date shall be confirmed by a site specific Certificate of Warranty Commencement Date and signed by the City and the Design-Builder, signatures shall not be unreasonably withheld. "Work" means the work and services performed to bring the Project to completion. "Worksite" means the location of the Project, and, as the context dictates, may refer collectively to all Sites or specifically to Site 1, Site 2, or Site 3 (as identified in the Recitals), as the case may be. ARTICLE 3 DESIGN-BUILDER'S RESPONSIBILITIES The Design-Builder has overall responsibility for and shall provide complete Design Services and Construction Services and furnish all design services, materials, equipment, tools and labor as necessary or reasonably inferable to complete the Project, or any phase of the Project, in accordance with the City's requirements and the terms of this Agreement. The Design-Builder shall be responsible for procuring or furnishing the design and for the construction ofthe Project consistent with the City's Program, as such Program may be modified by the City during the course ofthe Project. The Design-Builder shall exercise reasonable skill and judgment in the performance of its services consistent with the team relationship described in Paragraph 2.1, but does not warrant nor guarantee schedules and estimates other than those that are part ofthe Project Schedule (Exhibit 6) or GMP (Exhibit 7), as those may be amended from time to time. The Design-Builder shall at all times comply in letter and spirit with, and demonstrate good faith efforts to achieve, affirmative action goals ofthe City, as those goals may be set forth in the Special Conditions Regarding MBE and WBE Commitment of Exhibit 12, attached hereto and incorporated by reference herein, and in any other terms and provisions of this Agreement. 3.01 DESIGN SERVICES WORK COMPLETED PRIOR TO CONTRACT AWARD As part ofthe selection process for award of this Agreement, Design-Builder, by itself or through AECOM Technical Services, Inc., performed a Design Development Phase in which it completed all or a portion of the Design Services described in Subparagraphs 3.1.1 to 3.1.8. Such portion ofthe Design Services was completed in conformance with the standard of care under the Acknowledgement, attached as Exhibit 3, and the Standard of Care in Section 3.2.5 hereof. The elements of such Design Services completed prior to award of this Agreement are listed in Exhibit 17. The Design Documents completed prior to award are attached in Exhibit 4 and incorporated herein and made subject to the terms of this Agreement. ENVIRONMENTAL AND SUSTAINABILITY CONSIDERATIONS / As part of the Design Services, the Design-Builder is responsible for ensuring Project design incorporates green, energy efficient, and sustainable building systems and materials and utilizes construction best practices as well as achieve basic LEED Certification, where applicable, or equivalent certifications for similar use type. PRELIMINARY EVALUATION As part ofthe Design Services, the Design-Builder is responsible for performing a preliminary evaluation of each portion of the Project, including reviewing all the information provided by the City in the RFP, including the reports and surveys provided the RFP, and the City's Program to ascertain the requirements of the Project and shall verify such requirements with the City. The Design-Builder's review must also provide to the City a preliminary evaluation of the site with regard to utilities, soil conditions (both environmental and geotechnical), access, traffic, drainage, parking, building placement and other considerations affecting the building, the environment and energy use, as well as information regarding applicable governmental laws, regulations and requirements. PRELIMINARY SCHEDULE As part ofthe Design Services, the Design-Builder is responsible for preparing a preliminary schedule for each portion ofthe Project. PRELIMINARY ESTIMATES As part ofthe Design Services, the Design-Builder is responsible for preparing and finalizing preliminary estimates for each ofthe three facilities included as part of the Project, including for any change in scope during construction. SCHEMATIC DESIGN DOCUMENTS As part ofthe Design Services, the Design-Builder is responsible for preparing and finalizing Schematic Design Documents for the City's written approval, based on the agreed upon Preliminary Evaluation, for each ofthe three facilities included as part ofthe Project, including for any change in scope during construction. Schematic Design Documents include drawings, outline specifications and other conceptual documents illustrating the Project's basic elements, scale, and their relationship to the Worksites. Two sets (full size) of these documents must be furnished to the City for each ofthe three facilities included as part ofthe Project. PLANNING PERMITS As part ofthe Design Services, the Design-Builder is responsible for obtaining all planning permits and shall be exempt from paying for any planning permits and City inspection fees necessary for the construction ofthe Project. DESIGN DOCUMENTS As part ofthe Design Services, the Design-Builder is responsible for preparing Design Documents based on the approved Schematic Design Documents for each of the three facilities included as part of the Project. The Design Documents shall further defined the Project including drawings and outline specifications fixing and describing the Project size and character as to site utilization, and other appropriate elements incorporating the structural, architectural, mechanical and electrical systems. Two sets (full size) of these documents must be furnished to the City for each of the three facilities included as part of the Project. CONSTRUCTION DOCUMENTS The Design-Builder shall submit for the City's written approval Construction Documents based on the approved Design Documents for each of the three facilities included as part ofthe Project. The Construction Documents shall set forth in detail the requirements for construction ofthe Work, and shall consist of drawings and specifications based upon local, State and Federal codes, laws and regulations enacted at the time of their preparation and Construction of the Project. When the Design-Builder submits the Construction Documents, the Design-Builder shall identify in writing any and all material changes and deviations that have taken place from the Design Documents. Construction shall be in accordance with these approved Construction Documents. Two sets (full size) of these documents shall be furnished to the City prior to commencement of construction for each of the three facilities included as part of the Project. 3.1.8 OWNERSHIP OF DOCUMENTS OWNERSHIP OF DRAWINGS AND DOCUMENTS Upon payment by the City of any invoice covering costs for the creation of Deliverables by Design-Builder or any entity operating under subcontract with Design-Builder, such Deliverables become property ofthe City, including all copyright therein as specified in Section 3.1.8.2 below, but excluding all other intellectual property Design-Builder used in creating the Deliverables. During performance of the Work, Design-Builder is responsible for any loss or damage to the Deliverables, data, findings or information while in Design-Builder's or any Subcontractor's possession. Any such lost or damaged Deliverables, data, findings or information must be restored at the expense ofthe Design-Builder. If not restorable, Design-Builder must bear the cost of replacement and ofany loss suffered by the City. COPYRIGHT Design-Builder and the City agree that, to the extent permitted by law, the Deliverables to be produced by Design-Builder at the City's instance and expense under this Agreement are conclusively considered "works made for hire" within the meaning and purview of Section 101 ofthe United States Copyright Act, 17 U.S.C. § 101 et seq and that upon payment by the City of any invoice covering costs for the creation of Deliverables by Design-Builder or any entity operating under subcontract with Design-Builder, the City will be the sole copyright owner of such Deliverables covered by the invoice paid and of all aspects, elements and components of them in which copyright can subsist, and of all rights to apply for copyright registration or prosecute any claim of infringement. Notwithstanding anything in this Agreement to the contrary, Design-Builder shall be entitled to retain one copy of all Deliverables for record keeping purposes. To the extent that any Deliverable does not qualify as a "work made for hire," and upon payment by the City of any invoice covering costs for the creation of Deliverables by Design-Builder or any entity operating under subcontract with Design-Builder, Design-Builder irrevocably grants, conveys, bargains, sells, assigns, transfers and delivers to the City, its successors and assigns, all right, title and interest in and to the copyrights and all U.S. and foreign copyright registrations, copyright applications and copyright renewals for them, pertaining to the Deliverables covered by the invoice paid, free and clear of any liens, claims, or other encumbrances, to the fullest extent permitted by law. Design-Builder will, and will cause all of its subconsultants and Subcontractors, employees, agents and other persons within its control to execute all documents and perform all acts that the City may reasonably request in order to assist the City in perfecting its rights in and to the copyrights relating to the Deliverables, at the sole expense ofthe City. Design-Builder warrants to the City, its successors and assigns, that on the date of transfer Design-Builder is the lawful owner of good and marketable title in and to the copyrights for the Deliverables and has the legal rights to fully assign them. Design-Builder further warrants that it has not assigned and will not assign any copyrights and that it has not granted and will not grant any licenses, exclusive or non-exclusive, to any other party, and that it is not a party to any other agreements or subject to any other restrictions with respect to the Deliverables. Design-Builder warrants and represents that the Deliverables are complete, entire and comprehensive, and that the Deliverables constitute a work of original authorship. USE OF DELIVERABLES IN EVENT OF TERMINATION In the event of a termination of this Agreement pursuant to Article 12, the City shall have the right to use, to reproduce, and to make derivative works of the Deliverables to complete the Project, to the extent there has been a transfer of copyright under Subparagraph 3.1.8.2-3. Design-Builder shall not be responsible for any design services performed or deliverables created by another architect/engineer after that date of such termination. CITY'S USE OF DELIVERABLES AFTER COMPLETION OF PROJECT As owner ofthe Deliverables and copyright subsisting therein, the City may reuse, reproduce or make derivative works from the Deliverables. 3.02 GUARANTEED MAXIMUM PRICE (GMP) 3.2.1 GMP The Parties have established a GMP for the Project as detailed in Exhibit 7. The GMP is subject to modification as provided in Article 9. The Design-Builder does not guarantee any specific line item provided as part ofthe GMP. but agrees that it will be responsible for paying all costs of completing the Project that exceed the GMP. as adjusted in accordance with this Agreement. 3.2.2 BASIS OF GUARANTEED MAXIMUM PRICE The Design-Builder has included with the GMP Proposal a written statement of its basis, which includes: a list ofthe drawings and specifications, including all addenda, which were used in preparation of the GMP Proposal; a list of allowances and a statement of their basis;. a list of the assumptions and clarifications made by the Design-Builder in the preparation ofthe GMP Proposal to supplement the information contained in the drawings and specifications; the Date of Substantial Completion or the Date of Final Completion upon which the proposed GMP is based, and the Schedule of Work upon which the Date of Substantial Completion or the Date of Final Completion is based; a schedule of applicable alternate prices; a schedule of applicable unit prices; the Design-Builder's Contingency as provided in Subparagraph 3.2.3; a statement of any work to be self-performed by the Design-Builder; and a statement identifying all patented or copyrighted materials, methods or systems selected by the Design-Builder and incorporated in the Project that are likely to require the payment of royalties or license fees. 3.2.3 CONTINGENCY ALLOWANCE The GMP includes a Contingency allowance, mutually agreed upon and monitored by the Design-Builder and the City, to cover unforeseen costs that are necessary for the completion ofthe Project. Contingency expenditures of less than $50,000 per issue shall be at the sole discretion of Design-Builder. For circumstances requiring an expenditure of Contingency funds of $50,000 or more per issue, Design-Builder must obtain written approval from the City prior to expenditure. City approval may not be unreasonably withheld. The Design-Builder shall provide the City weekly reports itemizing and documenting all draws from the Project Contingency. Contingency funds shall not be used for anything that would be the basis for an increase in the GMP without prior written City approval. CITY USE OF CONTINGENCY At a mutually agreed upon construction schedule milestone, the Design-Builder and the City, may mutually agree that a portion ofthe remaining Contingency balance may be "borrowed" against, by the City, for City-directed additions to base Project scope ("Add-Alternate Work"). The intent is to maintain a running Contingency balance that is not less than 3% ofthe total Balance to Finish amount listed within the most recently approved progress payment application. Any Contingency funds in excess of 3% of latest Balance to Finish may be considered for.Add-Alternate Work. The Design-Builder shall be entitled to two mark-ups to the cost ofany City directed Add-Alternate Work; 10% for overhead and 5% for profit. All Contingency funded Add-Alternate Work will be authorized through an executed written Change Order that documents the scope and cost ofthe work but does not increase the GMP. If at any time during the construction process, the total cost of all City-directed Add-Alternate Work exceeds the final remaining Contingency balance, the City will issue a Change Order that increases the GMP by the amount equal to unfunded balance owed. If the final remaining Contingency balance is in excess ofthe total cost of all City-directed Add-Alternate Work, as part of the City's final payment, the Design-Builder shall be entitled to 50% of any remaining unused Contingency funds. The other 50% of remaining unused Contingency funds shall be credited to the City, which shall be documented as a reduction to the final GMP. 3.2.4 COST REPORTING The Design-Builder shall keep such full and detailed accounts as are necessary for proper financial management under this Agreement. The Design-Builder shall maintain a complete set of all books and records prepared or used by the Design-Builder with respect to each portion of the Project, including all Subcontractor bidding documents and Design-Builder's bid analysis. The Design-Builder's records supporting its performance and billings under this Agreement shall be current, complete and accurate and maintained according to generally accepted accounting principles. The City shall be afforded reasonable access during normal business hours and as necessary to all the Design-Builder's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Agreement. The Design-Builder shall present all such records for a period of seven years after the final payment or longer where required by law. The Design-Builder acknowledges that it was afforded unrestricted access to the existing improvements and conditions on the Project sites and it has thoroughly investigated the conditions as well as thoroughly reviewed all relevant documentation provided by the City relating to the site conditions. The results of Design-Builder's investigation and review of existing documentation have been taken into account in establishing the Guaranteed Maximum Price. If Design-Builder encounters conditions at the Worksite that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, Design-Builder shall promptly provide notice to the City before conditions are disturbed and in no event later than 14 days after first observance ofthe conditions. If the conditions encountered are materially different, the Contract Time and GMP shall be equitably adjusted through a Change Order. Before proceeding with the Construction Services, the Design-Builder shall review the drawings, specifications and other Construction Documents and notify the City ofany errors, omissions or discrepancies in the documents of which it is aware. Design-Builder is responsible for discovering and correcting any error, omission, conflict, inconsistency or lack of clarity, in the Construction Documents prepared by Design-Builder or its Project Architect. Design-Builder shall be responsible for all costs, including the cost of redoing or remedying the Work and time delays, resulting from any error or omission in the Contract Documents. 3.03 CONSTRUCTION SERVICES 3.3.1 The Construction Services will commence upon the issuance by the City of a written notice to proceed with construction, fhe City shall not grant the Design-Builder a notice to proceed with construction until such time that a complete M/WBE Compliance Plan for the Project has been submitted to, and approved by, the City. All Construction Services shall be performed in accordance with the City's Standard Terms and Conditions for Construction, attached as Exhibit 5 and incorporated by reference iherein, unless otherwise superseded by the established Order of Precedence. In order to complete the Work, the Design-Builder shall provide all necessary construction full-time supervision, inspection, construction equipment, labor, materials, tools and subcontracted items. The Design-Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution ofthe Agreement and thereafter that govern the proper performance of the Work. The Design-Builder shall obtain the building permits necessary for the construction of the Project. Project construction activities will be exempt from City of Chicago building permit and street closure fees; however, all Work must still abide by all City permitting processes and requirements. The City will furnish Design-Builder with appropriate fee waiver ordinance, upon request. The Design-Builder shall provide periodic written reports to the City on the progress of the Work in such detail as is required by the City and as agreed to by the City and the Design-Builder. The Design-Builder shall develop a system of cost reporting for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. The reports shall be inclusive of the Design Services and Third-Party Reimbursable costs incurred prior to award. Such reports must be presented to the City at mutually agreeable intervals. The Design-Builder shall regularly remove and legally dispose debris and waste materials at the Worksite resulting from the Work. Prior to discontinuing Work in an area, the Design-Builder shall clean the area, keep the area safe, and remove all rubbish and its construction equipment, tools, machinery, waste and surplus materials. The Design-Builder shall minimize and confine dust and debris resulting from construction activities. At the completion of the Work, the Design-Builder shall remove from the Worksite all construction equipment, tools, surplus materials, and legally dispose of waste materials and debris. fhe Design-Builder shall prepare and submit to the City final marked-up as-built drawings, any modelings, and updated electronic data in general documenting how the various elements ofthe Work including changes were actually constructed or installed. 3.04 CONSTRUCTION MEANS AND METHODS Design-Builder is solely responsible for the means, methods, techniques, sequences and procedures of construction within the parameters set forth by this Agreement. Nothing in this Section 3.4 shall be deemed to limit the Design-Builder's obligations to provide the City access to all Work as provided in other Sections of this Agreement, nor shall the City's observation ofthe Work be construed to relieve the Design-Builder of its obligation to correct Defective Work if defects are discovered after an observation. 3.05 SCHEDULE OF THE WORK The Design-Builder shall prepare and submit a Schedule of Work for the City's acceptance and written approval as to milestone dates, in conformance with Exhibit 6, within ten (10) days of receipt of the notice to proceed. This schedule shall indicate the dates for the start and completion of the various stages ofthe Work, including the dates when information and approvals are required from the City. The Schedule of Work may only be revised pursuant to Article 9 or via a Contract Modification as required by the conditions of the Work and subject to the written approval of the City. Procedures for Contract Modifications are in Book 1. Baseline Schedule of Work. The baseline Schedule of Work shall be in the format of a critical path method precedence diagram (both bar chart and graphic network formats). The City will review the baseline Schedule of Work and provide comments regarding the logic, sequence, duration of work activities or level of detail ofthe number, description and/or division of work activities. The Design-Builder shall have ten (10) days from the receipt of the City's comments to revise and resubmit the baseline Schedule. Upon acceptance ofthe baseline Schedule, the Design-Builder shall commence to perform the Work in accordance with the accepted Schedule. The City's acceptance ofthe Schedule of Work shall in no way limit or otherwise attenuate the Design-Builder's complete responsibility and liability for the accuracy and reasonableness of the Schedule of Work. The City will have no obligation to process or issue any request for payment during the Construction Phase of the Work without an accepted Schedule of Work. Progress Schedules. Each month during the term of this Agreement, the Design-Builder shall submit a Progress Schedule demonstrating the progress ofthe Work. A Progress Schedule must be submitted with each request for payment, and the data contained in the Progress Schedule must coincide with the information stated in the request for payment. Each Progress Schedule must accurately reflect the actual progress ofthe Work, as well as any revisions to the logic, sequence, durations of work activities or level of detail ofthe number, description or division ofthe Work activities. The City may refrain from processing a request for payment or issuing payment if the Design-Builder fails to provide an accurate Progress Schedule with the request for payment. Changes to the Schedule of the Work. If a Progress Schedule indicates that the achievement of a contract milestone or completion of the Work is not within the parameters established by the baseline Schedule of Work, the Design-Builder must submit a recovery plan that will restore the parameters ofthe baseline Schedule within 48 hours. In the event that the Design-Builder believes that a change to the baseline Schedule of Work is required, the Design-Builder shall request such a change pursuant to the requirements of Article 9 of this Agreement. 3.06 SAFETY OF PERSONS AND PROPERTY 3.6.1 SAFETY PRECAUTIONS AND PROGRAMS The Design-Builder shall have overall responsibility for safety precautions and programs in the performance ofthe Work. While the provisions of this Paragraph establish the responsibility for safety between the City and the Design-Builder, they do not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with the provisions of applicable laws and regulations. 3.6.2 The Design-Builder shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect: its employees and other persons at the Worksite, including City personnel and City consultants; materials, supplies and equipment stored at the Worksite for use in performance of the Work; and the Project and all property located at the Worksite and adjacent to work areas, whether or not said property or structures are part of the Project or involved in the Work. DESIGN-BUILDER'S SAFETY REPRESENTATIVE The Design-Builder shall designate an individual at the Worksite in the employ ofthe Design-Builder who shall act as the Design-Builder's designated safety representative with a duty to prevent accidents. The Design-Builder will report immediately in writing all accidents and injuries occurring at the Worksite to the City. When the Design-Builder is required to file an accident report with a public authority, the Design-Builder shall furnish a copy ofthe report to the City. The Design-Builder shall provide the City with copies of all notices required ofthe Design-Builder by law or regulation. The Design-Builder's safety program shall comply with the requirements of all governmental authorities having jurisdiction over the Work. The Design-Builder shall at all times keep a copy of the safety manual on site. Damage or loss not insured under property insurance which may arise from the performance ofthe Work, to the extent of the negligence attributed to'such acts or omissions of the Design-Builder, or anyone for whose acts the Design-Builder may be liable, or any third parly, shall be promptly remedied by the Design-Builder. Damage or loss attributable to the acts or omissions of the City and not to the Design-Builder shall be promptly remedied by the City; provided, however, that the City may direct the Design-Builder to remedy such damage or loss, and the City shall pay for such remedy as a Cost of the Work. If the City deems any part of the Work or Worksite unsafe, the City, without assuming responsibility for the Design-Builder's safety program, may require the Design-Builder to stop performance of the Work or take corrective measures satisfactory to the City, or both. If the Design-Builder does not adopt corrective measures, the City may perform them and reduce by the costs ofthe corrective measures the amount ofthe GMP, or in the absence of a GMP, the Cost ofthe Work as-provided in Article 8. The Design-Builder agrees to make no claim for damages, for an increase in the GMP, compensation for Design Phase services, the Design-Builder's Fee or the Date of Substantial Completion or the Date of Final Completion based on the Design-Builder's compliance with the City's reasonable request. SECURITY Design-Builder shall provide security for the Worksites at all times when under the control of Design-Builder. The terms of this Paragraph 3.6 shall survive the completion ofthe Work under this Agreement or any termination of this Agreement. 3.07 HAZARDOUS MATERIALS 3.7.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal or clean-up. 3.7.2. If, after the commencement of the Work, Hazardous Material is discovered at the Project Worksite, then the Design-Builder must immediately stop Work in the affected area. The Design-Builder shall immediately report the condition to the City and, if required, the government agency with jurisdiction. The Design-Builder shall not be required to perforin any Work relating to or in the area of Hazardous Material without written mutual agreement. The City shall be responsible for retaining an independent testing laboratory to determine the nature ofthe material encountered and whether it is a Hazardous Material requiring corrective measures or remedial action. Such corrective measures or remedial action shall be the sole responsibility of the City. The Design-Builder shall resume Work in the area affected by any Hazardous Material without delay upon written agreement between the Parties after the Hazardous Material has been removed or rendered harmless and only after approval, if necessary, of the governmental agency or agencies with jurisdiction. If the Design-Builder incurs additional costs or is delayed due to the presence or remediation of Hazardous Material, upon City's approval, the Design-Builder shall be entitled to an equitable adjustment in the GMP, or the Project Schedule, or both, as applicable Material Safety Data (MSD) sheets as required by law and pertaining to materials or substances used or consumed in the performance of the Work, whether obtained by the Design-Builder, Subcontractors, the City or Others, shall be maintained at the Project by the Design-Builder and made available to the City and Subcontractors. During the Design-Builder's performance ofthe Work, the Design-Builder shall be responsible for the proper handling, and relevant documentation, of all materials brought to the Worksite by the Design-Builder. Upon issuance of the Certificate of Substantial or Final Completion, the City shall be responsible under this Paragraph for materials and substances brought to the site by the Design-Builder if such materials or substances are required by the Contract Documents. The City shall be responsible to hire a third-party monitoring company to monitor the proper handling of hazardous material. 3.7.9 Nothing in this Agreement shall be construed or interpreted as requiring Design-Builder to assume the status of, and the City acknowledges that Design-Builder does not act in the capacity nor assume the status of, the City or others as a "generator,'" "operator," "transporter," or "arranger" in the treatment, storage, disposal, or transportation of any hazardous substance or waste as those terms are understood within the meaning ofthe Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or any other similar federal, state, or local law, regulation, or ordinance. The City acknowledges further that Design-Builder has played no part in, and assumes no responsibility for, generation or creation ofany hazardous waste, pollution condition, nuisance, or chemical or industrial disposal problem, if any, that may exist at the time of commencement ofthe Construction Services at any site that may be the subject matter of this Agreement. 3.08 WARRANTIES AND COMPLETION General Warranties. The Design-Builder warrants that (i) all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, free from defects not inherent in the quality required or permitted (ii) the Work and all construction and related services provided hereunder shall be performed in a good and workmanlike manner by workers who are appropriately trained and experienced in the work being performed, in accordance with the Contract Documents (iii) all services required by this Agreement, including the Design Services and Construction Services, will be performed with that degree of skill, care and diligence consistent with the professional standards prevailing in the Chicago metropolitan area for services of comparable scope and magnitude. City's review or approval ofany plans, specifications, or other instruments of professional service shall not constitute a waiver by City ofany of Design-Builder's warranties or obligations under this paragraph. Manufacturer's Warranties. Design-Builder must collect all manufacturer's warranties and equipment manuals and deliver them to the City and must (i) ensure that all required Manufacturer's Warranties pass through to the City and the Department; (ii) submit all applicable manufacturers' warranties to the Commissioner and ensure that all warranty forms have been completed in the Department's name and registered with the appropriate manufacturers. To the extent products, equipment, systems or materials incorporated in the Work are furnished by the City, they shall be covered exclusively by the warranty ofthe manufacturer 3.8.3 If, within one year after the Warranty Commencement Date with respect to each Worksite, any ofthe Work is found to be not in accordance with the Contract Documents or nonconforming with the above warranties, the City shall give the Design-Builder prompt written notice describing the nonconformity. Upon receipt of such notice, the Design-Builder, at its cost, will promptly repair, replace, or re-perform such Work, services, or materials and equipment, and any other portion ofthe Work affected, as necessary to remedy such nonconformity. This obligation under Section 3.8.3 shall survive acceptance ofthe Work and termination ofthe Agreement. The warranties above exclude remedy for damage or delect caused by abuse, modifications not executed by Design-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Nothing contained in this Paragraph 3.8.3 shall be construed to establish a period of limitation with respect to other obligations which the Design-Builder might have under the Contract Documents or under the law, including a claim for breach ofthe warranties in Section 3.8.1. Establishment ofthe time period of one year as described in Subsection 3.8.3 relates only to the specific obligation of the Design-Builder to correct the Work during the one-year period for each Worksite, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design-Builder's liability with respect to the Design-Builder's obligations other than specifically to correct the Work under this Subsection 3.8.3. All warranties, including the manufacturers warranties, shall begin on Warranty Commencement Date. The Design-Builder shall secure any and all required certificates of inspection, testing, balancing or approval and deliver them to the City. The Design-Builder shall direct the City in checkout of utilities and start-up operations, and adjusting and balancing of systems and equipment for readiness. The Design-Builder shall maintain at the site As-Built Documents comprised of one copy ofthe Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to accurately reflect all as-built conditions including, but not limited to, all locations of utilities as actually installed, and all changes to the Work. The As-Built Documents shall be available to the City at all times. All As-Built Documents shall be delivered to the City for review and acceptance upon completion of the Work, signed by the Design-Builder to certify that they show complete and exact as-built conditions, stating dimensions, sizes, kinds of materials and similar matters (including, but not limited to, piping and conduit locations). The Design-Builder is responsible for all damages to the City arising directly from the Design-Builder's failure to maintain complete and accurate As-Built Documents. Upon completion of the Work, the Design-Builder shall prepare a complete set of Record Documents and deliver them to the City for review and acceptance. The Record Drawings shall be signed and stamped by the Design-Builder's Architect/Engineer to certify that they show complete and exact as-built conditions, stating dimensions, sizes, kinds of materials and similar matters (including, but not limited to, piping and conduit locations). The Design-Builder is responsible for any and all damages to the City arising directly from the Design-Builder's failure to maintain complete and accurate Record Documents. 3.09 CONFIDENTIALITY The Design-Builder shall treat as confidential and not disclose to third persons, except Subcontractors, Sub-subcontractors and the Architect/Engineer as is necessary for the performance ofthe Work, or use for its own benefit any ofthe City's developments, confidential information, know-how, discoveries, production methods and the like that may be disclosed to the Design-Builder or which the Design-Builder may acquire in connection with the Work. The City shall treat as confidential information all ofthe Design-Builder's estimating systems and historical and parameter cost data that may be disclosed to the City in connection with the performance of this Agreement. The City and the Design-Builder shall each specify those items to be treated as confidential and shall mark them as "Confidential." Notwithstanding the foregoing, the Parties acknowledge and agree that the City is a unit of local government, and as such is subject to the Illinois Freedom of Information Act. Confidential information shall not include: (a) information which at the time of disclosure is or thereafter becomes generally available to the public; (b) written information which was in the Party's possession prior to disclosure hereunder and which was not acquired under an obligation of confidentiality directly or indirectly from the disclosing Party; (c) information received by the Party after the time of disclosure hereunder from a third party without notice to the Party of any obligation of confidentiality or other restrictions with respect to use thereof. Design-Builder will not issue any publicity, news releases or grant press interviews, and, except as may be required by law during or after the performance of this Agreement, disseminate any information regarding its Work or the Project to which the Work pertains without the prior written consent of the City. If Design-Builder is presented with a request for documents by any administrative agency, or with a subpoena duces tecum regarding any records, data or documents which may be in Design-Builder's possession by reason of this Agreement, Design-Builder shall immediately give notice to the City and its legal counsel with the understanding that the City will have the opportunity to contest such process by any means available to it before the records or documents are released to a court or other third party. Design-Builder is not, however, obligated to withhold the delivery beyond the time ordered by the court or administrative agency unless the subpmna or request is quashed, or the time to produce is otherwise extended. 3.10 STANDARD OF CARE [INTENTIONALLY OMITTED] Design-Builder is and remains responsible for the professional and technical accuracy of all services or Deliverables furnished, whether by Design-Builder, the Architect Engineer, or others on its or their behalf. All Deliverables must be prepared in a form and content satisfactory to the City and delivered in a timely manner consistent with the requirements of this Agreement. Subsequent editions of design Deliverables, including drawings and specifications, shall supersede earlier editions, provided that any items that have changed on the design Deliverables are explicitly noted. Subsequent design Deliverables shall represent further development ofthe design Deliverables they supersede and shall not change or omit previously approved features or elements unless such differences or deviations are: (i) explicitly noted and identified in writing on the Deliverable, and (ii) expressly and unambiguously accepted by the City in writing. The City's inadvertent approval of a design Deliverable that contains an unapproved difference or deviation from any requirement of this Agreement shall not be construed as a waiver of such requirement. Design-Builder shall, consistent with the Illinois Architecture Practice Act of 1989, 225 ILCS 305 et seq., and other applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder or its subcontractor, AECOM Technical Services, Inc., or procured from qualified independent licensed design professionals, the necessary design services, including.architectural, engineering and other design professional services, for the preparation ofthe required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract-Documents. Design-Builder must assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Design-Builder must provide copies ofany such licenses to the City upon request. 3.10.4 Any or all agreements between the Design-Builder and the Architect Engineer shall provide that the City is a third party beneficiary of such agreement, and shall provide further that the City shall have a direct right and cause of action against the Architect Engineer for. any error or omission by the Architect Engineer in the performance ofthe design services of the Work. 3.11 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN-BUILDER Design-Builder acknowledges and declares that the Contract Documents are sufficient to enable the Design-Builder to complete the Work as shown in the Contract Documents or, if not specifically shown, to perform the activities which may be reasonably inferred as necessary for completion ofthe Work in accordance with the requisite time frame, applicable laws, statutes, building codes, regulations and requirements of the Contract Documents. The Design-Builder shall not take advantage ofany apparent error or omission in the Contract Documents. In addition, if the Design-Builder performs any Work which the Design-Builder knows or should have known contains an error, inconsistency or omission, the Design-Builder shall be responsible for such performance and shall bear the cost for correction. The Design-Builder has taken and will continue to take field measurements, verify field conditions and carefully compare such field measurements and conditions and other information known to the Design-Builder with the Contract Documents prior to commencing Work. Errors, inconsistencies or omissions discovered shall be immediately reported in writing to the City Representative. [INTENTIONALLY OMITTED] PROJECT PROCEDURES Except as may be expressly provided otherwise in the Contract, Design-Builder is solely responsible for selecting the means, methods, techniques, sequences, and procedures used in performing the Work. The City has the right to inspect the Work as more fully set forth in Section 3.4. Design-Builder must perform all activities that may be required or necessary to complete the Work in accordance with the Contract Documents. For the GMP, Design-Builder must construct, furnish and install all materials, parts and labor necessary to complete the entire Work. DESIGN-BUILDER'S STAFFING/KEY PERSONNEL 3.13.1 STAFFING Immediately upon execution of this Agreement, Design-Builder will assign and maintain throughout the term ofthe Agreement an adequate staff of competent personnel who are fully equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Work. 3.13.2 KEY PERSONNEL Design-Builder's Key Personnel for the Work are listed in Exhibit 9. In the event that any such Key Personnel are unable to continue to perform Work, the Design-Builder will promptly notify the City. Any change or substitution with respect to Key Personnel requires the approval of the City. In the event that, in the opinion ofthe Commissioner of 2FM, the performance of Key Personnel or any of Design-Builder's staff assigned to the Work, is at an unacceptable level, Design-Builder will remove them from the Project upon written notice from the City, and will provide a replacement for the City's approval within five Days of receipt of the notice to remove. 3.14 RIGHT OF ENTRY The Design-Builder and any of its officers, employees, agents, subconsultants and Subcontractors will be permitted to enter upon any part of the Project Worksite in connection with the performance of the Work hereunder, subject to the terms and conditions contained herein and those rules established by the City. City's consent to enter upon all or any part of the Project Worksite will not create nor be deemed to imply the creation of any additional responsibilities on the part of the City. The Design-Builder will use, and will cause each of its officers, employees, agents, subconsultants and subcontractors to use reasonable care, unless otherwise expressly set forth in this Agreement, when entering upon the Project Worksite in connection with the Work, fhe Design-Builder will comply and will cause each of its officers, employees, agents, subconsultants and Subcontractors to comply with any and all instructions and requirements for the use of the Project Worksite, and any express licenses for such use are hereby incorporated by reference. Any and all,claims, suits, judgments, costs, or expenses, including reasonable attorneys' fees, arising from or by reason of or in connection with any such entry will be treated in accordance with the applicable terms and conditions ofthe Agreement, including, without limitation, the indemnification provisions contained in this Agreement. If the Design-Builder, or anyone for whom it is responsible, causes damage to City property, or the property ofthe owner of the Project Worksite, the Design-Builder must, at the option of the City, either 1) pay the cost of repair of the damage or 2) repair or replace the damaged property. The City shall have the right of set-off against the payments to the Design-Builder for the cost of repairs. 3.15 CHICAGO AND PROJECT AREA RESIDENT HIRING For all Construction Services, Design-Builder will be required to comply with the minimum percentage of total worker hours performed by Eligible Residents of the City of Chicago as specified in MCC 2-92-330 and rules and regulations adopted thereunder. 50% of the total work hours must be performed by City Residents unless the City determines otherwise. Additionally, at least 15% ofthe total work hours must be performed by Project Area Residents unless the City determines otherwise. The Design-Builder may request a reduction or waiver of these minimum percentage participation levels of City Residents and Project Area Residents as provided for in MCC 2-92-330 in accordance with standards and procedures developed by the City's Chief Procurement Officer (CPO). For purposes of these City resident hiring provisions: "City Residents" means persons domiciled within the City of Chicago. "Project Area Residents" for the purposes of this Project means persons who reside in one ofthe following communities: Chatham, Englewood, Auburn Gresham, Washington Fleights, Greater Grand Crossing, Park Manor, Avalon Park and Woodland. "Domicile" means an individual's one and only true, fixed and permanent home and principal establishment. "Eligible Residents" means City Residents and Project Area Residents. "Actual residents ofthe City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only true, fixed and permanent home and principal establishment. The Design-Builder shall provide for the maintenance of adequate employee residency records to ensure that Eligible Residents are employed on the project. The Design-Builder and Subcontractors shall maintain copies of personnel documents supportive of every City Resident employee's actual record of residence. Certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) must be submitted weekly to the Commissioner ofthe supervising City department, which clearly and accurately identifies the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a certified payroll report, the date that the company hired the employee should be written in after the employee's name. Full access to the Design-Builder's and Subcontractors' employment records shall be granted to CPO, the Commissioner ofthe supervising City department, the Superintendent ofthe Chicago Police Department, the Chicago's Inspector General, or any duly authorized representative thereof. The Design-Builder and Subcontractors shall maintain all relevant personnel data in records for a period of at least three years after final acceptance ofthe work. At the direction of the Commissioner or CPO, affidavits and other supporting documentation will be required ofthe Design-Builder to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. i Unless a wavier has been granted by the City, good faith efforts on the part ofthe Design-Builder to provide utilization of Eligible Residents will not be sufficient justification for failing to meet and document verified achievement ofthe minimum worker hours performed by actual Eligible Residents. ; Waiver requests will be considered based on the standards and procedures developed by the Chief Procurement Officer, "Regulations for Percentages of City and Project Area Residents Worker Hours." When work associated with Construction Services for the total Project is completed, if the CPO has determined that the Design-Builder has failed to meet or adequately report the minimum worker hours performed by Eligible Residents, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this section. Therefore, in such a case of non-compliance it is agreed that 1/20 of 1 percent (.05%), 0.0005, of the final contract amount for this contract shall be surrendered by the Design-Builder to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and / or correctly shall result in the surrender of the entire liquidated damages as if no Chicago residents were employed in either ofthe categories. The willful falsification of statements and/or Certified Payroll reports may subject the Design-Builder or Subcontractor or employee to prosecution. Any payment to the Design-Builder may be withheld by the City pending the Chief Procurement Officer's determination of whether the Design-Builder must surrender damages as provided in this paragraph. Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative action required for equal opportunity under the provisions of this contract. 3.16 EQUAL EMPLOYMENT OPPORTUNITY Pursuant to section MCC-2-92-390. the City has adopted goals for the employment of women and minorities on its construction contracts. Design-Builder has committed to hiring minorities and women to perform a percentage ofthe aggregated work hours on the Project, as specified in Exhibit 15. The Design-Builder will be expected to achieve these participation commitments, unless otherwise granted a waiver. Design-Builder acknowledges that Design-Builder's failure to meet its specified utilization commitments will result in the liquidated damages being assessed as specified in Exhibit 15. 3.17 DESIGN-BUILDER'S REPRESENTATIVE The Design-Builder shall designate a person who shall be the Design-Builder's authorized representative. The Design-Builder's Representative is . ARTICLE 4 CITY'S RESPONSIBILITIES 4.01 INFORMATION AND SERVICES PROVIDED BY THE CITY 4.1.1 The City shall provide full information in a timely manner so as not to cause a delay regarding requirements for the Project, including the City's Program and other relevant information. 4.1.2 The City shall provide: all available information describing the physical characteristics of the site, including surveys, site evaluations legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations. inspection, testing, and monitoring services during construction as required by law or as mutually agreed; and unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other required services. 4.1.3 The Design-Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Paragraph 4.1 and the Design-Builder shall not be responsible for defects in its Work or services to the extent directly attributable to its reliance upon or use of such information; provided, however, that in the event the Design-Builder believes, has reason to believe, or finds that any of the information or services provided by the City under this Paragraph 4.1 are incomplete or inaccurate, Design-Builder shall: (i) provide the City with prompt notice of such incompleteness or inaccuracy; and (ii) with the concurrence of the City, undertake such investigations, testing and/or inspections as the Design-Builder deems reasonable and appropriate under the circumstances. Such investigations, testing and inspections shall be a Cost ofthe Work, provided that the Design-Builder has secured the concurrence ofthe City prior to the performance of such investigations, testing and/or inspections. [OMITTED] RESPONSIBILITIES DURING CONSTRUCTION PHASE The City shall review the Schedule of Work as presented by the Design-Builder and timely approve so as not to cause a delay. If the City becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, the City shall give prompt written notice to the Design-Builder. The failure of the City to give such notice shall not relieve the Design-Builder of its obligations to fulfill the requirements ofthe Contract Documents. 4.3.3 The City shall communicate with the Design-Builder's Subcontractors. Material Suppliers and the Architect/Engineer only through or in the presence ofthe Design-Builder. The City shall have no contractual obligations to Subcontractors or suppliers. 4.04 CITY'S REPRESENTATIVE The City's Representative is ' . The Representative: shall be fully acquainted with the Project; agrees to furnish the information and services required ofthe City pursuant to Paragraph 4.1 so as not to delay the Design-Builder's Work. 4.05 ELECTRONIC DOCUMENTS If the City requires that the City and Design- Builder exchange documents and data in electronic or digital form, prior to any such exchange, the City and Design-Builder shall agree on a written protocol governing all such exchanges in a separate agreement, which, at a minimum, shall specify: (1) the definition of documents and data to be accepted in electronic or digital form or to be transmitted electronically or digitally; (2) management and coordination responsibilities; (3) necessary equipment, software and services; (4) acceptable formats, transmission methods and verification procedures; (5) methods for maintaining version control; (6) privacy and security requirements; and (7) storage and retrieval requirements. The Parties shall each bear their own costs for the requirements identified in the protocol. In the absence of a written protocol, use of documents and data in electronic or digital form shall be at the sole risk of the recipient. ARTICLE 5 SUBCONTRACTS Work not performed by the Design-Builder with its own forces shall be performed by Subcontractors or the Architect/Engineer. RETAINING SUBCONTRACTORS The Design-Builder will solicit and endeavor to obtain at least three competitive bids for any Construction Phase Work not performed by the Design-Builder ("Triple-Bid"). The Design-Builder shall make all Subcontractor bid documents and Design-Builder bid analysis available to the City, per Section 3.2.4. In such case that the Design-Builder is unable to Triple-Bid any Work not performed by the Design-Builder, it shall document its good faith efforts and seek the City's written approval to retain its recommended Subcontractor for such Work. The Design-Builder may select the Subcontractors they feel offer the best overall value, not necessarily lowest bid. In such circumstances, the Design-Builder must provide written explanation to City when lowest bid is not selected. City has right to veto any particular decision. The Design-Builder shall not retain any Subcontractor that has been debarred by City from doing business with City, or any Subcontractor to whom the City has a reasonable and timely objection. The Design-Builder shall not make any substitute for a Subcontractor that has been accepted by the City without the written approval of the City. MANAGEMENT OF SUBCONTRACTORS The Design-Builder shall be responsible for the management ofthe Subcontractors in the performance of their work. The City will communicate with the Design-Builder regarding the Design-Builder's Subcontractors to address matters such as MBE and WBE issues, direct payments to Subcontractors, lien and surety matters, and other matters. CONTINGENT ASSIGNMENT OF SUBCONTRACT 5.3.1 If this Agreement is terminated, each subcontract agreement shall be assigned by the Design-Builder to the City, subject to the prior rights ofany surety, provided that: 5.3.1.1 this Agreement is terminated by the City pursuant to Paragraphs 12.2, 12.3. or 12.6; and 5.3.1.2 the City accepts such assignment, after termination by notifying Subcontractor and Design-Builder in writing, and assumes all rights and obligations ofthe Design-Builder pursuant to each subcontract agreement. 5.3.2 If the City accepts such assignment and the Work has been suspended for more than thirty (30) consecutive Days, following termination, if appropriate, the Subcontractor's compensation shall be equitably adjusted as a result of the suspension. BINDING OF SUBCONTRACTORS AND MATERIAL SUPPLIIERS The Design-Builder agrees to bind every Subcontractor and Material Supplier (and require every Subcontractor to so bind its Sub-subcontractors and Materia! Suppliers) to all the provisions of this Agreement and the Contract Documents. DESIGN-BUILDER'S LIABILITY FOR SUBCONTRACTORS The Design-Builder is responsible for all Subcontractor Work and for all acts, failures to act, and omissions of its Subcontractors. For the purposes of this Agreement, the Design-Builder's acts and omissions include those of its Subcontractors to the same extent as if they had been committed by the Design-Builder. Notwithstanding the foregoing, there is no privity between Subcontractors and the City. Except as set forth in Exhibit 12, "Special Conditions Regarding MBE and WBE Commitment," Subcontractors have no rights as third-party beneficiaries under this Agreement. However, all subcontracts of every tier shall state that the City is an intended third-party beneficiary ofthe subcontract. BUY-OUT When there are variances between actual awarded contract sums versus estimated contract sums, as provided in Exhibit 7, such variances will accrue to Contingency line item on revised monthly sworn schedule of value statements, included as part of every pay application. ARTICLE 6 TIME DATE OF COMMENCEMENT The Date of Commencement is the Effective Date of this Agreement as first written in Article 1 unless otherwise set forth below: The Work shall proceed in general accordance with the Schedule of Work as such schedule may be amended from time to time, subject, however, to other provisions of this Agreement. SUBSTANTIAL/FINAL COMPLETION Unless the Parties agree otherwise, the Date of Substantial Completion or the Date of Final Completion shall be established, and subject to adjustments, as provided for in the Exhibit 6. The City and the Design-Builder may agree not to establish such dates, or in the alternative, to establish one but not the other ofthe two dates. If such dates are not established upon the execution of this Agreement, at such time as a GMP is accepted, a Date of Substantial Completion or Date of Final Completion of Work shall be established in a Contract Modification. TIME IS OF THE ESSENCE IN THIS AGREEMENT, and the time limits stated in the Contract Documents are ofthe essence. Unless instructed by the City in writing, the Design-Builder shall not knowingly commence the Work before the effective date of insurance that is required to be provided by the Design-Builder. 6.03 DELAYS IN THE WORK 6.3.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by any cause beyond the control of the Design-Builder, the Design-Builder shall be entitled to an equitable extension ofthe Date of Substantial Completion or the Date of Final Completion; provided, however, that Design-Builder has a duty to make best efforts to mitigate the effect of any such cause. Examples of causes beyond the control of the Design-Builder include, but are not limited to, the following: acts or omissions ofthe City; changes in the Work or the sequencing of the Work ordered by the City; transportation delays not reasonably foreseeable; labor disputes not involving the Design-Builder; general labor disputes impacting the Project but not specifically related to the Worksite; fire; Terrorism; epidemics; adverse governmental actions; encountering Hazardous Materials; concealed or unknown conditions; delay authorized by the City pending dispute resolution and suspension by the City under Paragraph 12.1; and adverse weather conditions not reasonably anticipated. Delays for adverse weather conditions will be handled according to the subsequent paragraph of this Section 6.3.1. The Design-Builder shall process any requests for equitable extensions of the Date of Substantial Completion or the Date of Final Completion in accordance with the provisions of Article 9. Adverse Weather Claim: The Project Schedule for each Worksite has been established by the Design-Builder to include anticipated typical adverse weather conditions that might impact and delay the Project's critical path to completion. The Design-Builder has included Days for adverse weather delays within the Project Schedule for each Worksite, based on National Oceanic and Atmospheric Administration ("NOAA") historical weather data for the Project region. Design-Builder shall not be entitled to claim additional time due to adverse weather for the Project unless and until the days lost due to adverse weather exceed the number of anticipated adverse weather days included in the Project Schedule. In order to claim the use of an adverse weather day, the Design-Builder shall, within five (5) business days ofthe claimed adverse weather event, provide written notice to the City that an adverse weather event occurred, including any documentation necessary to substantiate the occurrence of adverse weather, along with the Design-Builder's analysis of the impact to the Project schedule critical path and a statement as to why the claimed delay caused by the adverse weather event could not be made up as required by the Contract Documents. Failure to provide such notice shall be deemed a waiver ofthe use of an adverse weather day included in the Project Schedule. If the Design-Builder provides timely written notice lo the City for the use of an adverse weather day included in the Project Schedule, the City shall approve or disapprove the use of an adverse weather day included in the Project Schedule within ten (10) days of receipt of such notice. If the City disapproves the use of an adverse weather day included in the Project Schedule, the Design-Builder may pursue a claim pursuant to the provisions ofthe Agreement. For the purposes of this section an adverse weather delay shall be deemed lost if adverse weather at the area ofthe Project prohibits the Design-Builder from performing a majorityof the work scheduled for that day and/or such delay adversely impacts one or more critical path activities of the Project Schedule. There should be no reduction in the Contract Time if the number of actual weather delays is less than the anticipated adverse weather days included in the Project schedule as established in this section. In addition, if the Design-Builder incurs additional costs as a result of a delay from any cause beyond the control of the Design-Builder or that is caused by acts or omissions of the City, changes in the Work or the sequencing of the Work ordered by the City, or arising from decisions of the City that impact the time of performance of the Work, encountering unknown or concealed Hazardous Materials, delay authorized by the City pending dispute resolution and suspension by the City under Paragraph 12.1, the Design-Builder shall be entitled to an equitable adjustment in the GMP. In the event delays to the Project are encountered for any reason, the Parties agree to undertake reasonable steps to mitigate the effect of such delays. 6.04 LIQUIDATED DAMAGES The liquidated damages specified below are the exclusive remedy for delay in achieving Substantial Completion and Final Completion as specified in the Project Schedule. 6.4.1 SUBSTANTIAL COMPLETION The City and the Design-Builder agree that this Agreement shall provide for the imposition of liquidated damages for failure to achieve Substantial Completion as specified in the Project Schedule for each Worksite. 6.4.1.1. The Design-Builder understands that if the Date of Substantial Completion established by the Parties for each Worksite, as may be amended by subsequent Change Order, is not attained, the City will suffer damages which are difficult to determine and accurately specify. The Design-Builder agrees that if the Date of Substantial Completion for each of the Worksites specified below is not attained, the Design-Builder shall pay the City, as the City's sole and exclusive remedy for delay in achieving the Date of Substantial Completion, the following amounts: for Worksite 3 [Fueling Station - 1152 N. North Branch St.], Five Hundred Dollars ($500) as liquidated damages and reasonable compensation and not as a penalty for each Day that Substantial Completion extends beyond the Date of Substantial Completion specified in the Worksite 3 Project Schedule. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages of whatsoever nature incurred by the City which are occasioned by any delay in achieving the Date of Substantial Completion for Worksite 3. For Worksite 2 [Satellite Heavy Duly Vehicle Repair Facility - 4241 N. Neenah Ave.], One Thousand Five Hundred Dollars ($1,500) as liquidated damages and reasonable compensation and not as a penalty for each Day that Substantial Completion extends beyond the Date of Substantial Completion specified in the Worksite 2 Project Schedule. The-liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages of whatsoever nature incurred by the City which are occasioned by any delay in achieving the Date of Substantial Completion for Worksite 2. (c) For Worksite 1, [Main Heavy Duty Vehicle Repair Facility -210 W. 69th St.], Three Thousand Dollars ($3,000) as liquidated damages and reasonable compensation and not as a penalty for each Day that Substantial Completion extends beyond the Date of Substantial Completion specified in the Worksite 1 Project Schedule. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages of whatsoever nature incurred by the City which are occasioned by any delay in achieving the Date of Substantial Completion for Worksite 1. 6.4.2 FINAL COMPLETION The City and the Design-Builder agree that this Agreement shall provide for the imposition of liquidated damages for failure to achieve Final Completion as specified in the Project Schedule for the entire Project. The Design-Builder understands that if the Date of Final Completion established by the Parties, as may be amended by subsequent Change Order, is not attained, the City will suffer damages which are difficult to determine and accurately specify. The Design-Builder agrees that if the Date of Final Completion is not attained, the Design-Builder shall pay the City as the City's sole and exclusive remedy for delay in achieving the Date of Final Completion One Thousand Dollars ($1,000) as liquidated damages and reasonable compensation and not as a penalty for each Day that Final Completion extends beyond the Date of Final Completion specified in the Project Schedule for the entire Project. It is also agreed that a sixty (60) consecutive day grace period is hereby granted after the Date of Final Completion, and consequently, the liquidated damages specified in this Section 6.4.2.1 shall not begin until and upon the sixty-first day after the Date of Final Completion. To the fullest extent permitted by law, Design-Builder's total liability to the City for any liquidated damages for failure to achieve the Date of Final Completion shall not exceed $200,000.00; provided, however, that such cap on liquidated damages for failure to achieve Date of Final Completion will have no effect on the continuing obligation of Design-Builder to pay liquidated damages for failure to achieve the Dates of Substantial Completion. 6.4.3 Notwithstanding any other provision within this Agreement, Design-Builder's total liability to the City for any delay damages through the payment ofany combination ofthe liquidated damages stated above for failure to achieve the Dates of Substantial Completion and Date of Final Completion shall not exceed, in the aggregate, one hundred percent (100%) ofthe GMP. CITY'S RIGHT TO OCCUPY PORTIONS OF THE WORK The City may occupy and use the Project, or portions thereof, in advance of Substantial Completion. If the City desires to exercise partial occupancy and use prior to Substantial Completion, the City shall provide written notice to the Design-Builder, and the Design-Builder shall cooperate with the City in making available for the City's use such Project services as heating, ventilating, cooling, water, lighting, wifi and telephone for space or spaces to be occupied, and if the equipment required to furnish such services is not entirely completed at the time the City desires to occupy and use the space or spaces, then the Design-Builder will make every reasonable effort to complete that Work. In the event of occupancy prior to Substantial Completion: Within fourteen (14) days after receiving notice ofthe planned early occupancy, the Design-Builder will provide written notice to the City of the following: (i) the current condition ofthe space desired for early occupancy; (ii) the anticipated condition of the space at the date of anticipated early occupancy; (iii) a preliminary estimate ofany potential additional costs, if any, as a direct or indirect result of the early occupancy; and (iv) a preliminary estimate ofany potential impact to the Project Schedule, if any, as a result of the early occupancy. If the early occupancy is necessitated by a delay in Substantial Completion beyond the scheduled date of Substantial Completion and is not the subject of a Change Order, Design-Builder shall be responsible for all additional costs associated with the preparation ofthe space for the early occupancy. 'fhe following conditions will apply to the spaces and/or equipment that are affected by the City's early occupancy: A punch list will be assembled by the City, Design-Builder and its Subcontractors, and an inspection of the affected space by the City will be accomplished prior to the start of early occupancy. . Warranties of systems that are common to both the occupied and unoccupied parts of the Project will begin to run at the Warranty Commencement Date. Risk of loss associated with the finished Work which the City occupies early transfers to the City at the start ofthe early occupancy. As part ofthe Change Order for early occupancy, the Parties will agree and set forth in writing the scope and date of early occupancy, and what effect early occupancy will have on Liquidated Damages and insurance coverage. ARTICLE 7 [OMITTED] ARTICLE 8 COMPENSATION AND COST OF TH E WORK 8.01 COMPENSATION Architect/Engineer. Compensation for the costs of Design Services performed directly by Design-Builder Architects/Engineers will be computed separately independently from other Design-Builder compensation for work or services, and these costs shall be shown as separate items on applications for payment. If an Architect/Engineer is retained by the Design-Builder, the payments to the third-party Architect/Engineer shall be as detailed in a separate agreement between the Design-Builder and the Architect/Engineer. Generally. The City agrees to pay the Design-Builder for the (i) Cost ofthe Work as defined in Article 2, this Article, and Exhibit 7, and (ii) the Design-Builder's Fee applied to specified portions ofthe Cost of the Work as designated below, all completed and recorded in the monthly application for payment. Notwithstanding anything to the contrary in the Contract Documents, Design-Builder shall provide the Cost of the Work at rates that are not higher than those customarily paid at the place ofthe Project except with the specific and express prior written consent of City and any costs exceeding such rates shall not be part of the Cost ofthe Work. Deposits. Unless otherwise approved in writing by the Commissioner, applications for payment may not include costs of deposits on materials and equipment. If City otherwise agrees to pay for a deposit that Design-Builder was required to place on material and equipment, approval of payment applications that include such deposits shall be conditioned on submission by the Design-Builder of a written acknowledgment from the manufacturer ofthe equipment or material that the deposit has been paid, or such other procedures satisfactory to the City to establish the proper payment ofthe deposit for which Design-Builder seeks payment. The applicable Design-Builder Fee, if any, on the equipment or material in issue will not be payable until the City makes payment for the balance ofthe cost of the equipment or material and receives ownership of such material or equipment. 8.02 COST OF THE WORK AND DESIGN-BUILDER'S FEE 8.2.1 PORTIONS OF COST OF THE WORK NOT SUBJECT TO DESIGN-BUILDER FEE 8.2.1.1 Design Services. The City shall compensate the Design-Builder for documented Design Services costs based on the hourly rates provided in Exhibit 16, along with documented actual reimbursable costs to third-parties for pre-approved site investigation services, such as surveying, geotechnical and environmental analysis without mark-up. Payments for Design Services will not be subject to the Design-Builder Fee. In the first application for payment pursuant to Article 10, Design-Builder may request reimbursement for Design Services costs incurred up to the date of such application for payment. The Design Services completed prior to execution are set forth in Exhibit 17. Such request must comply with the hourly rates set forth in Exhibit 16. Total compensation for Design Services cannot exceed 5% of the GMP. Design compensation shall be inclusive of all Design Services performed at any time during Project Schedule including any construction administration, services performed by an architect or engineer. General Conditions Costs. The City shall compensate the Design-Builder for documented General Conditions Costs based on the hourly rates provided in Exhibit 18, along with documented actual expenses directly incurred in the performance of the General Conditions. General Conditions will not be subject to the Design-Builder's Fee. The General Conditions Costs consist of: labor costs incurred by Design-Builder for all its direct employees overseeing and/or performing portions of the Work; incurred costs necessary for project travel, telecommunications, computers, office equipment and supplies, reproduction costs, Project communication and in-house produced signage; costs of repairing or correcting damaged or nonconforming Work executed by the Design-Builder provided that such damaged or nonconforming Work was not caused'by negligence or failure to fulfill a specific responsibility ofthe Design-Builder and only to the extent that the cost of repair or correction is not recovered by the Design-Builder from insurance, sureties, Subcontractors, suppliers, or others. Soft Costs. The City shall compensate the Design-Builder for documented Soft Costs invoiced at actual cost with no Design Builder's Fee. Reimbursable Soft Costs incurred by the Design-Builder include the following: premiums for all required and City approved insurance and performance and payment bonds, including any additional premium incurred as a result ofany increase in the GMP; fees and assessments for necessary building permits and other permits, licenses and inspections for which the Design-Builder is required to pay. 8.2.2 PORTIONS OF COST OF WORK SUBJECT TO DESIGN-BUILDER FEE 8.2.2.1 Direct Costs. The City shall compensate the Design-Builder for documented payments made by the Design-Builder to Subcontractors for Work performed under this Agreement (''Direct Costs'*) including: labor: materials and equipment, including any necessarily incurred sales, use, gross receipts or other taxes, tariffs or duties for which the Design-Builder is liable; stored materials, with the Owner's prior approval, subject to Section 10.1.8: costs for public utility connections or modifications: costs of repairing or correcting damaged or nonconforming Work executed by the Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility ofthe Design-Builder and only to the extent that the cost of repair or correction is not recovered by the Design-Builder from insurance, sureties, Subcontractors, suppliers, or others. 8.2.2.2 General Requirements Costs. The City shall compensate the Design-Builder for documented General Requirements Costs, plus the Design-Builder's Fee. General Requirements Costs includes all documented payments made to third-party vendors for the provision of following services or materials: security; barricades and fencing; temporary roads; temporary utilities; temporary field offices, portable toilets, dumpsters, temporary stairs, temporary signage and storage; laborers and cleanup; safety (material, training, incentives); fire protection and extinguishers; trucks (equipment & fuel); outreach activities and workforce development consultants; testing laboratory fees, except those related to defective or nonconforming Work; hand tools not owned by the workers that are used or consumed in the performance ofthe Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of the Design-Builder; rental charges from unrelated third parties for all necessary temporary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from the Design-Builder or Others including installation, repair and replacement, dismantling, removal, maintenance, transportation and delivery costs; Project communications provided by third-party vendor. 8.03 EXCLUSIONS FROM COST OF THE WORK 8.3.1 The following will be excluded from Cost of the Work, and the City will make no direct payment for these items: Expenses of Design-Builder's principal office and offices other than the Worksite offices or as expressly included in Section 8.2. Overhead and general expenses, except as may be expressly included in Section 8.2. (iii) Design-Builder's capitafexpenses, including interest on Design-Builder's capital employed for the Work. ARTICLE 9 CHANGES IN THE WORK The Commissioner reserves the right to order, in writing, changes in the Design Documents, Work, or the Schedule without invalidating this Agreement and without prior notice to Design-Builder's surety. Design-Builder is obligated to perform in a timely manner the changed Work included in the written notice from the Commissioner. These changes may consist of additions, deletions, or ' other revisions, at the discretion of the City. Changes in the Work may be accomplished, without invalidating this Agreement, by Change Order, Interim Directed Change, or a minor change in the Work, subject to the limitations stated in the Contract Documents. 9.01 CHANGE ORDER The City, without invalidating this Agreement, may order changes in the Design Documents, Work, or the Schedule within the general scope of the Contract Documents consisting of additions, deletions or other revisions; the GMP or the estimated Costs of the Work (and corresponding Design-Builder's Fee), compensation for Design Phase services, or the Date of Substantial Completion or the Date of Final Completion may be adjusted accordingly. The Design-Builder may also request changes in the Work via a Proposed Change Order, which shall be submitted to the City in the case of unforeseen conditions or City directed changes to the Work. Any and all such changes in the Work shall be authorized by applicable Change Order, and shall be performed under the applicable conditions ofthe Contract Documents. No change in the Work, whether by way of alteration or addition to the Work, shall be the basis of an adjustment to the GMP or Schedule, unless and until such alteration or addition has been authorized by a Change Order executed by the Commissioner and issued in strict compliance with the Contract Documents and Project Procedures. No course of conduct or dealings between the Parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that the City has been unjustly enriched by any alteration or addition to the Work, whether there is in fact or not any unjust enrichment to the Work, shall be the basis ofany claim to an increase in the GMP.or Schedule. Each adjustment in the GMP or estimated Cost of the Work resulting from a Change Order shall clearly separate the amount attributable to compensation for Design Phase services. Cost of the Work (and corresponding Design-Builder's Fee). The City and Design-Builder shall negotiate in good faith an appropriate adjustment to the GMP or the estimated Cost of the Work (and corresponding Design-Builder's Fee), compensation for Design Phase services, or the Dale of Substantial Completion or the Date of Final Completion, and shall conclude these negotiations as expeditiously as possible. Acceptance ofthe Change Order and any adjustment in the GMP, the estimated Cost ofthe Work (and corresponding Design-Builder's Fee), compensation for Design Phase services, or the Date of Substantial Completion or the Date of Final Completion shall not be unreasonably withheld. 9.02 INTERIM DIRECTED CHANGE The City may issue a written Interim Directed Change directing a Change in the Work prior to reaching agreement with the Design-Builder on the adjustment, if any, in the GMP, estimated Cost ofthe Work (and corresponding Design-Builder's Fee), the Date of Substantial Completion or the Date of Final Completion, and, if appropriate, the compensation for Design Phase services. Design-Builder must begin the changed Work upon receipt"of such notice signed by the Commissioner. The City and the Design-Builder shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the GMP, estimated Cost of the Work (and corresponding Design-Builder's Fee), the Date of Substantial Completion or the Date of Final Completion, and if appropriate the compensation for Design Phase services, arising out of Interim Directed Change. As the changed work is completed, the Design-Builder shall submit its costs for such work with the application for payment beginning with the next application for payment within thirty (30) Days ofthe issuance ofthe Interim Directed Change. Pending final determination of cost to the City, amounts not in dispute may be included in applications for payment and shall be paid by City. When the City and the Design-Builder agree upon the adjustments in the GMP, estimated Cost ofthe Work (and corresponding Design-Builder's Fee), the Date of Substantial Completion or the Date of Final Completion, and if appropriate the compensation for Design Phase services, for a change in the Work directed by an Interim Directed Change, such agreement shall be the subject of an appropriate Change Order. The Change Order shall include all outstanding Interim Directive Changes issued since the last Change Order and be executed by the Parties. 9.03 MINOR CHANGES IN THE WORK The City and the Design-Builder may make minor changes in the design and construction ofthe Project consistent with the intent ofthe Contract Documents which do not involve an adjustment in the GMP, estimated Cost ofthe Work, the Design-Builder's Fee, the Date of . Substantial Completion or the Date of Final Completion, and do not materially and adversely affect the design of the Project, the quality ofany of the materials or equipment specified in the Contract Documents, the performance ofany materials, equipment or systems specified in the Contract Documents, or the quality of workmanship required by the Contract Documents. The Design-Builder shall promptly inform the City in writing ofany such changes and shall record such changes on the Design-Build Documents maintained by the Design-Builder. [OMITTED] DETERMINATION OF COST 9.5.1 An increase or decrease in the GMP or estimated Cost ofthe Work resulting from a change in the Work shall be determined by one or more ofthe following methods: unit prices set forth in this Agreement or as subsequently agreed; a mutually accepted, itemized lump sum; costs determined as defined Article 8; or if an increase or decrease cannot be agreed to as set forth in Clauses 9.5.1.1 through above, and the City issues an Interim Directed Change, the costs of the change in the Work shall be determined by the reasonable actual expense and savings of the performance of the Work resulting from the change. The Design-Builder shall maintain a documented, itemized accounting evidencing the expenses and savings. If unit prices are indicated in the Contract Documents or are subsequently agreed to be the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the City or the Design-Builder, such unit prices shall be equitably adjusted. If the City and the Design-Builder disagree as to whether work required by the City is within the scope ofthe Work, the Design-Builder shall furnish the City with an estimate of the costs to perform the disputed work in accordance with the City's interpretations. If the City issues a written order for the Design-Builder to proceed, the Design-Builder shall perform the disputed work and the City shall pay the Design-Builder fifty percent (50%) of its actual, direct costs to perform the work. In such event, both Parties reserve their rights as to whether the work was within the scope ofthe Work. The City's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of Work. The Design-Builder's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work. 9.06 CLAIMS FOR ADDITIONAL COST OR TIME For any claim for an increase in the GMP, estimated Cost of the Work (and corresponding Design-Builder's Fee, if applicable), or the Date of Substantial Completion or the Date of Final Completion, the Design-Builder shall give the City written notice ofthe claim within twenty-one (21) Days after the occurrence giving rise to the claim or within twenty-one (21) Days after the Design-Builder first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Claims for design and estimating costs incurred in connection with possible changes requested by the City, but which do not proceed, shall be made within twenty-one (21) Days after the decision is made not to proceed. Thereafter, the Design-Builder shall submit written documentation of its claim, including appropriate supporting documentation, within twenty-one (21) Days after giving notice, unless the Parties mutually agree upon a longer period time. The City shall respond in writing denying or approving the Design-Builder's claim that explains its decision no later than fourteen (14) Days after receipt ofthe Design-Builder's documentation of claim. Any change in the GMP, estimated Cost ofthe Work (and corresponding Design-Builder's Fee), the Date of Substantial Completion or the Date of Final Completion and if appropriate the compensation for Design Phase services, resulting from such claim shall be authorized by Change Order. EMERGENCIES If an emergency affecting the safety of persons or property, the Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the GMP, estimated Cost of the Work (and corresponding Design-Builders Fee), the Date of Substantial Completion or the Date of Final Completion, and if appropriate the compensation for Design Phase services, on account of emergency work shall be determined as provided in this Article. ITEMS THAT ARE NOT CHANGES TO THE WORK It is understood and agreed that the Project and the Design Documents will be subject to further minor (as defined in Section 9.3.1) refinement, correction and detailing by the City and Design-Builder after the GMP is determined, and that the Design-Builder shall receive no additional compensation for any such minor refinement,'correction or detailing that is contemplated to be a part of, or would reasonably be inferred, to be a part of, the Work under .this Agreement. Such minor refinements, corrections and detailing shall not constitute a change in the Work. Notwithstanding anything in this Article 9 to the contrary, (i) no extension to the Schedule will be granted under this Article for a delay caused wholly or in part by any fault, negligent act, failure to act, error, omission or breach of a material term of this Agreement by the Design-Builder, the Architect/Engineer, design subconsultants, Subcontractors or anyone else for whom the Design-Builder may be responsible; and (ii) no Change Order will be issued increasing the GMP or the Schedule in connection with any correction of errors, omissions, deficiencies or improper or Defective Work on the part ofthe Design-Builder, the Architect/Engineer, any design subconsultant, Subcontractors or anyone else for whom the Design-Builder may be responsible in the performance ofthe Work. 9.09 CHANGES IN LAW In the event any changes in laws or regulations affecting the performance ofthe Work are enacted after either the date of this Agreement or the date a GMP Proposal is accepted by the City, whichever occurs later, the GMP, estimated Cost of the Work (and corresponding Design-Builder's Fee), the Date of Substantial Completion or the Date of Final Completion, and if appropriate the compensation for Design Phase services, shall be equitably adjusted by Change Order. ARTICLE 10 PAYMENT FOR CONSTRUCTION PHASE SERVICES 10.01 PROGRESS PAYMENTS 10.1.1 On the fifth Day of each month after the Construction Phase has commenced the Design-Builder shall submit to the City an application for payment consisting of the Cost ofthe Work performed up to the last Day ofthe month, along with a proportionate share ofthe Design-Builder's Fee. Prior to submission ofthe next application for payment, the Design-Builder shall furnish to the City a statement accounting for the disbursement of funds received under the previous application. The extent of such statement shall be as agreed upon between the City and the Design-Builder. Within seven (7) Days after receipt of each monthly application for payment, the City shall give written notice to the Design-Builder of the City's acceptance or rejection, in whole or in part, of such application for payment. Applications for payment must include lien waivers in arrears and all workforce participation compliance reporting as required by the City before funds will be released. Within sixty (60) Days after accepting such application, the City shall pay directly to the Design-Builder the appropriate amount for which application for payment is made, less amounts previously paid by the City. If such application is rejected in whole or in part, the City shall indicate the reasons for its rejection. If the City and the Design-Builder cannot agree on a revised amount then, within thirty (30) Days after its initial rejection in part of such application, the City shall pay directly to the Design-Builder the appropriate amount for those items not rejected by the City for which application for payment is made, less amounts previously paid by the City. Those items rejected by the City shall be due and payable when the reasons for the rejection have been removed. Payments due but unpaid pursuant to Subparagraph 10.1.2, less any amount retained pursuant to Paragraphs 10.2 and 10.3, may bear interest from the date payment is due at the prime rate prevailing at the place ofthe Project. The Design-Builder warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon receipt of such payment by the Design-Builder, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as liens. The City's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed an acceptance ofany Work not conforming to the requirements ofthe Contract Documents. Upon Substantial Completion of the Work, the City shall pay the Design-Builder the unpaid balance of the (i) Cost ofthe Wor£ (ii) Design Phase Services (if any) and (iii) the Design-Builder's Fee, less one-hundred fifty percent (150%) ofthe cost of completing any unfinished items as agreed to between the City and the Design-Builder as to extent and time for completion, fhe City thereafter shall pay the Design-Builder monthly the amount retained for unfinished items as each item is completed. NO PAYMENT FOR STORED MATERIALS AND EQUIPMENT Unless otherwise provided in the Contract Documents or approved in writing by the Commissioner, applications for payment may not include costs for materials and equipment not yet incorporated into the Work but delivered lo and suitably stored onsite or offsite, including applicable insurance, storage and costs incurred transporting the materials to an offsite storage facility. If City otherwise agrees to pay for stored material and equipment, approval of payment applications for stored materials an equipment stored offsite shall be conditioned on submission by the Design-Builder of bills of sale and proof of required insurance, or such other procedures satisfactory to the City to establish the proper valuation ofthe stored materials and equipment, the City's title to such materials and equipment, and to otherwise protect the City's interests therein including transportation to the site. RETAINAGE No retainage shall be withheld by the City. As a matter of prompt payment to Subcontractors as required by Section XIII.E of Exhibit 5, Design-Builder must not withhold retainage from Subcontractors in any form, including but not limited to administrative fees. ADJUSTMENT OF DESIGN-BUILDER'S APPLICATION FOR PAYMENT The City may adjust or reject an application for payment or nullify a previously approved Design-Builder application for payment, in whole or in part, as may reasonably be necessary to protect the City from loss or damage based upon the following, to the extent that the Design-Builder is responsible under this Agreement for any ofthe following: 10.3.1 the Design-Builder's repeated failure to perform the Work as required by the Contract Documents; loss or damage arising out of or relating to this Agreement and caused by the Design-Builder to the City or others to whom the City may be liable; the Design-Builder's failure to properly pay the Architect/Engineer, Subcontractors or Material Suppliers for labor, materials', equipment or supplies furnished in connection with the Work, provided that the City is making payments to the Design-Builder in accordance with the terms of this Agreement; Defective Work not corrected in a timely fashion; reasonable evidence of delay in performance of the Work such that the Work will not be completed by the Date of Substantial Completion or the Date of Final Completion, and that the unpaid balance ofthe GMP is not sufficient to offset any direct damages that may be sustained by the City as a result ofthe anticipated delay caused by the Design-Builder; and reasonable evidence demonstrating that the unpaid balance ofthe GMP is insufficient to fund the costs to complete the Work. third party claims involving the Design-Builder or reasonable evidence demonstrating that third-party claims are likely to be filed unless and until the Design-Builder furnishes the City with adequate security in the form of a surety bond, letter of credit or other collateral or commitment sufficient to discharge such claims if established. No later than seven (7) Days after receipt of an application for payment, the City shall give written notice to the Design-Builder, at the time of disapproving or nullifying all or part of an application for payment, stating its specific reasons for such disapproval or nullification, and the remedial actions to be taken by the Design-Builder in order to receive payment. When the above reasons for disapproving or nullifying an application for payment are removed, payment will be promptly made for the amount previously withheld. CITY OCCUPANCY OR USE OF COMPLETED OR PARTIALLY COMPLETED WORK 10.4.1 Portions of the Work that are completed or partially completed may be used or occupied by the City when (a) the portion ofthe Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) or sureties consent to the occupancy or use, and (c) appropriate public authorities authorize the occupancy or use. Such partial occupancy or use shall constitute Substantial Completion of that portion of the Work. The Design-Builder shall not unreasonably withhold consent to partial occupancy or use. The City shall not unreasonably refuse to accept partial occupancy or use, provided such partial occupancy or use is of value to the City. FINAL PAYMENT Final Payment, consisting ofthe unpaid balance under Section 10.1.6 and, if applicable, the unpaid balance of (i) the Cost of the Work, (ii) compensation for Design Phase services and (iii) the Design-Builder's Fee, shall be due and payable when the work is fully completed. Before issuance of final payment, the Design-Builder shall provide satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Work have been paid or otherwise satisfied. In accepting final payment, the Design-Builder waives all payment claims except those previously made in writing and which remain unsettled. 10.06 NO WAIVER OF RIGHTS BY CITY The City will not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance ofany Work and payment therefore, from showing the true amount and character of the Work performed and materials furnished by the Design-Builder, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact to the Agreement. The City will not be precluded or estopped, notwithstanding any such measurement, estimate or certificate and payment in accordance therewith, from recovering from the Design-Builder and its sureties such damages as the City may sustain by reason of Design-Builder's failure to comply with the Agreement. Neither approval nor acceptance by the City, nor any payment for the whole or any part ofthe Work, will operate as a waiver ofany portion ofthe Agreement, or ofany power herein reserved or any right to damages herein provided. A waiver ofany breach of the Agreement will not be held to be a waiver ofany other or subsequent breach. ARTICLE II INDEMNITY, INSURANCE, BONDS 1 1.01 INDEMNI TY Design-Builder must defend, indemnify, keep and hold harmless the City, its officers, representatives, elected and appointed officials, agents and employees (collectively, the "Indemnified Parties,") from and against any and all Losses (as defined below), arising out of or being in any way connected with the Design-Builder'sperformance under this Contract, except as otherwise provided in 740 ILCS 35 "Construction Contract Indemnification for Negligence. Act" if it applies, including those related to: injury, death or damage of or to any person or property, including but not limited to any accidental in juries or death suffered by Design-Builder's employees or employees of its Subcontractors; any infringement or violation ofany property right (including any patent, trademark or copyright); failure to pay or perform or cause to be paid or performed Contractors covenants and obligations as and when required under this Contract or otherwise to pay or perform its obligations to any Subcontractor. When 740 ILCS 35 applies, indemnification provided by the Design-Builder to the Indemnified Parties will be to the maximum extent permitted under applicable law. "Losses" means, individually and collectively, third-party claims of every kind, including monetary damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, fines, judgments or settlements, any or all of which in any way arise out of or relate to the negligent or otherwise wrongful errors, acts, or omissions of Design-Builder, its employees, agents and Subcontractors. The Design-Builder will promptly provide, or cause to be provided, to the Commissioner and the Corporation Counsel copies of such notices as Design-Builder may receive of any claims, actions, or suits as may be given or filed in connection with the Design-Builder's performance or the performance of any Subcontractor and for which the Indemnified Parties are entitled to indemnification hereunder. At the City Corporation Counsel's option, Design-Builder must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense ofany suit, without relieving Design-Builder of any of its obligations under this Contract. Any settlement must be made only with the prior written consent ofthe City Corporation Counsel, if the settlement requires any action on the part ofthe City. The Design-Builder shall be solely responsible for the defense of any and all claims, demands, or suits against the Indemnified Parties, including without limitation, claims by an employee, Subcontractors, agents, or servants of Design-Builder even though the claimant may allege that the Indemnified Parties were in charge of the work or service performed under the Contract, that it involves equipment owned or furnished by the Indemnified Parties, or allege negligence on the part ofthe Indemnified Parties, fhe City will have the right to require Design-Builder to provide the City with a separate defense of any such suit. To the extent permissible by law, Design-Builder waives any limits to the amount of its obligations to indemnify, defend or contribute to any sums due to third parties arising out ofany Losses, including but not limited to any limitations on Design-Builder's liability with respect to a claim by any employee of Design-Builder arising under the Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision (such as, Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155 (1991)). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. The indemnities in this section survive expiration or termination of this Contract for matters occurring or arising during the term of this Contract or as the result of or during the Design-Builder's performance of work or services beyond the term. Design-Builder acknowledges that the requirements set forth in this section to indemnify, keep and save harmless and defend the City are apart'from and not limited by the Design-Builder's duties under this Contract, including the insurance requirements set forth in the Contract. 1 1.02 DESIGN-BUILDER'S INSURANCE The insurance coverage that Design-Builder is required to carry pursuant to this Agreement is as set forth in Exhibit 10, "Insurance Requirements," attached hereto and incorporated by reference herein. 11.03 RISK OF LOSS The Work is under Design-Builder's charge and care until Final Completion , unless otherwise specified in the Contract. Design-Builder assumes all responsibility for injury or damage to the Work by action of the elements, including in jury or damage directly arising from the Design- Builder's execution or non-execution ofthe Work. Design-Builder must rebuild, repair, restore and make good, at no additional cost to the City, all injuries or damages caused by Design-Builder or its Subcontractors to any portion ofthe Work before Final Completion. . ' I 1.04 ROYALTIES, PATENTS AND COPYRIGHTS The Design-Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by the Design-Builder and incorporated in the Work. The Design-Builder shall defend, indemnify and hold the City harmless from all suits or claims for infringement ofany patent rights or copyrights arising out ofany patented or copyrighted materials, methods or systems specified by the City. 11.05 BONDING Performance and Payment Bonds are required of the Design-Builder. Design-Builder must deliver to the Commissioner a performance and payment bond in the amount of 100% of GMP. The performance bond must comply with the provisions of 30 ILCS 550/1 et.seq., as amended, and of § 2-92-030 ofthe Municipal Code, as amended. It must also be in the form of the performance and payment bond form as specified by the City. The surety or sureties issuing the bond must be acceptable to the Comptroller and must have a Best's Key Rating Guide of "B+," Class XI or greater and be listed in the most recently published "Listing of Approved Sureties" ofthe U.S. Department of the Treasury Circular 570, with underwriting limitations in excess of the Contract Price. The bond must cover the warranty period required by the Contract. Such Performance Bond shall be issued in the penal sum equal to one-hundred percent (100%>) ofthe GMP. Such Performance Bond shall cover the cost to complete the Work, but shall not cover any damages ofthe type specified to be covered by the insurance pursuant to Paragraph 11.2 and Paragraph 11.3, whether or not such insurance is provided or is in an amount sufficient to cover such damages. fhe penal sum ofthe Payment Bond shall equal the penal sum ofthe Performance Bond. The Design-Builder's Payment Bond for the Project, if any, shall be made available by the City for review and copying by the Subcontractor. 1 1.5.4 Any increase in the GMP Price that exceeds 10% ofthe aggregate shall require a rider to Bonds increasing penal sums accordingly. Up to such 10% amount, the penal sum ofthe bond shall remain equal to 100% ofthe GMP or as otherwise provided in Subparagraph I 1.7.2. The Design-Builder shall endeavor to keep its surety advised of changes within the scope ofthe initial Agreement potentially impacting the GMP or the Dates or Substantial Completion orFinal Completion, though the Design-Builder shall require that its surety waives any requirement to be notified ofany alteration or extension of time. 11.06 LIENS Provided the City has paid timely applicable portions of undisputed invoices, if any ofthe Design-Builder's subconsultants, Subcontractors, employees, officials, agents or other person directly or indirectly acting for, through or under any of them files or maintains a lien or claim pursuant to the Illinois Public Mechanics' Lien Act, 770 ILCS 60/23, against the public funds for the Project relating to timely paid portions of undisputed invoices, then the Design-Builder agrees to cause such liens and claims to be satisfied, removed or discharged within thirty (30) days from the date of filing thereof; provided, however, that the City may extend the thirty (30) day period if the City determines that such lien claim cannot be so satisfied, removed or discharged in such period and that the Design-Builder is proceeding diligently to cause such liens or claims to be satisfied, removed or discharged. Provided the City's has paid timely applicable portions of undisputed invoices, the City will have the.right, in addition to all other rights and remedies provided under this Agreement or by law, to cause such liens or claims relating to timely paid portions of undisputed invoices lo be satisfied, removed or discharged by any means at the Design-Builder's sole cost, such cost to include reasonable legal fees. The Design-Builder will give, or cause to be given, a copy of these provisions to all Subcontractors and will include these provisions in all agreements with Subcontractors, and/or give written notice to all Subcontractors or other persons having oral or written agreements with such Subcontractors. 1 1.07 LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except for damages mutually agreed upon by the Parties as liquidated damages in Paragraph 6.4 and excluding losses covered by insurance required by the Contract Documents, the City and the Design-Builder agree lo waive all claims against each other for any consequential, incidental, exemplary, or punitive damages that may arise out of or relate to this Agreement, except for those specific items of damages excluded from this waiver as mutually agreed upon by the Parties and identified below. The City agrees to waive consequential, incidental, exemplary, or punitive damages, including but not limited to the City's loss of use of the Project, loss of employee time or productivity, loss of reputation, or insolvency. The Design-Builder agrees to waive consequential, incidental, exemplary, or punitive damages including but not limited to loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity, loss of reputation, or insolvency. The provisions of this Paragraph shall also apply to the termination of this Agreement and shall survive such termination. For the avoidance of doubt, the following items of damages arc not intended to be included in City's waiver of Consequential Damages: (i) direct damage or destruction of City property caused by Design-Builder; or injury or death ofany City employee caused by Design-Builder; or the remedy of cost of cover as expressly set forth in this Agreement: or (iv) third-party claims relating to Design-Builder's indemnification obligations under Section 11.1; (v) damages resulting from Design-Builder's willful misconduct or gross negligence. The City and the Design-Builder shall require similar waivers in contracts with Subcontractors and Others retained for the Project. ARTICLE 12 SUSPENSION AND TERMINATION OF THE AGREEMENT AND CITY'S RIGHT TO PERFORM DESIGN-BUILDER'S RESPONSIBILITIES 12.01 SUSPENSION BY THE CITY FOR CONVENIENCE The City may order the Design-Builder in writing to suspend, delay or interrupt all or any part ofthe Work without cause for such period of time as the City may determine to be appropriate for its convenience. Adjustments caused by suspension, delay or interruption shall be made for increases in the GMP, compensation for Design Phase services (and corresponding Design-Builder's Fee), or the Date of Substantial Completion or the Date of Final Completion. No adjustment shall be made if the Design-Builder is or otherwise would have been responsible for the suspension, delay or interruption ofthe Work, or if another provision of this Agreement is applied to render an equitable adjustment. 12.02 CITY'S RIGHT TO PERFORM DESIGN-BUILDER'S OBLIGATIONS AND TERMINATION BY THE CITY FOR CAUSE If the Design-Builder persistently fails to perform any of its obligations under this Agreement, the City may, after fifteen (15) Days' written notice, during which period the Design-Builder fails to perform such obligation, undertake to perform such obligations. The GMP shall be reduced by the cost to the City of performing such obligations. Upon an additional seven (7) Days' written notice to the Design-Builder and the Design-Builder's surety, if any, the City may terminate this Agreement for any of the following reasons: if the Design-Builder persistently utilizes improper materials or inadequately qualified workers; if the Design-Builder does not make proper payment to laborers, Material Suppliers or Subcontractors, provided that the City is making payments to the Design-Builder in accordance with the terms of this Agreement; if the Design-Builder persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; if the Design-Builder refuses or fails to proceed promptly with an Interim Directed Change; or if the design-Builder otherwise materially breaches this Agreement. If the Design-Builder fails to cure or commence and continue to cure within the fifteen,(15) Days, the City, without prejudice to any other right or remedy, may take possession of the Worksite and complete the Work utilizing any reasonable means. In this event, the Design-Builder shall not have a right to further payment until the Work is completed. If the Design-Builder files a petition under the Bankruptcy Code, this Agreement shall terminate if the Design-Builder or the Design-Builder's trustee rejects the Agreement or, if there has been a default, the Design-Builder is unable to give adequate assurance that the Design-Builder will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. In the event the City exercises its rights under Subparagraph 12.2.1 or 12.2.2, upon the request ofthe Design-Builder the City shall provide a detailed accounting of the cost incurred by the City. 12.03 CITY'S REMEDIES Upon an event of default, the City may invoke any or all of the following remedies: The right of set off against any payments due or to become due to the Design-Builder. The right to take over and complete the Work, or any part thereof, either directly or through others. The City may exercise its right to take assignment of any or all of the Design-Builder's subcontracts, material and equipment to complete the Work. In the event a collateral assignment has not been executed, then Design-Builder will execute, or cause to be executed, any assignment, agreement or other document which may be necessary, in the sole opinion ofthe City's legal counsel, to evidence or effect compliance with this provision. The Design-Builder will promptly deliver such documents upon the City's request. In the case of any Subcontractor so assigned and accepted by the City, the Design-Builder will remain liable to the Subcontractor for any payment already invoiced to and paid by the City, and for any claim, suit or cause of action based on or the result ofany fault, negligent act, failure to act, error, omission, fraud, willful or intentionally tortious conduct, or any other act or omission, or breach of the Agreement by the Design-Builder, its officers, employees, agents and other Subcontractors, arising prior to the date of assignment to the City, when such claim, suit or cause of action has not been discharged, disposed of, or otherwise resolved as of that date. The Design-Builder shall include the requirements of this paragraph in each of its subcontracts. The City's right to take over and complete the Work shall include the City's right to use material and equipment, whether owned or leased, which is within the scope of the Work or necessary for the completion thereof which has been paid for by the City, whether located on or off the Project Site. The Design-Builder will receive no further payment, if any, until the Work is completed. In the event of termination, all costs and charges incurred by the City, together with any cost of completing the Work, will be deducted from any moneys due or which may become due lo the Design-Builder. In case the expense so incurred by the City will be less than the sum which would have been payable under the Agreement, if it had been completed by the Design-Builder and had not been forfeited by the Design-Builder, then the Design-Builder will be entitled to receive the difference, subject to any claims orliens thereon, which may have been filed or any prior assignment filed with the City. In case the expense incurred by the City will exceed the sum which would have been payable under the Agreement, the Design-Builder and its surety will be liable and will pay to the City the amount of such excess. The right to terminate the Agreement as to any or all Work yet to be performed. The right of limited specific performance as identified below: Immediate transfer of title and delivery of permanent equipment or materials; Immediate delivery and transfer of software, software licenses, project-related data files/data bases, and other intellectual property rights; Immediate assignment of purchase orders and leases; Reasonable access to Key Personnel, who do not necessarily have to be physically present in Chicago. The right of money damages, including, but not limited to, all expert witness or other consultant fees, and court costs, which the City may incur in connection with any claim, suit or action based upon, related to or arising from, directly or indirectly, an event of default hereunder. The right to withhold all or any part of Design-Builder's compensation. The right to deem the Design-Builder (including any partners, in the event Design-Builder is a joint venture, or members, in the event Design-Builder is a limited liability corporation) non-responsible in future procurements by the City. The right to take over the Work, or contract with another design-builder, including, but not limited to, any Subcontractors, and hold Design-Builder liable for any amounts paid for such Work above what the City would have paid the Design-Builder for that same Work. Design-Builder will assign any of its subcontracts to the City that the City may request. 12.3.10 The right to declare Design-Builder (including any partners, in the event Design-Builder is a joint venture, or members, in the event Design-Builder is a limited liability corporation) in default under other contracts Design-Builder has with the City. 12.04 NON-EXCLUSIVITY The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies provided, but each and every remedy will be cumulative and will be in addition to any other remedies existing now or hereafter at law, or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power, nor will it be construed as a waiver ofany event of default or acquiescence therein, and every such right and power may be exercised from time to time and as often as the City may deem expedient. COURT DETERMINATION OF WRONGFUL TERMINATION In the event a court of competent jurisdiction determines that the City's termination for cause was wrongful, such termination shall be deemed a termination without cause under Paragraph 12.6 and the terms of Paragraph 12.6 will apply. TERMINATION BY CITY WITHOUT CAUSE If the City terminates this Agreement other than as set forth in Paragraph 12.2, the City shall pay the Design-Builder for all Work, executed, plus all demobilization costs. The City shall also pay to the Design-Builder fair compensation, either by purchase or rental at the election of the City, for all equipment retained. The City shall assume and become liable for obligations, commitments and unsettled claims that the Design-Builder has previously undertaken or incurred in good faith in connection with the Work or as a result ofthe termination of this Agreement. As a condition of receiving the payments provided under this Article 12, the Design-Builder shall cooperate with the City by taking all steps necessary to accomplish the legal assignment ofthe Design-Builder's rights and benefits to the City, including the execution and delivery of required papers. ARTICLE 13 DISPUTE MITIGATION AND RESOLTUION GENERAL Compliance with the provisions in this Article 13 is a precondition to seeking judicial review of an adverse decision of the Chief Procurement Officer. Design-Builder must not withhold performance of and must prosecute any Work required by the Commissioner while Design-Builder's claim, including judicial resolution, if any, is pending. Design-Builder must prosecute all of Design-Builder's Work including any disputed Work with the same diligence and effort as if no dispute existed. Neither the Chief Procurement Officer's determination, nor the continued performance by either party, constitutes an admission as to any factual and/or legal position in connection with the dispute or a waiver ofany rights under the Agreement. CLAIMS This provision applies to all claims under this Agreement, including those for time, money, or both. Procedures. Within 14 days after a basis for claim arises, Design-Builder must submit Design-Builders claim in writing to the City's resident engineer or its project manager ("Commissioner's Representative). This written claim to the Commissioner's Representative will constitute "notice" to the City for purposes of determining initial timeliness ofthe claim; oral notice is insufficient. If Design-Builder and the Commissioner's Representative are unable to promptly (depending upon the complexity ofthe matter) resolve the claim, Design-Builder must forward Design-Builder's claim in writing to the Commissioner together with the documents listed in (a) through (d) below (collectively, "Design-Builder's documents"). Design-Builder must include: a. A general statement ofthe basis for the claim, b. Reference to the applicable Agreement provisions, ¦c. All records that support the claim, and d. All documents that relate to it, such as correspondence, and that are reasonably necessary for the Commissioner to resolve the claim. It is Design-Builder's responsibility to furnish Design-Builder documents to the Commissioner at the time Design-Builder forwards the claim, as, with or without the supporting documentation, the Commissioner has 30 days to respond in writing to Design-Builder after he has received the claim. Incomplete information may result in an adverse response. The response may be in the form of a Contract Modification or Change Order. The Commissioner will provide within 30 Days a written response to the Design-Builder's documents. The Commissioner may, at his sole option, forgo the opportunity to respond directly to Design-Builder's claim by referring it with all Design-Builder documentation and a Request for Resolution of Dispute to the Chief Procurement Officer and supplying such additional documentation as the Chief Procurement Officer may require. 13.03 Disputes Invoking Dispute Resolution Procedures. If Design-Builder disputes the Commissioner's resolution or denial of Design-Builder's claim,, Design-Builder has 15 days to forward Design-Builder's claim and Design-Builder's documentation to the Chief Procurement Officer indicating that Design-Builder is requesting resolution of a dispute and showing that Design-Builder has complied with the preceding claims procedures. The 15-day period to invoke dispute resolution by the Chief Procurement Officer is counted from the date the Commissioner's written resolution was sent to Design-Builder Waiver. If Design-Builder fails to file a Request for Resolution of Dispute with the Chief Procurement Officer within the 15-day period Design-Builder will have waived Design-Builder's claim, the right to make the claim later, and the right to dispute its resolution or denial. Dispute Procedures. Once the dispute resolution procedures are invoked, the Chief Procurement Officer will proceed to a final and binding decision under such rules and regulations as he from time to time promulgates. A copy of those rules and/or regulations is available through the Department of Procurement Services. The Chief Procurement Officer's decision will be implemented through a Contract Modification or Change Order, if required, that will be made a part ofthe Agreement with Design-Builder's signature or without it should Design-Builder refuse to sign the Contract Modification. If either Design-Builder or the Commissioner disagree(s) with the decision ofthe Chief Procurement Officer, the exclusive remedy is judicial review by a common law writ of certiorari. Unless such review is sought within 35 days of receipt ofthe Chief Procurement Officer's decision, all rights to seek judicial review are waived. ARTICLE 14 MISCELLAENOUS PROVISIONS 14.01 ASSIGNMENT Neither the City nor the Design-Builder shall assign its interest in this Agreement without the written consent ofthe other except as to the assignment of proceeds. The terms and conditions of this Agreement shall be binding upon both Parties, their partners, successors, assigns and legal representatives. Neither Party to this Agreement shall assign the Agreement as a whole without written consent of the other except that the City may assign the Agreement to a wholly-owned subsidiary ofthe City when the City has fully indemnified the Design-Builder or to an institutional lender providing construction financing for the Project as long as the assignment is no less favorable to the Design-Builder than this Agreement. In the event of such assignment, the Design-Builder shall execute all consents reasonably required. In such event, the wholly-owned subsidiary or lender shall assume the City's rights and obligations under the Contract Documents. If either Party attempts to make such an assignment, that Party shall nevertheless remain legally responsible for all obligations under the Agreement, unless otherwise agreed by the other Party. GOVERNING LAW This Agreement is governed in accordance with the laws ofthe State of Illinois without regard to choice of law principles. Design-Builder irrevocably submits, and will cause its Subcontractors to submit, to the original jurisdiction of those State or Federal courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Agreement. Design-Builder consents to service of process on Design-Builder, at the option ofthe City, either by registered or certified mail addressed to the applicable office as provided for in this Agreement, by registered or certified mail addressed to the office actually maintained by Design-Builder, or by personal delivery on any of Design-Builder's officers, directors, or managing or general agents. SEVERABILITY The partial or complete invalidity ofany one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. NO WAIVER OF PERFORMANCE The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. TITLES AND GROUPINGS The titles given to the articles of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. The grouping ofthe articles in this Agreement and ofthe City's specifications under the various headings is solely for the purpose of convenient organization and in no event shall the grouping of provisions, the use of paragraphs or the use of headings be construed to limit or alter the meaning ofany provisions,. JOINT DRAFTING The Parties to this Agreement expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party, abut shall be construed in a neutral manner. ARTICLE 15 EXISTING CONTRACT DOCUMENTS REQUEST FOR PROPOSALS [INCORPORATED BY REFERNCE] (EXHIBIT 2) ACKNOWLEDGMENT (EXHIBIT 3) BOOK 1 - CITY'S STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION (EXHIBIT 5) CONTRACT SIGNATURE PAGE Contract No. 68539 Specification No. 611788 Vendor Name: Hunt Construction Group, Inc. Total Amount (Value): Fund Chargeable: DESIGN-BUILDER: Hunt Construction Group Inc. (a subsidiary of AECOM Technical Services, Inc.) By: Name: Its: Attest: State of County of This instrument was acknowledged before me on this day of , 20 by as President (or other authorized officer) and as Secretary of (Corporation Name). (Seal) Notary Public Signature Commission Expires: CITY OF CHICAGO Commissioner of Fleet and Facility Management EXHIBIT 1: PROJECT PROGRAM The program for the Replacement Facilities for 2FM Operations Relocated from 1685 North Throop Street is comprised of three unique project sites whose general parameters and requirements along with narrative descriptions of the Work are summarized in this Exhibit 1. Detailed Project specifications and drawings along with specific descriptions of the scope of work provided by the Design-Builder can be found in Exhibit 4 of this Design Build Agreement. Definition Notes: "Provided" means furnish and installed; "Furnished" means supply equipment and materials, installation not included. 1. Main Heavy-Duty Vehicle Repair Facility - 210 W. 69th Street: The main 2FM heavy-duty vehicle repair shop will be built on a 12.9-acre vacant site, the former location of Kennedy King College. The site is bounded by Marquette Road on the north, Wentworth Avenue on the east, 69th Street on the south, and the N.I.R.C. train tracks on the west. The Design-Builder is responsible for providing and installing the following (unless otherwise noted): Site Improvements Fencing: o 8'-0" ornamental security fence, surrounding the heavy-duty vehicle storage lot; running the length ofthe West and North lot line, and along Wentworth Avenue, north ofthe Main Shop building. Portions of existing fence may be reused. o 4'-0" ornamental fence, enclosing the South edge of the site along 69th Street and along Wentworth Boulevard south of the main building. Staff Parking Lot: o 160 parking spaces, paved with asphalt, located on 69th Street adjacent to the administrative building, of which five parking spaces will be dedicated for the future installation of electric vehicle charging stations, provided by the City. Vehicle charging stations are to be provided by City. Heavy-duty Vehicle Parking Lot: o Situated within the northern portion ofthe site with the primary driveway located on Marquette Avenue, and an alternate heavy-duty vehicle exit onto 69,h Street. Asphalt paved drive aisles and compressed gravel vehicle parking areas o Dedicated location for parking twenty spare/loaner fire'trucks; Design-Builder to provide underground electric conduit and gas piping to designated location; City to provide future electrical cabling and connections to City provided fire truck charging ports and connections to future City provided natural gas heaters. Landscaping: o As per the approved Amended Planned Development zoning, o Parkway trees along 69lh Street Exhibit I Program Summary o Rows of shade trees, low height shrubs, and lawn within an enlarged 30'-0" landscape set back,along 69lh Street, o Shade trees, low shrubs and lawn within the landscaping setback areas along both Wentworth Ave., Marquette Street, within the staff parking area, and within the two storm-water detention basins. Storm-water Management: Two storm-water detention ponds, along with heavy-duty vehicle parking area graded (gravel and asphalt) to accommodate temporary surface ponding when storm water exceeds detention pond capacity. Security Booth: provided by City, Design-Builder provides slab on grade platform, underground electric conduit and wire and data conduit stubbed out to the designated location Main Heavy-Duty Vehicle Repair Building Approximately 155,500 square foot facility custom designed to be the primary 2FM heavy-duty vehicle repair and maintenance workshop along with truck dispatch center and fleet administration offices. The single building is subdivided into -133,000 sq. ft. of workshop and -22,500 sq. ft. of administrative/support spaces. Workshop: -133,000 sq. ft. - 98 maintenance bays Pre-engineered -35 ft. high-bay metal building, with 4 ft. concrete wainscot base; Natural gas heat to maintain a temperature of 65 degrees; no air conditioning; Fire suppression sprinkler system with central station monitored lire alarm system; Ventilated to monitor and maintain air quality as per Chicago building code; 100,000 lbs. parallelogram lifts: Two (2 no.) of 98 maintenance bays designated for lifts that are provided by City: Design-Builder provides required electric power and compressed air to a single point of connection at each bay; 7.5 ton. overhead crane: (11) of 98 maintenance bays supported by overhead crane provided by Design-Builder; Swing arm cranes: (2) swing arm cranes furnished by City installed by Design-Builder; Paint Booth: designated area with utility and ventilation stub outs to support one City provided paint booth; Sand Blast Room: designated area with utility and ventilation stub outs to support City provided sand blast equipment; Washbay: designated contained area with separate overhead doors for washing trucks; including hot pressure washing system; wash platform(s) and any other specific wash bay equipment provided by City; NAPA Parts: designated secured area for NAPA parts operation, (warehouse shelving not included): Vehicle Exhaust Ventilation System: Exhibit I Program Summary Oil/Fluids Storage and Delivery system; (trestles, hose reels, hoses, nozzles, meters and support structures furnished by City); Compressed Air Distribution System: (compressor, tanks, and dryer furnished by City); Blacksmith/Sheet metal Workshop; designated area with electric power and compressed air to support City provided metal working equipment; Check-in and Reception Area; Tool Storage Area: City provided steel fencing and gates to secure tool area. Wireless LAN System: conduit and cable provided by Design Builder; devices and final connections provided by City; Back-up Emergency Power System: sufficient to support 25% lighting in Workshop, a receptacle at every 3 bays, 5 welder receptacles, 20 receptacles for fire spares building, all exhaust fans, vehicle exhaust system, compressed air system, all OH doors, OH crane, heating, emergency lighting and systems, access control and security systems, and six site lighting poles. (500kw diesel generator furnished by City). Design Builder to provide location and connection points for future second generator. Administrative Building Two-story attached -22,500 sq. ft. steel frame structure with prefabricated insulated metal panel and storefront glass building envelope containing the following spaces: Heavy-Duty Vehicle Dispatch Room: all equipment provided by City; Community Room; Men's and Women's Locker/Shower Rooms, (refer to Exhibit 4 for items provided by City, such as lockers): Commissioner's and Deputy Commissioner's Offices; Foremen and Director's Offices; Open office space for City provided cubicle workstations; Office support areas: conference rooms, break rooms print areas, & janitor/utility closets; 25 linear feet of base cabinet casework, countertops and plumbing fixtures; Furniture. Fixtures, and Equipment (FF&E): provided by City. Elevator: 2-stop passenger elevator 2. Satellite Heavy-Dury Vehicle Repair Facility - 4241 N. Neenah Ave. fhe north side satellite heavy-duty vehicle repair facility will be built on a portion ofthe existing ~9.8-acre City-owned 38,h Ward Yard site. The Design-Builder is responsible for providing and installing the following (unless otherwise noted): Exhibit I Program Summary Site Improvements Primary site access connections to existing bituminous road provided by'Wilbur Wright College; Driveways: compacted gravel driveways capable of supporting heavy-duty trucks will be the primary means of navigating the site; Garage Door Aprons: asphalt paved areas located at each garage entrance and at the wash bay entrance: Staff Parking: 10 asphalt paved staff parking spaces: adjacent to the southern building facade; Electric Vehicle Charging Station: One of 10 parking spaces designated as electric vehicle charging station; o Vehicle charging stations provided by City; Landscaping: trees, shrubs and grass as per approved landscape plan, planted along street setback located at the northeast corner of the site as well as around the northern and western facades ofthe building and within storm-water management pond; Storm-water Management: A storm-water detention pond will be provided along the western property line directly south ofthe Satellite Shop building. Satellite Vehicle Repair Building -30,500 square foot facility custom designed to be the primary heavy-duty vehicle maintenance facility for the north side of Chicago. The pre-engineered metal building houses two primary functions; the vehicle workshop and the supporting administrative functions. Workshop: -23,500 sq. ft. - 26 maintenance bays Overhead Crane: Four (4 no.) of 26 maintenance bays supported by 7.5 ton. overhead crane provided by Design-Builder; Washbay: designated contained area with separate overhead doors for washing trucks; including hot pressure washing system; wash platform(s) and other specific washbay equipment provided by City; NAPA Parts: designated secured area for NAPA parts operation, (warehouse shelving not included); Vehicle Exhaust Ventilation System; Oil/Fluids Storage and Delivery system: (all new hose spools, hoses, nozzles, meters, and support structures provided by Design-Builder); Compressed Air Distribution System: (compressor, tanks, and dryer furnished by City); Blacksmith/Sheet metal Workshop; designated area with electric power and compressed air to support City provided metal working equipment; Tool Storage Area(s): City provided steel fencing and gates lo secure tool areas; Fire Alarm: central station monitored lire alarm system; Exhibit I Program Summary Wireless LAN System: conduit and cable provided by Design Builder; devices and final connections provided by City; Back-up Emergency Power System: for life safety systems utilizing 75kw natural gas generator. Administrative Area -7,000 sq. ft. containing the following spaces: Men's and Women's Locker/Shower Rooms; refer to Exhibit 4 or items provided by City, such as lockers; Manager's Office; Open office space for City provided cubicle workstations; Office support areas: break room^print area, and janitor/utility closet; Furniture, Fixtures, and Equipment (FF&E): provided by City. 3. City Of Chicago Fueling Station - 1152 N. North Branch St.: A City fueling station will be built on a portion of the existing Chicago. Streets and Sanitation site located at 1 150 N. North Branch Street, which currently houses the City's Household Chemicals and Computer Recycling Center. The ~ 2.2 acre City-owned site located along the north branch of the Chicago River also contains a Ward Yard building along the eastern edge ofthe site which will be demolished by the Design-Builder to make room for the new fueling station, 'fhe Design-Builder is responsible for providing and installing the following (unless otherwise noted): Site Improvements Demolition: demolish and properly dispose of existing Ward Yard building; Driveways: concrete enlarged driveway(s) designed for heavy-duty fleet vehicles entering from the northern end, circling through the site, utilizing the fueling dispensers, and exiting back onto North Branch Street; Parking Spaces: 9 parking spaces along the northern property line; Landscaping: shade trees, shrubs, groundcover, and a seed mix planted along the northern and southern boundaries and seed mix planted within the existing storm-water detention basin; Storm-water Management: re-grading and deepening of existing storm-water detention basin; along with site grading and underground piping that collects storm water at eastern edge of site and transports it underground to enlarged existing detention basin. Fueling Station fhe fueling station facility will consist of five (5) fueling islands, each supplied by one or more ofthe following four (4) primary fueling related systems; Diesel fueling system: Two (2) - 12,000 gallon underground tanks: Unleaded Gas fueling system: One (1) - 20,000 gallon underground tank; E85 Gas fueling system: One (1) above ground tank (furnished by City): and Diesel Exhaust Fluid system One (1) above ground tank (furnished by City). Exhibit 1 Program Summary Note: For City furnished fueling system components, any remaining elements required for each system, excluding a fuel management system, will be provided by Design-Builder. Fuel Island Canopy: five fueling islands covered by a single steel canopy with lighting; Fuel Dispensing Pumps: as per drawings, minimum of two (2) pumps per island; (two-hose pumps on four islands and one-hose pumps on fifth island; Fuel Management System: provided by City, Design-Builder to supply required electrical conduit and mounting supports Compressed Air: Single point of use compressed air. City to furnish compressor for installation by Design Builder. Fueling Attendant's Station An approximately 600 sq. ft. portion ofthe existing Household Chemicals and Computer Recycling Center building will be renovated and readapted to provide appropriate space for the fueling attendant's operations, including the following: Attendant's Station; with windows providing views of fueling islands; Back-up Emergency Power System: Design-Builder provides 50kw diesel generator for fueling system operations: New corridor; Fluids Storeroom: (City provided metal fencing and gate); Furniture, Fixtures, and Equipment (FF&E) provided by City; Utilities from existing building will be used to support the Attendant's Station operations Administrative Relief: Pre-planning meetings with city departments resulted in certain commitments of administrative relief for specific City requirements; the following list defines several such agreements but is not all-inclusive: Fire rating of exterior non-bearing walls has been waived for the Main Fleavy-Duty Vehicle Repair workshop. Thermal barrier on the inside face ofthe insulated mental panels within the workshop space for both the Main and Satellite Shops has. been waived. A reduction from the Landscape Ordinance for the number of trees to be planted at each site, refer to Landscape drawings for respective sites. Permission lo provide an 8'-0'" ornamental security fence for the Main Shop site. Extra wide drive way widths for both the Main Shop and the Fueling Station. All fees associated with permits, permit reviews, and inspections fees shall be waived. Exhibit I Program Summary Replacement Facilities for 2F.M Operations Relocated From 1685 North Throop St AS^QM HUNT City / Design-Builder Responsibility Matrix Tliis Responsibility Matrix is intended to support the content of the Contract Documents and Exhbit 1, and clarify responsibility where elements of the program could be construed as having a shared responsibility between the differing contracted parties. Responsibility Legend: City of Chicago ("City"); Design-Builder ("DrB") • GiF;GJ - Ciry¥umished, Cif^mstalled CJ.D.I - City,Furnished, D-B Installed D.F.D I - D-B Furnished, D-B Installed. Space,Classification/Item _ ' „ ' *"* Sub Item.':' . •?*.:.» ' . _ Furnish and Install Responsibility ¦>'C.F.C.fcHlfe-FJ)J: I P.F.D.I. ^ SITE Guard Booth Guard booth X Slab on grade base X Electrical conduit and cabling X Telecommunications conduit X Telecommunications cabling X Future Fire Spares Building (Add Alternate ) Single electrical conduit and wire to proposed location X Single gas pipe to proposed location X Future final electric & gas connections X Electric Vehicle (EV) Charging Stations Charging stations X Power and data conduits to EV charging stations X Power and data cables to EV charging stations X Parking Control System (arm barriers at Marquette St driveway) X BUILDING FURNITURE/ACCESSORIES Furniture; desks, tables, chairs, sofas, marker boards, benches, etc. X A/V equipment, televisions, television mounts, projectors, projection screens, speakers, etc. X Microwaves X Refrigerators X Sinks X Garbage disposals, where applicable X Vending machines X Waste and recycling receptacles X Computers and monitors X Printers X Filing cabuiets X Casework and countertops - refer to drawings for locations provided. All others CFCI X Lockers X Toilet Accessories Toilet paper dispensers, seat cover dispensers, sanitary napkin disposal, soap dispensers, paper towel dispensers, trash receptacles, shelves, etc. X Toilets, urinals, lavatories, plumbing fixtures, toilet partitions, mirrors, and grab bars X Interior metal fencing partitions X Washbay platform, including related stairs, railings, etc X Artwork X Fire extinguisher cabinets X Fire extinguishers X BUILDING EQUIPMENT Parallelogram lifts Parallelogram lifts X Compressed an and electrical snib outs to each Parallelogram lift ¦ X Paint booth Exhibit I Program Summary Replacement Facilities for 2FM Operations Relocated From 1685 North Throop St J^^^OM HUNT City / Design-Builder Responsibility Matrix . Spac^CIassificaHon /Item ,¦ ': ¦"• .', Sub Item* . ' ¦ V: . -' <" ¦ • Furnish arid Install Res jonsibibty c.F-:el'ii D.F.D.I. ; Physical booth and equipment X Dedicated space within building and base building support services X Sand blast booth Physical booth and equipment X Dedicated space within building and base building support services X Work Bay Fall Arrest System Miscellaneous steel hung from building structural steel allowing for provision of a future fall arrest system X Fall arrest system, including additional misc steel, connections, cabling, etc. X 5 ton swing ami cranes X 3.5 ton stationary hydraulic piston repair crane X BUILDING SYSTEMS Security Surveillance Svsteni Switch. DVR. UPS, cameras, software, testing, startup, etc X Rack, patch panel, conduit, and cabling X Wi-Fi System Access points equipment, servers, antennas, switches, software, testing, startup, etc. X Rack, conduit, and cabling X Access Control Control paneL card readers, biometnc readers, position switches, duress buttons, intercoms, software, testmg. startup, etc. X Rack, door strikes, conduit, and cabling X Telecom/Voice over Data Phones, switches, software, testmg. startup. X Patch panels, rack, conduit, and cablmg X Data Network Servers, switches, point of use equipment, software, testing, startup, etc X Patch panels, rack, conduit, and cabling X Compressed Air Systems (Workshops) Compressors, dryers, filters X Piping and connections X FUELING SYSTEMS Exterior Compressed Air Tire Inflating Equipment (Fueling Island) X Fueling Management System Control system, card readers, pedestals, startup testmg. software, computers, etc X Power conduit & wires and data conduit & cables to each fueling island X ESS Fuel System Fuel storage tank X Piping and dispensers X Diesel Exhaust Fluid (DEF) System DEF storase tank X Piping and dispensers X Exhibit 1 Program Summary EXHIBIT 2: REQUEST FOR PROPOSAL Request for Proposals (RFP): Relocation of 1685 N. Throop Operations Project Issued on May 30, 2017 Amended on June 19, 2017 (Addendum # 1) and June 28, 2017 (Addendum #2) And available on Chicago Infrastructure Trust Website at: project/
Exhibit 2
Request for Proposal
EXHIBIT 3: ACKNOWLDEGEMENT
[SEE FOLLOWING PAGES]
ACKNOWLEDGEMENT OF SELECTED RESPONDENT
This Acknowledgement is made as ofthe 11th day of September 2017 by AECOM Technical Services, Inc., a California corporation ("Selected Respondent"),
WHEREAS, the Chicago Infrastructure Trust ("CIT"), on behalf of the City of Chicago ("City"), issued a Request for Proposals ("RFP) for a Developer to design, construct, and finance the development of multiple replacement facilities for the City's Fleet and Facilities Management ("2FM") operations previously performed at 1685 North Throop Street ( "Project");
WHEREAS, the Project will proceed in two distinct phases: (i) a collaborative Design Development Phase that, if completed to the City's satisfaction, may lead to (ii) a final Design-Build-("DB") Phase and DB Agreement;
WHEREAS, Selected Respondent acknowledges that the Design Development Phase is part of the selection process for a final agreement with a DB entity, and therefore Selected Respondent will be compensated for its Design Development Phase services, if it successfully meets the conditions stated herein, subject to City Council approval and an executed contract with the City;
WHEREAS, the City has notified Selected Respondent that it has been selected to advance to the Design Development Phase ofthe procurement process, which involves Selected Respondent's development of certain architectural and engineering designs as specified in the Attachments hereto (the "Design Development Phase Documents");
WHEREAS, Selected Respondent acknowledges that it must work collaboratively with the City to produce the Design Development Phase Documents ("Design Development Phase Services"); and
WHEREAS, Selected Respondent wishes to acknowledge that it, on behalf of itself and its subcontractors, will only be entitled to compensation for the work in this Design Development Phase, when (i) the Commissioner approves the Design Development Phase Documents, which approval shall not be unreasonably withheld, (ii) the Commissioner decides, in his absolute discretion, to recommend to the City Council a payment of some form, (iii) the City Council authorizes, in its discretion, payment for the Design Services, which approval may'involve authorizing the Selected Respondent to proceed with the construction ofthe Project, and (iv) a contract is executed with the City;
NOW, THEREFORE, the parties agree as follows:
Incorporation of Recitals. The recitals are incorporated herein.
Commencement and Completion of Design Development Phase. Selected Respondent acknowledges that it has received written notice of their selection from the Executive Director of the CIT and will commence and complete the Design Development Phase Services specified in the Attachments hereto. Selected Respondent understands that its performance during the Design Development Phase will be taken into account in determining whether to select Selected Respondent for a final DB Project agreement. Selected Respondent agrees to work collaboratively with the City during this Design Development Phase. The Design Development Phase Documents produced by the Selected Respondent in this phase shall meet the requirements as set forth in Attachment 1 hereof ("Design Development Phase Services Requirements"). Selected Respondent shall complete the Design Development Phase Services in accordance with the schedule attached as Attachment 2 ("Design Development Phase Schedule"). Selected Respondent acknowledges that it will fully comply with the terms of this Acknowledgement and the terms and conditions attached as Attachment 3 ("City Design Services Terms and Conditions"), including, without limitation, the M/WBE provisions contained therein.
Exhibit 3
Acknowledgement
Design Development Phase Compensation. Selected Respondent acknowledges and agrees that it will be entitled to compensation for the Design Services solely under the terms outlined in Section 3.1.5 of the RFP. Selected Respondent also acknowledges that any compensation for Design Services performed by the DB team will be based on the fully loaded hourly rates and not-to-exceed prices specified in Attachment 4 ("Compensation").
Ownership. All deliverables, including but not limited to the Design Development Phase Documents and site investigation services, (defined as Third Party Reimbursables in the RFP), in any form prepared or provided by Selected Respondent during the Design Development Phase, including all copyrights inherent in them or their preparation, shall remain the property of the Selected Respondent during the Design Development Phase. However, upon the acceptance and approval by the Commissioner, City Council approval, and subsequent payment for such Design Documents and Third Party Reimbursables the title to, and ownership of, all such Design Development Phase Documents and Third Party site investigation documents, including all copyrights inherent in them or their preparation, will become the property ofthe City. At such time, Selected Respondent will, and hereby does, irrevocably grant, assign, transfer and deliver to the City, all right, title and interest in and to the copyright and other intangible, intellectual property embodied in or pertaining to such Design Development Phase Documents and Third Party site investigation documents. Selected Respondent acknowledges that it will, and will cause all of its subcontractors, employees, agents and other persons within its control to, execute all documents and perform all acts that required to perfect City' rights in and to the copyrights relating to the Design Documents and Third Party site exploration documents, or any portion thereof.
MBE/WBE. If Selected Respondent enters into a DB agreement with the City covering Project design and construction, its aggregate MBE/WBE compliance will take into account the participation that it achieved during the Design Development Phase contemplated by this Acknowledgement.
No Contractual Relationship. Selected Respondent acknowledges that no contractual relationship is created by the terms of this Acknowledgement and that Selected Respondent's Design Development Phase Services will be done as part of the City's selection process for the Project.
Records. Selected Respondent will maintain records sufficient to document the actual cost of the services provided during the Design Development Phase, in a manner as required in Attachment 4.
Early Termination. The City may, at any time, request that Selected Respondent terminate its activities, and if so requested, Selected Respondent will do so, with no liability accruing to the City.
Waiver of City and CIT Liability. Selected Respondent, on behalf of itself and its subcontractors, acknowledges that the City and the CIT have no liability, under any theory whatsoever, including, without limitation, contract, tort, promissory estoppel, and detrimental reliance, with respect to the matters contained in this Acknowledgement and that City liability will only arise under the conditions set forth in this Acknowledgement. Selected Respondent shall obtain from each subcontractor an acknowledgement of the terms of this Acknowledgement.
Exhibit 3
Acknowledgement
Date: September 11, 2017
/0--YC
Denise M. Casalino, PE Senior Vice President AECOM Technical Services, Inc.
Exhibit 3
Acknowledgement
Attachment 1
DESIGN DEVELOPMENT PHASE SERVICES REQUIREMENTS
Design Development Phase Scope of Work
As outlined in RFP Section 3.1.4 and further defined below, this Design Development Phase Scope of Work is to be used as a general guide and is not intended to be an all-inclusive list of all work necessary to complete the Design Development Phase Services.
• Complete and refine Project design, including but not limited to the following tasks:
o Schematic Design Services:
Review and confirm 2FM's conceptual programs, budget, and schedule;
Present alternative Project approaches to design and construction, including feasible environmentally responsible design approaches, as prioritized within the City of Chicago sustainability plan, Sustainable Chicago.
Prepare and present, for City approval, Schematic Design Documents that incorporate and illustrate the scale and proximity relationships of all Project components, as further described below.
Submit to the City a preliminary estimate of the Cost of the Work based on Schematic Design, as further described below.
o Design Development Services:
Prepare Design Development Documents for the City's approval.
Update schedule, if necessary.
Update the estimate of the Cost of the Work provided as part of the Schematic Design Services Preliminary Guaranteed Maximum Price ("GMP") Services.
Submit the Design Development Documents, as further described below, along with associated GMP, for Commissioner approval.
o Final Design Document Services:
Prepare Final Design Documents, as further described below, for Commissioner's approval.
Update schedule, if necessary.
Submit updated estimate of the Cost of the Work which shall serve as basis for the GMP for the DB Agreement (the GMP shall include an allowance for any Developer's Fees, soft costs, and any other potential Project costs).
Obtain and provide required site information, such as surveys, environmental consultation and geotechnical assessments and analysis for the new structures. Any such site investigation document should include written certification, from the licensed entity responsible for providing the relevant services, that the documents can be relied upon for the permitting and construction of the subject facility.
Provide design services to meet Local, State and Federal codes and regulations for all sites.
Refine and finalize Project Design and Construction Schedule. v
Facilitate project permitting and zoning processes, including:
o Submit necessary permit applications, including entitlement approval requests from other governing bodies in accordance with the Design Development and
Exhibit 3
Acknowledgement
Construction schedule (note: permit preparation work may extend beyond the Design Development scope); o Provide required permit drawings and construction documents, with any required stamps and signatures from appropriately licensed architects and engineers in accordance with the Design Development and Construction schedule (note that permit preparation work, including stamping of documents, may extend beyond the Design Development scope); o Attend any necessary meetings with permitting/zoning authorities; and o Assist CIT and 2FM with any required zoning changes and related processes.
Design Development Phase Deliverables
Prior to the award of the Contract, the Selected Respondent will be expected to deliver the work product outlined below to the City during the Design Development Phase. All design-related documents provided during the Design Development Phase (collectively, "Design ~ Documents") shall be suitable for obtaining required building and zoning entitlements.
Schematic Design Documents:
The Schematic Design Documents shall consist of drawings and other documents including a site plan and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.
Design Development Documents:
The Design Development Documents shall illustrate and describe the development ofthe approved Schematic Design Documents and shall consist of drawings and other documents including plans, site plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems and describe the size and character ofthe Project as to architectural, civil, landscape, structural, mechanical, plumbing and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.
Final Design Documents
The Final Design Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. Final Design Documents should sufficient for establishment of a final GMP.
Exhibit 3
Acknowledgement
Attachment 2
DESIGN DEVELOPMENT AND CONSTRUCTION SCHEDULE
(Replace with Current Schedule)
Exhibit 3
Acknowledgement
Exhibit 3
Acknowledgement
Attachment 3 CITY DESIGN SERVICES TERMS AND CONDITIONS
[Refer to Exhibit H to RFP]
Attachment 4 COMPENSATION
Selected Respondent will be entitled to compensation for the Design Development Phase Services solely undenthe terms outlined in Section 3.1.5 of the RFP. Further, the Selected Respondent shall submit to City, on a monthly basis, written documentation of all Design Services costs incurred during the Design Development Phase, as specified below. Design Services costs incurred during the Design Development Phase will, where applicable, be based upon the fully-loaded hourly rates provided in this Attachment 4, along with documented actual reimbursable costs to third parties for pre-approved services, such as site investigation, surveying, geotechnical and environmental analysis ("Third Party Reimbursable Item" or, collectively "Third Party Reimbursables") without mark-up. The maximum compensation, if any, for Design Services is subject to a not to exceed amount of $400,000.00, plus Third Party Reimbursable costs. However, if Selected Respondent is chosen for the DB Agreement, all eligible costs incurred during the Design Development Phase will be compensated as part of the DB Agreement, as provided for within the terms of such agreement. Selected Respondent agrees and acknowledges that total Project design service compensation, including Third Part Reimbursables, as part of the DB Agreement, cannot exceed 5% of the Project GMP.
The monthly documentation of incurred costs ("Statements") must be signed and dated and reference this Acknowledgement. A signed work ticket, time sheets, third party invoice, if applicable, or any documentation requested by the Commissioner must accompany each Statement. Statement quantities, description of work, services or goods, unit of measure, pricing and/or catalog information must correspond to the fully-loaded labor rates provided below, and costs for Third Party Reimbursables must be as pre-approved by City.
Fully-Loaded Hourly Rates
AECOM
Assoc. Principal $175.00
Sr. Mech. Engineer $158.80
Mech. Engineer $116.20
Associate Mech. Engineer $92.60
Sr. Elect. Engineer $163.20
Elect Engineer $141.90
Associate Elect. Engineer $107.50
Sr. Civil Engineer $138.50
Civil Engineer $110.60
Assoc. Civil Engineer $78.90
Sr. Struct. Engineer $169.10
Struct. Engineer $149.60
Assoc. Struct. Engineer $108.80
Sr. Fire Prot. Engineer $138.30
Jr. Fire Prot. Engineer $92.60
Sr. PM $162.50
PM $109.00
Assoc. PM $81.50
Sr. Arch. $159.80
Exhibit .I
Acknowledgement
Arch. $126.60
Assoc. Arch. $92.20
Sr. Interior Designer $134.40
Interior Designer $97.70
Assoc. Interior Designer $92.30
CADD Manager $124.40
CADD Technician $95.50
Sr. Estimator $159.00
Estimator $125.90
Jr. Estimator $92.80
Sr. Scheduler $251.80
Scheduler $225.30
Jr. Scheduler $198.80
Ardmore Associates
Sr. Project Manager [ $129.25
DB Sterlin Consultants
Associate Principal $175.00
Senior Engineer II $169.95
Senior Engineer I $154.50
Project Engineer III $141.63
Project Engineer II $128.75
Construction Engineer III $128.75
Construction Engineer II $103.00
Construction Engineer I $77.25
Engineer III $103.00
Engineer II $90.13
Engineer I $80.00
CADD Manager $132.50
CADD Technician $115.88
Construction Technician II $128.75
Construction Technician I $103.00
Professional Land Surveyor II $141.63
Survey Crew Member II $103.00
Survey Crew Member I $80.00
Document Control Specialist $77.50
Office Technician $77.25
Environmental Design International
Environmental Engineer III $136.00
Surveyor II $145.00
Ernest R. Sawyer Enterprises
Principal $220.00 j
Project Director $210.00 j
Senior Project Manager $185.00 |
Project Manager/Field Manager $115.00 I i
Data Analyst
Exhibit 3
Acknowledgement
Riteway-Huggins Construction Services
General Superintendent $112.00
Project Estimator $102.00
EXHIBIT 4: DESIGN DOCUMENT/SPECIFICATIONS
"ITEM/DOC ¦ NO:?, ' ' .TITLE./DESCRIPTION * ''*•;'•¦'"./ 'f "'' "i , ;*">' ,¦ r
SPECIFICATION SECTIONS "'
015526 TRAFFIC CONTROL
017329 CUTTING AND PAVING
018113.13 SUSTAINABLE DESIGN REQUIREMENTS - 1 LED FOR NEW CONSTRUCTION AND MAJOR RENOVATIONS
022220 CONSTRUCTION OR SOIL REMOVAL AND DISPOSAL
024116 S TRUCTURE DEMOLITION
033000 CAST IN PLACE CONCRETE
034100 PRECAST STRUCTURAL CONCRETE
042200 CONCRETE UNIT MASONRY
051200 STRUCTURAL STEEL
053100 STEEL DECK
054000 COLD-FORMED METAL FRAMING
055000 ME TAL FABRICATIONS
055113 METAL PAN STAIRS
055119 METAL GRA TING STAIR
061053 MISCELLANEOUS ROUGH CARPENTRY
061600 SHEATHING
064116 PLASTIC-LAM IN ATE-l-'ACED ARCHITECTURAL CAUINETS
071113 BI TUMINOUS DAMPPROOF1NG
074213 METAL PLATE WALL PANELS
074243 MANUFACTURED INSULATED WALL PANELS
075423 THERMOPLASTIC POLYOLEFIN ( ITO) ROOFING
076200 SHEET METAL FLASHING AND TRIM
077100 ROOF SPEC'TAI.TIES
077200 ACCESS HATCHES
Exhibit 4
Design Documents and Specifications
077253 SNOW GUARDS
078100 APPLIED F1REPROOEING
078413 PENETRATION E1RESTOPPING
079200 JOINT SEALANTS
079500 EXPANSION JOINTS
081113 HOLLOW METAL DOORS AND FRAMES
081416 FLUSH WOOD DOORS
083113 ACCESS DOORS AND FRAMES
083323 OVERHEAD COILING DOORS
083613 SECTIONAL DOORS
084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
087100 DOOR HARDWARE
087113 automa tic: DOOR OPERATORS
088000 GLAZING
089119 FIXED LOUVERS
092216 NON-STRUCTURAL METAL FRAMING
092900 GYPSUM BOARD
096513 RESILIENT BAST! AND ACCESSORIES
096519 RESILIENT TILE FLOORING
096813 TILE CARPETING
099113 EXTERIOR PAINTING
099123 IN TERIOR PAINTING
099600 I I1 Ci 1 l-PERFORMANCE COA TINGS
101423 PANEL SIGNAGE
101419 DIMENSIONAL LETTER SIGNAGE
104416 TIRE EX TINGUISHERS
102113 TOILET COMPAR TMENTS
102213 WIRE MESH PARTITIONS
Exhibit 4
Design Documents and Specifications
102800 TOILET ACCESSORIES
105038 FUEL DISTRIBUTION CANOPY
105301 MANUFACTURED BUILDING ENTRY CANOPY
107516 GROUND-SET FLAGPOLES
108200 LOUVERED SCREEN ASSEMBLIES
111200 PARKING CONTROL EQUIPMENT
122413 ROLLER WINDOW SHADES
123661 SIMULATED STONE COUNTERTOPS
129000 BUILDING EQUIPMENT
129300 SITE FURNISHINGS
132100 SPECIAL PURPOSE ROOMS
133419 METAL BUILDING SYS TEMS
133423 FABRICA TED STRUCTURES 1
142100 ELECT RIC TRAC TION IT FVATORS
144500 HEAVY DU TY VEHICLE LIFT
211313 WET-PIPE SPRINKLER SYSTEM
220500 COMMON WORK RESULT'S FOR MECHANICAL
220513 MOTORS
220519 THERMOMETERS. PRESSURE GAUGES, AND ACCESSORIES
220523 VALVES
220553 MECHANICAL IDENTIFICATION
220719 MECHANICAL SYSTEMS INSULA TION
221100 VEHICLE SERVICE EQUIPMENT
221113 PIPING MATERIALS AND MET HODS
221 119 DOMESTIC WATER PIPING SPECIALTIES
221319 DRAINAGE SPECIALT IES
221323 SANITARY WAST E INTERCEPTORS
223400 IT T I -FIRED. DOMESTIC-WATER HEATERS
Exhibit 4
Design Documents and Specifications
224200 PLUMBING FIXTURES
224223 COMMERCIAL SHOWERS
230514 VARIABLE-FREQUENCY MOTOR CONTROLLERS
230529 HANGERS AND SUPPORTS TOR HVAC PIPING AND EQUIPMENT
230593 TESTING, ADJUSTING AND BALANCING
230900 MECHANICAL SYSTEMS CONTROLS
230985 HAZARDOUS MA TERIAL GAS DE TECTION AND EMERGENCY ALARM SYS TEM -
231123 FACILITY NAT URAL-GAS PIPING
232123 PLUMBING AND I1YDRON1C PUMPS
232419 VACUUM EQUIPMEN T
233100 HVAC DUCTS AND CASINGS
233300 AIR DUC T ACCESSORIES AND RDG S
233400 FANS
233600 AIR TERMINAL UNITS
234000 HVAC AIR CLEANING DEVICES
235523 GAS-FIRED RADIAN HEATERS
237324 AIR HANDLING UNIT'S
238126.13 DUC TLESS SPLIT-SYSTEM AIR-CONDITIONING
238216 COILS AND DRAIN PANS
238233 CONVECTORS
238239.16 PROPELLER UNIT' HEATERS
260505 BASIC ELEC TRICAL REQUIREMENT S
260510 BASIC ELECTRICAL MATERIALS AND MET HODS
260513 MEDIUM-VOLT AGE CABLES
260519 WIRES. CABLES, AND CONNECTORS
260526 GROUNDING
260529 SUPPORT ING DEVICES
260533 RACEWAY |1010|Exhibit 4
Design Documents and Specifications
260543 MANHOLES. 1TAND1IOLES, AND UNDERGROUND PULL BOXES
260553 Fl FCTRICAL IDENTIFICATION
260572 OVERCURRENT PROTECTIVE DEVICE SHORT CIRCUIT STUDY
260574 OVERCURRENT PROTECTIVE DEVICE ARC-FLASHING ST UDY
260900 CONTROL DEVICES
260913 ELECTRICAL POWER MONITORING AND CONTROL
260923 LIGHTING CONTROL DEVICES
260933 DIMMING CONTROLS
262200 TRANSFORMERS
262413 SWITCHBOARDS
262416 PANELBOARDS
262716 CABINETS, BOXES, AND FITTINGS
262726 WIRING DEVICES
262800 CIRCUIT AND MOTOR DISCONNECT S
262813 OVERCURRENT' PROTECTIVE DEVICES
262913 MOTOR CONT ROLLERS
263213 ENGINE-GENERATOR SYSTEMS
263600 T RANSFER SWITCHES
264300 TRANSIENT VOLT AGE SUPPRESSION
26 5000 LIGHT ING FIXTURES
270000 COMMUNICAT IONS WORK
270500 COMMON WORK RESULT S FOR COMMUNICAT IONS
271000 COMMUNICATIONS CABLES AND WIRES
271100 COMMUNICATIONS CROSS CONNECT EQUIPMENT
271200 COMMUNICATIONS MODULAR WIRING DEVICES
271300 COMMUNICAT IONS FIBER OPT IC CABLE CONNECTORS
271500 COMMUNICAT IONS EQUIPMENT CABINET'S AND RACKS
275000 AUDIO AND VIDEO CABLES AND WIRES
Exhibit 4
Design Documents and Specifications
275100 AUDIO AND VIDRO CONNECTORS AND DEVICES
28 3100 EIRE ALARM SYSTEM
310513 SOILS EOR EARTHWORK.
311000 SITE CLEARING
311300 LANDSCAPE REMOVALS, PRUNING & PROTECTION
312300 GENERAL SITE EXCAVATIONS
312316 TRENCH EXCAVATION BACKFILL AND COMPACT TON
312332 GENERAL SIT E BACKFILLING
312316 TRENCH EXCAVATION BACKFILL AND COMPACTION
312500 EROSION CONT ROL AND SLOPE PROTECTION
321123 AGGRRGATRBASE COURSE
321216 ASPHALT PAVING
321400 CONCRE TE FINISHING
321500 CONCRETE CURING
321623 SIDEWALKS
321723 PAVEMENT MARKINGS
323100 ORNAMENT AL ME TAL FENCING
323113 CHAIN LINK FENCING AND GA TE
329201 SOD AND SEED
329311 LANDSCAPE PLANT ING
330501 DUCT ILE IRON PIPE AND FITTINGS
330503 PRECAST CONCRETE GRAVITY PIPE
330505 POLYVINYL CHLORIDE PVC GRAVIT Y PIPE
330508 HIGH-DENSITY POLYET HYLENE ST ORM WATER PIPE
330513 SEWERMANHOl.ES
330525 STORM INLETS
331100 SITE WAT ER DIST RIBUT ION
333000 SEWER INS TALLAT ION
Exhibit 4
Design Documents and Specifications
333700 sanit ary sewer testing AND INSPECTION
333913 SEWER STRUCTURES
337000 SANITARY SEWER TESTING AND INSPECTION
335322 FUELING SYSTEM - UNLEADED, DIESEL, E85 FUELING ST ORAGE AND DISPENSING SYSTEM WITH DEL" TANK AND DISPENSING
412213.13 BRIDGE CRANE
J GENERAL DRAWING SHEETS
0.C100 GENERAL NOTES AND LEGEND
0.C101 DETAILS 1
0.C102 DE TAILS 2
0.C103 DE TAILS 3
0.S001 ABBREVIAT IONS & LEGENDS
0.S002 GENERAL NOT ES
0.S003 GENERAL NOTES
0.S004 TYPICAL SECTIONS & DETAILS
0.S005 TYPICAL SECTIONS & DETAILS
0.S006 T YPICAL SECT IONS & DETAILS
0.S007 T YPICAL SECT IONS & DETAILS
O.S010 SNOW DRIFT PLANS
0.FP00I GENERAL FIRE PROTECTION NOT ES & DETAILS
0.M001 GENERAL NOTES. SYMBOLS & ABBREVIATIONS
0.M601 MECHANICAL DETAILS
0.M602 MECHANICAL DE TAILS
0.MS00I SERVICE EQUIPMENT SCHEDULES AND NO TES
0.MS601 SERVICE EQUIPMENT DETAILS
0 MS602 SERVICE EQUIPMENT' DETAILS
0 POOl PLUMBING GENERAL NOT ES. SYMBOLS & ABBREVIAT IONS
0.1*60] PLUMBING DET AILS
Exhibit 4
Design Documents and Specifications
MA'INtSHOKDRAWlNG SHEETS
1 .G000 COVER SHEET
1.G001 SHEET INDEX, PROJECT TEAM, CODE ANALYSIS
1.AS 100 ARCHITECTURAL SITE PLAN
1.G005 ADA NOTES
1.I.S10I LIFE SAFETY PLAN
1.I.SI02 LIFE SAFETY PLAN
1.CT01 DEMOLITION
1.C102 SI TE PLAN
LCI 03 GRADING
I.CI04 UTILITIES
1.1.100 EXISTING LANDSCAPE PLAN
1.1.200 LANDSCAPE SITE PLAN
1.L201 LANDSCAPE PLAN SOUTH
1.1.202 LANDSCAPE PLAN NORTH
1.L203 LANDSCAPE ENLARGEMENT PLAN
1.1.300 WATER DIST RIBU TION PLAN - SOUTH
1.1.301 WA TER DIST RIBU TION PLAN - NORTH
1.L400 FENCING PLAN - SOUTH
1.L401 FENCING PLAN - NORTH
1.1.402 FENCING DETAILS
1.L500 LANDSCAPE DETAILS
1.1.501 PLANT ING SCHEDULE AND NO TES
1 .A002 ADA NOTES + DIAGRAMS. GENERAL
1.A03I PART I TION TYPES & DETAILS
1.A040 ROOM FINISH SCHEDULE
I.A042 DOOR AND HARDWARE SCHEDULES AND DETAILS
1 .A 101 LEVEL 1 - FLOOR PLAN - OVERALL
Exhibit 4
Design Documents and Specifications
I.AIOI.I LEVEE 1 - FLOOR PLAN - ADMIN BLDG
1.A101.NE LEVEL 1-FLOOR PLAN-NE
I.AIOl.NW LEVEE 1 - FLOOR PLAN - NW
LA 10 LSI: LEVEL 1 - FLOOR PLAN - SE
I.AIOl.SW LEVEL 1 - FLOOR PLAN - SW
1.A102 LEVEL 2 - FLOOR PLAN - OVERALL
1.A102.1 LEVEL 2 - FLOOR PLANS
1.AI03 ROOF PLAN - OVERALL
1.A 103.1 ROOF PLAN - ADMIN BLDG
1.A104 DETAILS
1.A201 LEVEL 1 - REFLECTED CEILING PLAN
1.A20I.NE LEVEL 1 - REFLECTED CEILING PLAN - NE
1.A201.NW LEVEL 1 - REFLECTED CEILING PLAN - NW
1. A201.SE LEVEL 1 - REFLECTED CEILING PLAN - SE
1.A20I.SW LEVEL 1 - REFLECTED CEILING PLAN - SW
1.A202 LEVEL 2 - REFLECTED CEILING PLAN
1.A202.1 LEVEL 2 - REFLECTED CEILING PLAN - ADMIN BLDG
1.A300 BUILDING ELEVATIONS
1.A400 BUILDING SECTIONS
1.A401 WALL SEC TIONS
I.A402 WALL SEC TIONS
1.A500 ENLARGED PLANS
1.A500.I ENLARGED PLANS
1.A500.2 ENLARGED PLANS
1.A500.3 ENLARGED PLANS
1.A50I ENLARGED STAIR PLANS. SEC TIONS. AND DETAILS
1.A60ENE LEVEL 1 - FINISH FLOOR PLAN - NE
1.A601.NW LEVEL 1 - FINISH FLOOR PLAN - NW
Exhibit 4
Design Documents and Specifications
i. a60i.se EEVEE 1 - FINISH FLOOR PLAN - SE
1.A601.SW LEVEL 1 - FINISH FLOOR PLAN - SW
1 .A602 LEVEL 2 - FINISH FLOOR PLANS
I.S100 WENTWORTH - FOUNDATION PLAN - OVERALL
I.S101-NE WEN TWORTH - FOUNDATION PLAN - NE
1.S101-NW WENTWORTH - FOUNDATION PLAN - NW
1.S101-SE WENTWORTH - FOUNDATION PLAN - SE
1.S101-SW WENTWORTH - FOUNDA TION PLAN - SW
ES102 WENTWORTH - SECOND FLOOR & ROOF FRAMING PLAN - ADMIN
ES103 WENTWORTH - ROOF FRAMING PLAN - OVERALL
ES200 WENTWORTH - SECT IONS & DETAILS
ES202 WENT WORT Tl - SEC TIONS & DE TAILS
1.FP101 FIRE PROTECTION PLAN - OVERALL
EMIOl LEVEL 1 - MECHANICAL PLAN - ADMIN BLDG.
I.MIOI-NE LEVEL 1 - MECHANICAL PLAN - NE
EMIOl-NW LEVEL 1 - MECHANICAL PLAN - NW
EMIOI-SE LEVEL 1 - MECHANICAL PLAN - SI-
EMIOI-SW LEVEL 1 - MECHANICAL PLAN - SW
EM 102 LEVEL 2 - MECHANICAL PLAN - ADMIN BLDG.
EM 103 ROOF MECHANICAL PLAN - OVERALL
EM70I mechanicai.sctiedui.es
I.MSIOl-NE LEVEL 1 - SERVICE EQUIPMENT PLAN - NE
l.MSIOI-NW LEVEE 1 - SERVICE EQUIPMENT PLAN - NW
1.MS101-SE LEVEL 1- SERVICE EQUIPMENT PLAN - SE
l.MSIOI-SW LEVEL I - SERVICE EQUIPMENT PLAN - SW
l.PIOO-NE UNDERGROUND SANI TARY & PLUMBING PLAN - NE
l.PIOO-NW UNDERGROUND SANIT ARY & PLUMBING PLAN - NW
l.PIOO-SE UNDERGROUND SANI TARY & PLUMBING PI .AN - SE
Exhibit 4
Design Documents and Specifications
I.IMOO-SW UNDERGROUND SANIT ARY & PLUMBING PLAN - SW
1.P101-NE LEVEL 1 - SANIT ARY PLAN - NE
I.IMOl-NW LEVEL 1 - SANITARY PLAN - NW
1.P101-SF. LEVEL 1 - SANITARY PLAN - SE
1.P101-SW LEVEL 1 - SANITARY PLAN - SW
I.PI02 LEVEL 2 - SANITARY PLAN - ADMIN BLDG.
1.P201 LEVEL 1 - PLUMBING PLAN - ADMIN BLDG.
1.P20I-NE LEVEL 1 - PLUMBING PLAN - NE
I.P201-NW LEVEL 1 - PLUMBING PLAN - NW
1.P20I-SE LEVEL 1 - PLUMBING PLAN - SE
1.P201-SW LEVEL 1 - PLUMBING PLAN - SW
1.P202 LEVEL 2 - PLUMBING PLAN - ADMIN BLDG.
I.P701 PLUMBING SCHEDULES
1.EOOI ELECTRICAL LEGEND AND ABBREVIATIONS
i .l: too ELECT RICAL SITE PLAN
I.EIOI-NE LEVEL 1 - POWER PLAN - NE
1.E10I-NW LEVEL 1 - POWER PLAN - NW
i r: 101 -si-: LEVEL 1 - POWER PLAN - SE
I.EIOl-SW LEVEL 1 - POWER PLAN - SW
EE 102 LEVEL 2 & ROOF - POWER PLAN - ADMIN BLDG
EE 103 IT RE TRUCK STORAGE BUILDING POWER AND LIGHTING PLAN
1.E201-NE LEVEL 1 - LIGHTING PLAN - NE
1.E201-NW LEVEL 1 - LIGHT ING PLAN - NW
1.E201-SE LEVEL 1 - LIGHTING PLAN - SE
I.E201-SVV LEVEL 1 - LIGH TING PLAN - SW
I.E202-NE NE - LEVEL 2 - LIGH TING PLAN - NE
I.E202-NW LEVEL 2 - LIGHTING PLAN - NW
EE202-SE LEVEL 2 - LIGH TING PLAN - SE
Exhibit 4
Design Documents and Specifications
I.I-202-SW LEVEL 2 - LIGHTING PLAN - SW
I.F.60I ONE-LINE DIAGRAMS
FF602 ONE-LINE DIAGRAM / WELDING DET AIL
1.E603 FEEDER SCHEDULE
1.E700 LIGHTING FIXTURE SCHEDULE
LF.802 ELECTRICAL DET AILS
I.E90I RELAY PANELS
1.FAI01-NF. LEVEL 1 - FIRE ALARM PLAN - NE
FFAIOI-NW LEVEE 1 - FIRE ALARM PLAN - NW
I.FA101-SE LEVEE 1 - FIRE ALARM PLAN - SE
I.FAIOl-SW LEVEE 1 - FIRE ALARM PLAN - SW
1.FA 102 LEVEL 2 - IT RE ALARM PLAN - ADMIN BLDG
FIT 00 TECHNOLOGY SIT E PLAN
1.TT01-NE LEVEL 1 - FECI INOl.OGY PLAN - NE
I.T101-NW LEVEL 1-TECHNOLOGY PLAN -NW
l.TIOI-SF. LEVEL 1- T ECHNOLOGY PLAN - SE
FIT 0 I-S W LEVEL 1 - 1 Et.TTNOLOGY PLAN - SW
IT 102 LEVEL 2 - T ECHNOLOGY PLAN - NE & ADMIN BLDG
SATELLITE SHOP DRAWING SHEETS ' .
2.G000 COVER SHEET
2.GI00 DRAWING INDEX
2.G200 GENERAL NOTES
2.(5201 ABBREVIAT IONS. SYMBOLS & MATERIAL LEGENDS
2.1 S101 LIFE SAFETY PLAN
2.CI01 SITE PLAN
2.CI02 GRADING AND UTILITIES
2.1,100 EXISTING LANDSCAPE PLAN
2.1.200 LANDSCAPE PLAN NORTH
Exhibit -I
Design Documents and Specifications
2.L201 LANDSCAPE IM.AN SOUT H
2.L300 LANDSCAPE DETAILS, NOTES AND SCHEDULE
2.A001 ADA NOTES + DIAGRAMS, GENERAL
2.A002 ADA NOTES
2.A031 PARTITION TYPES & DETAILS
2.A040 ROOM FINISH SCHEDULES
2.A041 DOOR DETAILS
2.A042 DOOR AND HARDWARE SCHEDULES AND DETAILS
2. A100 ARCHITECTURAL SITE PLAN
2.AI01 FLOOR PLAN
2.AI03 ROOF PLAN
2.A20I REFLECTED CEILING PLAN
2.A300 BUILDING ELEVATIONS
2.A300.1 BUILDING ELEVATIONS
2.A400 BUILDING SECTIONS
2.A400.1 BUILDING SECTIONS
2.A500 ENLARGED PLANS
2.A60I FINISH FLOOR PLAN
2.EQ10I EQUIPMENT FLOOR PLAN
2.SI0I NEENAII FOUNDATION PLAN
2.SI02 NF.FNAI 1 - ROOF FRAMING PLAN - OVERALL
2.S400 NEENAII SCHEDULES AND DETAILS
2.IT'101 LEVEL 1 - FIRE PROTECTION PLAN
2.M10I LEVEL 1 - MECHANICAL PLAN
2.MI02 ROOF MECHANICAL PLAN
2.M70I MECHANICAL SCHEDULES
2 MS 101 LEVEL 1 - SERVICE EQUIPMENT PLAN
2.P100-N UNDERGROUND SANIT ARY & PLUMBING PLAN NORTH
Exhibit 4
Design Documents and Specifications
2.P100-S UNDERGROUND SANITARY & PEUMB1NG PEAN SOU I'll
2.PI 01 EEVEE 1 SANITARY PEAN
2.P201 LEVEL 1 PLUMBING PLAN
2.P701 PLUMBING SCHEDULES
2.11001 ELECTRICAL LEGEND AND ABBREVIATIONS
2.E002 ELECTRICAL ABBREVIA TIONS
2.HI00 ELEC TRICAL SI TE PLAN
2.E10I LEVEL 1 - POWER PLAN
2.E201 LEVEL 1 - LIGHTING PLAN
2 EMM ELEC TRICAL ONE LINE DIAGRAMS
2.E602 ELECTRICAL FEEDER SCHEDULE
2.E700 LIGH TING TEXTURE SCHEDULE
2.E802 ELECTRICAL DE TAILS
2. FA 101 LEVEL 1 IT RE ALARM
2.TT00 TECHNOLOGY SITE PLAN
2.TT01 LEVEL 1 T ECHNOLOGY PLAN
FUELING STATWN DRAWING SHEETS -
3.G000 COVER SHEET
3.G100 SHEET INDEX, PROJECT TEAM. CODE ANALYSIS
3.G200 GENERAL NOTES
3.G201 ABBREVIATIONS. SYMBOLS & MATERIAL LEGENDS
3.1.SI01 LIFE SAFETY PLAN
3.CI01 DEMOLITION
3.C102 SITE PLAN
3.C103 GRADING AND UTILITIES
3.1.100 EXISTING LANDSCAPE PLAN
3.1.200 LANDSCAPE PLAN
3 1.201 LANDSCAPE ENLARGEMEN T PLAN
Exhibit 4
Design Documents and Specifications
3.L300 LANDSCAPE DETAILS. NOTES AND SCHEDULE
3.A001 ADA NOTES
3.A002 ADA NOTES + DIAGRAMS. GENERAL
3.A030 PARTITION TYPES & DETAILS
3.A03I PARTITION TYPES & DETAILS
3.A040 DOOR NOTES. DIAGRAMS. AND SCHEDULES
3.A042 DOOR AND HARDWARE SCHEDULES AND DE TAILS
3.AI00 ARCHITECTURAL SIT E PLAN
3.AI01 LEVEL 1 - FLOOR PLAN
3.A103 ROOF PEAN
3.A201 LEVEL 1 - REFLECTED CEILING PLAN
3.A300 BUILDING ELEVATIONS
3.A400 BUILDING SECT IONS
3.A500 ENLARGED PLANS
3.A502 TYP T OILET ROOM DET AILS
3.A900 FUELING SYS TEM LAYOUT
3.S101 NORTH BRANCH - FOUNDAT ION AND ROOT FRAMING PLAN & DET AILS
3.MI01 LEVEL 1 - MECHANICAL PLAN
3.M701 MECHANICAL SCHEDULES
3.IM00 UNDERGROUND SANIT ARY & PLUMBING PLAN
3 1*101 LEVEE 1 - SANI TARY PLAN
3.P20I LEVEL 1 - PLUMBING PLAN
3.1*7.01 PLUMBING SCHEDULES
3.E00I ELECTRICAL LEGEND AND ABBREVIA TIONS
3.E002 ELEC TRICAL ABBREVIATIONS
3.1-100 ELECTRICAL SIT E PLAN
3.EI0I LEVEL 1 - POWER PLAN
3.r:201 LEVEL 1 - LIGHTING PLAN
Exhibit 4
Design Documents and Specifications
3.1-600 ELECTRICAL ONE-LINE DIAGRAMS
3.E601 ELECTRICAL 1-ELDER SCHEDULE
3.E700 LIGHTING ITXTURE SCHEDULE
3.E802 ELECTRICAL DETAILS
3.T100 TECHNOLOGY SITE PLAN
3.TT0I LEVEL 1 - T ECHNOLOGY PLAN
Exhibit 4
Design Documents and Specifications
EXHIBIT 5: BOOK 1
. CITY OF CHICAGO STANDARD TERMS AND CONDITIONS FOR DESIGN AND
CONSTRUCTION
BOOK 1
TERMS AND CONDITIONS FOR CONSTRUCTION
CITY OF CHICAGO
DEPARTMENT OF FLEET AND FACILITY MANAGEMENT
RAHM EMANUEL MAYOR
Issued by the
DEPARTMENT OF FLEET AND FACILITY MANAGEMENT
DAVID REYNOLDS COMMISSIONER
City Funding
August 2017
(The City may from time to time revise these terms and conditions)
TABLE OF CONTENTS
I. GENERAL PROVISIONS
Acronyms I
Definitions 1
Usage and Contract Interpretation 4
Severability 5
PROJECT ORGANIZATION
The Commissioner 5
CONTRACTOR Error! Bookmark not defined.
CONTRACTOR'S OBLIGATIONS
Contractor 5
Subcontractors?
Site Conditions and Inspection 8
Cleaning Up 9
Contractor's Warranties and Representations 9
IV. PROPERTY I
Ownership of Property 12
Ownership of Detailed Specifications and Other Contract Documents 12
Right or'Entry 13
Damage to City Property 14
Right to Occupy Before Substantial Completion 14
Final Completion and Acceptance of the Work 14
V. SI IOP DRAWINGS, PRODUCT DATA, RECORDS AND SAMPLES|910|Contractor's Responsibilities and Submittal Procedures 16
Review by the Commissioner 17
Source of Materials 19
Record Documents 19
Record Drawings 19
P. Record Shop Drawings and Product Data 19
Construction Progress Photographs 20
Instructions, Parts List and Operation and Maintenance Manuals 20
I. General Provisions
I. Adjustment of Equipment 21 J. Project Account Records 21
23
VI. ASSIGNMENT
Assignment of Contract by Contractor 23
Assignment of Funds or Claims by Contractor 23
Assignment of Contract by City 23
Assigns 23
Requests to Subcontract 23
VII. QUALITY OF WORKMANSHIP, EQUIPMENT AND MATERIALS
23
Standard of Performance ' 23
Correction of Work 23
Materials and Equipment 24
Substitution of Materials 25
Warranties 26
VIII. PERSONNEL 27
Competency of Workers 27
Supervision and Superintendence 27
Contractors Project Personnel27
Key Personnel 27
Prevailing Wage Rales 28
"Living Wage" 28
Minimum Wage, Mayoral Executive Order 2014-1 29
Employment Preferences 30
H. Working hours in city contracts 32
IX. PERMITS AND LICENSES
A. Contractor Obtains Permits 33
Contractor Pays Permit Fees 33
Occupancy Placard and Fees 33
X. COORDINATION WITH OTHER CITY DEPARTMENTS
Water System Work and Usage 33
Sewer System Work 33
Parking Meter Removal and Replacement 34
Traffic and Parking Sign Removal and Replacemcnt34
Trees 35
I. General Provisions
F. Demolition 35
XI. SCHEDULE 35
Time 35
Progress Schedule 36
Construction Operations Plan 36
Critical Path Method ("CPM") Schedule 37
Recovery Schedule 40
Time for Completing Punch List 41
No Damages for Delay; Extensions of Time 41
Suspension of Work 42
I. Liquidated Damages 42
XII. MEETINGS 43
Prc-Construclion Meeting 43
Weekly Review Meetings 43
Monthly Review Meetings 44
XIII. PAYMENTS 44
Contract Price 44
Procedure for Monthly Payment Requests and Final Payment 44
Payment for Stored Material 46
RETAINAGE 47
Prompt Payment to Subcontractors 47
Payments Withheld 49
Payment for Changes 51
Night, Sunday and Holiday Work 57
I. Acceleration 57
J. Payroll Canvass Reports 58
K. Electronic Ordering And Invoices 58
XIV. Cl IANGES IN THE WORK 58
City's Right to Change Work 58
Contractor's Request 58
Contract Modification58
Contractor's Release 58
Performance of Changed Work 59
Change Claims and Disputes 59
I. General Provisions
XV. TESTING & INSPECTION : 59
Material, Inspection and Responsibility 59
Inspection of the Work 59
Materials and Equipment Testing and Inspection 60
Testing Laboratory Labels 61
XVI. CONTRACTOR PRACTICES AT SITE : 62
Cooperation Among Contractors 62
Protection of Persons and Property 62
Protection of Streets, Alleys and Public Grounds 65
Protection of Existing Trees in the Right of Way 65
Care of Existing Structures and Property 67
Precautions and Safety 71
Health, Safety and Sanitation 72
Hazardous Operations and Security 73
I. Services and Use of Site 75
J. Reports and Plans 77
XVII. ENVIRONMENTAL REQUIREMENTS 78
Compliance with Environmental Laws 78
Environmental Permits 78
Disposal of Materials, Construction Debris, Soil and Waste 79
Equipment and Environmental Control During Transport 80
Environmental Control 80
Open Dumping Prohibited 80
Environmental Protection 80
H. Clean Diesel Fleet: Emissions Reduction (MCC 2-92-595) (where applicable) 81
XVIII. INSURANCE. INDEMNITY AND BONDS 83
Indemnity 83
Contribution 83
Admiralty 84
Performance and Payment Bonds 84
Insurance 85
XIX. CLAIMS AND DISPUTES 85
General 49
Claims 49
I. General Provisions
C. Disputes 50
EVENTS OF DEFAULT AND TERMINATION
Commissioner's Right 87
Events of Default 87
Remedies 88
Nonexclusivity of Remedies 89
Adjudication of Termination 89
Early Termination 89
Non-Appropriation 90
COMPLIANCE WITH ALL LAWS
Contractor Must Comply with All Laws 90
Civil Rights Act of 1964, Title VI, Compliance With Nondiscrimination Requirements 91
Business Relationships with Elected Officials 95
Chicago Inspector and Legislative Inspector General 95
Governmental Ethics Ordinance 95
False Statements 96
Americans with Disabilities Act 96
MacBride Principles Ordinance 96
I. Prohibition on Certain Contributions - Mayoral Executive Order No. 201 1-4 96
J. Licensing of General Contractors 97
K. Buy America 97
L. Steel Products 97
M. Wastes 97
N. Duty to Report Corrupt Activity 97
O. Equal Pay 98
P. 2014 Hiring Plan Prohibitions 98
Q. Contractor's liability - Safety barriers and lights 99
R. Electronic Mail Communication 99
S. Disclosure of Ownership Interest in Entities (Electronic Disclosure Statement ) 99
T. EDS Update Obligation 99
U. Wheel Tax (City Sticker) 99
V. Deemed Inclusion 99
XXII. MISCELLANEOUS
City Funded I. General Provisions
Exhibit 5 Cont.
Counterparts 102
Modifications 102
No Waiver of Legal Rights 103
Governing Law 103
Consent to Service of Process and Jurisdiction 103
Contractor Cooperation 103
Joint and Several Liability 104
No Third Party Beneficiaries 104
I. Notices 104
J. Authority 104
K. Software License Agreements 104
XXIV. SPECIAL CONDITIONS REGARDING MINORITY OWNED BUSINESS
ENTERPRISE COMMITMENT AND WOMEN OWNED BUSINESS ENTERPRISE
COMMITMENT IN CONSTRUCTION CONTRACTS Error! Bookmark not defined.
I. General Provisions
I. GENERAL PROVISIONS
A. Acronyms
"ACT - American Concrete Institute
"AED" - Associated Equipment Distributors
"AISC" - American Institute of Steel Construction.
"ANSI" - American National Standards Institute.
"ASME" - American Society of Mechanical Engineers.
"ASTM" - American Society for Testing and Materials
"EDS" - See Section XXI.S. "CTA" - Chicago Transit Authority
"FEPC" - Fair Employment Practices Commission.
"IEPA" - Illinois Environmental Protection Agency.
"IDOT" - Illinois Department of Transportation.
"NEC" - National Electric Code.
"NFPA" - National Fire Protection Association
"NEMA" - National Electrical Manufacturer's Association.
"OSHA" - U.S. Occupational Safety and Health Administration
B. Definitions
"Architect/Engineer" means the Design-Builder or the person designated by Design-Builder to provide the Contract drawings and Detailed Specifications for the Work you are to perform.
"Business Days" means Monday through Friday, unless an officially designated City holiday falls on one of those days.
"Chief Procurement Officer" means the Chief Procurement Officer for the City of Chicago, and any representative duly authorized in writing to act on his/her behalf.
"City" means the City of Chicago, a municipal corporation and home rule unit of government existing under the Constitution of the State of Illinois.
"Commissioner" means the head ofthe Department and any designee duly authorized in writing to act on his/her behalf.
"Comptroller" means City Comptroller or his designated representative.
"Consultant(s)" refers to the person, firm or corporation awarded a contract by the City to provide professional architectural or engineering design services or construction supervision for the Project.
"Contract" means the DB Agreement and all plans and drawings, addenda, all exhibits and schedules that are attached to it, including this Book 1, and documents incorporated in it by reference; fully executed performance and payments bond(s); and all amendments, modifications, or revisions made from time to time in accordance with its terms.
"Contract Completion Date" is the date, determined by the Commissioner, on which the Project is to reach Substantial Completion. The Contract Completion Date will be
City Funded Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
determined based on the duration for the Project set by the Contract as adjusted by any Contract modifications that extend or reduce the duration of the Project.
"Contract Modification" means a written modification ofthe terms and conditions of this Contract, signed by you and the Commissioner.
"Contractor" or "you" means the person who is awarded the Contract.
"Contract Price" is defined in Section XIII.A.
"Contract Time" is the duration of the Work from when the Work is required to begin until the scheduled date for Substantial Completion, including approved time extensions. See I.B.42.
"Corporation Counsel" means the head ofthe City's Department of Law and any Assistant Corporation Counsel duly authorized to act on the Corporation Counsel's behalf.
"Day" means calendar day.
"Daytime Work" means work performed between the hours of 6:00 a.m. to 6:00 p.m.
"Department" means the City Department identified on the cover of this Contract.
"Detailed Specifications" means the written requirements for materials and equipment to be used in the Work, including the Design Documents and any plans or drawings, and standards of performance for the Work, all of which are set forth in the DB Agreement and exhibits thereto or incorporated by reference.
"Environmental Laws" means all applicable Federal, State, and local laws, ordinances, rules, regulations, and executive orders pertaining to environmental matters.
"Equipment" means all machinery and equipment, together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper and acceptable completion ofthe Work.
"Field Order" means the written order to you, signed by the Commissioner, unilaterally directing changes in the Work or the Contract Time, or directing you to take corrective action and to adhere to Contract.
"Final Completion and Acceptance of the Work " means the last date on which all of the following events have occurred: (i) the Commissioner has determined that all Punch List Work and any other remaining Work have been completed in accordance with the Contract; (ii) final inspections have been completed and operations systems and equipment testing have been completed; (iii) final occupancy certifications have been issued; (iv) all deliverables have been provided to the Commissioner; and (v) all contractual requirements for final payment have been completed.
"Hazardous Materials" means asbestos and asbestos-containing materials, polychlorinated biphenyls (PCBs), oil or any other petroleum products, natural gas, special nuclear materials, and by-product materials regulated under the Atomic Energy Act (42 U.S.C. Sec 2014, et seq.), pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136, et seq.) and any hazardous waste, toxic substance or related material, including any substance defined or treated as "hazardous waste," "special waste," or "toxic substance" (or comparable term) in any Environmental Law.
II. Project Organization
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
"Include" (in'all of its forms) means "include without limitation" unless the context clearly indicates otherwise.
"Management Consultant" or "Program Manager" means the organization or entity, if any, that the City has retained to oversee the planning, design, and construction ofthe Project.
"Municipal Code" means the Municipal Code of Chicago.
"Night Work" means work performed between the hours of 6:00 p.m. and 6:00 a.m. unless otherwise defined in the plans.
OMITTED
"Notice to Proceed" means written authorization from the Commissioner for you to commence the Work on a specified date.
"Product Data" are illustrations, standard schedules, performance charts, instructions, descriptive literature, catalogs and brochures, performance and test data, test certifications, diagrams and other information furnished by you to illustrate a material, product or system for some portion of the Work.
"Project" means, collectively, the improvements you are to construct in accordance with the Contract.
"Provide" means furnish and install, unless otherwise specified in this Contract.
"Punch List" or "Punch List work" means minor adjustments, repairs or deficiencies in the Work, as determined by the Commissioner in his sole discretion.
"Record Documents" are all documents pertaining to the completed Work and the Project that the Contract requires you to provide to the City, including Record Drawings, Record Shop Drawings, product data, instructions, parts list, certified payrolls and operations and maintenance manuals.
"Record Drawings" means drawings reflecting the final built Project configuration, including approved modifications.
"Samples" mean physical examples that illustrate materials, equipment or workmanship. Samples include materials, fabricated items, equipment, devices, appliances, or parts of them, as called for in the Detailed Specifications and any other Samples that may be required by the Commissioner to determine whether the kind, quality, construction, workmanship, finish, color and other characteristics of the materials proposed by you conform to the required characteristics.
"Shop Drawings" means drawings, diagrams, schedules and other data specially prepared 'for the Work by you or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop Drawings include: fabrication, erection, layout and setting drawings; manufacturer's standard drawings; schedules; wiring and control diagrams; and other drawings pertaining to materials, equipment and systems and methods of construction that may be required to show that the materials, equipment or system conform to the Contract requirements. Shop drawings must establish the actual detail of all manufactured and fabricated items and indicate the proper relation to the adjoining Work.
II. Project Organization
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
"Special Wastes" means those substances as defined in the Illinois Environmental Protection Act, 415 ILCS 5/3.45, and further defined in Section 809.103 of 35 Illinois Administrative Code, Subtitle G, Ch. 1.
"Subcontractor" means any person or entity with whom you contract to provide any part of the Work, and all subcontractors of any tier, including suppliers and material persons, whether or not in privity with you.
"Submittal" means Schedule, Shop Drawings, Product Data or Samples and other items that the Contract may require you to submit to the Commissioner.
"Substantial Completion Date" is the date upon which you have met the requirements for Substantial Completion in the opinion ofthe Commissioner.
"Substantial Completion of the Project" or "Substantial Completion" means that, in the opinion of the Commissioner, you have completed all Work in accordance with the Contract, except for Punch List Work, and the City is able to occupy and use the Project for the purpose intended.
"Work" means all labor, materials, equipment, deliverables, and other incidentals to be provided by you under this Contract that are necessary or convenient to the successful completion of this Project and that are required by, incidental or collateral to the Contract.
"You" means "Contractor." See above.
C. Usage and Contract Interpretation
Unless a contrary meaning is specifically noted elsewhere, words such as, "as required," "as directed," "as permitted," and similar words mean that requirements, directions of, and permission of the Commissioner are intended. The words "approved," "acceptable," "satisfactory," or words of like import, mean "approved by," "acceptable to," or/'satisfactory to" the Commissioner. The words "necessary," "proper," or words of like import as used regarding the extent, conduct or character of the Work specified means that Work must be conducted in a manner, to the extent, or be of character that is "necessary" or "proper" in the opinion of the Commissioner. The Commissioner's judgment in these matters is final and you are not permitted to contest it.
Where the imperative form of an address is used, such as "perform the excavating," "provide equipment required," "remove obstructions encountered," "furnish and install reinforcing steel bars," etc., that address is directed to you .
Any headings in this Contract are for convenience of reference only and do not define or limit its terms or provisions. All article and section references, unless otherwise expressly indicated, are to sections of this Contract. Words importing persons include firms, associations, partnerships, trusts, corporations, joint ventures and other legal entities, including public bodies, as well as natural persons. Words of any gender include correlative words of other genders. Words importing the singular number include the plural and vice versa, unless the context otherwise indicates. All references to any exhibit or document include the latest version and all supplements and/or amendments to any such exhibits or documents. All references to any person or entity include any person or
II. Project Organization
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
entity succeeding to the rights, duties, and obligations of those persons or entities in accordance with the terms and conditions of this Contract.
4. Whenever reference to a law is contained in this Contract, the reference includes any amendments to the law.
D. Severability
If any provision of this Contract is inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions because it conflicts with any other provision of this Contract, or of any constitution, statute, ordinance, rule of law, or public policy, or for any other reason, those circumstances will not render the provision in question inoperative or unenforceable in any other case or circumstance, or render any other provision or provisions of this Contract invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any phrases, sentences, clauses, or sections contained in this Contract will not affect the remaining portions of this Contract or any part of it.
II. PROJECT ORGANIZATION
The Commissioner
For the purposes of this Contract, the Commissioner, or any successor office to the Commissioner, will represent the City in all matters relating to the performance of your Work under this Contract and will constitute the point of receipt for all deliverables required under this Contract, unless expressly specified otherwise in this Contract. The Commissioner will decide all questions that arise with regard to the administration of the Contract such as to the quality and acceptability of materials furnished, the Work performed and rate of progress of the Work. The Commissioner will determine the amount and quality of Work performed and materials furnished and their estimates. The Commissioner's estimate will be a condition precedent to your right to receive money due under the Contract, but then only if the modifications or amendments to the Contract are approved in accordance with Article XIV, "Changes in the Work."
Contractor
The Work is under your charge and care until Final Completion and Acceptance ofthe Work, unless otherwise specified elsewhere in the Contract.
III. CONTRACTOR'S OBLIGATIONS
A. Contractor
1. Except as may be expressly provided otherwise in the Contract, you are solely responsible for selecting the means, methods, techniques, sequences, and procedures used in performing the Work. The intent of the Detailed Specifications is to describe the completed Work that you must provide to fulfill the requirements of the Contract. The Detailed Specifications are not intended to cover every detail of materials, parts, or activities necessary to complete the Work. You must perform all activities that may be required or
City Funded II. Project Organization 5
Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
necessary to complete the Work in accordance with the Contract. For the Contract Price, you must construct, furnish and install all materials, parts and labor necessary to complete the entire Work, whether or not the Contract particularly specifies or shows the details of Work.
2. The Work under this Contract has not been completely segregated into divisions of Work to be performed by any trade or Subcontractor. You are responsible for all division of work. However, wherever any provision of any section of the specifications conflicts with any agreements or regulations of any kind at any time in force among members of any trade or craft associations, unions or councils that regulate or distinguish that work is or is not included in the work of any particular trade, you must make all necessary arrangements to reconcile any such conflict without delay, damage, or cost to the City.
Except as otherwise expressly provided in the Contract, the Contract Price includes all costs and expenses for which you will be compensated in connection with the Contract, including
the costs of performing any or all of your obligations and duties under the Contract;
the costs of all materials, equipment, supplies, tools, machinery, labor, supervision, management and items of any and all kinds that are or may be necessary and incidental to the full and satisfactory completion of the Work, whether or not specified or indicated in the Contract;
the costs of permits, insurance, bonds and license;
the costs associated with any risks you assume under the Contract;
the costs associated with all warranties and guarantees;
the costs of complying with the directives of the the Commissioner;
the costs of complying with all laws applicable to the Contract; and
all overhead and profit.
No term of the Contract that further specifically indicates that you must bear the costs of an item or that further specifically indicates that an item will be performed at no additional cost to the City will be construed or interpreted to in any way limit the foregoing.
You must begin the Work on the date specified in the Notice to Proceed. In addition, upon receipt of the Notice to Proceed, you must assign and maintain during the term of the Contract and any extension of it, an adequate staff of competent personnel who are fully equipped, licensed as appropriate, available as needed, and qualified to perform the Work. You must include among your staff such personnel and positions as the Contract may require.
If, in the reasonable opinion of the Commissioner, the performance of your personnel assigned to the Work is at an unacceptable level, or does not comply with the provisions of Section VIII.A, "Competency of Workers," those personnel must cease to be assigned to this Work and must return to you. You must then furnish to the Commissioner the name of a substitute person or persons in accordance with Section III.A.6. Absence of sufficient qualified personnel for the Work constitutes an event of default.
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
You must supervise and direct the Work competently and efficiently, devoting such attention and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract. You are responsible for providing a finished Project that complies fully with the Contract.
Risk of Loss. The Work is under your charge and care until Final Completion and Acceptance ofthe Work by the Commissioner, unless otherwise specified in the Contract. You assume all responsibility for injury or damage to the Work by action of the elements, fire or any other causes whatsoever, including injury or damage arising from the execution or non-execution of the Work. You must rebuild, repair, restore and make good, at no additional cost to the City, all injuries or damages to any portion of your Work before Final Completion and Acceptance of the Work.
When the City furnishes equipment or materials to you for use or inclusion in the Work, you must safeguard all such equipment and materials as you would equipment and materials that you furnished.
The Work will not be considered to be completed and accepted until you receive written notice from the Commissioner confirming the Final Completion and Acceptance of the Work.
If you have any questions or concerns with respect to the Detailed Specifications or Contract drawings, you must raise them with the Commissioner.
B. Subcontractors
All rights and obligations under this Contract are by and between the City and you. Except as may otherwise be provided in the Contract, there is no privity between Subcontractors and the City. Subcontractors have no rights as third-party beneficiaries under this Contract except as may be provided in Article XXIII. You must implement such measures as may be necessary to ensure that your Subcontractors are bound by all applicable provisions of the Contract.
All Subcontractors are subject to the approval of the Commissioner. You must not substitute a Subcontractor previously accepted by the Commissioner unless the substitution is acceptable to the Commissioner. All requests to subcontract must be submitted on a form approved by the Commissioner.
You are responsible in ail aspects and at all times for all Subcontractor Work.
Except as required under Article XXIII, you must upon request furnish the Commissioner with one copy of each written subcontract and subsequent modifications signed by you and the Subcontractor evidencing the agreement. All subcontracts must be in writing. All subcontracts must require that (i) all Subcontractors' Work be performed in strict accordance with this Contract: and (ii) the Subcontractor is bound by and subject to the requirements of this Contract, whether or not a particular provision specifically mentions Subcontractors. Subcontracts may contain different provisions than are provided in this Contract with respect to payments, schedules, and matters not affecting the quality or timely completion of the Work under this Contract, but only if the City's rights are not thereby prejudiced. You must require each Subcontractor to enter into similar subcontracts with its Subcontractors. You must make available to each Subcontractor,
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
before the execution ofthe subcontract, copies of this Contract, to which the Subcontractor will be bound pursuant to the requirements of this Section III.B.4.
If a subcontract provided to the City does not comply with these requirements, the City's failure to object is not a waiver of them, and you will remain liable to the City for all damages, costs, fines, losses and claims arising out ofthe non-compliance.
In the case of Work performed by Subcontractors, you must secure warranties from the Subcontractors addressed to and in favor of the City; deliver copies of them to the City upon completion of the Subcontractors' Work and; guarantee and assume full responsibility for the performance of any repair or replacement Work that may be required for the full period of the warranties provided. However, the delivery of the warranties will not relieve you from any obligations assumed under this Contract.
Contractor hereby collaterally assigns any or all subcontracts to the City, effective upon the City's exercise, it its sole discretion, of its right to assume such assignment as a remedy for Contractor's default or in the event of early termination. The Contractor must require each of your Subcontractors (including materialmen) to consent to a collateral assignment to the City of their respective subcontract with the Contractor. The Contractor's subcontracts must include language stating:
Contractor has collaterally assigned this subcontract to the City of Chicago, effective upon written assumption of such assignment by the City in the event of Contractor's default or early termination of Contractor's contract with the City. Subcontractor hereby consents to such assignment and assumption. Subcontractor acknowledges and agrees that, in the event of such an assignment and assumption, the City will have no liability to Subcontractor for work performed by Subcontractor prior to the effective date of the assignment and assumption and that Subcontractor shall look solely to Contractor for any compensation or other obligations arising under the subcontract prior to such date.
The City encourages Contractors to use Subcontractors that are firms owned or operated by individuals with disabilities, as defined by § 2-92-586 ofthe Municipal Code, where not otherwise prohibited by Federal or State law.
Compliance with Multi-Project Labor Agreement (PLA). The City has entered into the PLA with various trades regarding projects as described in the PLA, which is hereby incorporated by reference. A copy of the PLA, with appendices, may be found on the City's website at . Contractor acknowledges familiarity with the requirements ofthe PLA and its applicability to any work under this agreement, and shall comply in all respects with the PLA.
C. Site Conditions and Inspection
1. Surveys, soil borings, geotechnical information, data, plans or other materials generally describing the unimproved land or existing structures at the site may be provided to you by the City. Such information is not warranted by the City to be accurate. You are not entitled to rely on it. In signing this Contract you are acknowledging that when such information appears in Contract documents, prepared by the City or its Consultants, the
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
City and its Consultants have not verified the information. Site plans do not constitute any representation by the City to you of site boundaries or characteristics.
You must take field measurements, verify field conditions and carefully compare those field measurements and conditions and any other information known to you with the Contract documents before commencing the Work. No allowance will be made to you for any extra labor and/or materials required due to site conditions or discrepancies that might have been discovered by a thorough and proper inspection of the site. If land surveying Work is required under this Contract, you must have the Work performed by a land surveyor that is licensed as such by the State of Illinois.
If conditions are encountered at the site which are (i) subsurface or otherwise unknown or concealed physical conditions which differ materially from those indicated in the Contract; or (ii) pre-existing unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in activities of the character provided for in the Contract, including the presence of unanticipated Hazardous Materials, then you must provide immediate written notice to the Commissioner before proceeding with the work or disturbing those areas.
If the conditions differ materially from those indicated in the Contract, and cause a material increase or decrease in your cost or time required for the performance of any part of the Work, an equitable adjustment in the Contract Price or Contract Time, or both, will be made under Article XIV, "Changes in the Work."
You must keep on hand at the Work site, for reference, a complete set of Contract documents for the Work, copies of all plans and shop drawings, all additional and revised plans furnished by the City and all orders issued to you by the Commissioner that relate to the Work.
Cleaning Up
During the construction, you must keep the Work site and adjacent premises as free from material, debris, and rubbish as is practicable and must remove them entirely and at once, if in the opinion of the Commissioner, the material, debris or rubbish constitutes a nuisance, a safety hazard, or is objectionable in any way to the public. Upon verbal and/or written notification of unacceptable work day conditions by the City, you will be responsible for immediate rededication within 48 hours of notification. Your failure to act accordingly will result in completion of remediation work by the City at your expense.
As a condition of Final Completion and Acceptance of the Work, you must remove from the Work site and adjacent premises all machinery, equipment, surplus materials, falsework, excavated and useless materials, rubbish, temporary buildings, barricades and signs, and must restore the site to the same general conditions that existed before the Work began.
You must clean off all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, dirt, and any other foreign materials deposited or accumulated on any portion ofthe Work, or existing work, due to your operations.
You are solely responsible for and must assume all liability associated with off-site disposal of any Hazardous Materials generated as a result of your construction activities.
Contractor's Warranties and Representations
City Funded III. Contractor's Obligation
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20]7)
You warrant and represent that:
You have carefully examined and analyzed the provisions and requirements of this Contract; you have inspected the Work site(s) to the extent made available by the City; from your own analysis you have satisfied yourself as to the nature and scope of work, all conditions, any obstructions and requirements needed for the performance of this Contract, the general and local conditions, and all other matters that in any way may affect this Contract or your performance; and the time available for the examination, analysis, inspection and investigation was adequate;
This Contract is feasible of performance in accordance with all of its provisions and requirements and that you can and will perform, or cause to be performed, the Work in strict accordance with the provisions and requirements of this Contract;
Except for the contents of this Contract, no representation, statement or promise, oral or written, or of any kind whatsoever, by the City, its officials, agents, representatives or employees, has induced you to submit a proposal nor have you relied upon any, including any reference to (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Contract; (ii) the nature, existence, or location of materials, structures, obstructions, utilities or conditions, surface or subsurface, that may be encountered at or on the Work site; (iii) the nature, quantity, quality or size of any materials, equipment, labor and other facilities needed for the performance of this Contract; (iv) the general conditions that may in any way affect this Contract or its performance; (v) the compensation provisions.of the Contract; or (vi) any other matter;
You were given ample opportunity and time to review the Contract documents before submittal of your proposal in order that you might request an addendum to the Contract documents that might correct or clarify them; you did so review the Contract documents, and every such correction or clarification has been included in this Contract or else, if omitted, you expressly relinquish the benefit of them and are willing to perform this Contract in its entirety without claiming reliance on any such omission or making any other claim on account ofthe omission;
In accordance with § 11-4-1600(e) of the Municipal Code, Contractor warrants and represents that it, and to the best of its knowledge, its Subcontractors have not violated and are not in violation of the following sections of the Code (collectively, the Waste Sections):
7-28-390 Dumping on public way;
7-28-440 Dumping on real estate without permit;
11-4-1410 Disposal in waters prohibited;
11-4-1420 Ballast tank, bilge tank or other discharge;
11-4-1450 Gas manufacturing residue;
11-4-1500 Treatment and disposal of solid or liquid waste;
11-4-1530 Compliance with rules and regulations required;
11-4-1550 Operational requirements; and
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
11-4-1560 Screening requirements.
During the period while this Contract is executory, Contractor's or any Subcontractor's violation of the Waste Sections, whether or not relating to the performance of this Contract, constitutes a breach of and an event of default under this Contract, for which the opportunity to cure, if curable, will be granted only at the sole discretion of the Commissioner. Such breach and default entitles the City to all remedies under the Contract, at law or in equity.
This section does not limit the Contractor's and its Subcontractors' duty to comply with all applicable Federal, State, County and Municipal laws, statutes, ordinances and executive orders, in effect now or later, and whether or not they appear in this Contract.
Non-compliance with these terms and conditions may be used by the City as grounds for the termination of this Contract, and may further affect the Contractor's eligibility for future contract awards.
Contractor warrants and represents that neither Contractor nor an Affiliate, as defined below, appears on the Specially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List, or the Debarred List as maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau of Industry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons or entities with which the City may not do business under any applicable law, rule, regulation, order or judgment.
"Affiliate" means a person or entity which directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Contractor. A person or entity will be deemed to be controlled by another person or entity if it is controlled in any manner whatsoever that results in control in fact by that other person or entity, either acting individually or acting jointly or in concert with others, whether directly or indirectly and whether through share ownership, a trust, a contract or otherwise.
You understand that the City, in its acceptance of your proposal to perform the Work, materially relied upon your response to the RFP. The information you provided was accurate at the time it was made and no material changes in the information have occurred since then and will not be made without the express consent of the City.
In preparing and submitting your proposal for this Contract, you have complied with and given full consideration to the following:
You have become familiar with them and all Contract requirements and conditions described in them;
You clarified to your satisfaction and complete understanding any doubt as to the true meaning and intent of all parts of the specifications and plans or other portions of the Contract documents;
You have the capability and financial resources to perform all of the provisions and requirements of this Contract.
You can perform all of your obligations under this Contract in accordance with all of the Contract's provisions and requirements.
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
11. Contractor warrants that no member of the governing body of the City or other units of government and no other officer, employee, or agent of the City or other unit of government who exercises any functions or responsibilities in connection with the Project to which this Contract pertains, has any personal interest, direct, or indirect, in this Contract. In accordance with 41 USC § 22, no member of or delegate to the Congress of the United States will be permitted to any share or part of this Contract or to any financial benefit to arise from it, nor, under applicable laws, will any member of or delegate to the Illinois General Assembly nor any alderman of the City or City employee. Contractor warrants that its officers, directors and employees, and the officers, directors and employees of each of member if a joint venture, and subcontractors, presently have no interest and will acquire no interest, direct or indirect, in the Project that would conflict in any manner'or degree with the performance of the Work under this Contract. Contractor further warrants that in the performance of this Contract, no person having any such interest will be employed.
Furthermore, if any federal funds are to be used to compensate or reimburse Contractor under this Contract, Contractor represents that it is in compliance with federal restrictions, and promises to remain so, including federal restrictions on lobbying set forth in § 319 ofthe Department ofthe Interior and Related Agencies Appropriations Act for Fiscal Year 1990, 31 USCS 1352, and related rules and regulations set forth at 54 Fed. Reg. 52,309 ff. (1989), as amended. If federal funds are to be used, Contractor must execute a Certification Regarding Lobbying, which is contained in the EDS attached to this Contract as an exhibit.
IV. PROPERTY
Ownership of Property
The City will be the owner of the Work, including any improvements, equipment and fixtures installed or constructed by Contractor, as part of the Project or for which the City has paid Contractor to store in anticipation of installation or construction. The City's title shall be free and clear of liens, claims, security interests or other encumbrances, upon the earlier of installation, payment therefore or Final Completion of the Project; provided, however, that transfer of title to the City shall not relieve Contractor of any of its responsibilities under this Contract with respect to Work in Progress. Nor will the transfer of title constitute acceptance of any portion of the work.
Ownership of Detailed Specifications and Other Contract Documents
1. The Detailed Specifications, plans and any copies of them created by Contractor or furnished by the Commissioner are the property of the City. To the extent that portions of the Detailed Specifications were created prior to the execution of the DB Agreement, Contractor will, and hereby does, irrevocably grant, assign, transfer and deliver to the City, all right, title and interest in and to the copyright and other intangible, intellectual property embodied in or pertaining to such Detailed Specifications. They are not to be used on other work. The Contractor will provide the City with all Detailed Specifications created by Contractor or its subcontractors. The City will provide you the number of Detailed Specifications and plans determined appropriate by the City. The City may provide you
III. Contractor's Obligation
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
with additional copies at your request and at your cost. You are responsible for any loss or damage to the Detailed Specifications and plans while in your care and custody, and you must restore all Detailed Specifications and plans that may be lost or damaged. Contract documents will be furnished as follows:
Contract Plans 2 Sets
Subsequent Details 2 Sets
Specifications and Contract Documents 2 Sets
You must obtain specifications issued by organizations other than the City to which reference is made in the City's documents at your own expense. You must also retain them at the Work site and make them accessible to the Commissioner.
The City is the owner ofthe Project. All documents, data, studies, reports, and instruments of service prepared for or by the City under this Contract are the property of the City. During the performance of your Work, you are responsible for any loss or damage to documents while in your possession or the possession of a Subcontractor and you must restore any such document so lost or damaged at your expense.
You must deliver, or cause to be delivered, at any time during the term of this Contract, all documents, including drawings, models, specifications, estimates, reports, studies, maps, and computations, prepared by or for the City, under the terms of this Contract to the City, promptly upon reasonable demand for them or upon termination of the Work. If you fail to deliver them when required, then you must pay the City all damages the City may sustain by reason ofthe failure, including consequential damages.
C. Right of Entry
You, and any of your officers, employees, agents, and Subcontractors, are permitted to enter upon any part ofthe Work site owned by the City in connection with the performance of the Work under this Contract, subject to the terms and conditions contained in this Contract and those rules that may be established by the Commissioner. You must provide advance notice to the City of any such intended entry. Consent to enter upon all or any part of the Work site given by the City will not create, nor be deemed to imply the creation of, any additional responsibilities on the part ofthe City.
Inspections: You acknowledge that the City has a right of access to the Work site at all times and the right to inspect all Work during the Contract period.
You must use, and must cause each of your officers, employees, agents, and Subcontractors to use, the highest degree of care when entering upon property owned by the City in connection with the Work. In the case of any property owned by the City, or property owned by and leased from the City, you must comply and must cause each of your officers, employees, agents, and Subcontractors to comply, with all instructions and requirements for the use of the property, including any licenses for them, which are incorporated by reference. All claims, suits, judgments, costs, or expenses, including
City Funded Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
reasonable attorneys' fees, arising from, by reason of, or in connection with any such entry is treated in accordance with the indemnification provisions contained in this Contract.
Damage to City Property
If you cause damage to City property, you must, at the sole option of the City, either: (i) pay the cost of repair of the damage; or (ii) repair or replace any property so damaged. The City has the right to a set-off against its payments to you under this Contract for the cost of any such repairs. All cost to repair or replace any property so damaged will be completed before any final payment can be made to you by the City.
Right to Occupy Before Substantial Completion
The City may occupy and use the Project or portions of it in advance of Substantial Completion of the Work. If the City desires to exercise partial occupancy and use before Substantial Completion of the Work, the Commissioner will provide written notice to you, and you must cooperate with the Commissioner in making available for the City's use such Project services as heating, ventilating, cooling, water, lighting and telephone for space or spaces to be occupied, and if the equipment required to furnish the services is not entirely completed at the time the City desires to occupy and use the space or spaces, you must make every reasonable effort to complete that Work.
When the Commissioner determines that the City will use all or part of the Project before Substantial Completion, the Commissioner will determine:
The responsibility between the City and you for maintenance, repair, furnishing of utilities and the protection of the public (if required) for that part of the Work to be occupied;
The list of items remaining to be performed before the Work or portion of it to be occupied will be substantially complete;
Whether you will need any types of insurance; and
The effect ofthe City's use before Substantial Completion on required guarantees and warranties.
Final Completion and Acceptance ofthe Work
When you deem the Work to be complete, you must notify the Commissioner, in writing, that the Work will be ready for an inspection and/or test on a date you specify. The notice must be given at least 15 calendar days in advance of the date. If the Commissioner concurs that the Work will be ready for inspection or testing on the date given, the Commissioner will make the inspection within a reasonable period of time. The scheduling of the inspection to determine whether the Work is complete does not relieve you of your responsibilities under the Contract. You must cooperate in all respects in the scheduling and performance of the inspection.
Final Payment at Final Completion and Acceptance of the Work. Unless expressly stated otherwise elsewhere or subject to retainage, final payment will be made only when all Work, including Punch List Work, is complete and you submit to the Commissioner, within 180 calendar days or sooner from the Substantial Completion Date, a sworn affidavit stating the following:
City Funded Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
All payrolls, invoices for materials and equipment and all other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied;
All waivers of lien required by the Contract have been provided to the Commissioner;
As of the date the affidavit is signed, all known claims made by Subcontractors of any tier and others against you, the City, any agents or representatives of the City pertaining to the Work required under this Contract were provided in writing to the Commissioner and have been resolved;
The warranties and guarantees required by the Contract have been provided to the Commissioner;
All warranties and guarantees are in full force and effect;
The surety's written consent, signed by its authorized representative, to final payment being made directly to you is attached to the affidavit;
Acceptance of final payment will constitute a general release to the City, its agents, representatives, officials and employees of all other claims of liability for anything done or furnished or relating to the Work or for any act or neglect of the City or its agents, representatives, officials and employees relating to or connected with this Contract;
Record Documents, including Record Drawings, Record Shop Drawings and operation and maintenance manuals have been provided to the Commissioner;
All other documents requested by the Commissioner have been provided; and
Wages paid and classifications for laborers and mechanics, including apprentices and trainees employed on the Project, in the following form:
FINAL CERTIFICATE
The undersigned, Contractor on (Contract No. ) certifies that
all laborers, mechanics, apprentices and trainees employed by it or by a Subcontractor performing Work under the Contract have been paid wages at rates not less than those required by the Contract provisions, and that the Work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the Contract or training program provisions applicable to the wage rate paid.
Signature and Title
Name Title Authorized Officer
City Funded Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Contractor: Project:
V. SHOP DRAWINGS, PRODUCT DATA, RECORDS AND SAMPLES
A. Contractor's Responsibilities and Submittal Procedures
Shop Drawings, Product Data, Samples are part of the Work under this Contract, and if also specified, video tape and/or photographs. You must provide them at your expense to the satisfaction ofthe Commissioner.
You must submit to the Commissioner those Shop Drawings, Product Data, Samples, video tape and photographs required for the Work involved under this Contract in accordance with the Schedule.
The Schedule must include a schedule of proposed submittal dates. The dates listed in the Schedule must allow sufficient time for review and processing of Shop Drawings or other data by the City and your re-submittal of them, if necessary, before you will need them to complete your performance of the Work they represent under this Contract. No extensions of time will be granted to you because of your failure to have Shop Drawings, Product Data, Samples, video tape and photographs submitted in time to allow for review, re-submittal and final review. You must also submit a separate submittal schedule (in table format), in addition to the Schedule, identifying all Submittals with submittal dates to the Commissioner for review and approval.
You must prepare and submit proper Shop Drawings, Product Data, Samples, video tape < and photographs in accordance with your contractual obligations. By submitting them, you represent that you have determined and verified all materials, field measurements, field conditions and quantities, and that you have checked and coordinated the information contained within the Submittal, including your Subcontractors' Submittals, with the requirements ofthe Work and ofthe Contract.
You must date and stamp all Shop Drawings, Product Data, Samples, video tape and photographs. You must also indicate on them that you have reviewed and checked them before submission and found to be in conformance with the Contract. All Submittals must be transmitted to the Commissioner. You must clearly mark each Shop Drawing, Video Tape, Product Data and Sample, in accordance with the following for purposes of identification and record:
SUBMITTAL IDENTIFICATION
Name of Project:
Contract Name and Number
Date of Submittal
Submittal Number
Re submittal of Submittal Number
Identification of Deviations from Contract documents
Specification Section, Page, and Paragraph No and/or Drawing No
City Funded Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
Type of Matenal and
Manufacturer:
Intended use:
Applicable Standards such as ASTM
numbers:
CHECKED AND SUBMITTED IN ACCORDANCE WITH DRAWINGS AND SPECIFICATIONS
Contractor:
By: Date:
Shop Drawings must be submitted with accurate dimensions. The Shop Drawings must represent the actual manner in which the Work is manufactured and installed, and the relation of the Work installed to that of other trades, clearances, and all other pertinent data. Cross-section drawings must indicate minimum clearances and all other pertinent data. Dimensions must be expressed in feet and inches. Designs prepared in the metric system may be submitted with metric units, but the equivalent English units must also be shown. All weights and dimensions must be certified before submission for review.
The Commissioner's review and acceptance of Shop Drawings in no way relieves you from responsibility for errors or omissions that may exist in the Work or on the certified Shop Drawings. Where such errors or omissions are discovered, you must correct them at no additional cost to the City. Submittals must be sufficiently complete to allow for proper review. You must submit all Shop Drawings, Product Data, Samples, video tape and photographs to the Commissioner for review with an accompanying transmittal letter containing the above Submittal identification data and a list of items being submitted. You must coordinate Submittals into logical groups or sets to facilitate review of several related items.
Any Submittal that in the Commissioner's sole opinion is not complete and in proper form will be returned to you without review. You must not submit as Shop Drawings duplicates or reproductions of any Contract documents issued by the City.
You must provide Submittals in the following quantities unless a greater number is specified elsewhere in the Contract or is required by the Commissioner:
Shop Drawings: Submit one reproducible transparency and six opaque copies of shop drawings;
Product Data: Submit six copies of Product Data;
Samples: Submit four samples; and
Video and photographs (when required under the Contract): Submit two copies of Video and photographs.
Before submitting Shop Drawings, Product Data, Samples, video tape and photographs, you must notify the Commissioner in writing of any deviations in the Submittals from the requirements of the Contract. If deviations from the Contract requirements are rejected by the Commissioner or if evaluation of the deviations delays the progress of Work, any delay caused will not be compensable by a time extension.
B. Review by the Commissioner
City FundedV. Shop Drawings, Product Data, Records and Samples Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
Submittals will be reviewed by the Commissioner for compliance with the Contract. In reviewing them the Commissioner will not verify dimensions and field conditions. Any such review does not relieve you, your Subcontractor, manufacturer, fabricator or supplier from responsibility for any deficiency that may exist or from any departures or deviations from the requirements ofthe Contract, nor does it relieve you or them from responsibility for (i) errors of any sort in Shop Drawings, Samples and Product Data, (ii) responsibility for proper fitting of the Work, or (iii) the necessity of furnishing any Work required by the Contract that may not be indicated on Shop Drawings when reviewed. You are solely responsible for any quantities that may be shown on the Shop Drawings. The Commissioner's review of a specific item does not indicate approval of an assembly of which the item is a component.
You must not fabricate products, begin Work, order or have delivered any material, equipment or system that requires a reviewed Submittal until return of the Submittal from the Commissioner with a stamp authorizing Work and/or delivery and installation to be performed, as described in Section V.B.3, immediately below.
The Commissioner will return Submittals stamped as follows:
"No Exceptions" means no changes need be made on the reviewed Submittal. You may proceed with the Work for that Submittal.
"Exceptions as Noted" indicates that the Submittal is accepted subject to the corrections and/or comments noted. You may proceed with the Work for that Submittal but only if you incorporate the Commissioner's comments, and/or corrections. Re-submittal is not required, but the corrections must be reflected in the Record Documents.
"Revise and Resubmit" means that the Submittal does not meet all the requirements necessary to proceed with the Work associated with the Submittal. You must resubmit in accordance with the reviewer's comments and/or corrections. Submittals marked in this manner must not be released for fabrication, delivery or construction.
If the Submittal requires revision, you must notify the Commissioner and all pertinent Subcontractors, in writing, that the reviewed set has been withdrawn.
Submittals that require revisions must be corrected and resubmitted to the Commissioner to maintain the approved CPM schedule, but in no event more than five days after receipt of the Commissioner's comments.
Shop Drawings: After review by the Commissioner, one reproducible stamped by the Commissioner as previously described in Section V.B.3 above will be returned to you.
Submission and Review of Samples: If a considerable range of color, graining, texture or other characteristics may be anticipated in finished products, you must furnish a sufficient number of Samples of the specified materials to indicate the full range of those characteristics that will be present in the finished products. Any product delivered or erected without submission and review of full-range Samples is subject to rejection. Each tag or sticker must have clear space for your stamps and those of the Commissioner. Notice of the result of the review will be provided to you with one of the stamps indicated in Section V.B.3 above. Rejected samples will be returned. Accepted samples will be
City FundedV. Shop Drawings, Product Data, Records and Samples Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
retained by the Commissioner and become the property ofthe City. Where color samples are required to be submitted, color samples must be submitted in the actual material that will finally be installed in the Work. The various parts of the Work must be in accordance with the reviewed and approved Samples.
8. Product Data: After review by the Commissioner, two sets of Product Data stamped by the Commissioner as previously described will be returned to you.
Source of Materials
You must notify the Commissioner in writing as soon as possible after the Contract has been awarded, but not less than three weeks before the need for inspection and testing of the source (or sources) from which you expect to obtain the various construction materials. The source of supply of each material used must be approved by the Commissioner before delivery is commenced. If sources previously approved are found to be unacceptable at any time and fail to produce materials satisfactory to the Commissioner, you must furnish materials from other approved sources.
Record Documents
At Substantial Completion, you must deliver to the Commissioner, in suitable transfer cases clearly marked "Record Documents," all Record Drawings, Record Shop Drawings, warranties and guaranties, photographs, video Records (if any are required), Product Data, instructions, parts list, and operations and maintenance manuals arranged in proper order and indexed.
Record Drawings
As the Work progresses, you and the Subcontractor for each trade or division of work, under your direction must keep a complete and accurate record of the following:
Changes between the Work as shown on the Contract drawings and the Shop Drawings indicating the Work as actually installed;
The specific location of all infrastructure elements, including piping, valves, ductwork, equipment, driveways, catch basins, sewer lines, waterlines, water mains, and other such elements that were not accurately located or changed location or elevation from that shown on the Contract drawings; and
Equipment schedules indicating manufacturers' names and model numbers installed.
You must record changes neatly and correctly daily on blue line prints of the Contract drawings updated daily. You must keep this record set of Contract drawings at the job site for inspection by the Commissioner. Upon completion of the Work, you must submit a final set of full-size prints to the Commissioner for review and acceptance.
At the time Record Drawings are; delivered to the Commissioner, you and each Subcontractor must certify, in writing, that the Record Drawings are complete and accurate.
Record Shop Drawings and Product Data
1. As the work progresses, you must keep a complete and accurate record of the changes and deviations from the Work as shown on the Shop Drawings and Product Data indicating the Work performed. You must furnish Record Shop Drawings in a form and quantity acceptable to the Commissioner. Record Shop Drawings must be submitted for all items
City FundedV. Shop Drawings, Product Data, Records and Samples Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
reviewed as Shop Drawings. Record Shop Drawings must be legibly drawn on sheets of mylar or such other medium as directed by the Commissioner. Record Shop Drawings must be submitted on the same size sheets as the Contract Document drawings and include an index of all items.
2. You must furnish six record copies of Product Data in loose leaf binders. Loose leaf binders must be subdivided by Submittal numbers and must contain an index of all items.
Construction Progress Photographs
You must submit to the Commissioner construction progress photographs consisting of exterior and interior views of the Work, with the date and location of the photographs as selected and directed by the City. If requested at any time by the Commissioner, you must use digital photography, at the resolution specified by the Commissioner. You must provide three prints of each view to the Commissioner within five days of taking the photographs. If digital photography is not requested or until it is requested, then you must provide each photograph on an 8" x 10" smooth surface, glossy, black and white print, on single-weight commercial-grade stock. The 1" wide margin, which is punched for a standard 3-ring binder, will have a left-sided margin for vertical shots and a top-sided margin for horizontal shots. A label will be included on the on the front bottom margin, which will contain the project name and date that the photograph was taken. On the back of each print, you must provide an applied label or rubber stamp impression with the following information:
Name of the Project;
Name and address of the photographer;
Name of the Architect;
Your name;
Date the photograph was taken;
Description of vantage point, in terms of location, direction (by compass point), and elevation or level of construction.
Notation of vantage point marked for location and direction of shot on a key plan of the site and building, with elevation (story height) noted.
The photographs must be taken monthly, coinciding with the cutoff date associated with each application for payment. From time-to-time the City may issue a request for additional photographs, in addition to the periodic photographs specified. Additional photographs are not included in the Contract Price and will be paid for by Change Order.
Instructions, Parts List and Operation and Maintenance Manuals
You must furnish a complete list of equipment actually installed. The list must include a copy of pertinent nameplatedata, name and address of local representative who stocks or furnishes repair or replacement parts, and name, address, and telephone number ofthe Subcontractor responsible to you for the equipment under the guarantee. You must guarantee any such equipment with respect to the City.
You must submit suitable operating instructions for each major component of equipment and its controls. Instructions must include a schematic diagram accurately showing equipment and controls as installed. Included with each diagram must be a set of simple operating instructions
City FundedV. Shop Drawings, Product Data, Records and Samples 20
Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
stating how the system is stopped and started, what adjustments are to be made by the operator, and what to do in case of an emergency. Five copies of proposed instructions must be submitted to the Commissioner for review and acceptance. Upon acceptance, you must post applicable instructions as directed by the Commissioner.
You must submit maintenance data prepared by the manufacturer of each major component of equipment and its controls. Data must include complete parts list, itemized lists of common purchase items of materials (e.g., bearings, packing, connectors, sealing devices, and other standard items) indicated by their standard trade designation, recommended routine and inspection maintenance, including testing recommendations to evaluate efficiency of performance, lists of special tools and gauges, lubricating instructions, and recommended spare parts lists, tolerances and clearances required for maintenance, and trouble-shooting guides prepared in a simple format to indicate complaint or problem, probable cause, and remedy. You must submit five copies of the proposed maintenance data to the Commissioner for review and acceptance in accordance with Article XIV.
I. Adjustment of Equipment
Before the Work is turned over to the City, you must furnish the necessary instruments, test equipment, services, and personnel required to adjust and balance each piece of equipment in order to provide a smoothly functioning, well-integrated system complying with the letter and intent of the Contract.
J. Project Account Records
Project Data and Records
You and each Subcontractor must keep an accurate record showing the names, occupation, and the actual hourly wages paid to all laborers, workers and mechanics employed by them in connection with the Work. The record must be open at all reasonable hours to the inspection of the Commissioner and to the Director of Labor of the State of Illinois and his deputies and agents. You also must furnish the Commissioner and the Commissioner with certified copies of the payrolls, in accordance with Section XIII.B.3.d.
You must furnish to the Commissioner upon request a written statement, verified by affidavit, giving the names and addresses of all persons, firms and corporations who have up to that date furnished labor or materials in the performance of the Contract and the amounts due or to become due them.
You and all Subcontractors must furnish the Commissioner with such information as the Commissioner may require relating to labor and materials, including all information necessary to determine the cost of the Work, such as the number of workers employed, their pay, the distribution of labor into Work items, equipment time distribution and any other information that the Commissioner may require. You must, on request, furnish the Commissioner with copies of delivery tickets and invoices, in triplicate, covering the expenditures on the Contract.
Audits
a. You and your Subcontractors must furnish the Commissioner such information as he may request regarding the progress, execution, and cost of the Work. You must maintain complete records showing actual time devoted and costs incurred, adopting
City FundedV. Shop Drawings, Product Data, Records and Samples 21
Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
accounting procedures and practices sufficient to record properly all costs of whatever nature claimed to have been incurred and anticipated to be incurred for or in connection with the Work. This system of accounting must accord with generally accepted accounting principles and practices, consistently applied throughout. You must maintain its books, records, documents and other such evidence for five years after final payment.
All books and accounts you and your Subcontractors are required to keep in connection with the Work under this Contract must be open to inspection and audit by authorized representatives of the City at reasonable times during the performance of the Work, and they must be retained in a safe place and available for inspection and audit during the five-year period after final payment, as provided above. No provision in this Contract granting the City a right of access to records and documents is intended to impair, limit, or affect any right of access to such records and documents that the City would have had in the absence of such provisions.
If the City, in its sole discretion, chooses to conduct an audit either during the performance of the Work or in the five-year period after final payment, each audited calendar year or partial calendar year is considered an "audited period." If, as a result of such an audit, it is determined that you or any of your Subcontractors have overcharged the City in the audited period, the City will notify you. You must then promptly reimburse the City for any amounts the City has paid you due to the overcharges and also some or all of the cost of the audit, as follows:
If the audit has revealed overcharges to the City representing less than 5% ofthe total value, based on the Contract Prices, ofthe goods, work, or services provided in the audited period, then you must reimburse the City for 50% of the cost of the
' audit and 50% ofthe cost of each subsequent audit that the City conducts;
If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the Contract Prices, of the goods, work, or services provided in the audited period, then you must reimburse the City for the full cost ofthe audit and of each subsequent audit.
Your failure to reimburse the City in accordance with V.J.2.C above is an event of default under this Contract, and you will be liable for all ofthe City's cost of collection, including any court cost and attorneys' fees.
Confidentiality
All ofthe reports, information, or data, prepared or assembled by or provided to you under this Contract are confidential and except as specifically authorized in this Contract or as may be required by law, you must not make available the reports, information, or data, to any other individual or organization, without the prior approval ofthe Commissioner. This requirement will survive expiration or termination of this Contract.
Electronic Records
Upon request by the Commissioner, Contractor shall provide the City electronic versions of any hard-copy record documents that the Contractor is required to prepare by the Contract.
City FundedV. Shop Drawings, Product Data, Records and Samples Exhibit 5 Cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
VI. ASSIGNMENT
Assignment of Contract by Contractor
You must not assign the Contract, in whole or in part, without the prior written consent of the Commissioner. The consent of the Commissioner will not relieve you from any obligations under this Contract, or in any other way change the terms of this Contract.
Assignment of Funds or Claims by Contractor
You must not transfer, pledge or assign any Contract funds or claims due or to become due without the prior written consent of the Commissioner. The transfer, pledge or assignment of any Contract funds, either in whole or in part, or any interest in the Contract funds, that are due or to become due to you, without the prior written consent of the Commissioner, is void with respect to the City.
Assignment of Contract by City
The City reserves the right to assign or otherwise transfer all or any part of its interests under this Contract without your consent or approval.
Assigns
All of the terms and conditions of this Contract are binding upon and inure to the benefit of the parties to it and their respective legal representatives, successors, transferees, and assigns.
Requests to Subcontract
All requests to subcontract must be accompanied by three copies of a written subcontract agreement that sets forth the scope of services to be subcontracted, the lump sum or unit price for the services and the signature of the subcontracting parties. Proposed Subcontractors must not commence Work on any portion of the Project without prior written approval by the Commissioner.
VII. QUALITY OF WORKMANSHIP, EQUIPMENT AND MATERIALS
Standard of Performance
In addition to performing the Work in full compliance with the Contract you must perform, or cause to be performed, all Work required of you under the terms and conditions of this Contract with that degree of skill, care, and diligence normally exercised by qualified and experienced contractors in performing work in projects of a scope and magnitude comparable to the Work.
Correction of Work
1. You must, upon discovery of any defective or non-conforming Work, or when directed in writing by the Commissioner, promptly re-perform, correct or remove all Work identified to be defective or as failing to conform to the standards set forth in, or any requirement of the Contract, whether or not completed. You must bear all costs of correcting the defective or non-conforming Work, including costs associated with removing any defective or nonconforming Work, replacing the defective or non-conforming Work with non-defective,
City FundedVII. Quality of Workmanship, Equipment and Materials 23 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
conforming Work and any compensation for any additional equipment, materials and/or services made necessary by the removal and replacement.
If you do not proceed with re-performance, correction or removal of the defective or nonconforming Work after written notice from the City within the time period designated by the notice, the City may correct or remove it and may store the materials and/or equipment at your expense, then complete the corrective Work. If you do not pay the costs incurred for the removal, storage and correction within 10 days after you receive written notice from the City of the amount of the costs, the City may upon 10 additional days' written notice, sell any such materials and/or equipment at an auction or at a private sale and will account for the net proceeds, after deducting all the costs you are required to bear, including compensation for the City's services. If the proceeds of sale do not cover all costs for removal and correction ofthe Work, the difference will be charged to you with a deduction of any amounts due you, and an appropriate Contract modification will be issued. If later payments due you are not sufficient to cover the amount, you must pay the difference to the City, or the City may deduct the amount from any other funds due to you, including any amounts due under any other contract between City and you.
You must not perform any work without lines and grades or beyond the lines shown on the drawings or outside the scope of the Contract, without the prior written consent or direction of the City. It is not authorized, and if you do so you perform it at your sole expense. Upon direction of the City, work so done must be removed or replaced and those areas restored to their previously existing state at your sole expense.
Neither the determination of Final Completion and Acceptance of the Work, nor payment, nor any provisions in the Contract will relieve you of responsibility for defective or nonconforming Work, faulty materials, equipment or workmanship, and unless otherwise specified, you must remedy any defects due to the foregoing and pay for any damage to the Work or other property resulting from defective or non-conforming Work, or faulty materials, equipment or workmanship throughout the Warranty Period, as defined in Section VILE, "Warranties," below, or such other period of time afforded by industry custom or law, whichever is longer. The City will give you written notice of the observed defects with reasonable promptness.
C. Materials and Equipment
Quality of Materials. Unless otherwise specified in the Contract you must use all new materials for the Project and use them in such a manner as to produce completed Work that conforms with the Contract and is acceptable in every detail to the Commissioner. Only materials that conform to the requirements of these specifications may be incorporated or used in the Work. In the absence of a definite specification, materials must be the best of their respective kind with properties best suited to the Work required.
Materials Inspection and Responsibility. Before any material is incorporated into the Work, you must submit a "Request for Materials Inspection" to the Commissioner. You are solely responsible for submitting the requests with sufficient time for the City to conduct its inspection. You are not entitled to payment for uninspected materials. The City has the right to inspect any material to be used in carrying out this Contract. The City does not assume any responsibility for the availability of any materials or equipment required under this Contract. By performing any tests or accepting any materials, the City in no way
City FundedVII. Quality of Workmanship, Equipment and Materials 24 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
relieves you of any of your obligations or responsibility under this Contract. Materials, components or completed Work that do not comply with the Detailed Specifications and other requirements of this Contract may be rejected by the City, and you must replace them at no additional cost to the City. After you receive notice from the City that materials or components have been rejected, you must promptly remove them from the City's premises at no additional cost to the City.
D! Substitution of Materials
The City will consider your request for substitution in cases of product unavailability or other conditions beyond your control.
You must submit each request for substitution separately and each must include:
a. Complete data substantiating compliance of proposed substitution with requirements
stated in the Contract;
Product identification, including manufacturer's name and address
Manufacturer's literature identifying:
Product description
Reference standards
Performance and test data
Samples, as applicable
Names and address of similar projects on which the product has been used, and date of each installation;
Itemized comparison of the proposed substitution with product specified that lists significant variations;
Data relating to changes in the Schedule;
Any effect of substitution on other parts of the Work, any Subcontractors, or any separate contracts;
List of changes required in other Work or products;
Accurate cost data comparing proposed substitution with product specified, including the amount of any net change to Contract Price;
Designation of required license fees or royalties; and
Designation of availability of maintenance services, sources of replacement materials.
3. When you make a formal request for substitution make you are warranting and
representing that:
The proposed substitution is equivalent to or superior in all respects to the product specified;
The same warranties and guarantees will be provided for the substitute as for the product specified; and
You will coordinate the installation of accepted substitutes into the Work and will make such changes as may be required for the Work to be complete in all respects.
City FundedVII. Quality of Workmanship, Equipment and Materials 25 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20!7)
If evidence you present does not, in the sole opinion of the Commissioner, provide a sufficient basis for reasonable certainty that the proposed substitution or deviations will provide a quality, result, function, and esthetic appearance, among other attributes, at least equal to that attainable by the specified product, the Commissioner may reject the substitution or deviation without further investigation.
The Commissioner will judge the design and appearance of proposed substitutes on the basis of their suitability in relation to the overall design of the Project, as well as for their intrinsic merits. The Commissioner will not approve proposed substitutes as equal to items specified that, in the Commissioner's opinion, would be unharmonious, or otherwise inconsistent with the character, quality or design ofthe Project.
You must bear any additional cost, or any loss or damage, arising from the substitution of any material or method for those specified, including the cost for damages incurred by other contractors notwithstanding approval or acceptance of the substitution by the Commissioner, unless the substitution was initiated by the written request or direction of the Commissioner.
The investigation review and approval of substitute materials requires a minimum of 30 days beyond that required for specified routine items. No request for a delay or disruption will be allowed whether or not the substitution is granted.
Approval by the Commissioner of a substitution of material will be given in a Contract modification as required in Article XIV, "Changes in the Work."
E. Warranties
You warrant all Work furnished under this Contract against defective materials and workmanship, improper performance and non-compliance with the Contract for a period of one year after the date of Final Completion and Acceptance of the Work ("Warranty Period"), except as otherwise specifically stated in other parts of the Contract or within such longer periods of time as may be provided by law or by the manufacturer, which periods will then become the Warranty Period as applicable. Your warranty will be in addition to any Manufacturers' Warranties.
Your written warranty will include the name of the project as designated in the Contract, be signed by an officer ofthe company having authority to provide the warranty, and state: "This document serves as a one - year written warranty for the Work performed, and material and equipment installed on the above referenced project. This warranty incorporates all provisions of the Contract that refer or relates to the warranty. This warranty begins on (date)
During the Warranty Period, you must repair and replace at your own expense, when so ordered by the Commissioner, all Work that may develop defects whether these defects may be inherent in the equipment or materials, in the functioning of the piece of equipment, or in the functioning and operation of pieces of equipment operating together as a functional unit. Any equipment or material that is so repaired or replaced will have the Warranty Period extended for a period of one year from the date of the last repair or replacement.
City FundedVII. Quality of Workmanship, Equipment and Materials Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
You must bear all costs associated with any repair or replacement under this section, including removal, material, transportation, and reinstallation.
Manufacturer's Warranties
You must:
ensure that all required Manufacturer's Warranties pass through to the City and the Department;
submit all applicable manufacturers' warranties to the Commissioner and ensure that all warranty forms have been completed in the Department's name and registered with the appropriate manufacturers.
Whenever you make repairs or provide replacements under Section VII.E.3, you must provide a manufacturer's warranty for the repaired or replaced Work, if standard with the manufacturer, in addition to your warranty under Section VII.E.2.
VIII. PERSONNEL
Competency of Workers
You must employ only competent and efficient laborers, mechanics or artisans on the Work, as demonstrated by completion of a specific training program or demonstrated project experience. Whenever, in the opinion of the Commissioner, any worker is careless, incompetent, violates safety or security rules, obstructs the progress of the Work, acts contrary to instructions or acts improperly, or fails to follow the safety requirements of this Contract, you must, upon request of the Commissioner, remove the worker from the Work. You must not permit any person or worker to enter any part of the Work or any buildings connected with it who is under the influence of intoxicating liquors or controlled substances.
Supervision and Superintendence
While Work is in progress, either by your labor force or that of your Subcontractor, you must have a full-time, experienced and qualified superintendent assigned to the Work. You must superintend the Work and must have a competent superintendent at the job site at all times with authority to act for you as the contact person with the Commissioner.
Contractors Project Personnel
No separate payment will be made to you for the cost of personnel. Those costs must be included in the Contract Price.
Key Personnel
Upon award of the Contract, you will submit a project staff organization chart that includes the names and resumes of employees in key positions for this project. All employees in key positions must be approved by the Commissioner.
Changes in the assignment of any key personnel due to commitments not related to this Contract are prohibited without Commissioner's approval. If any key personnel, selected in accordance with the key personnel provisions under this section of the Contract, should become unable to continue in the performance of the assigned duties for reasons due to
City FundedVII. Quality of Workmanship, Equipment and Materials 27 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
death, disability or termination, you must promptly notify the Commissioner and explain the circumstances.
Under a request by Commissioner, you must provide to the Commissioner, within seven days, the name of the person substituting for the individual unable to continue, together with any information the Commissioner may require to judge the experience and competence of the substitute person. Upon approval by the Commissioner, the substitute person will be assigned to the project. If the Commissioner rejects the substitute, you will have seven days after that to provide the name a second substitute person, with any information the Commissioner may require, until a proposed replacement has been approved by the Commissioner.
Prevailing Wage Rates
In the performance ofthe Work, you are fully responsible for paying not less than the prevailing rate of wages as determined by the Illinois Department of Labor, which must be paid to all laborers, mechanics, and other workers performing Work under this Contract.
Your attention is called to the generally prevailing hourly rate of wages, as determined by the Illinois Department of Labor, which are included in the DB Agreement and which are incorporated into the Contract. These wage rates are also the prevailing wage rates for the City of Chicago, as determined by the Department as of the date of publication of these specifications.
The wage rates set forth in these specifications were the rates in effect at the time these specifications were issued. In the performance ofthe Work, however, you are fully responsible for paying the generally prevailing hourly rate of wages in effect, as determined by the Illinois Department of Labor, at the time the Work is performed. If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid for the Work before completion of the Project, the revised rate applies to this Contract from the effective date of the revision, but the revision does not entitle you to any increased compensation under the terms of this Contract.
As a condition of making payment to you, the City may require you to submit an. affidavit to the effect that not less than the prevailing hourly wage rate is being paid to laborers, mechanics, and other workers employed on this Contract in accordance with Illinois law.
"Living Wage"
A. Section 2-92-610 of the Municipal Code of Chicago provides for a base wage for certain categories of workers employed in the performance of City contracts, specifically non-City employed security guards, parking attendants, day laborers, home and health care workers, cashiers, elevator operators, custodial workers, and clerical workers ("Covered Employees"). Accordingly, pursuant to Section 2-92-610 and regulations promulgated thereunder:
if the Contractor has twenty-five (25) or more full-time employees, and
if at any time during the performance of the contract the Contractor and/or any subcontractor or any other entity that provides any portion of the Services (collectively "Performing Parties") uses twenty-five (25) or more full-time security guards, or any number of other full-time Covered Employees, then
28
City Funded VIII. Personnel
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
3. the Contractor must pay its Covered Employees, and must assure that all other Performing Parties pay their Covered Employees, not less than the minimum hourly rate as determined in accordance with this provision (the "Base Wage") for all work performed pursuant to the Contract.
The Contractor's obligation to pay, and to assure payment of, the Base Wage will begin at any time during the Contract term when the conditions set forth in A.1 and A.2 above are met, and will continue thereafter until the end ofthe Contract term.
As of July 1, 2017, the Base Wage is $12.30 per hour. Each July 1st, thereafter the Base Wage will be adjusted, using the most recent federal poverty guidelines for a family of four (4) as published annually by the U.S. Department of Health and Human Services, to constitute the following: the poverty guidelines for a family of four (4) divided by two thousand (2000) hours or the current base wage, whichever is higher. At all times during the term of this Contract, Contractor and all other Performing Parties must pay the Base Wage (as adjusted in accordance with the above). If the payment of prevailing wages is required for work or services done under this Contract, and the prevailing wages for Covered Employees are higher than the Base Wage, then the Contractor must pay the prevailing wage rates.
The Contractor must include provisions in all subcontracts requiring its subcontractors documentation acceptable to the Commissioner demonstrating that all Covered
Employees, whether employed by the Contractor or by a subcontractor, have been paid the Base Wage, upon the City's request for such documentation. The City may independently audit the Contractor and/or subcontractors to verify compliance herewith. Failure to comply with the requirements of this Section will be an event of default under this Contract, and further, failure to comply may result in ineligibility for any award of a City Contract or subcontract for up to three (3) years.
Not-for-Profit Corporations: If the Contractor is a corporation having Federal tax-exempt status under Section'501 (c)(3) ofthe Internal Revenue Code and is recognized under Illinois not-for-profit law, then the provisions of Section A through D above do not apply.
G. Minimum Wage, Mayoral Executive Order 2014-1
Mayoral Executive Order 2014-1 provides for a fair and adequate Minimum Wage to be paid to employees of City contractors and subcontractors performing work on City contracts.
If this contract was advertised on or after October 1, 2014, Contractor must comply with Mayoral Executive Order 2014-1 and any applicable regulations issued by the CPO. The Minimum Wage to be paid pursuant to the Order is $13.45 per hour. The Minimum Wage must be paid to:
• All employees regularly performing work on City property or at a City jobsite.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
• All employees whose regular work entails performing a service for the City under a City contract.
The Minimum Wage is not required to be paid to employees whose work is performed in general support of contractors operations, does not directly relate to the services provided to the City under the contract, and is included in the contract price as overhead, unless that employee's regularly assigned work location is on City property or at a City jobsite. It is also not required to be paid by employers that are 501(c)(3) not-for-profits.
Except as further described, the Minimum Wage is also not required to be paid to categories of employees subject to subsection 4(a)(2), subsection 4(a)(3), subsection 4(d), subsection 4(e), or Section 6 of the Illinois Minimum Wage Law, 820 ILCS 105/1 et seq., in force as of the date of this Contract or as amended. Nevertheless, the Minimum Wage is required to be paid to those workers described in subsections 4(a)(2)(A) and 4(a)(2)(B) of the Illinois Minimum Wage Law.
Additionally, the Minimum Wage is not required to be paid to employees subject to a collective bargaining agreement that provides for different wages than those required by Mayoral Executive Order 2014-1, if that collective bargaining agreement was in force prior to October 1, 2014 or if that collective bargaining agreement clearly and specifically waives the requirements ofthe order.
If the payment a Base Wage pursuant to Municipal Code of Chicago Sect. 2-92-610 is required for work or services done under this Contract, and the Minimum Wage is higher than the Base Wage, then the Contractor must pay the Minimum Wage. Likewise, if the payment of a prevailing wage is required and the prevailing wage is higher than the Minimum Wage, then the Contractor must pay the prevailing wage.
Contractors are reminded that they must comply with Municipal Code Chapter 1-24 establishing a minimum wage.
H. Employment Preferences
Veterans Preference
In accordance with the Veterans Preference Act, 330 ILCS 55/0.01 et seq., employment and appointment preference shall be given to veterans when filling positions. This preference may be given only where the individuals are available and qualified to perform the Work. Contractor must ensure that the above provision is inserted in all contracts it enters into with any Subcontractors and any labor organizations that furnish skilled, unskilled and craft union skilled labor, or that may provide any material, labor, or services in connection with this Agreement.
Chicago and Project Area Residency Requirements '
If the funding under this contract is $100,000 or more, Contractor and all subcontractors that perform work on the site on the construction project undertaken pursuant to this contract shall comply with the minimum percentage of total worker hours performed by actual eligible residents of the City of Chicago as specified in § 2-92-330 of the Municipal Code and rules and regulations adopted thereunder,, unless otherwise prohibited by law.
30
City Funded VIII. Personnel
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
7.5% ofthe total work hours must be performed by project area residents and 50% ofthe total work hours must be performed by city residents unless the Chief Procurement Officer determines otherwise. Work hours performed by project area residents are counted as work hours performed by city residents for purposes of calculating the minimum work hour percentage required to be performed by city residents. In addition to complying with this requirement, Contractor and all Subcontractors must make good faith efforts to utilize qualified eligible residents of the City of Chicago in both unskilled and skilled labor positions.
"City residents" means persons domiciled within the city.
"Project area residents" means persons domiciled within that part ofthe city designated as the project area in the information for bidders issued by the Department of Procurement Services.
"Domicile" means an individual's one and only true, fixed and permanent home and principal establishment.
"Eligible residents" means city residents and project area residents.
"Actual residents ofthe City of Chicago" shall mean persons domiciled within the City of Chicago. The domicile is an individual's one and only true, fixed and permanent home and principal establishment.
The contractor shall provide for the maintenance of adequate employee residency records to ensure that actual eligible Chicago residents are employed on the project. The contractor and subcontractors shall maintain copies of personal documents supportive of every Chicago employee's actual record of residence.
Certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) must be submitted weekly to the Commissioner ofthe supervising department in triplicate, shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name.
Full access to the contractor's and subcontractors' employment record shall be granted to the Chief Procurement Officer, the Commissioner of the supervising department, the Superintendent ofthe Chicago Police Department, the inspector general, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant personnel data in records for a period of at least three years after final acceptance of the work.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
At the direction ofthe supervising department, affidavits and other supporting documentation will be required of the contractor to verify or clarify an employee's actual address when doubt or lack of clarity has arisen.
Good faith efforts on the part of the contractor to provide utilization of actual eligible Chicago residents shall not suffice to replace the actual, verified achievement ofthe requirements of this section concerning the worker hours performed by actual eligible Chicago residents.
When work is completed, in the event that the City has determined that the contractor failed to ensure the fulfillment of the requirement of this section concerning the worker hours performed by actual eligible Chicago residents or has failed to report in the manner as indicated above, the City will thereby be damaged in the failure to provide the benefit of demonstrable employment to Chicagoans to the degree stipulated in this section. Therefore, in such a case of non-compliance it is agreed that 1/20 of 1 percent (.05%), 0.0005, of the approved contract value for this contract shall be surrendered by the contractor to the City in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender ofthe entire liquidated damages as if no Chicago residents were employed in either of the categories. The willful falsification of statements and the certification of payroll date may subject the contractor or subcontractors or employee to prosecution.
Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246," or other affirmative action required for equal opportunity under the provisions of this contract.
3. Employment of Illinois Laborers on Public Works Projects
Contractor must use only Illinois laborers in the performance of this Contract to the extent (1) required by the Employment of Illinois Laborers on Public Works Projects Act, 30 ILCS, 570/0.01, as amended from time to time and (2) otherwise permitted by law.
H. Working hours in city contracts
Eight hours constitutes a legal day's work under this Contract, in accordance with § 2-92-220 of the Municipal Code of Chicago.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
IX. PERMITS AND LICENSES
Contractor Obtains Permits
Except for the three types specified below, you must obtain all permits wherever the Work under this Contract requires them, including from the City of Chicago or other public authorities. You must furnish triplicate copies of the permits to the City before the Work covered by them is started. NO WORK IS ALLOWED TO PROCEED BEFORE SUCH PERMITS ARE OBTAINED.
The City will obtain permits required from the Metropolitan Water Reclamation District of Greater Chicago, the Illinois Division of Waterways and the U.S. Army Corps of Engineers.
Contractor Pays Permit Fees
The special use of, or removal, alteration or replacement of certain City-owned facilities and appurtenances such as traffic signs, parking meters, trees, sewers, hydrants, bridges and viaducts which are required for you to perform your Work are subject to all applicable Municipal Ordinances. It is your responsibility to obtain all the necessary permits and pay the associated fees. You must furnish copies of the permits to the City before the Work covered is started. Information with regard to the above may be obtained by contacting the appropriate City Departments.
Occupancy Placard and Fees
You must provide an occupancy placard indicating occupancy and floor plans based upon key plans provided by the Architect. It is your responsibility to pay all fees and expenses related to providing the occupancy placard.
X. COORDINATION WITH OTHER CITY DEPARTMENTS
Water System Work and Usage
If water from a City hydrant is necessary for the execution of the Work, you must obtain a hydrant permit from the City's Department of Water Management. You must obtain a permit from that department also for any construction, repair or adjustment of any water main, branch or service connection. Requests for permits must be made at the Department of Water Management, City Hall, 121 North LaSalle Street, Room 906, Chicago, Illinois 60602; 312/744-7060.
Sewer System Work
Ifyou will be constructing, repairing, adjusting or cleaning any subsurface structure designed to collect or transport storm and/or sanitary waste water, either in private property or in the public way you, through a licensed drainlayer, must obtain a permit issued under this Section X.B. (A licensed drainlayer is a person possessing a current sewer and drain license issued by the Department of Water Management.) Requests for permits must be made at the Department of Water Management (Sewers and Drains), 333 S. State Street, Room 410, Chicago, IL 60604-3971; 312/747-8117.
City Funded X. Coordination with Other City Departments Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Project plans must be submitted to the Department of Water Management (Sewers and Drains) sufficiently in advance for examination and review. Plans meeting the department's requirements must be submitted with the application for permit at least four days before the issuance of permit. When applying for a permit, you must submit three sets of plans that show all new underground sewer Work inside and around the project with a clear site or location plan together with the estimate of quantities for sewer sizes and sewer structures to be installed.
A copy of the permit must be on the Work site before the start of construction. Failure to obtain a permit before the start of construction will result in a penalty and could result in the revocation ofthe drainlayer's license.
You must arrange for sewer inspections at least 48 hours before the start of Work. Inspections may be requested by calling (312)744-7501 for Plumbing Inspections and (312) 747-7892 for Mason Inspections.
Parking Meter Removal and Replacement
The City via the metered parking concessionaire shall close or remove and opened or reinstall any parking meters, including signs indicating pay boxes, as may be required. However, you must pay all fees and lost meter revenues required by § 9-68-050 of the Chicago Municipal Code. You must advise the Department of Transportation, Bureau of Inspections, Construction Compliance Section (Public Way Permits), Room 804, City Hall, Chicago, Illinois 60602, in writing at least two weeks in advance of the closure citing the location and meter number of the meters to be closed or removed. Closures of less than 6 hours on a given day and limited to less than 10 business days are strongly encouraged, and you must be prepared to detail any reason requiring closures of a longer hourly and daily duration.
You may not remove any parking meters without the express written consent of the Commissioner. If you violate this provision, you (a) recognize that the City will suffer damages as a result, including the costs incurred by the City in tracking, retrieving, and repairing damage to the parking meters, and (b) will be liable for liquidated damages in the amount of $350 for each single-space parking meter or $10,000 for each pay box you removed. All amounts, including any other debts, will be deducted from any amounts due or that may become due you.
Notification must be provided immediately once meters can be opened or reinstalled. That notification must be e-mailed to the Department of Revenue at parking-meter-closure(5) cityofchicaqo.org . Please include "REOPEN/REINSTALL" in the subject line and provide details concerning permit numbers, locations, and dates that the meters may be opened or reinstalled.
The City of Chicago Department of Transportation and the Department of Revenue may modify these requirements in the future.
Traffic and Parking Sign Removal and Replacement
The City will remove and re-install any traffic and parking sign(s) as may be required, however, you will be responsible for all fees relative to the removal and replacement of all ofthe City's traffic and parking signs. You must inform the Bureau of Signs and Markings, in writing, of the location of each sign to be removed and specify its distance from the property line of the
City Funded X. Coordination with Other City Departments Exhibit 5 cont.
Department of Fleet and Facility Management • Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
nearest cross street. Each sign legend must also be stated. This information must be provided at least five days before removal. You must also inform the Bureau of Signs and Markings, in writing, of when signs may be reinstalled as soon as this date is known. Contact the Bureau of Signs and Markings, 3458 S. Lawndale, Chicago, Illinois, 60623, Attn.: Deputy Commissioner, (312)747-2210.
Trees
In accordance with § 10-32-060 etseq. ofthe Municipal Code, you must obtain a permit from the Bureau of Forestry when removing planting, trimming, spraying; or in any way affecting the general health or structure of trees in the public way. There is no fee for this permit. The permit must be obtained from the Bureau of Forestry Permits Division; 3200 S. Kedzie, Chicago, Illinois 60623; (312/747-2098), fax (312) 747-2178.
The Bureau of Forestry requires 48 hours' notice before starting Work for all activities with the exception of tree planting, which requires two weeks' prior notice. To obtain tree planting permits, two copies of the site plan must be presented to the Bureau for its review and approval. A Bureau representative must also assist in the selection of those trees to be planted in the public way. Tree planting standards and specifications are outlined in the Bureau of Forestry's "Manual of Tree Planting Standards," which is available upon request from the Bureau of Forestry.
Demolition
If demolition of a structure or removal of an underground storage tank is required during construction, you must obtain a permit and pay the required fee as set forth in the Municipal Code and its amendments to date. The permit must be obtained from the Department of Construction and Permits, City Hall, 121 North LaSalle Street, Room 900, Chicago, Illinois 60602; (312/744-3400).
XI. SCHEDULE
A. Time
The date for commencement of the Work is the date set forth in the Contract or such other date as may be established at the discretion ofthe Commissioner in a Notice to Proceed. Within five calendar days after the award and release of the Contract, you must provide the Commissioner, a schedule for the performance of the Work, which complies in all respects with the Contract, within the Contract Time. The schedule may be used as a means of determining the progress of your performance of the Work, but neither the provision of the schedule to the City, nor the City's acceptance or use of the schedule, acts in any way to relieve you of any of your obligations under the Contract.
Progress and Completion. TIME IS OF THE ESSENCE IN THIS CONTRACT. No time extensions will be allowed unless they are contained in a Contract Modification that has been approved and executed by the City. Liquidated damages will be assessed against you for late completion of the Work and failure to achieve any milestone dates that provide for liquidated damages set forth in the Contract. You must not suspend any Work that may be subject to damage by climatic conditions without the Commissioner's prior written
City Funded X. Coordination with Other City Departments 35 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
approval. Notwithstanding any other terms contained in this Contract, you must take measures to protect the Work and to minimize the impact of such conditions on the progress of the Work.
Progress Schedule
You must begin performance of the Work and to prosecute it with all due diligence, so as to complete the entire Work under this Contract within the Contract Time stipulated, after the date of commencement of Work, as specified in the written Notice to Proceed to you. The date for the commencement of Work is not counted as a day, but each day after that, from midnight to midnight, is counted as one day and the last day counted is the date of Final Acceptance and Completion of the Work. You must, when necessary, use overtime, multiple shifts, weekend and/or holiday work to maintain the approved schedule at no additional cost to the City.
Except when otherwise specified by the Commissioner, you must provide the progress schedule ("Schedule") for the Work using the Critical Path Method ("CPM") as described in Section XI.D, "Critical Path Method Schedule," below.
The Commissioner's approval of your Schedule is done for the sole purpose of insuring that all CPM scheduling documents you prepare are in conformance with the Contract requirements. This approval does not relieve you of the responsibility for the means, methods, procedures and sequence of the construction process nor does it entitle you to additional funds for completing Work in a period that is less than the Contract Time.
Daily Progress Reports: You and all Subcontractors must prepare and submit to the Commissioner daily progress reports on the various parts of the Work, including in the report the number of workers and the classification of the trades involved, equipment used and any pertinent information regarding possible delays in the Work.
Construction Operations Plan
You must, within 14 days after Notice to Proceed, submit to the Commissioner for review the order of procedure you propose to follow in performing the Work. Work begins only after your proposed order of procedure in performing the Work and the Schedule have been submitted to and consented upon by the Commissioner, in writing. You understand that a reasonable amount of time is required by the Commissioner for the examination of the procedure and Schedule. As Work progresses, changes or modifications in the procedure and Schedule, may be required by the Commissioner. In that event, upon notice from the Commissioner to you, further Work is performed only in accordance with the changed or modified procedure and Schedule as have been submitted to and consented upon, by the Commissioner, in writing.
The Commissioner, in his/her sole discretion, may reject or require modification of any proposed or previously approved order of procedure, that he or she considers to be unsafe for the Work under this Contract, or for other Work being carried on in the vicinity, or for other structures, or for the public, or for workmen, engineers and inspectors employed thereon, or that will not provide for the completion of the Work within the period of time specified in the Schedule, or that is contrary to any other requirement of this Contract.
The City's acceptance or approval of any order or procedure or equipment that you submitted or employ does not in any manner relieve you of responsibility for the
City Funded XII. Meetings 36
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
performance of the Work, or for the safety of the performance of the Work under this Contract, or from any liability whatsoever on account of any procedure employed by you, or due to any failure or movement of any structure or equipment furnished by it. Notwithstanding any approval by the Commissioner, should any structure or equipment installed under this Contract afterwards prove insufficient in strength or fail in any manner whatsoever, the insufficiency or failure in no way forms the basis of any claim for extra compensation for delay, or for damages or expenses caused by the insufficiency or failure, or for an extension of time for completion of the Work, or for material, labor or equipment required for repairing or rebuilding the structure or equipment, or for repairing or replacing any other Work that may have been damaged by the movement or insufficiency or failure of any such structure or equipment, respectively.
D. Critical Path Method ("CPM") Schedule
You must format the Schedule to show the proposed starting and completion date for the various stages of the Work, including any float time, and must prepare it in such a way that it can be used to plot actual progress against proposed progress. You must update the Schedule and submit it to the Commissioner no less than monthly or as directed by the Commissioner. The Commissioner may request more frequent Submittals. Monthly payment will be withheld for failure to submit updated Schedules. One copy of the Schedule must be submitted to the Commissioner in a reproducible format. A copy of the Schedule must be submitted on a computer diskette in a format acceptable to the Commissioner.
You must assure that the Schedule includes, at a minimum:
Project name, Contract number, Contractor's name, data date and plot date on each separate sheet. If multiple diagrams are prepared, each must, in addition to the above, include a descriptive title of that portion ofthe Work included in them.
The order and interdependency of activities, indicating the sequence in which you plan to perform the Work; the Schedule must describe and indicate the critical path; and
Estimates of man hours and/or crew sizes for each activity.
The dates for:
starting and completing the various stages of the Work, including milestones identified by the City in the Contract;
placing material orders, fabrication and delivery of materials and equipment;
preparation, submittal and approval of all required submittals to the City;
procuring material and equipment furnished by the City;
' (5) interface activities performed by other contractors or Subcontractors upon which your Schedule depends;
all Work activities and field construction operations;
equipment installation, testing and balancing.
3. For purposes of the Schedule, "activity" means each logically separate part of the Work
defined by an observable start and an observable finish, subject .to the following:
City Funded XII. Meetings 37
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
To establish the scope of an activity for Schedule purposes, you must form a single activity from the largest grouping of related operations that permit a continuous and measurable flow of Work;
The scope of an activity must be small enough to permit a reasonable appraisal of its status or as directed by the Commissioner;
Each activity on the Schedule must be manpower loaded;
The activities must be defined so that the average activity has a value of approximately $25,000, with no activity exceeding $200,000 without the consent of the Commissioner; and
Activities of other contractors or companies that must be completed before the start of your Work or portion of Work must be included in the Schedule as milestones and identified with a designation approved by the Commissioner.
You must furnish the following information on the Schedule for each activity:
Activity numbers assigned to the related portions of Work in the format of the project specification division and section numbers. You must submit the activity numbers to the Commissioner for review and approval;
A description of the activity that is sufficiently detailed to permit an evaluation of your performance of the Work described;
Duration ofthe activity in days, unless otherwise noted;
Responsibility code for each activity that is not performed by you, indicating which Subcontractor, supplier, fabricator, or other contractor is to perform the activity;
Each activity must be identified with early/late start, early/late finish, and total float;
A breakdown by monthly node of dollar amount and percentage of Contract Price.
In addition to the above, any activity whose start or finish dates has been specified elsewhere in the Contract must be shown as the specified dates in the Schedule.
The following information must be furnished on the Schedule as summary items:
The projected total percentage complete, on a monthly basis;
Anticipated total partial payments, on a monthly basis, including Subcontractor payment breakdown; and
The projected total manpower requirements, on a weekly basis.
Within 14 days after receipt of the detailed Schedule and supporting documents, the Commissioner will either approve the Schedule or reject it with written comments. If the Schedule is rejected, you must submit a revised Schedule within seven calendar days of the date of rejection. The Commissioner's decision to reject the Schedule is final and you may not dispute it under Article XIX of the Contract
You must provide prompt written notice to the Commissioner of any events or other changes that may delay or accelerate the Schedule.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
f. If you fail to provide the Schedule within the time prescribed and/or updates within the stated time frames, it is an event of default under the Contract, and the Commissioner may, in addition to any other remedies available to the City, withhold monthly partial payments until such time as you submit the required information.
Changes to the Schedule
If you propose to make any changes to the Schedule, you must provide the Commissioner notice of the proposed changes, in writing, stating the reasons for the change, identifying each changed activity (including durations and interrelationships between activities) and providing a diskette ofthe proposed changed Schedule.
The originally approved Schedule will be the Baseline Schedule. The Commissioner, in his sole discretion, may approve or disapprove the proposed change in the Schedule to the extent that the change does not extend the Contract Time. He will provide a decision in writing to you within 10 days of receipt of your submission. All monthly updates must be plotted against the current revision of the Baseline Schedule.
If the Commissioner approves the change to the CPM Schedule you must submit a revised Schedule incorporating the change(s) within 10 days after approval along with a written description ofthe change(s) to the Schedule.
Any proposed change that would result in an extension of Contract Time requires a written modification ofthe Contract pursuant to Section XIII.B, "Modifications," ofthe Contract.
Updating. The originally approved CPM will be designated as the Baseline Schedule and will only be changed based on a Contract Modification that extends the Contract duration.
All updates will be plotted against the Baseline Schedule. You must update the CPM Schedule on a monthly basis coincident with the submission of the pay estimate. The updated information must include the Baseline Schedule detail and the following additional information for each activity:
Actual start dates;
Actual finish dates;
Actual activity percent complete;
Remaining duration of activities in progress; and
Critical activities must be identified or highlighted.
The updated information must include the Baseline Schedule detail and the following additional information for each summary item:
Actual monthly and total-to-date Work percentage complete.
Actual monthly partial payments, including Subcontractor partial payments; and
Actual weekly and total-to-date manpower utilization.
c. The City may withhold partial payments if you do not submit updates as required.
City Funded XII. Meetings 39
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Neither an update nor Schedule change may, in itself, extend the term of this Contract. The term of the Contract may only be extended by a written Contract Modification executed pursuant to Section XXIII. B, "Modifications," ofthe Contract.
Narrative Report. As part of the CPM Schedule update, you must prepare a written narrative report, highlighting the progress during the past update period. This written report must include the following information:
Summary of Work accomplished during the past update period;
Contract milestone comparison chart;
Analysis of critical path(s);
Analysis of time lost/gained during the update period;
Identification of problem areas; and
Recommended solutions to current problems.
You are required to attend a monthly CPM Schedule review meeting where the Schedule will be reviewed with the Commissioner. The purpose of this meeting is to review past progress, current status, problem areas and future progress. Your narrative report is reviewed at this meeting. Your representatives attending this meeting must have the authority to commit manpower and/or other resources to correct any negative impact to the Schedule. Any possible means of shortening the Schedule at no additional cost will be brought to the attention of the Commissioner. The Updated Progress Schedule will be used as a guide for verifying estimates of work completed for which payment is requested, and must accurately represent the project's current status. None of the information provided in this Section constitutes a request for a time extension.
E. Recovery Schedule
You must maintain an adequate work force and the necessary materials, supplies and equipment to meet the current approved Schedule. If you, in the sole opinion of the Commissioner, are failing to meet the approved Schedule, including any Contract milestones, you must submit a recovery Schedule (the "CPM Recovery Schedule"). The CPM Recovery Schedule sets forth a plan to eliminate the schedule slippage (negative float). The plan must be specific and show the methods to achieve the recovery of time, e.g., increasing manpower, working overtime, weekend work, employing multiple shifts. You must bear all costs associated with implementing the CPM Recovery Schedule.
Upon receipt of the CPM Recovery Schedule, the Commissioner will review it for conformance with the Contract and degree of detail. The Commissioner, within 14 days after receipt ofthe CPM Recovery Schedule and supporting documents will approve it or reject it with written comments. If the detailed CPM Recovery Schedule is rejected, you must submit a revised CPM Recovery Schedule within seven calendar days after the date of rejection. The Commissioner's decision to reject the CPM Recovery Schedule is final and you may not dispute it.
If you refuse to follow the direction of the Commissioner, the Commissioner reserves the right after seven days written notice to you, to procure the materials, equipment and labor to proceed with or to complete the Work or any portion of it and charge the cost to you.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
The Commissioner's rights under this provision are cumulative to rights under any other provisions of the Contract including the City's rights to terminate for default or to early termination.
Time for Completing Punch List
TIME IS OF THE ESSENCE IN CLOSING OUT THE WORK, and you must begin work immediately after receipt of a list of minor miscellaneous or finishing work known as "Punch List Work." Your failure or that of your Subcontractors to begin the Punch List work within three days of receipt of the Punch List is an event of default.
You must diligently prosecute the Punch List work once begun and complete it within 30 days from receipt of the Punch List. If you fail to complete Punch List work within the 30 day time period, you must pay the liquidated damages set forth in the DB Agreement.
If liquidated damages are assessed, they will be added to the previously determined liquidated damages assessed as of the Substantial Completion Date or the City's beneficial occupancy ofthe Project, whichever occurs earlier. The City's takeover ofthe Project under Section XX.C.3.b., however, does not constitute beneficial occupancy for purposes of liquidated damages.
No Damages for Delay; Extensions of Time
Should you be delayed in starting, prosecuting or completing the Work by any act ofthe City, including a delay, change, addition, deletion or modification in the Work or any omission, neglect or default ofthe City, or by order ofthe City, or anyone employed by or acting on behalf ofthe City, or by any cause beyond your control, none of which are due to any fault, neglect, act or omission on your part, then your relief is limited to an extension of the Contract Time that is no greater than the duration of any such delay. The extension of time releases and discharges the City, its employees, officials, agents and representatives from all claims for damages of whatever character, including any claims you may make on account of disruption, changes in sequence, interference, inefficiency, direct or indirect cost or any other causes of delay.
You must notify the Commissioner in writing of the cause within five calendar days after the delay begins. Consideration of a time extension for events beyond your reasonable control will be made if the delay directly impacts the Schedule for completion of the Work. Events considered to be beyond your reasonable control are limited to acts of God, acts of the public enemy, fires, floods, earthquakes, epidemics, quarantine restrictions, labor strikes at the job site, freight embargoes, or weather significantly more severe than the norm, but only if the listed causes were not foreseeable and did not result from your fault or negligence and only ifyou took reasonable precautions to prevent delays owing to such causes.
Unless otherwise provided in the Contract, the Contract Time is based on normal weather conditions. An extension is granted for weather significantly more severe than the norm only if you demonstrate to the satisfaction of the City that any delay in the progress of the Work was due to such weather. The basis used to define normal weather will be the "normal" data as compiled by the United States Department of Commerce, National Oceanic and Atmospheric Administration in their most current report entitled "Local Climatological Data, Annual Summary with Comparative Data" for the month for which the
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
time extension is sought. The effects of weather less severe than the norm may be taken into account in considering your requests for time extensions for the effects of more severe weather.
¦ 4. No extension of time will be granted under this Section for any delay if you, by your action or inaction, including your fault or negligence or that of your Subcontractors, caused the delay, or for which any remedies are provided under any other provision ofthe Contract.
The grant of an extension of time pursuant to this Section XI.G, "No Damages for Delay and Extension of Time," in no way constitutes a waiver by the City of any rights or remedies existing under this Contract, at law or in equity.
You must submit in writing any claim for extension of time to the Commissioner not more than five days after the delay begins, otherwise the claim is waived. Any claim for extension of time must (i) state the cause of the delay; (ii) specifically demonstrate the impact of the delay on the Schedule; and (iii) state the number of extension days requested. If the cause of the delay is continuing, only one claim is necessary, but you must report, in writing, the cessation of the cause for the delay within 10 days after the termination. Any claim for extension of time that does not comply with this provision constitutes a waiver by you of your rights to any such extension.
After receipt of a timely and properly completed request for a time extension, the City may (i) grant a time extension for the entire length ofthe delay; (ii) grant a time extension for a portion ofthe extent ofthe delay; or (iii) deny the time extension.
If you do not agree with the City's decision on a claim for time extension, you may appeal the ruling to the Chief Procurement Officer under Article XIX, "Claims and Disputes," but only if you have complied with the notice requirements provided in these Terms and Conditions for Construction and the time extension request exceeds five calendar days or the liquidated damages exceed $10,000. The Commissioner's decision is final whenever the time extension request is for a duration of less than five days or the liquidated damages are less than $10,000.
H. Suspension of Work
The Commissioner has authority to suspend the Work wholly, or in part, for such period of time as the Commissioner may deem necessary due to conditions unfavorable for the satisfactory prosecution of the work, or to conditions that, in the Commissioner's opinion, warrant the action or for such time as is necessary by reason of failure on your part to carry out orders given or to perform any or all provisions of the Contract. No additional compensation will be paid to you because of any costs caused by the suspension when the suspension is ordered for reasons resulting from any action or omission on your part or is related to utility adjustments, railroad work, work by other contractors on or near the Work covered by the Contract, or unforeseeable weather conditions.
I. Liquidated Damages
1. If the Work is delayed, you are liable for liquidated damages for every day you fail to achieve the Contract Completion Date (or any milestone completion date that provides for liquidated damages), but only if the delay is not the result of an excusable cause permitted under Section XI.G.2, "No Damages for Delay and Extensions of Time." The specific amount of liquidated damages for which you are liable is set forth in the DB Agreement.
City Funded XII. Meetings 42
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
The City will recover liquidated damages by deducting the amount thereof out of any moneys due or that may become due you. If the moneys are insufficient to cover the damages, then you or your surety must pay the amount due. Nothing contained in this Section is to be construed as limiting the right of the City to recover from you all amounts due or to become due, and all costs and expenses sustained by the City for improper performance under this Contract, repudiation ofthe Contract, failure to begin work on the date of commencement, or failure to perform the Work with adequate forces, equipment or materials or other resources, or breaches in any other respect, including defective workmanship or materials. In addition to liquidated damages for failure to meet any milestones, you are liable to the City for any other damages sustained as the result of your refusal or failure to perform the Work.
If the City permits you to continue to perform Work despite your failure to meet any milestone date set forth in the Contract, the action in no way constitutes a waiver by the City of any rights or remedies that exist under this Contract, at law, or in equity.
XII. MEETINGS
Pre-Construction Meeting
Before beginning Work, the Commissioner may conduct a Pre-Construction meeting. Your representatives and Subcontractors must attend. The purpose ofthe meeting is to establish lines of authority and communication and the identification of duties and responsibilities ofthe organizations. Discussion will cover specific contract plans, specifications, unusual conditions, schedules of completion, and other features of the Contract. The Commissioner may conduct additional coordination meetings at his discretion.
Weekly Review Meetings
The Commissioner may conduct weekly review meetings. At a minimum, your project manager and superintendent must attend. However, you must arrange for Subcontractors to attend the meetings if expressly requested by the Commissioner. The meetings may include the following:
Review of Work progress since the previous weekly review meeting;
Discussion of field observations, problems and decisions;
Review of off-site fabrication problems and other problems affecting in the Contract Time;
Review of equipment deliveries;
Discussion of corrective measures and procedures to achieve the CPM Schedule;
Review of submittal schedules and effect on the CPM Schedule;
Review of proposed Contract changes and effect on the construction schedule;
Coordination requirements;
Clarifications and decisions required of the Commissioner;
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Review of your forces on the Work; and
Review of Project Record Document status and content.
C. Monthly Review Meetings
The Commissioner may conduct monthly review meetings. At a minimum, your project manager and superintendent must attend. However, you must arrange for Subcontractors to attend the meetings if expressly requested by the Commissioner. The meetings may include the following:
Review of Work progress since the previous monthly review meeting;
Discussion of field observations, problems and decisions;
Review of off-site fabrication problems and other problems affecting the CPM Schedule;
Review of equipment deliveries;
Discussion of corrective measures and procedures to achieve completion in the Contract Time;
Review of submittal schedules and effect on the CPM Schedule;
Review of proposed Contract changes and effect on the Schedule;
Coordination requirements;
Clarifications and decisions required ofthe Commissioner;
Review of your forces on the Work; and
Review of Project Record Document status and content.
XIII. PAYMENTS
A. Contract Price
The "Contract Price" is the total dollar amount of your bid accepted by the City, including approved change orders. It includes all labor, equipment, materials, permits, licenses, fees, and taxes necessary to perform the Work. In the case of a lump sum Contract Price or lump sum line item, you must provide the Commissioner with a breakdown that includes a schedule of costs for the various parts of the Work included in the lump sum. The total of these costs must equal the lump sum Contract Price or lump sum line items, as applicable.
The breakdown must be submitted in such form and detail, and supported as to correctness by such data, as the Commissioner may direct. The City will make no payment to you until you have submitted the breakdown and the Schedule required by Article XI, "Schedule," and the Commissioner has approved them. The breakdown may be used for verifying monthly progress payments upon substantiation ofthe costs detailed and the progress of the Work.
For unit price line items, measurement and payment is as specified in the Detailed Specifications.
B. . Procedure for Monthly Payment Requests and Final Payment
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
You and the City will agree upon a payment schedule of at least once per month, or more frequently if appropriate or if specified elsewhere in the Contract. The Commissioner will process payment requests pursuant to that agreement if your payment requests, in the Commissioner's sole judgment, are acceptable in form and content, and if the Work for which payment is being requested has been completed according to the terms and conditions of this Contract. All payment requests are subject to correction by the Commissioner.
In cases where you proceed to perform and complete the Work properly under the Contract, progress payments will be processed on a monthly basis unless the amount earned is greater than $1,000,000, then payments may be made twice a month. The payment period ends on the monthly anniversary date of the Notice to Proceed.
Each monthly payment request must include one original and two copies of the following:
Certified Statement. You must submit certified statement(s) (signed by an authorized individual and notarized) for each payment request; the statement, in the form acceptable to the Commissioner, must list the following for you and for each Subcontractor and supplier for the period for which payment is requested:
the name and business address ofthe particular Subcontractor or supplier;
description ofthe work performed and/or product supplied;
indication of whether the Subcontractor or supplier is an MBE, WBE, or a non-certified firm.
the total amount of the particular subcontract;
the amount previously paid to the Subcontractor and the dates paid;
the amount of the monthly pay request you will pay to each individual Subcontractor and/or supplier from payments you receive on the request, and the dates those amounts were invoiced or requested by the Subcontractor or supplier;
the balance remaining under the subcontract to complete the Work.
Partial Waivers of Lien to Date and Affidavit for Payment. Following your first payment request, you must submit Partial Waivers of Lien from all Subcontractors and suppliers that performed services and provided supplies during the month before your previous payment request. The Partial Waivers of Lien must be in a form acceptable to the City and must identify, at a minimum, the payment request number and time period covered. The Partial Wavier of Lien must be in dollar amount equal to the dollar amount of the services performed or supplies provided by the Subcontractor or supplier during the relevant time period. With every payment request, you must also submit an Affidavit for Payment from all Subcontractors and suppliers for whose services or supplies you request payment. The Affidavit for payment must be in a form acceptable to the Commissioner and identify, at a minimum, the payment estimate number, the time period covered, and the total amount invoiced by the Subcontractor or supplier, and the total amount paid to the Subcontractor or supplier to date.
Status Report of MBE/WBE Subcontract Payments. A status report of MBEAA/BE Subcontractor payments, as required by the Contract documents, must be submitted with each monthly invoice in the form required by the City; and
City Funded Exhibit 5 cont.
Department of Fleet arid Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
Certified Payrolls. You and all Subcontractors working on the job site must submit three copies of certified payrolls for the payment period to the Commissioner every week until all Work is completed. All payrolls must be identified with Contractor or Subcontractor's name, as appropriate, Contract name and be sequentially numbered. If there are periods of no Work by you or a Subcontractor, you must submit a payroll labeled "NO WORK." The final payroll must be clearly labeled "FINAL". Certified payrolls are required to assure EEO compliance as well as wage compliance. Race, worker classification, and gender must be clearly marked for each employee on the certified payroll along with all additional information required by the Chief Procurement Officer. An employee's address should appear every time his or her name appears on the payroll. You must submit the certified payrolls and additional information regarding EEO and wage compliance by providing a Payroll Summary Report in the form required by the Chief Procurement Officer. You and each Subcontractor must submit the EEO report forms required by the City and U.S. Department of Labor reflecting fully the periods of Work covered by the partial payment request. When directed, contractor shall be required to submit payrolls electronically using the City certified payroll reporting system.
You must declare subcontractor payments with each invoice submitted to the City. You are required also to inform subcontractor each time you submit an invoice to the City that includes work for which you have been billed by the subcontractor. The Subcontractor Payment Certification Form can be downloaded from the City's website at www.cityofchicago.org/finance/subcontractorform . The information from this form will be recorded in the City's financial system and posted on the City website.
C. Payment for Stored Material
Whether stored on- or off-the job site, the risk of loss for stored material will remain with you, and you must insure the stored materials against the risk of loss, theft or damage until its installment in the Work.
Payment for material stored on the job site will be 100% of a valid invoice. No payment will be made for materials stored off the job site unless otherwise authorized by the Commissioner in accordance with Section XIII.C.3. If Materials stored on the job site cannot be incorporated in the finished Work within a reasonable period of time you may include them in the monthly progress payment, but only if the following documents are submitted with the request for payment:
Paid invoices showing the cost of material or equipment;
Waiver of lien from the supplier indicating that the cost of the material or equipment was paid; and
Inspection tickets showing that material or equipment had been inspected and accepted by the City.
Payment for material stored off-site, if authorized, will be-100% of a valid invoice when you have provided the Commissioner with the documents and assurances listed and complied with the requirements below:
a. "A paid invoice from the supplier showing the unit, quantity, description ofthe material or equipment and costs;
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
A waiver of lien from the supplier for the total amount of the material purchased;
Inspection for all ofthe material stored;
A certified statement giving the exact location of the materials or equipment, stating that:
you have inspected all of the material stored and that it is complete and in good condition;
the materials are suitably stored and maintained at a bonded, secure and environmentally appropriate location that the Commissioner has agreed upon and subject to the conditions required or established by him;
you have complied with procedures satisfactory to the Commissioner to establish the City's title to the materials or otherwise protect the City's interest in them, including, insurance, storage and transportation to the Project site for the materials stored off-site, as the Commissioner may reasonably require;
the materials, equipment and associated fabricated components will not be diverted away from the Project;
a certificate of insurance coverage for the stored material upon which payment is requested;
Immediately upon receipt of payment for the material, you must prepare and execute all documents required to transfer title to the City, including, any Uniform Commercial Code documentation necessary to perfect transfer of title; and
All material and Work covered by payments will thereupon become the sole property of the City, subject to your obligation to insure it until Acceptance of the Work.
D. Retainage
I. Pursuant to § 2-92-250 ofthe Municipal Code, no retainage shall be withheld by the City. As a matter of prompt payment to subcontractors as required by Section XIII.E, Contractor must not withhold retainage from subcontractors in any form, including but not limited to administrative fees. E. Prompt Payment to Subcontractors
Payment Within Seven Days. The Contractor must make payment to its Subcontractors within 7 days of receipt of payment from the City for each invoice, but only if the Subcontractor has satisfactorily provided goods or services or completed its work or services in accordance with the Contract Documents and provided the Contractor with all of the documents and information required ofthe Contractor. The Contractor may delay or postpone payment for a to a Subcontractor when the Subcontractor's work or materials do not comply with the requirements ofthe Contract Documents, the Contractor is acting in good faith, and not in retaliation for a Subcontractor exercising legal or contractual rights.
Liquidated Damages for Failure to Promptly Pay. Much of the City's economic vitality derives from the success of its small businesses. The failure by contractors to pay their subcontractors in a timely manner, therefore, is clearly detrimental to the City. Inasmuch as
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
the actual damages to the City due to such failure are uncertain in amount and difficult to prove, Contractor and City agree that the Commissioner may assess liquidated damages against contractors who fail to meet their prompt payment requirements. Such liquidated damages shall be assessed to compensate the City for any and all damage incurred due to the failure of the Contractor to promptly pay its subcontractors, and does not constitute a penalty. Any and all such liquidated damages collected by the City shall be used to improve the administration and outreach efforts ofthe City's Small Business Program.
3. Reporting Failures to Promptly Pay. The City posts payments to prime contractors on the web at
nts/beqin.do?aqencyld=citv.
If the Contractor, without reasonable cause, fails to make any payment to its Subcontractors and material suppliers within 7 days after receipt of payment under a City contract, the Contractor shall pay to its Subcontractors and material suppliers, in addition to the payment due them, interest in the amount of 2% per month, calculated from the expiration ofthe 7-day period until fully paid.
In the event that a Contractor fails to make payment to a Subcontractor within the 7-day period required above, the Subcontractor may notify the City by submitting a report form that may be downloaded from the DPS website at:
dardFormsAgreements/Failure to Promtly Pay Fillable Form 3 2013.pdf
The report will require the Subcontractor to affirm that (a) its invoice to the Contractor was included in the payment request submitted by the contractor to the City and (b) Subcontractor has not, at the time of the report, received payment from the contractor for that invoice. The report must reference the payment (voucher) number posted online by the City in the notice of the payment to the contractor. Subcontractors are hereby reminded that per Chapters 1-21, "False Statements," and 1-22, "False Claims," of the Municipal Code of Chicago, making false statements or claims to the City are violations of law and subject to a range of penalties including fines and debarment.
4. Action by the City. Upon receipt of an electronic report of a failure to pay, the City will issue notice to the contractor, and provide the contractor with an opportunity to demonstrate reasonable cause for failing to make payment within applicable period set forth in the Contract. The Commissioner, in his or her sole judgment, shall determine whether any cause for nonpayment provided by a contractor is reasonable. In the event that the contractor fails to demonstrate reasonable cause for failure to make payment, the City shall notify the contractor that it will assess liquidated damages. Any such liquidated damages will be assessed according to the following schedule:
First Unexcused Report: $50 Second Unexcused Report: $100 Third Unexcused Report: $250
City Funded XIII. Payments 48
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Fourth Unexcused Report: $500
Fifth and Each Succeeding
Unexcused Report: $1,000
The liquidated damages set forth above shall be assessed per unexcused report per contract, i.e., each successive report regarding a contractor's failure to pay under this Contract will be assessed liquidated damages, regardless of which subcontractor files the unexcused report(s).
By executing this Agreement, Contractor acknowledges and agrees that the City may collect such damages by deducting any amount due to the City from the next payment to be made to the Contractor. In the event that no further payments are due to Contractor, Contractor agrees to promptly pay such liquidated damages as it may owe to the City. Failure to make such payment within thirty (30) days of receipt of notice ofthe assessment of liquidated damages may result in Contractor being debarred from participating in City contracts for a period of not less than one year.
Contractors are reminded that each unexcused failure to pay promptly is an event of default under the Contract and, in addition to the liquidated damages provided for in this Section, is subject to the remedies found in Section XX.C of this Contract. Contractors are further reminded that per Section 2-92-270 ofthe Municipal Code of Chicago, failure to pay subcontractors as required by law and the Contract may result in the City suspending payments to Contractor and making direct payments to such subcontractors. Any such direct payments shall be from funds due and owing to the contractor.
Whistleblower Protection. Contractor shall not take any retaliatory action against any subcontractor for reporting non-payment pursuant to this Section E. Any such retaliatory action is an event of default under this Contract and is subject to the remedies set forth in Section XX.C hereof, including termination. In addition to those remedies, any retaliatory action by a contractor may result in a contractor being deemed non-responsible for future City contracts or, if, in the sole judgment ofthe Commissioner, such retaliatory action is egregious, the Commissioner may initiate debarment proceedings against the contractor. Any such debarment shall be for a period of not less than one year.
If the Commissioner determines that the circumstances pertaining to a contractor's failure to pay promptly warrant excusing such non-performance, or determines that excusing such non-performance is in the best interests ofthe City, the Commissioner may waive any ofthe remedies provided in this Section E. Each such waiver is discrete, non-precedential and does not constitute a waiver of any subsequent remedies against a contractor who fails to comply with the terms and conditions set forth herein.
F. Payments Withheld
1. The Commissioner may decline a request for payment if, in the Commissioner's sole opinion, the request for payment is not adequately supported. If you and the Commissioner cannot agree on a revised amount, the Commissioner must process the payment in the amount he deems appropriate.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
The Commissioner may decline to process any payment or may rescind in whole or in part any approval previously made to the extent that may be necessary in his sole opinion because of any failure to perform any obligation under the Contract, including:
Failure or refusal to provide the City the required initial schedule for the Work or monthly schedule updates and obtain the City's approval for either or both;
Your failure to remedy defective Work;
Your failure to make payments to Subcontractors, or employees, or provide partial waivers of lien;
Your failure to maintain timely progress of the Work as stated in your schedule, or the City's determination that the-Work will not be completed within the Contract Time, or your failure to carry out the Work in accordance with the Contract;
Failure to follow the City, State, Federal, or Contract safety and security requirements;
Failure to maintain insurance policies as required by the Contract and/or to provide to the Commissioner each evidence of insurance coverage, in the form of current certificates of insurance, as he or she may require;
Failure to comply with other requirements as referenced in the Contract;
Failure to provide certified payrolls or other documents required under Section XI.G, "No Damages for Delay and Extensions of Time."
i. Failure to provide material inspections as required by the Contract; and
j. Failure to provide contract deliverables such as, accurate Record Drawings, warranties, guarantees, manuals, etc.
Pursuant to § 2-92-270 of the Municipal Code, the Chief Procurement Officer may, in his sole discretion, direct that no further payments be made, or vouchers or estimates issued to you, if he determines that you have failed to pay any Subcontractor, employee or worker for Work performed under this Contract. Failure to submit "Status Report of MBEAA/BE Subcontract Payment" or "Certified Statement" as required under Section XIII.B. may result in a determination that you have failed to pay your Subcontractor(s). The City may withhold payment until you demonstrate, to the satisfaction of the Chief Procurement Officer, that payments to the Subcontractors, employees or workers have been made in full.
If the Chief Procurement Officer gives you notice under Section XXIII.H that no further vouchers or estimates will be issued or payments made on the Contract until the Subcontractors, workers, and employees have been paid, and you neglect or refuse for a period of 10 days or more after notice was given to pay those Subcontractors, workers or employees, the Chief Procurement Officer may apply any money due, or that may become due, under the Contract to the payment of those Subcontractors, workers or employees without further notice to you and the effect will be the same, for purposes of payment to you of the Contract Price, as if the City had paid you directly.
The failure of the City, however, to retain and apply any money, or of the Chief Procurement Officer to order or direct that no vouchers or estimates be issued or further payments made, will not, nor will the paying over of the reserved percentage without the Subcontractor, workers, or employees being first paid, in any way affect your liability or
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
that of your sureties to the City, or to any such Subcontractor, worker or employee upon any bond given in connection with this Contract.
Debts; Outstanding Parking Violation Complaints
In accordance with § 2-92-380 ofthe Municipal Code, and as otherwise permitted by law, in addition to any other rights and remedies (including any set-off) available to the City under the Contract or permitted at law or in equity, the City is entitled to set off a portion of the Contract price or compensation due under the Contract, in an amount equal to the amount ofthe fines and penalties for each outstanding parking violation complaint and the amount of any debt owed by the contracting party to the City. For purposes of this provision, the terms "outstanding parking violation complaints" and "debt" are defined in the Municipal Code as are the conditions under which no set-off will be made.
Provisions Relating to Liens
Contractor will notify Subcontractors that no mechanic's lien under the Illinois Mechanics' Lien Act, 770 ILCS 60/23, etseq., will be permitted to arise, be filed, or maintained against public funds, the Project, or any part of it, or any interest in them, or any improvements on them, or against any monies due or to become due to Contractor on account of any work, labor, services, materials, equipment, or other items performed or furnished for or in connection with the Project to the extent permitted by law. Contractor, for itself and its Subcontractors, expressly waives, releases, and relinquishes such liens and all rights to file or maintain such liens; and Contractor further covenants that this waiver of liens and waiver ofthe rights to file or maintain such liens is an independent covenant.
If any of Subcontractors, employees, officials, agents, or any other person directly or indirectly acting for, through, or on their behalf files or maintains a lien or claim under the Illinois Mechanic's Lien Act, 770 ILCS 60/23, et seq., against public funds or against any monies due or to become due to Contractor on account of any Work, labor, services, materials, equipment, or other items performed or furnished for or in connection with the Project, Contractor must cause such liens and claims to be satisfied, removed, or discharged within 30 days from the date of filing. The City may extend the 30 day period if (i) the City determines that the lien claim cannot be so satisfied, removed, or discharged in such period and (ii) Contractor, in the City's sole determination, is proceeding diligently to cause such liens or claims to be satisfied, removed or discharged. The City has the right, in addition to all other rights and remedies provided under this Contract or by law, to cause such liens or claims to be satisfied, removed, or discharged by any means at Contractor's sole cost, such cost to include reasonable legal fees.
The City's rights under this Section XIII.F, "Payments Withheld," are cumulative with any other rights provided for under this Contract. Failure by the City to exercise any such right afforded in this Contract, or at law or in equity, will not constitute a waiver of that right.
G. Payment for Changes
1. Payment for Changes. The amount to be paid by the City for changes (additions, deletions or revisions) in the Work or directions to change the Contract Time, will be made in accordance with Sections XIII.G.1 .a through XIII.G.1 f below.
City Funded XIII. Payments ' 51
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Unit Price Basis. Should the changes in the plans result in an increase or decrease in the quantities of unit priced Work to be performed, you will accept payment as follows:
All increases in the Work ofthe type that appears in the Contract as unit price items will, except as provided in Section XIII.G.I.b., "Proposal Basis," be paid for at the Contract unit bid prices. Decreases in quantities included in the Contract will be deducted from the Contract value at the unit bid prices. No allowances will be made for delays or anticipated profits.
Quantities in excess of 125% of the bid quantities, when the total dollar value of the unit price item exceeds 5% ofthe original Contract bid amount, will be paid for at a negotiated unit price based on costs that are demonstrated by you and agreed to by the Commissioner. The negotiated unit price can be higher or lower than the Bid Unit Price. Quantities in excess of 125% ofthe bid quantities, when the total dollar value on any unit price item does not exceed 5% of the total value of the original Contract bid amount, will be paid at the bid unit price.
Quantities below 75% of the bid quantities, when the total value of the unit price item exceeds 5% of the Contract Price at the time of bid, will be paid for at a negotiated unit price based on costs which are demonstrated by you and agreed to by the Commissioner. The negotiated unit price can be higher or lower than the Bid Unit Price. Quantities below 75% ofthe bid quantities, when the total value on any unit price item does not exceed 5% of the total value of the Contract Price at the time of bid will be paid at the bid unit price.
If the Commissioner and you are unable to agree on a negotiated unit price, the Commissioner will determine a unit price, prepare a Contract Modification with the Work so priced, that you will sign. You may, however, timely dispute the amount of the unit price to the Chief Procurement Officer under Article XIX, "Claims and Disputes." This is the only Contract Modification in which the release language required by Section XIV.D., "Contractor's Release," will not be included.
Proposal Basis. If there are no unit prices for the changed Work, the payment may be based upon a price agreed to by the City and you. The proposal submitted will be a starting point for negotiation between the City and you. You must submit any proposal for consideration for changed Work in writing, breaking down the Work to be done into segments of cost as follows:
Labor. For all hourly wage labor and hourly wage foremen in direct charge ofthe specific operations, you will receive the prevailing rate of wage for every hour that the labor and foremen are actually engaged in the Work. No additional allowance or payment will be made for general superintendence.
You will receive the actual costs paid to, or in behalf of, workers for health and welfare benefits, pension fund benefits or other benefits, when the amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the Work.
An amount not to exceed 30% of XIII.G.1 ,b.(1) above and an amount not to exceed 10% of XIII.G.I.b.(2) above will also be paid to you.
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Insurance and Payroll Taxes. Cost for property damage, liability, and worker's compensation insurance premiums, unemployment insurance contributions and social security taxes on the extra Work, to which an amount not to exceed 10% of the cost of these items will be added. You must furnish satisfactory evidence of the rates paid for the insurance and taxes.
Materials. For materials accepted by the Commissioner and used as an integral part of finished Work, you will receive the actual costs of the materials delivered on the job site, including transportation charges that you paid (exclusive of machinery rentals as set forth below), as shown by original receipted bills, to which 15% will be added to the first $10,000.00 and 10% for any amounts over $10,000.00.
Equipment. Number of proposed equipment hours multiplied by the rate as allowed by the latest revision of "Schedule of Average Equipment Ownership Expense With Operating Cost" as issued by I DOT, or in the AED Compilation of Rental Rates if equipment is to be rented, for the period that the machinery and equipment are to be used on the Work, to which no percent will be added. Where machinery and equipment are not listed in these schedules, then the rates will be determined by the Commissioner after reviewing all of your available records or other information concerning the expense of operating that type of equipment.
Cost for Increase in Performance and Payment Bond. You will furnish the Commissioner written documentation from the surety of the rate or rates applicable for additional bonding for this Contract. These rates will be applied to all the changes increasing or decreasing the Contract Price. No bonding costs will be allowed for Subcontractors. In the absence of written documentation from the surety, a percentage ofthe total change, as determined by the Commissioner, will be added or subtracted to cover the increase or decrease of the cost of the bond.
When Work is to be performed by a Subcontractor, the proposal may include as administrative costs for you an amount not to exceed 5% of the first $10,000.00 and 1% of any amount over $10,000.00 of the total approved costs of the Work. The Subcontractor, however, is not allowed any additional markup if it sublets its Work. The use of a Subcontractor requires the approval ofthe Commissioner. All subcontracted costs must be supported by proposals from the Subcontractors performing the Work. The Subcontractor's proposal must be broken down into its various parts of Work as described in items XIII.G.1 .b.(1) through XIII.G.I.b.(8) above, or as required by the Commissioner.
c. Time and Material Basis. If the Commissioner and you cannot agree on a price based on a proposal, the Work will be paid for on a time and material basis. Work that is done on a time and material basis will be paid for as follows:
Labor. For all hourly wage labor and hourly wage foremen in direct charge ofthe specific operations, you will receive the prevailing rate of wage for every hour that the labor and foremen are actually engaged in the Work. No additional allowance or payment will be made for general superintendence.
You will receive the actual costs paid to, or in behalf of, workers for health and welfare benefits, pension fund benefits or other benefits, when the amounts are
City Funded XIII. Payments 53
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the Work.
An amount not to exceed 30% of XIII.G.1 c.(1) above and an amount not to exceed 10% of XIII.G.1 .c.(2) above will also be paid to you.
No payment will be made for labor performed on a time and material basis until you have furnished the Commissioner with itemized statements of the labor cost-as follows.
Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman.
Certified payrolls or certified copies of them, pertinent to the Work for which payment is requested. The payroll records will contain the name, address and social security number of each employee, the employees correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The time and material bills will be audited and corrected against the certified payrolls. Falsification ofthe certified payroll is an offense punishable by law.
Insurance and Payroll Tax. For property damage, liability, and workers compensation insurance premiums, unemployment insurance contributions and social security taxes on the time and material Work, you will receive the actual costs, to which 10% will be added. No payment will be made for insurance and payroll taxes until you have furnished satisfactory evidence ofthe rate or rates paid for the insurance and tax.
Materials. For materials accepted by the Commissioner and used as an integral part of finished Work, you will receive the actual costs of the materials delivered on the job site, including transportation charges paid by him (exclusive of machinery rentals as set forth below), as shown by original receipted bills, to which 15% will be added to the first $10,000.00 and 10% for any amounts over $10,000.00.
You will be reimbursed for any materials used in the construction ofthe Work, such as sheeting, falsework, form lumber, burlap, or other materials for curing, etc., that are not integral part of the finished Work. The amount of reimbursement will be agreed upon in writing before the Work is begun and no percent will be added. The salvage value of the materials will be taken into consideration in the reimbursement agreed upon.
No payment will be made for material cost until you have furnished itemized statements ofthe material costs, which must include:
Quantities of materials, prices, and extension;
Material transportation costs supported by receipted invoices; and
Receipted invoices for all materials used. However, if materials used on the time and material Work are not specifically purchased for the Work but are taken from your stock, then in lieu of the invoices, you will furnish an affidavit certifying that the materials were from your stock, that the quantity claimed was
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
actually used, and that the price and transportation claimed represent the actual cost to you. The price quoted for the material must be reasonable and acceptable as per the normal industry practice.
(9) Equipment. You will be paid for all machinery and equipment (other than small
tools as currently defined by the Illinois Department of Transportation) used on the
Work in accordance with the latest revision of "Schedule of Average Annual
Equipment Ownership Expense with Operating Cost," as issued by the Illinois
Department of Transportation, for the period that the machinery and equipment
are in use on the Work, to which no percent will be added. Where machinery and
equipment are not listed in this schedule, the rates will be determined by the
Commissioner after reviewing all your available records or other information
concerning the expense of operating that type of equipment. Where idle time for
equipment is authorized by the Commissioner, it will be paid at a rate not to exceed
50% of the rates described above.
When equipment is rented, you will receive actual rental cost as shown by original receipted bills to which 5% will be added.
No payment will be made for equipment unless designations, dates, daily hours, rental rates, and extensions for each unit of machinery and equipment are shown on the itemized statement of time and material Work.
Bond. The City will pay you the actual increase in cost of your performance bond. You will furnish from the bonding company written documentation of the rate or rates applicable for additional bonding for this Contract. These rate/rates will be applied to all the changes increasing or decreasing the Contract value. No bonding costs will be allowed for Subcontractors. In the absence of written documentation from the bonding company, a percentage of the total change, as determined by the Commissioner, will be added or subtracted to cover the increase or decrease of the cost of the bond.
When Work is performed by Subcontractor, you will receive as administrative costs an amount equal to10% of the first $10,000 and 5% of any amount over $10,000 ofthe total approved costs ofthe Work. The Subcontractor, however, is not allowed any additional markup if it sublets its Work. The use of a Subcontractor will require the approval of the Commissioner. All subcontracted costs must be supported by invoices from the Subcontractors performing the Work. The Subcontractors' invoices must be submitted in the form described in items (1) through (4) above.
Documentation. For additional Work performed on a time and material basis you will each day submit to the Commissioner detailed and complete records of the labor, material, equipment, and other costs relating to any force account Work performed on the day the Work is performed. You and the Commissioner will sign these daily extra Work reports.
Base Contract Work on a Premium Time Basis.
(a) For Contract Work performed outside of regularly schedule working hours as defined by the Contract, premium time costs will be paid, only if expressly
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
directed in writing by the Commissioner before you begin the Work. Compensation, when authorized, will cover only the direct cost ofthe premium portion of the time involved and will be without any charge for insurance. No payment will be made for union fringe benefits on the premium portion of the time unless expressly required by union agreement. Taxes that are attributed to the premium portion of the time will be paid. Ifyou seek to charge taxes, the Commissioner may require you to supply verification that the employees' Social Security Tax, Federal Unemployment Tax, and State Unemployment Tax limits have not been exceeded.
An amount equal to 7% of the sum of the premium portion of the work plus taxes will also be paid to you to cover job site general conditions, overhead, and profit. All indirect costs are considered part of the overhead, including supervision, engineering, and other technical personnel.
If you enter into a subcontract, you will be allowed an additional 2% of the Subcontractor's premium time billing to cover your supervisory and related expense on subcontract operations. The Subcontractor is not allowed the additional 2% if it sublets its Work.
You must keep Daily Work Reports for the premium time hours signed by you and the Commissioner. The reports must indicate the time of day when the Work was performed and wage rate differential that will be charged. Billings must reflect hours reported on Daily Work Reports.
Changes on Lump Sum Contracts or Lump Sum Items in Unit Priced Contracts.
All increases or decreases in the Work that is listed in the approved schedule of values will be priced, for the purpose of any change, based on the amounts stated for the Work in the approved schedule of values.
All invoices for changed work. You must submit all invoices for changed work within 45 days following completion of the changed work. Failure to provide a complete invoice for the changed work within that period, will authorize the Commissioner, to determine the final amount for the Contract Modification that may be awarded without your signature.
Miscellaneous.
For the purposes of this Section, any business entity which employs field labor and performs Contract Work on the job site is defined as a Subcontractor." (This definition excludes suppliers/deliverers of materials.)
When the extra Work involves only supply of material without any field labor at the job site, the supplier, for the purposes of this Section, will be considered a "Materials Subcontractor" and the mark up specified in Section XIII.G.1 .c (6), "Materials," will apply.
Expenses incurred by the City. Upon written request of the Commissioner, you will pay the costs related to the Work that are the responsibility of the City. You
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
will be reimbursed for the actual amount paid out to which will be added a markup as specified in Section XIII.G.1 .c above.
2. Change Claims:
If you and Commissioner are unable to agree on the price and/or time extension in connection with a change, you must, within 15 days of completing the changed work, provide written notice to the Commissioner of the amount of money and/or time extension sought by you and the Contractual and factual basis for each. You will designate the document Notice of Claim.
The Commissioner will, within 30 days from receipt of the Notice of Claim, respond by requesting a meeting with you, making a written request for additional information from you, including a general statement ofthe basis for the claim, the facts underlying the claim, the notice to the Commissioner of the change that gave rise to the claim, reference to the applicable Contract provisions, and all documentation that describes, relates to and supports the claim; taking other action to attempt to resolve the Notice of Claim, and/or advising you in writing that it should file a claim under Article XIX, "Claims and Disputes." Any steps taken by the Commissioner to resolve the Notice of Claim will not exceed 60 days from receipt ofthe Notice of Claim unless you agree to an additional amount of time in writing.
If the Notice of Claim cannot be resolved as provided for in Section XIII.G.2, you must follow the requirements of Sections XIX.B and C, "Claims" and "Disputes."
If you do not agree with the adjustment for time and/or money proposed by the Commissioner, you must follow the procedures set out by the Contract to file a claim and/or dispute as provided in Article XIX, Failure to follow the procedures set out by the Contract to file a claim and/or dispute as provided in Article XIX, constitutes a waiver of the right to make a claim or file a Dispute to the Chief Procurement Officer. In the event of your waiver, you may file a Dispute under Section XX with the Chief Procurement Officer seeking a final decision as to the adjustment for the changed work.
I I. Night, Sunday and Holiday Work
Whenever you are permitted to perform Work at night, or on Sundays or State or Federal holidays, or to vary the period of hours during which any work is carried on each day, you must give written notice to the Commissioner, at least 24 hours in advance, so that proper inspection may be provided. The Work will be done under regulations to be furnished in writing by the Commissioner, and no extra compensation will be allowed therefore.
I. Acceleration
1. If progress falls behind the approved schedule, the Commissioner may direct and authorize you, in writing, to perform premium time work as indicated in TIME OF COMPLETION in the Proposal section ofthe specifications. No additional compensation will be paid for such premium time work and the cost incurred for inspection and testing during the premium time work will be considered as "extra" inspection, and reimbursement will be provided by you as described in Section XV.C, "Materials and Equipment Testing and Inspection."
City Funded Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
If conditions are encountered where you are specifically directed and authorized in writing by the Commissioner to perform premium time work, on the original contract, to advance an already established completion date of an event or the project, or project milestone, you will be compensated in accordance with Section XIII.G.c (15).
When the premium time Work is performed by approved subcontractor, you will receive a markup as specified in Section XIII.G.c (15) ofthe Contract.
J.
K. Electronic Ordering And Invoices
The Contractor will cooperate in good faith with the City in implementing electronic ordering and invoicing, including but not limited to catalogs, purchase orders, releases, and invoices. Contractor will accept electronic purchase orders and releases upon request of the Commissioner. Contractor will provide the City electronic catalogs, copies of invoices and other electronic documents upon request. The electronic ordering and invoice documents will be in a format specified by the City and transmitted by an electronic means specified by the City. Such electronic means may include, but are not limited to, disks, e-mail, EDI, FTP, web sites, and third party electronic services. The Commissioner reserves the right to change the document format and/or the means of transmission upon written notice to the Contractor. Contractor will ensure that the essential information, as determined by the Commissioner, in the electronic document, corresponds to that information submitted by the Contractor in its paper documents. The electronic documents will be in addition to paper documents required by this Contract, however, by written notice to the Contractor, the Commissioner may deem any or all of the electronic ordering and invoice documents the official documents and/or eliminate the requirement for paper ordering and invoice documents.
XIV. CHANGES IN THE WORK
City's Right to Change Work
The Commissioner reserves the right to order, in writing, changes in the Work or the Contract Time without prior notice to your surety. You are obligated to perform in a timely manner the changed Work included in the written notice from the Commissioner. These changes may consist of additions, deletions, or other revisions, at the discretion of the City. You must begin the changed work upon receipt of a Field Order, signed by the Commissioner, unilaterally directing changes in the Work or Contract Time.
Contractor's Request
Within 14 days of receipt of the written notice from the Commissioner, you must submit to the Commissioner a written request for adjustment to the Contract Price and/or Contract Time for the revised Work.
Contract Modification
The final provisions of the Proposed Contract Modification, including the adjustment in the / Contract Sum and/or the Contract time, if any, will be incorporated into a written Contract Modification signed by the City and you.
Contractor's Release
City Funded XIII. Payments 58
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
All Contract Modifications constitute a full release of the City from any liability for any additional compensation or extension of time arising or resulting from the Work performed pursuant to the Contract Modification. By executing a Contract Modification, you accept the compensation and/or time extension provided in it in full accord and satisfaction for that Contract Modification, and you expressly waive, release and relinquish all additional claims and demands relating to or arising out of the matters covered by that Contract Modification, including direct or indirect cost, profit, or damages related to disruptions.
Performance of Changed Work
You must promptly proceed with any changes in the Work or Contract Time as directed by a written order ofthe Commissioner ("Field Order"), in accordance with Section XIV.A., "City's Right to Change Work," with or without any Contract Modification. Your refusal or failure to proceed promptly with the changed Work as directed constitutes an event of default under the Contract. No change to the Work by you as directed by the Commissioner will operate to invalidate the Contract or release your surety.
Change Claims and Disputes
If you and Commissioner are unable to agree on the price and/or time extension in connection with a change, the procedures set forth in Article XIX, "Claims and Disputes," will govern.
XV. TESTING & INSPECTION
Material, Inspection and Responsibility
The City has the right to inspect all materials, equipment and each part or detail of Work, at any time, to be used in carrying out this Contract. The City does not assume any responsibility for the availability of any materials or equipment required under this Contract. You are responsible for all materials, components and completed Work furnished under this Contract. The City may reject materials, components or completed Work not complying with the terms and provisions of this Contract and you must replaced it or them at no additional cost to the City. You must promptly remove any rejected materials or components rejected from the City's premises at no additional cost to the City after you receive notice from the City that the materials or components have been rejected.
Inspection ofthe Work
All materials and equipment and each part or detail of the Work are subject at all times to inspection by the Commissioner or the Commissioner's authorized representatives. You are held strictly to the requirements of the Contract with respect to quality of materials, workmanship and the diligent execution ofthe Contract. Inspection may include mill, plant, shop and field inspection of any material or equipment furnished and any installation and construction under the Contract. You must allow the Commissioner and his representatives access to all parts of the Work and furnish such information and assistance as may be required to make a complete and detailed inspection.
All tests performed by or at the direction of the Commissioner under this Contract are to verify that the materials you are providing meet the Contract requirements. You, at your
XIV. Changes in the Work
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2(117)
own expense, may perform or have others perform similar tests for the purpose of maintaining the quality of the material being provided. Payment will not be made for uninspected or unauthorized use of materials incorporated into the Work.
You must remove or uncover such portions of the finished Work as the Commissioner may direct before acceptance. After the examination, you must restore the portion of the Work to the standard required by the Contract. If the Work thus exposed or examined proves acceptable, the City will pay the expenses of uncovering, removing and/or replacing the parts as extra work, but if the Work so exposed or examined is unacceptable, you must bear the expense of uncovering, removing and/or replacing of it in accordance with the Contract.
Except as may be otherwise specified in other sections ofthe Contract, the Commissioner will make final inspection of all Work included in the Contract as soon as possible after you notify him that the Work is substantially completed and ready for acceptance. If the Work is not acceptable to the Commissioner at the time of the inspection, he or she will inform you as to the particular defects to be remedied before the Work is accepted as substantially complete.
C. Materials and Equipment Testing and Inspection
You must provide the Commissioner sufficient notice of placing orders to permit tests to be completed before the materials are incorporated into the Work. You must afford such facilities as the Commissioner may require for collecting and forwarding Samples and making inspections and test. All Samples must be furnished without charge to the Commissioner. You must not make use of or incorporate into the Work the materials represented by the Samples until tests have been made and the materials have been found to be in accordance with the requirements ofthe Contract.
For materials that are integral parts of machinery or equipment or of parts of equipment that you or your Subcontractor normally stock, you must furnish the original and one copy of certified tests made at the time of production. You will keep the original and the Commissioner will retain the copy.
You must assure that the Commissioner has free entry, at all times while Work is being performed, to all parts of the manufacturer's works that concern the manufacture of the material or equipment ordered. The Commissioner must be permitted to examine all components and subassemblies. Assemblies and parts must be numbered for identification. You must provide the Commissioner with a detailed production schedule before the first inspection. After review ofthe schedule, the Commissioner will inform you of the methods, extent of inspection, facilities desired and date of inspection. You will afford the Commissioner without charge, all facilities necessary to determine that the material or equipment furnished are in accordance with the Contract. Test and inspection may be at the place of manufacture before shipment.
If for any reason, the City elects not to make the tests, the Commissioner may direct you to make the necessary tests. You must furnish a certification of the ordered tests after completion. The Commissioner reserves the right to inspect and reject all materials or equipment that were previously inspected and accepted at the place of manufacture or source of supply, after they were delivered to the Work site, if the materials or equipment do not meet the requirements of the Contract.
XV. Testing and Inspection
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
When an inspection trip is terminated due to insufficient materials, unacceptable quality, Contractor labor problems, or Contractor equipment problems, you must pay the City its costs for any additional inspection trip.
The Contract documents may require you to include the cost of travel and living expenses for a specific number of City employees and/or other persons for a specific test. The manufacturer or you must furnish a certification of the ordered tests after completion. The Commissioner reserves the right to reinspect and reject all materials or equipment that have been previously inspected and accepted at the place of manufacture or source of supply, after they have been delivered to the site if the materials or equipment do not meet the requirements ofthe Contract.
Unless otherwise provided, all materials will be sampled and tested in accordance with the latest published standards and methods of the American Society for Testing and Materials (ASTM) and any revisions of them. If there are no ASTM standards that apply, applicable standard methods of other recognized standardizing agencies will be used. You must provide the name and qualifications of any such standardizing agency to the Commissioner for review and approval.
D. Testing Laboratory Labels
You must submit all equipment containing electrical wiring to the City for acceptance before installation. All electrical components that you furnished and installed or assemble under this Contract must be approved and so labeled by one ofthe following Testing Laboratories:
Underwriters' Laboratories (UL)
Canadian Standards Association (CSA)
Electrical Testing Laboratory of New York (ETL)
Illinois Institute of Technology research Institute (IITRI)
American Gas Association (AGA)
Factory Mutual Research Corporation (FMRC)
Maintenance and Electrical Testing (MET)
American Research Lab (ARL)
Any electrical unit comprised of a number of components, assembled at the factory and considered custom made, must bear one of the above labels for the entire unit as well as for each component.
You must pay all costs in obtaining a testing laboratory label at no additional cost to the City. Any delays in completion of the Work caused by the manufacturer of equipment in obtaining the required testing laboratory labels and the City approval are not grounds for an extension of time beyond the time of completion indicated in the Contract.
XV. Testing and Inspection
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
XVI. CONTRACTOR PRACTICES AT SITE
Cooperation Among Contractors
You must conduct the Work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors within or adjacent to the Work site. You must assume all liability, financial or otherwise, in connection with this Contract, and must protect and save harmless the City from all damages or claims that may arise because of inconvenience, delay, or loss experienced due to the presence and operations of other contractors working within the limits of the Work. You must assume all responsibility for Work not completed or accepted due to the presence and operations of other contractors. You must coordinate and tie-in, where appropriate, your Work with that of others in an acceptable manner and perform the Work in proper sequence to the work of others. When other contractors cause any damage to the Work that you performed, you must file claims with the other contractors, and not against the City, and you must obtain compensation for damage directly from those other contractors.
Protection of Persons and Property
1. Protection of Existing Structures and Property. You must avoid causing damage to trees, plant life, sidewalks, curbs, streets, alleys, pavements, utilities, adjoining property, the work of other contractors and the property of the City and others, and must, at your own expense, repair any damage that you or any Subcontractor may cause.
You are responsible for loss or damage by fire or theft of equipment, material, or other property of the City, incurred while the equipment, material or other property is located in any field office or on the site of the Work. Further, you must repair or replace any such equipment, material or other property so lost or damaged, to the satisfaction of the Commissioner, at no additional cost to the City.
You must familiarize yourself with the requirements of local and state laws applicable to underpinning, shoring and other Work affecting adjoining property and, wherever and whenever required by law, site conditions or standard industry practice, you must shore-up, brace, underpin, secure and protect all foundations and other parts of existing structures adjacent to, adjoining and in the vicinity of the Work site that may be in any way affected by the excavations or other operations connected with the Work to be performed under this Contract.
You are responsible for the giving of all required notices to any adjacent or adjoining property owner or other potentially affected party. The notice must be served in sufficient time so as not to delay the progress of the Work under this Contract.
You must take such precautions as are necessary to insure the safety of private property owners, lessees, and their invitees against injury caused as a result of settlement or displacement of structures. You must immediately proceed with all shoring or other Work necessary to restore the private property owner's property to a safe condition. If you fail to undertake the Work within 24 hours after written notice by the Commissioner, the City may proceed to repair or restore any such structure to a safe condition, and the cost of it will be deducted from any compensation due, or that may become due to you.
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
If, in the prosecution of the Work, it is necessary to excavate or occupy any street, alley, or public grounds of the City, you must erect and maintain such barriers, and, during the night time, such lights as will effectively prevent the happening of any accidents or damage to life, limb, or property in consequence of such excavation or occupation of such street, alley, or public grounds. You are liable for all damage occasioned by you, your agents, employees or Subcontractors of any tier in the excavation or occupation of any street, alley, or public grounds, and you must indemnify the City pursuant to Article XVIII, "Insurance, Indemnity and Bonds."
Upon Final Completion and Final Acceptance ofthe Work, you must remove all machinery, equipment, materials, false work, rubbish or temporary structures and leave the Work site and the premises of any private property owners in as good condition as they were before commencement of Work.
Materials and equipment necessary for the performance of the Work may only be placed, stored or allowed to occupy any space in public streets or alleys upon the written consent of the Commissioner. It is the City's intent that the operations under this Contract are conducted as far as practicable without interference with the public use of streets and alleys. All materials or equipment used in the performance of the Work must be placed so as not to impede traffic on streets and alleys adjacent to the site of the Work, and to allow free access to all fire hydrants, water valves and manholes that are a part of electric, telephone and telegraph conduit lines, fire alarms and police call boxes in the vicinity.
In removing existing pavements, sidewalks, curbs, gutters, walls, foundations, vaults and other structures, the use of any type of impact device in a manner that might damage buildings or their foundations, or other underground structures and utilities is not permitted.
You must indemnify and hold the City harmless from any damage due to settlement or the loss of lateral support of adjacent or adjoining property and from all loss or expense and all damages for which the City may become liable in consequence of the injury or damage to adjacent and adjoining structures and their premises. Your indemnity obligations will survive the expiration or termination of this Contract and include and apply to any liabilities and duties placed upon the City as owner or occupant of the property on which the improvements provided for in this Contract are to be constructed, by the provisions of an Act entitled "An Act to Prescribe the Duty of an Owner or Occupant of Lands Upon Which Excavations are Made in Reference to the Furnishing of Lateral and Subjacent Support to Adjoining Lands and Structures Thereon." See of 765 ILCS 140/0.01 et seq.
2. Existing and Proposed Utilities. The Contract may show existing utilities lying within the limits of the Work, such as sewers, manholes, catch basins, gas lines, water lines, telephone and electrical duct lines, CTA facilities, and similar structures. The City does not guarantee the completeness or accuracy ofthe information regarding utilities, whether public or privately owned. You must make your own investigation to determine the existence, nature and location of all utilities at the Work site. You must verify the exact location of all utilities that may interfere with performance of the Work and must report to the Commissioner any differences from the locations shown on the Contract.
You must so arrange and conduct your Work that utilities may be removed, relocated or supported during excavation and maintained in service until the Work is completed. In addition, you must arrange and conduct your Work that utilities may be replaced,
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
rearranged or relocated before backfill being placed. You must cooperate with the owners of those utilities in the performance of the Work.
Where existing utilities are abandoned and it is necessary to remove them due to the performance of the Work, you must remove them at no additional cost to the City, and they will become your property.
It is your responsibility to protect those existing utilities that are to remain in operation during and after completion of the Work, and any new utilities installed by others during the performance ofthe Work. You will be held fully responsible for any damage resulting from your performance of the Work, and will be required to repair, replace or reconstruct any utilities damaged, at your own expense, to the satisfaction ofthe Commissioner. The protection of the utilities as specified in this Contract must be at no additional cost to the City.
Utilities Outside the Limits of the Work. You must protect and maintain City-owned water lines, sewers, connections and appurtenances and all City-owned electrical conduits, cables, vaults and appurtenances that are located entirely outside the limits of the Work in a satisfactory manner until the completion of the Work. Whenever in the performance of the Work it is necessary, because of the nature of the Work or because of your method of performing the Work, to support, remove, replace, relocate, rearrange, adjust or repair such City-owned structures located entirely outside ofthe excavations, you must notify the appropriate City department to perform the Work, and must cooperate with the department in preserving service. You must reimburse the appropriate City department for the cost of performing the Work at no additional cost to the City under the terms of this Contract.
Utility Relocation and Continuance of Service Plan. You must prepare a Utility Relocation and Continuance of Service Plan, identifying procedures, locations, time frames and affected agencies and private owners. The Plan must be submitted to the Commissioner for review within 14 days after the Notice to Proceed.
Cooperation with Utilities. You must cooperate with all utility companies involved in connection with the removal, temporary relocation, reconstruction, or abandonment by these agencies of all services or facilities owned or operated by them within the limits of the Work.
Work Performed by Others. The Work must be performed with a minimum of interference to street traffic in the area. You must coordinate your Work with that of other City contractors, with contractors employed by adjacent property owners, and with contractors employed by any other party or parties for work on utilities to insure the best progress of the Work as a whole.
Preservation and Protection of City Standard Bench Monuments and Survey Controls. You are responsible for the preservation and protection of all City Standard Bench Monuments, in accordance with the provisions of § 10-4-220 of the Municipal Code and Article 105.09 ofthe Standard Specifications, and as directed by the Commissioner. Any survey control point that you disturb or remove you must replace or reestablish to the satisfaction ofthe Commissioner, at no additional cost to the City. DAMAGE TO ANY OF THE CITY STANDARD BENCH MONUMENTS WILL RESULT IN YOUR BEING PROSECUTED TO THE FULL MEASURE OF THE LAW. The Department of General
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
Services will pursue the matter of compensation for damages incurred by the City resulting from your actions or your failure to act during the execution of Work on this project.
Protection of Streets and Traffic. You must provide all necessary barricades, signs, flags, lights and reflectors. You must assure that vehicular and pedestrian traffic on all streets, including adjacent streets, bridges, overpass structures and ramps is maintained during the performance of the Work in accordance with the requirements ofthe Contract.
Temporary Restoration of Trench Cuts. Failure to maintain the temporary restoration of trench cuts, which causes the surrounding work area to be in an impassable and/or hazardous condition thereby creating undue inconvenience and danger to area residents is an event of default under this Contract.
Temporary Barriers, Signs, Lights and Flaggers. You must furnish, relocate and remove portable barricades and lights, collision protection, temporary signs (including traffic and project signs) and supports as directed by the Commissioner; and furnishing all necessary flaggers and other protection necessary for the maintenance of traffic flow in a safe and orderly fashion, as required by Article 107.14 ofthe IDOT Standard_Specifications, except as otherwise specified in the Contract.
You must maintain, repair or replace all damaged or destroyed appurtenances referenced in the immediately preceding paragraph throughout the life ofthe Contract. Maintenance includes cleaning of the barricades and traffic signs by means of clean water. Flaggers must be provided whenever circumstances warrant.
The barricades must be erected, moved, repaired and repainted as required. Upon the completion of the Work, all barricades remain your property and must be promptly removed from the Work site.
Historical and Scientific Specimens. You must preserve and deliver to the Commissioner any specimens of historical or scientific value encountered in the Work, as directed by the Commissioner.
Protection of Streets, Alleys and Public Grounds
When excavating or occupying any street, alley or public grounds of the City, you must erect and maintain temporary barriers and, during the night time, lights that will effectively prevent accidents or damage to life, limb or property in consequence ofthe excavation or occupation of the street, alley or public grounds. You are liable for all damages as a result of the excavation or occupation of any street, alley or public grounds, or by the carelessness of you, your subcontractors, agents, employees or workers and must indemnify and hold harmless the City against all judgments rendered against it by reason thereof.
Protection of Existing Trees in the Right of Way
1. In accordance with the provisions of Chapter 10-32 ofthe Municipal Code you must protect all trees and shrubs at the construction site from damage. You must restore all damaged parkways to their original condition and repair or remove and replace any trees and shrubs damaged as a result of construction activity (as determined by the Department of Streets and Sanitation, Bureau of Forestry) at your expense. If any trees or shrubs damaged by construction activity must be removed and replaced, and trees or shrubs of comparable size, type, and value are unavailable or the time for planting is unsuitable, the City will
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
charge you their appraised value determined as provided under § 10-32-200 of the Municipal Code, which amount the City will deduct from amounts due you, or, if no amounts are due, then you must promptly pay the City the amounts determined. Any tree greater than 4" D.B.H. that is permanently damaged due to the construction project and "not originally marked for removal must be replaced with a new tree as identified by the Bureau of Forestry and must have a minimum of 4" caliper B&B. Any damaged tree smaller than 4" caliper measured 6" above the ground must be replaced in kind, inch for inch.
2. You must install a protection barrier or temporary fence of at least 1.2m (4 feet) in height around each tree to be protected and preserved. The tree protection must be installed before the actual construction starts and maintained for the duration of the project.
Within this protection zone, you must prevent construction materials from being stored, equipment from being operated and temporary storage buildings or work trailers from being placed.
The protection barrier must be constructed of orange snow fencing securely fastened to fence posts spaced a maximum of 1.5 m (5 feet) on center. Posts are 1.8m (6 feet) in length with 61 cm (2 feet) set into the ground and 1.2m (4 feet) extending above ground. The fencing must be attached to the post with a minimum of four nylon locking ties evenly spaced at each post.
Dimensions of the protection barrier are as follows:
Trees located in Tree Pits: Where trees are located within Tree Pits, the temporary fencing should be installed at a minimum distance ofthe inside dimension ofthe Tree Pit opening with one stake at each corner ofthe opening.
Trees located in Parkways or Boulevards:
Small Trees (<9" D.B.H.): Minimum 1.5m (5 feet) from face of tree along the parkway length. In the dimension bordered by the public sidewalk or curb, the temporary fencing must be the width of the grass parkway with a maximum offset of 30cm (1 foot) from back of curb or edge of sidewalk. In no case must the closure be less than 61cm (2 feet) from the centerline ofthe tree.
(Example: 6" Tree in a 6' parkway as measured from back of curb to sidewalk. The dimension ofthe protection fencing would be 1.2m x 3m (4' x 10') with tree in the center). Note: Larger grass parkways (>12') may allow for a ten foot by ten foot (10' x 10'). Thus, the dimension bordered by the sidewalk or curb would not affect fencing distance.
Medium (10"to 15" D.B.H.): Minimum often (10) feet from face of tree along the parkway length. In the dimension bordered by the public sidewalk or curb, the fencing must be the width of the grass parkway with a maximum offset of one foot from back of curb or edge of sidewalk. In no case must the closure be less than two feet from the centerline of the tree.
Large (>15" D.B.H.): Minimum of 15 feet from face of tree along the parkway length. In the dimension bordered by the public sidewalk or curb, the fencing must be the width of
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
the grass parkway with a maximum offset of one foot from back of curb or edge of sidewalk. In no case must the closure be less than two feet from the centerline of the tree.
E. Care of Existing Structures and Property
Property Access Maintenance Plan. You must prepare a Property Access Maintenance Plan consistent with the requirements ofthe Contract. The plan must be submitted to the Commissioner for review within 14 days after award of the Contract. You must comply with all applicable Federal, State, and local requirements. You must also comply with the following requirements:
Maintain vehicle and pedestrian access to properties;
Maintain pedestrian access on both sides of all streets;
Provide access walkways to all buildings and businesses;
Sidewalks must remain open to the maximum extent possible;
Provide temporary relocation of access, where required;
Provide advisory and temporary signs for pedestrian and vehicle access changes and reroutings; and
Coordinate delivery locations and timing.
Before doing any Work adjacent to or on the site of any buildings or other structures adjoining or in the line of the Work to be performed under the Contract, you must supply written notice of it to the owner or owners that the Work is to be done, and must cooperate with the owner(s) in the maintaining, removing, relocating, rearranging or adjusting
. wherever necessary, of all basements of buildings, subsidewalk vaults, tunnels, conduits, wires, poles, pipes, gas mains, cables, steam and street railway tracks and equipment, or other appliances and structures located in any portion of the streets, public areas, highways and easements to be occupied or used during the prosecution ofthe Work.
Wherever in the performance ofthe Work it is necessary to remove, reconstruct, relocate, rearrange, adjust or repair City-owned sewers, catch basins, manholes, inlets, sewers connections and appurtenances by reason of the fact that the structures and appurtenances pass through or are located within the limits ofthe Work as shown on the plans, or ordered by the Commissioner you must perform the Work necessary to remove, reconstruct, relocate, rearrange, adjust or repair those structures and appurtenances, unless otherwise noted on the plans.
The Commissioner will, at his sole discretion, direct you to modify your method of Work to interfere as little as possible with the normal conduct of business in or around the portions ofthe buildings or structures in use.
The building or structures may be in full time use and operation and will continue in normal use during performance of the Work. Building facilities, including heating, ventilation, and air conditioning, lighting and plumbing, will not be interrupted in the occupied areas, except as required for making connections to power sources as specified below.
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
You will serve written notification to the Commissioner requesting any anticipated interruption in facilities at least two weeks before disruption of services. You must provide any temporary facilities deemed necessary by the Commissioner due to a disruption of services. The Commissioner, in his sole discretion, will determine the procedures, times of day and dates you may accomplish the Work and may reject or modify your request.
Storage of all material and/or equipment must be in areas approved by the Commissioner, in a manner to minimize interference with the normal conduct of business in or around the occupied portions ofthe building and vehicular areas.
4. You must not perform Work on City-owned water mains, connections and appurtenances or on any City-owned electrical conduits, cables, vaults and appurtenances unless the City has abandoned the structure and the Commissioner has authorized the Work or the Work is included in the Contract. But, you must adjust City-owned water manholes and electric manholes that are shown as "to be adjusted" on the plans.
You must protect and maintain in a manner satisfactory to the Commissioner, protect and maintain all City-owned water mains, connections and appurtenances and all City-owned electrical conduits, cables, vaults and appurtenances that are located entirely outside of the neat lines of the excavation as shown on the plans or as ordered by the Commissioner, until the completion ofthe Work under the Contract. Whenever in the performance of the Work under the Contract it becomes necessary because of the nature of the Work required by the Contract or because of your method of performing the Work, to support, remove, replace, relocate, rearrange, adjust or repair those City-owned structures located entirely outside of the excavations, you must notify the appropriate City Department to perform the Work, and must cooperate with the Department in preserving service in or through them. You must reimburse the appropriate City Department for the cost of performing the Work, and the cost must be included in the various Contract prices.
Without cost to you the City will support, protect and maintain all City-owned water mains, connections and appurtenances and all City-owned electrical conduits, cables, vaults and appurtenances, any part of which is located inside of the neat lines of the excavations as shown on the plans or ordered by the Commissioner, or it will remove, replace, relocate, rearrange, adjust, or repair them, both inside and outside of the excavations. You, however, must adjust those City-owned water manholes and electric manholes that are shown as "to be adjusted" on the plans. Whenever in the performance of the Work under the Contract it becomes necessary to support, protect, maintain, remove, replace, relocate, rearrange, adjust or repair such City-owned structures any part of which is located inside of the excavations, you must notify the appropriate City department to perform the Work and must cooperate with the department in preserving service in or through them.
With the exception of the City-owned water mains, connections and appurtenances and the City-owned electric conduits, cables, vaults and appurtenances described above, and with the exception of City-owned structures that are to be removed or otherwise Worked upon as part ofthe requirements ofthe Contract, you must support, protect, maintain or relocate and rebuild all poles, trees, shrubbery, fences, sewers,
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
pipes, conduits, cables, wires, manholes, tunnels, buildings, subways and other City-owned structures that pass through and are located within the excavations or that are adjacent to the Work to be constructed under the Contract during the construction and until the completion of the Work under the Contract.
You must notify and cooperate with the owners thereof in maintaining, removing, relocating, rearranging, or adjusting wherever necessary, all basements of buildings, subsidewalk vaults, tunnels, conduits, wires, poles, pipes, gas mains, cables, steam and street railway tracks and equipment or other appliances or structures located in any portion of the streets, public areas, highways and easements that are to be occupied or used during the construction of the Work specified under the Contract.
Wherever in the performance of the Work specified under the Contract it becomes necessary to remove, replace, rearrange, adjust or repair City-owned sewers, catch basins, manholes, inlets, sewer connections and appurtenances by reason ofthe fact that the structures and appurtenances pass through or are located within the limits of the excavations as shown on the plans or ordered by the Commissioner, you must perform the Work necessary to remove, replace, relocate, rearrange, adjust or repair the structures and appurtenances. The cost of performing the Work must be included in the Contract price.
Wherever in the performance of the work specified under the Contract it becomes necessary to support and maintain City-owned sewers, catch basins, manholes, inlets, sewer connections and appurtenances or wherever it becomes necessary as a result of your methods of construction during the Work under the Contract, to remove, replace, relocate, rearrange, adjust, or repair City-owned sewers, catch basins, manholes, inlets, sewer connections and appurtenances (other than those specified in the last preceding paragraph) you must perform the Work necessary to support, maintain, remove, replace, relocate, rearrange, adjust or repair the structures and appurtenances, and you must bear the cost of the Work without any additional compensation for it.
It is the intention ofthe specifications that you include in the appropriate Contract Price or prices, all necessary cost and expense of supporting, maintaining, removing, replacing, relocating, rearranging, adjusting or repairing all City-owned appliances and structures (other than City-owned water mains, connection and appurtenances and City-owned electrical conduits, cables, vaults and appurtenances described in Section XVI.E.4.b), encountered in or affected by the Work, and that you must also include in the price or prices all necessary cost and expense of removing structures that have been or will be abandoned by their owners and that are necessary to be removed in order to construct work'under the Contract, but you must not include in the price or prices the cost or expense of supporting, maintaining, moving, replacing, relocating, rearranging, adjusting or repairing those appliances or structures that are not owned by the City and are not abandoned by their owners, except as may be otherwise specified below in this Section.
You must take all reasonable precautions for the protection of buildings, railroad tracks, street railway tracks and appurtenances, and other appliances and structures not owned by the City.
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
You must determine the methods to be employed, the procedure to be followed, the equipment, plant, falsework, shoring, bracing and other temporary structures and equipment to be used on the Work, subject to the requirements of the Contract and the approval ofthe Commissioner. Only adequate and safe procedures, methods, structures and equipment must be used.
You must provide drawings and calculations for all equipment, falsework, shoring, bracing and other temporary structures required for the Work, designed, signed and sealed by an Illinois licensed structural engineer. You must submit copies of all such drawings and calculations to the Commissioner for information only.
Field Check of Dimensions, Cutting and Patching. Where the Work connects to existing structures or appurtenances, you must take complete field measurements affecting all Work under this Contract and are solely responsible for the proper fit between the Work and existing structures or appurtenances. You must perform all cutting, patching, or fitting of Work that may be required to properly fit together the several parts of the Work and the existing structures or appurtenances.
Contractor's Layout ofthe Work. You are responsible for the correct lay-out and accurate fitting of all parts of the Work. You must furnish at your own expense all labor, materials and other expenses necessary for, or incidental to, the setting and maintaining of lines and grades (exclusive of the Work of establishing the original reference base line and bench marks that will be performed by the City). No separate payment to you for the cost of any of the Work specified in this Contract. The cost is included in the Contract unit or lump sum prices.
Salvage of Materials. If and whenever City- owned property such as valves, cast iron manholes, catch basin frames and covers, inlet boxes and grates, or any other appurtenance are to be removed and are not to be reused in the Work, you must securely store them at a suitable place on the job Site for possible use by the City (unless otherwise stipulated). You must take care to prevent damage in your handling of these appurtenances. You must deliver all items identified by the City for reuse to a location designated by the Commissioner and must legally dispose ofthe remaining items.
Wherever basements of buildings, subsidewalk vaults, tunnels, sewers, water, gas, telephone, telegraph, electric or other pipes, conduits, cables, wires, manholes, vaults, steam and street railway tracks or other similar structures and appliances not owned by the City are in or cross the excavations for structures to be built under this Contract, you must notify the owners of the structures and appliances to support, move, rearrange or abandon them, and cooperate with the owners of the structures and appliances in preserving the service or services provided by the structures and appliances, except as may be otherwise specified or provided in the Contract. If you have complied with the above requirements and has been notified by the owners ofthe structures and appliances that any of them have been abandoned, or lacking such notice, if you have made all investigations and has found that any of the above structures or appliances have been abandoned by their owners and if the removal of any such abandoned structure or appliance is necessary in order to construct the Work, you must remove them at no additional cost to the City.
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Wherever basements of buildings, subsidewalk vaults, tunnels, sewers, water, gas, telephone, telegraph, electric or other pipes, conduits, cables, wires, manholes, vaults, steam and street railway tracks or other similar structures and appliances are adjacent to, but do not cut through or cross the excavations for structures to be built under the Contract, you must perform the Work in such a manner as to not cause damage to the structures and appliances and not interrupt their use during the progress ofthe Work.
You must arrange to notify the owners of structures and appliances that are to be supported, maintained, removed, reconstructed, relocated, rearranged, adjusted or repaired by reason of the Work in ample time to permit them to do their work. The Commissioner may direct you to suspend your operations on that part of the Work that affects the structures and appliances until their owners have had time to perform the work.
You must conduct the Work so that no equipment, material or debris is placed upon private property unless you have first obtained the owner's written consent thereto and provided this written consent to the Commissioner. You must take such means as may be required to prevent the creation of a public nuisance on any part of the Work site or adjacent streets or property.
You must thoroughly clean all streets, pavements, sidewalks and parkways and all private property of all surface materials, earth and rubbish and restore them to as good condition as before the commencement of the Work. Where you have removed or killed sod, you must provide new live sod. Where the areas have been seeded, you must replace top soil equivalent to that removed, fertilize it, seed and roll it to the satisfaction of the owner of the land. You must replace all trees, shrubs and plants damaged in the proper season of the year with live, growing stock of the same kind and variety and of the size ordinarily used for planting purposes.
F. Precautions and Safety
You must take any precautions that may be necessary to render all portions of the Work secure in every respect, to decrease the liability of accidents from any cause and to avoid contingencies that are liable to delay the completion of the Work. You must furnish and install, subject to the approval ofthe Commissioner, all necessary facilities to.provide safe means of access to all points where Work is being performed and make all necessary provisions to insure the safety of workers and of engineers and inspectors during the performance of the Work. You are required to conduct your Work so as not to unnecessarily obstruct the activities of other contractors who also may be engaged in work on this or any other project.
Although the Commissioner may observe the performance of the Work and reserves the right to give you opinions and suggestions about safety defects and deficiencies, the City is not responsible for any unsafe working conditions. The Commissioner's suggestions on safety, or lack of it, will in no way relieve you of your responsibility for safety on the Work site. You have sole responsibility for safety and the obligation to immediately notify the Commissioner of all accidents.
Precautions must be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws and building and construction codes must be observed.
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20]7)
You must provide completely equipped first aid kits readily accessible at all times on the Work site. You must designate an appropriately trained individual on each shift to be in charge of first aid.
You must provide at appropriate locations fire extinguishers or other fire protection equipment that comply in all respects with the Municipal Code and NFPA standards. You must maintain this equipment in proper operating condition at all times and must cause the equipment to be inspected by all appropriate agencies as required by law, but in no event less than monthly. You must comply with the Municipal Code requirements on the use of standpipes, hoses and other fire protection equipment.
Only such materials and equipment as are necessary for the construction of the Work under this Contract must be placed, stored or allowed to occupy any such space at the site of the Work. Not more than one day's supply of flammable liquids, including oil, gasoline, paint, or solvent is permitted to be kept on hand at any one time. If gasoline, flammable oils, other highly combustible materials or compressed gas cylinders are to be stored at the site, they must be stored in a secure manner, in compliance with all applicable laws, ordinances and regulations, and all storage places must be clearly marked. The written consent of the Commissioner is required for such storage. That consent in no way limits your liability for the materials.
You must prohibit all lighting of fires about the premises and all smoking in restricted areas where posted with "NO SMOKING" signs, and you must diligently enforce this prohibition. You must furnish and post "NO SMOKING" signs. You must not permit any debris or waste materials to be burned at the Work site.
G. Health, Safety and Sanitation
Clean-Up. During construction, you must keep the Work site and adjacent premises as free from material, debris and rubbish as practicable. Haul roads, streets and public areas must be swept daily. Before Final Completion and Acceptance of the Work, you must remove from the Work site and adjacent premises all machinery, equipment, surplus materials, falsework, excavated and useless materials, rubbish, temporary buildings, barricades and signs and must restore the site to the same general conditions that existed before the commencement of the Work. The cost of final clean-up is included in the unit prices for the various items, or included in the Contract lump sum price, as the case may be. You must clean off all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, dirt and any other foreign materials deposited or accumulated on any portion of your Work, or existing facilities and structures, due to your performance of the Work.
Snow and Ice Removal. You must remove snow and ice that may impair progress of Work, be detrimental to workers, or impair trucking to and from points of delivery at the Work site.
Glass Breakage You must replace all glass broken or damaged during construction at no additional cost to the City. You must promptly remove all broken glass from the Work site.
Noise and Vibration Control. All equipment, vehicles, and Work under this Contract must be conducted in accordance with the City Building Code, Chapter 11-4 of the Municipal Code, "Environmental Protection and Control," Article VII - Noise and Vibration Control,
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
so as to cause a minimum of noise, vibration and inconvenience to the activities of the occupants of property and buildings in the vicinity of the Work. When the Commissioner, in his sole discretion, determines that your operations constitute a nuisance, you must immediately proceed to conduct your operations in a manner that abates the nuisance. You must provide all measures, including engine and exhaust mufflers, acoustic casing enclosures, maintaining equipment, or physical barriers along the edges of the construction zone, required to minimize noise and vibration. Noise and vibration levels may be monitored by the Commissioner.
Health and Safety. You must comply with the requirements of 29 C.F.R. part 1926 - Safety and Health Regulations for Construction, promulgated under the U.S. Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq. (OSHA). Copies may be obtained from the Regional Administrator ofthe U.S. Department of Labor, Federal Office Building, 230 S. Dearborn, Chicago, Illinois.
You must comply with the requirements of the Illinois Health and Safety Act, 820 ILCS 225/.01 etseq., and the rules and regulations promulgated under it by the Director of Labor for the State of Illinois, which are on file with the Illinois Secretary of State.
Whenever a Federal OSHA Compliance Officer arrives at the work site, you must notify the Commissioner immediately. At the conclusion ofthe inspection, you must report any findings to the Commissioner. Copies of any citations issued and related documents must be submitted to the Commissioner.
You must maintain the following records and make available to the Commissioner for review: (i) all records required by OSHA, including the accident log, Fed/OSHA #200, and posting of the prescribed OSHA poster; (ii) log of safety activities, accident investigation, employee instruction, training, tool-box meetings, and any other pertinent information; and (iii) Material Safety Data Sheets (MSDS) as required for each material you have used at the Work site.
You must enforce among your employees such regulations in regard to cleanliness and the disposal of garbage and wastes that are necessary for their health and tend to prevent the inception and spread of contagious and infectious disease among them. You must provide an ample supply of suitable, pure drinking water, and must take such means as the Commissioner may direct to effectively prevent the creation of a nuisance on any part of the Work site or adjacent streets or property. You must construct and maintain necessary sanitary conveniences for the use of the laborers on the Work, properly secluded from public observation, in such manner and at such points as be approved, and their use must be strictly enforced. Whenever manholes have been used for sanitary proposes, they must be thoroughly flushed and cleaned when no longer needed.
The manner of disposing of waste must be such that all waste is disposed of without creating a public nuisance or health hazard and in accordance with Illinois Department of Public Health Circular No. 815, Educational Health Circular No. 4.001, and all Illinois Environmental Protection Agency rules and regulations.
You must also comply with all rules and regulations ofthe Federal and State governments and the City Department of Public Health.
H. Hazardous Operations and Security
City Funded XVI. Contractor Practices At Site 73
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
During construction, all cutting or welding operations must be carried out with all precautions taken to prevent fires resulting from sparks or hot slag. Extreme care must be exercised to determine that sparks or embers do not fall into any combustible materials, even if such material is stored on lower floors. Sheet metal wind screens must be provided around the lead-melting furnaces whether the Work site is enclosed or not. Portable fire extinguishers must be provided at and below all locations where cutting or welding or melting operations are being performed or, if those operations are extensive, a hose from the stand pipe system or fire hydrant must be placed nearby. You must obtain special permission from the Commissioner of Water and pay all associated connection fees.
No welding, flame cutting, or other operations involving use of flame, arcs, or sparking devices, will be allowed without adequate protection. All combustible or flammable material must be removed from the immediate working area. If removal is impossible, flammable or combustible materials must be protected with fire blankets or suitable non-combustible shields to prevent sparks, flames or hot metal from reaching flammable or combustible materials. You must provide necessary personnel and equipment to control incipient fires resulting from welding, flame cutting, or other sources involving use of flame, arcs, or sparking devices.
You must immediately report any concentration of gas fumes, and you are responsible for clearing the area and notifying the Commissioner and the appropriate utility company. All operations in the area must be suspended until the source ofthe fumes has been located and corrected.
You must arrange for the installation of necessary fire protection lines and equipment as required by the Chicago Fire Department and as necessary to properly protect the Work site. Permanent fire protection facilities may be used for this purpose as soon as they are installed, tested and approved by the Commissioner for temporary use.
Salamander heaters or similar forms of uncontrolled heaters must not be used except with the special written permission of the Commissioner and City fire marshal and then only when each salamander is maintained under constant supervision.
Gasoline must be kept in and handled from approved safety cans.
All tarpaulins used for any purpose must be made of fire, water and weather-resistant materials.
You must furnish such watchmen as may be necessary to protect the public and those who are at or in the vicinity of the Work under this Contract, and to protect all materials, tools, machinery and equipment and all Work you have performed.
You must comply with all Federal and State and local occupational health and safety statutes, and any occupational health and safety standards promulgated thereunder; provide reasonable protection to the lives, health and safety of all persons employed under this Contract; furnish to all such persons a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm; keep all persons employed under this Contract informed of your protections and obligations under the statutes; and provide all persons employed under this Contract with information regarding hazards in the workplace, including information about suitable precautions, relevant symptoms and emergency treatment. The Federal and State
City Funded XVI. Contractor Practices At Site 74
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
occupational health and safety statutes, and the rules and regulations promulgated thereunder, are considered part of this Contract as though fully set forth in this Contract.
10. You must provide safety instructions and training for all workers. You must conduct weekly craft safety meetings (tool-box type) of reasonable length as an effective means of communicating safety issues to workers. Reports containing tool box discussion topics must be signed-off by all attendees and must be submitted to the Commissioner.
I. Services and Use of Site
Work Area. After receipt of the Notice to Proceed, you must propose a suitable working area subject to approval by the Commissioner. You must secure the space at your own expense.
Temporary Services and Utilities. If specified in the Contract, you are responsible for arranging for and providing all general services and temporary facilities as specified in the Contract and as required for the proper and expeditious prosecution of the Work. You must pay all costs for those general services and temporary facilities. You must provide temporary connections for water, electricity and heat including installation, maintenance and removal of those facilities. You must pay the cost of all water, telephone, and electricity during the construction period.
Water. You must provide temporary water connections as required for drinking and construction purposes. The Commissioner reserves the right to regulate the use of water and may impose restriction on the use if you are using water carelessly. You must provide water and facilities for obtaining water for sanitary purposes, drinking, mixing concrete and for all other purposes at your expense. You are not permitted to obtain the water from the mains of the Chicago water system, except as may be provided in the Contract. Except with special permission from the Commissioner and the Department of Water, you must not make connections for water to the City's fire hydrants.
Light and Power. You must furnish the electricity and must furnish and install all wiring, electrical services, lighting units, insulated supports for wiring and all other electrical equipment together with all other incidental and collateral Work necessary for the furnishing of the temporary power and lighting facilities for the Work to be done under this Contract, all at no additional cost to the City. Electrical Work must be performed by a licensed electrician.
Temporary Heating During Construction. You must provide temporary closures or enclosures for all exterior door, window, roof or other types of exterior openings as required to provide protection from the elements during construction. It is your responsibility to keep water in pipes from freezing and to maintain temporary heat in areas where Work is being performed at not less than 50° Fahrenheit. Finish Work includes, but is not limited to masonry, plastering painting, millwork and other temperature sensitive Work. The Heating period is from approximately October 1 to May 30 unless conditions warrant otherwise. You must furnish, install, operate and maintain all required temporary heating equipment, and must provide and pay all fuel costs.
City Funded XVI. Contractor Practices At Site
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
3. Temporary Construction Facilities. Unless otherwise specified, you must provide and maintain the following temporary construction facilities throughout the construction period and remove them at the completion of the Work:
Field Offices. Unless otherwise specified, you must provide a temporary building or mobile type field office of such size and containing such equipment as you deem necessary to conduct the operations. The field office must be provided with a telephone for your superintendent and a pay telephone for use by others during the entire period of construction. The telephone must be removed promptly upon Final Completion and Acceptance ofthe Work.
Unless otherwise specified, you must supply a field office for the City's Superintendent consisting of a separate office facility. It must be of adequate size for efficient operations and be furnished with a desk, three chairs, 4-drawer file cabinet and a plan table. It must be equipped with electric lighting, heating, ventilating and cooling facilities. You must provide a separate telephone for City Superintendent's use.
You must also provide and maintain in clean condition for Superintendent's use, including toilet facilities, having a water closet and laboratory fixture connected to sanitary sewer and water service. Temporary toilet facilities must be located in the City's Superintendent's trailer and comply with City and State regulations relating to health and sanitation. The toilet facility must be serviced twice weekly and kept stocked with toilet paper, soap, and paper towels.
Toilets. You must provide at least one portable chemical toilet for every 20 workers or fraction of that number at the Work site as soon as construction operations commence. Toilet facilities must be serviced, at a minimum, twice weekly, which includes draining tank and refilling and disinfecting the interior of each toilet unit, and keeping each unit stocked with toilet paper. Toilet facilities must be maintained during the term of the construction period and removed upon completion of the Work.
Stove heaters in temporary offices and sheds must be properly installed to protect combustible walls, floors and roof.
Storage of Materials. If it is necessary to store materials, they must be protected in such a manner as to insure the preservation of their quality and fitness for the work. All stored materials will be inspected at the time of use in the Work even though they may have been inspected and approved before being placed in storage. You may store materials in the areas provided as working areas by the Contract. If no areas are provided, or if the areas provided are insufficient, you must provide the space required at your expense. Upon completion of the Work, you must clean and restore the storage sites and working areas to their original condition at your expense.
All materials and equipment must be received at the Work undamaged. The Commissioner has the right to reject any method of packing and shipping that, in the Commissioner's opinion, will not adequately protect the materials and equipment against damage while they are in transit or storage or that will damage existing structures.
Storage Sheds. You and each Subcontractor must provide suitable watertight storage sheds for your, or their own, use as needed. You and each Subcontractor are
City Funded XVI. Contractor Practices At Site 76
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised .Kmc 2017)
responsible for and must pay for any electric services to your or their storage sheds. However, the electrical Work must be performed by a licensed electrical Subcontractor. You are responsible for materials stored in the open; they must be arranged in an orderly manner and properly protected against the elements and damage.
Working Space. You must provide working space for your own use and for each of your Subcontractors. It must provide sufficient space for benches, tools, material storage and for such other purposes as may be required to properly perform and expedite the Work. Allocation of such Work areas is subject to approval by the Commissioner. You must maintain all Work areas in a clean and orderly condition and take whatever precautions as may be necessary adjacent to the new Work. You must clean, repair or replace any damage to Work site due to improper protection at no additional cost to the City.
Equipment and Falsework: You must determine the methods to be employed, the procedures to be followed, the equipment, plant, falsework, shoring, bracing, and other temporary structures and equipment to be used on the Work, subject to the requirements ofthe Contract. Only adequate and safe procedures, methods, structures, and equipment must be used. You must furnish and maintain and are solely responsible for all equipment such as temporary ladders, ramps, runways, hoists, scaffolding, and similar items required for proper execution of Work. All such apparatus, equipment and construction must meet the requirements of Federal, State and local laws concerning the safety and protection of employees. No hoist, scaffolding or other equipment must be erected at such location as will interfere with general construction or progress of other trades. Hoists, scaffolding or other equipment must be located at sufficient distance from exterior walls to prevent staining or marring of any permanent Work. All suspended scaffolding and staging must be lowered to ground level at the end of each work day.
Project Signs. You must erect and maintain signs identifying the Project and indicating City, and to the extent applicable, State and Federal participation. Work under this item includes constructing and erecting project signs of the size and material specified in the Contract drawings. These signs must be erected in locations approved by the Commissioner and must be maintained throughout the term of this Contract. You are responsible for the immediate removal of graffiti. If you are notified of graffiti, you must remove such within 24 hours. The signs must not be removed until you receive such notice from the Commissioner. No separate payment will be made for furnishing, erecting and maintaining the project signs; it is incidental to the Contract.
J. Reports and Plans
Daily Progress Reports. You and all Subcontractors must prepare and submit to the Commissioner daily progress reports on the various parts of the Work. The report must include the number of workers and the classification of the trades involved, equipment used and any pertinent information regarding possible delays in the Work.
Procedures, Methods and Equipment. You will determine the methods to be employed, the procedure to be followed, the equipment, plant, falsework, shoring, bracing and other temporary structures and equipment to be used on the Work, subject to the requirements ofthe Contract. Only adequate and safe procedures, methods, structures and equipment must be used. Any approval, constructive or otherwise, by the Commissioner of such
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
methods, procedures and equipment in no way relieves you of any of your obligations under this Contract.
XVII. ENVIRONMENTAL REQUIREMENTS
Compliance with Environmental Laws
You must comply with all Environmental Laws including those listed in the Economic Disclosure Statement and Affidavit (EDS),which you must execute and have notarized, and any analogous future local, State or Federal ordinance or statute, rule and regulation promulgated under or under the foregoing, and any other present or future law, ordinance, rule, regulation, permit or permit condition, order, or directive which regulates, relates to, imposes liability for or establishes standards of conduct concerning any Hazardous Materials that may be set forth by the Federal government, any state or any political subdivision thereof, or any agency, court or body ofthe Federal government, any state or any political subdivision thereof exercising executive, legislative, judicial, regulatory or administrative functions.
If you are required under any Environmental Laws to file any notice or report of a release or threatened release of Hazardous Materials or Special Wastes on, under, or about any premises you use to perform the Work required under this Contract, you must provide a copy of the report or notice to the City. In the event of a release or threatened release of Hazardous Materials or special waste into the environment, or in the event of any claim, demand, action or notice is made against you regarding your failure or alleged failure to comply with any Environmental Law, you must notify the City pursuant to Section XVIII.C, "Disposal of Waste Materials, Construction Debris, Soils and Waste," below.
If you fail to comply with any Environmental Law, the City may terminate this Contract in accordance with the default provisions of this Contract and may adversely affect your eligibility for future contract awards.
Environmental Permits
You must show evidence of, and keep current throughout the term of this Contract, all waste hauling, special waste hauling, disposal permits and insurance certificates required by Federal, State, City or other local governmental body or agency pursuant to any Environmental Law.
When requested by the Commissioner, you must submit copies of all hauling permits required by any Environmental Law. Copies of all permits and insurance certificates that require periodic renewal must be forwarded to the Commissioner throughout the duration of this Contract. Noncompliance with this requirement may be cause for rejection ofthe bid and/or termination of this Contract and declaring you non-responsible in future bids.
Environmental Records and Reports. You are required to prepare and maintain proper, accurate and complete records of accounts of all transactions related to the performance of this Contract, including:
Vehicle maintenance records;
Safety and accident reports;
XVI. Contractor Practices At Site
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
IEPA or OSHA manifests;
Disposal records, including disposal site used, date, truck number and disposal weight, bills of lading, manifests, or other confirmatory receipts signed by a representative of accepting facility for each load of material; and
Permit documentation and all other documentation and transactions pertaining to all Environmental Laws.
C. Disposal of Materials, Construction Debris, Soil and Waste
You are responsible for the proper disposal of all materials, construction debris, soil and other waste. Hauling and disposal by a Subcontractor does not relieve you from responsibility for proper disposal. Disposal of all materials, construction debris, soil, and other wastes must be at a disposal site that is properly licensed and permitted to accept the particular materials, construction debris, soil and other wastes delivered to it in accordance with all Environmental Laws. You must identify the disposal site(s) or transfer station(s) to which you have contractual access and for which proper, sanitary landfill permits and/or licenses have been obtained.
You must provide the Commissioner or his designated representative with copies of all load tickets, manifests, bills of lading, scale tickets and other pertinent documents. When requested by the Commissioner, you must provide copies of all permits and/or licenses for the proposed transfer station and/or landfill. If the transfer station and/or landfill you propose to use does not possess the necessary permits and/or licenses to accept the materials, construction debris, soil or other wastes, you must replace the transfer station and/or landfill submitted as part of their bid proposal at no additional cost to the City. If you dispose of materials, construction debris, soil or other wastes at a site that is not properly permitted, you will be responsible for all costs associated with the removal ofthe waste to a properly licensed/permitted landfill or disposal site.
You must notify the Commissioner, within 24 hours, of receipt of any environmental complaints, fines, citations, violations or notices of violation ("Environmental Claim") by any governmental body or regulatory agency against you by any third party relating to the loading, hauling or disposal of materials, construction debris, soil or other wastes. You must provide evidence to the Commissioner that any such Environmental Claim has been addressed to the satisfaction of its issuer or initiator.
You must notify the City of any community meetings, media involvement or media coverage related to the loading, hauling or disposal of materials, construction debris, soil and other wastes under this Contract in which you are asked to participate.
You must verify, in writing, whenever requested by the Commissioner, that all materials, construction debris, and other waste you accept from the City have been disposed of in compliance with all Environmental Laws.
The form for identifying your debris disposal/handling site(s) and acknowledging terms and conditions relating thereto which you have executed and attached to this Contract is incorporated by reference (the "Form"). In addition to the representations and requirements contained in the Form, you acknowledge that unless otherwise authorized in writing by the Commissioner of Environment, you must not continue to use a
City Funded XVII. Environmental Requirements
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
disposal/handling site identified in the Form that (i) has been cited as being in violation of any environmental law or regulation or of any City ordinance; or (ii) does not have a necessary permit. If only one site was identified in the Form, you must arrange for a substitute disposal/handling site that meets the requirements specified in the Form and provide a revised Form to the Commissioner of Environment. You further acknowledge that any such substitution is at no additional cost to the City, regardless of the reason necessitating such substitution.
Equipment and Environmental Control During Transport
You must haul materials, construction debris, soil and other wastes in vehicles and/or containers complying with all applicable Environmental Laws. All equipment used to transfer materials, construction debris, soil and other wastes must be designed to prevent spillage during the hauling operation. Your equipment must fully comply with all City, State and Federal Regulations, laws and ordinances pertaining to size, load weight, safety and any Environmental Law.
Environmental Control
In performing the Work, you must become thoroughly familiar with all Federal, State, and local statutes, ordinances, and directives with respect to the elimination of excessive noise and pollution of air, water, and soil due to construction and other operations. Attention must be given to reduce the noise of heavy construction equipment and to the control of dust, smoke, and fumes from construction equipment and other operations on the Work site, and the dirt and noise created by heavy truck operations over City streets in accordance with ordinances of the City and orders of the Commissioner. The discharge of Hazardous Materials into waterways and City sewers is not permitted.
Open Dumping Prohibited
The removal of all recyclable material and garbage, refuse or other waste material, including broken concrete, bricks, rock, paving asphalt and incidental debris generated from all construction or demolition activities performed under this Contract, must be transported to a facility that is zoned and permitted to accept the material under Chapter 11 -4 of the Municipal Code and all applicable local, State, and Federal regulations.
You must retain bills of lading, manifests, or other confirmatory receipts signed by a representative of accepting facility for each load of material and make them available to the City upon request
Environmental Protection
You must comply with, and must cause your Subcontractors to comply with, all Federal environmental and resource conservation laws and regulations, whether existing or promulgated later, as they apply to this Contract. You must include these provisions in all subcontracts. Some, but not all, ofthe major Federal laws that may affect this Contract include the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321 et seq.; the Clean Air Act, as amended, 42 USC §§ 7401 et seq. and scattered sections of 29 USC; the Clean Water Act, as amended, scattered sections of 33 USC and 12 USC; the Resource Conservation and Recovery Act, as amended, 42 USC §§ 6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§ 9601 et seq You and your Subcontractors must also comply with Executive Order
City Funded XVII. Environmental Requirements 80
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994; U.S. DOT statutory requirements on environmental matters at 49 USC § 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR Part 1500 et seq.; and U.S. DOT regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622.
Air Quality. You must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. Specifically, you must comply with applicable requirements of U.S. EPA regulations, "Conformity to State
. of Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 USC or the Federal Transit Act," 40 CFR Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 CFR Part 93; and National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR § 61.145. You further must report and require each Subcontractor at any tier to report any violation of these requirements resulting from any Contract implementation activity to the City and the appropriate U.S. EPA Regional Office.
Clean Water. You must comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §§ 1251 etseq. You further must report and require each Subcontractor at any tier to report any violation of these requirements resulting from any Contract implementation activity to the City and the appropriate U.S. EPA Regional Office.
List of Violating Facilities. You acknowledge that any facility to be used in the performance of the Contract or to benefit from the Contract must not be listed on the U.S. EPA List of Violating Facilities ("List"), and you must promptly notify the City if you receive any communication from the U.S. EPA that such a facility is under consideration for inclusion on the List.
Preference for Recycled Products. To the extent practicable and economically feasible and to the extent that it does not reduce or impair the quality of the Work, you must use recycled products in performance ofthe Contract pursuant to U.S. Environment Protection Agency (U.S. EPA) guidelines at 40 CFR Parts 247-253, which implement section 6002 ofthe Resource Conservation and Recovery Act, as amended, 42 USC § 6962.
H. Clean Diesel Fleet: Emissions Reduction (MCC 2-92-595) (where applicable)
If this Contract is for construction, demolition, restoration, repair, renovation, environmental remediation or environmental abatement of any building, structure, tunnel, excavation, roadway, bridge, transit station or parcel of land and the estimated value of this Contract is $2,000,000 or more:
Contractor must comply with the Clean Diesel Contracting Ordinance, MCC Section 2-92-595.
2. Contractor and any Subcontractor(s) must utilize Ultra Low Sulfur Diesel Fuel (ULSD) for any heavy-duty diesel-powered vehicle, non-road vehicle or non-road equipment used in the performance of the Contract.
City Funded XVII. Environmental Requirements
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Contractor and any Subcontractor(s) must minimize idling of motor vehicles and non-road vehicles used in the performance ofthe Contract during periods of inactivity, and must comply with the anti-idling requirements imposed by any applicable federal, state, or local law.
Contractor and any Subcontractor(s), may not use any of the following vehicles and equipment in the performance ofthe contract:
any heavy-duty diesel vehicle not meeting or exceeding the US EPA's emission standards for heavy-duty diesel vehicles for the 1998 engine model year, unless such vehicle is fitted with a verified diesel emission control retrofit device; or
any non-road vehicle or non-road equipment not meeting or exceeding the US EPA's Tier 1 Non-road Diesel Standards, unless such vehicle or equipment is fitted with a verified diesel emission control retrofit device.
5. Any heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the
• performance of this Contract must incorporate such engine or retrofit technology so that
the Contractor, through such engine or retrofit technology used directly by the Contractor and all subcontractors, shall have a minimum of 3.0 clean fleet score per a reporting period, as calculated by using the methodology described in MCC subsection 2-92-595(c)(5). Contractor may exclude from the calculation of the clean fleet score up to fifty percent of all of the heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during a reporting period that are owned or leased by any firm that the CPO has granted a clean fleet score annual waiver certificate pursuant to MCC subsection 2-92-595 (f). However, pursuant to MCC subsection 2-92-595(b)(6), if this contract is advertised after January 1, 2020, the minimum clean fleet score is increased to 4.0, and Contractor may exclude from the calculation up to only twenty five percent of vehicles owned or leased by a firm that has received a clean fleet score waiver certificate instead of fifty percent.
The City may conduct an audit of the Contractor or inspect any vehicle or equipment used in the performance ofthe Contract to ensure compliance with the requirements specified above. In the event that Contractor or any Subcontractor fails to utilize ULSD or fails to minimize idling or comply with antiidling requirements, Contractor will be subject to liquidated damages of $5,000 per day for each violation and each day of noncompliance will be a separate violation; provided, however, the damages will not exceed $50,000 for any one vehicle or piece of equipment, as specified in MCC Section 2-92-595(e). Such liquidated damages are imposed not as a penalty but as an estimate of the damages that the City will sustain from delay in completion ofthe project and inspection and other enforcement costs, as well as the resultant damages to the public health of its citizens, which damages by their nature are not capable of precise proof. The City is authorized to withhold and deduct from monies otherwise payable to the contractor the amount of liquidated damages due to the City.
Contractor understands that pursuant to MCC subsection 2-92-595(e)(6), any person knowingly making a false statement of material fact to any City department with respect
XVII. Environmental Requirements
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
to compliance with the contract provisions specified in MCC subsection 2-92-595(e) Chicago may be fined not less than $1,000 or more than $5,000 for each statement.
XVIII. INSURANCE, INDEMNITY AND BONDS
Indemnity
You must protect, defend, indemnify, and hold the City, its officers, officials, representatives, and employees (collectively the "Indemnitees"), harmless from and against any and all claims, damages, demands, injury or death, in consequence of granting this Contract or arising out of or being in any way connected with your performance under this Contract except for matters shown by final judgment to have been caused by or attributable to the negligence of Indemnitees. This indemnification obligation is effective to the maximum extent permitted by applicable law. This indemnity extends to all legal costs, including attorney fees, costs, liens, judgments, settlements, penalties, professional fees, and other expenses incurred by the City, including fines and penalties imposed by public bodies, and the reasonable settlement of such claims. This indemnification obligation is not limited by any amount of insurance required under this Contract. Further, the indemnification obligation contained in this section will survive the expiration or termination of this Contract.
You will be solely responsible for the defense of any and all claims, demands, or suits against Indemnitees, including claims by your employees, subcontractors, agents, or servants even though the claimant may allege that the Indemnitees were in charge ofthe Work or alleged negligence on the part of Indemnitees. The City will have the right, at its sole option, to participate in the defense of any such suit, without relieving you of your obligations under this section.
"Injury" or "damage" as these words are used in this section will be construed to include injury or damage consequent upon the failure of or use or misuse by you, your Subcontractors, agents, servants, or employees, of any scaffolding, hoist cranes, stays, ladders, supports, rigging, blocking or any and all other kinds of items of equipment, whether or not they are owned, furnished, or loaned by the Indemnitees.
You will promptly provide, or cause to be provided, to the Commissioner and City Corporation Counsel copies of all notices that you may receive of any claims, actions, or suits that may be given or filed in connection with your performance or the performance of any Subcontractor and for which the Indemnitees are entitled to indemnification under this Contract and to give the Indemnitees authority, informatidn and assistance for the defense of any claim or action.
Contribution
To the extent permissible by law, you waive any limits on your liability that you would otherwise have by virtue ofthe Worker's Compensation Act or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 III. 2d 155 (1991)). The City, however, does not waive any limitations it may have on its liability under the Worker's Compensation Act, the Illinois Pension Code or any other statute.
XVII. Environmental Requirements
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Admiralty
In addition, you waive the right to receive the benefits of or to invoke the protection afforded by=all maritime statutory limitations of liability, including the Limitation of Vessel Owner's Liability Act, 48 U.S.C. § 183 ef seq., that could act to diminish your liability for any harm or damage arising from your performance of your obligations under the Contract in any manner or for all claims or other costs arising from or occasioned by your operations on any waterways, including Lake Michigan and the Chicago River. This provision is not intended to avoid or waive Federal jurisdiction under the applicable admiralty laws. This waiver extends only to the Indemnitees, and not to third parties seeking recovery for claims solely against you.
1. Without limiting your waiver, you specifically consent to pay=all sums in respect of any claims against the Indemnitees and other costs suffered by the Indemnitees arising from or occasioned by your operations in or on waterways, including the following:
Loss or damage to any other ship, vessel or boat caused proximately or otherwise by your vessel, or loss of the cargo or the other ship, vessel or boat;
Loss of life or personal injury, or for any cost of life salvage;
Loss or damage to any harbor, dock, building, graving or otherwise, slipway, pontoon, pier, quay, tunnel, jetty, stage, buoy, cables of any kind, or other fixed or movable object or property whatsoever;
The cost of the removal, raising or destruction of the wreck of any vessel you employ in performing your obligations under the Contract;
If a vessel is disabled or otherwise, the cost of towage or other salvage of any vessel you employ in performing your obligations under the Contract;
Loss or damage to the bottom, banks, or shoreline of the waterway.
Performance and Payment Bonds
You must, before award of the Contract, deliver to the Commissioner a performance and payment bond in the amount set forth in the DB Agreement. Any performance bond that you provide must comply with the provisions of 30 ILCS 550/1 et.seq., as amended, and of § 2-92-030 of the Municipal Code, as amended. It must also be in the form of the performance and payment bond form included in the DB Agreement. The surety or sureties issuing the bond must be acceptable to the Comptroller and must have a Best's Key Rating Guide of "B+," Class XI or greater and be listed in the most recently published "Listing of Approved Sureties" of the U.S. Department of the Treasury Circular 570, with underwriting limitations in excess of the Contract Price. The bond must cover the warranty period required by the Contract.
In case of your neglect, failure, or refusal to provide satisfactory sureties when so directed within 10 days after such notification, pursuant to § 2-92-040 of the Municipal Code the Commissioner may declare this Contract forfeit, but such forfeiture will not release you or your surety or sureties from any liability that may have accrued before the date of the forfeiture.
If at any time the surety or sureties, or any one of them, upon the bond become insolvent, or are, in the sole opinion ofthe Commissioner, unsatisfactory, or unable to respond to damages
City Funded XVIII. Indemnity, Insurance and Bonds Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
in case of liability on such bond, the Commissioner will notify you and direct that you furnish a bond issued by a satisfactory surety or sureties forthwith.
E. Insurance
You must procure and maintain at all times, at your own expense, through the completion of the warranty period, the types of insurance specified in the DB Agreement of the Contract, with insurance companies authorized to do business in the State of Illinois, covering all operations under this Contract, whether performed by you or by Subcontractors. Upon written request by the Commissioner, you must allow the Commissioner to review and copy any original insurance policies you are obligated to maintain under this policy.
You waive any and every claim or right of recovery from the City for all injuries and losses arising under this Contract or in any way related to the Work, including any claim for loss of or damage to the Work or to the contents of it, which injury, loss or damage is covered or is required to be covered by valid and collectible insurance policies, to the extent that such injury, loss or damage is recoverable under the insurance policies. As this waiver will preclude the assignment of any claim by subrogation (or otherwise) to an insurance company (or any other person), you must give each insurance company that has issued, or in the future may issue, your policies of insurance, written notice of the terms of this waiver, and to have the insurance policies properly endorsed, if necessary, to prevent the invalidation of insurance coverage by reason of the waiver. You must require each Subcontractor to include similar waivers of subrogation in favor of the City.
The City reserves the right to change, modify or delete insurance requirements set forth in the Contract, including the right to request that you provide additional types of insurance.
XIX. CLAIMS AND DISPUTES
General
Compliance with the provisions in this Article XIX is a precondition to seeking judicial review of an adverse decision of the Chief Procurement Officer. You must not withhold performance of and must prosecute any Work required by the Commissioner while your claim, including judicial resolution, if any, is pending. You must prosecute all of your Work including any disputed Work with the same diligence and effort as if no dispute existed. Neither the Chief Procurement Officer's determination (see Section XIX.C.3 below), nor the continued performance by either party, constitutes an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under the Contract.
Claims
This provision applies to all claims under this Contract, including those for time, money, or both.
Procedures. Within 14 days after a basis for claim arises, you must submit your claim in writing to the City's resident engineer or its project manager ("Commissioner's Representative). This written claim to the Commissioner's Representative will constitute "notice" to the City for purposes of determining initial timeliness of the claim; oral notice is
City Funded XVIII. Indemnity, Insurance and Bonds 85 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
insufficient. If you and the Commissioner's Representative are unable promptly (depending upon the complexity ofthe matter) to resolve the claim, you must forward your claim in writing to the Commissioner together with the documents listed in (a) through (d) below (collectively, "your documents"). You must include:
A general statement of the basis for the claim,
Reference to the applicable Contract provisions,
All records that support the claim, and
All documents that relate to it, such as correspondence, and that are reasonably necessary for the Commissioner's understanding to resolve the claim.
It is your responsibility to furnish your documents to the Commissioner at the time you forward the claim to him, as, with or without the supporting documentation, the Commissioner has 30 days to respond in writing to you after he has received the claim. Incomplete information may result in an adverse response. The response may be in the form of a contract modification.
If within the 30 days the Commissioner neither responds nor forwards the claim to the Chief Procurement Officer in lieu of responding, the claim will be considered denied, unless you and the Commissioner have agreed to extend the time for him to complete his response. The Commissioner may, at his sole option, forgo the opportunity to respond directly to your claim by referring it with all your documentation and a Request for Resolution of Dispute to the Chief Procurement Officer and supplying such additional documentation as the Chief Procurement Officer may require of him.
C. Disputes
Invoking Dispute Resolution Procedures. If you dispute the Commissioner's resolution or denial of your claim, or if your claim is deemed denied, you have 10 days to forward your claim and your documentation to the Chief Procurement Officer indicating to him that you are requesting resolution of a dispute and showing that you have complied with the preceding claims procedures. Your 10-day period to invoke dispute resolution by the Chief Procurement Officer is counted from the date the Commissioner's written resolution was sent to you, or, if he has not responded or forwarded the claim, from the date on which the time for the Commissioner's response lapsed.
Waiver. If you fail to file a Request for Resolution of Dispute with the Chief Procurement Officer within the 10-day period you will have waived your claim, the right to make the claim later, and the right to dispute its resolution or denial.
Dispute Procedures. Once the dispute resolution procedures are invoked, the Chief Procurement Officer will proceed to a final and binding decision under such rules and regulations as he from time to time promulgates. A copy of those rules and/or regulations is available through the Department of Procurement Services. The Chief Procurement Officer's decision will be implemented through a Contract Modification, if required, that will be made a part of the Contract with your signature or without it should you refuse to sign the Contract Modification. If either you or the Commissioner disagree(s) with the decision of the Chief Procurement Officer, the exclusive remedy is judicial review by a common law
XIX. Claims and Disputes
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
writ of certiorari. Unless such review is sought within 35 days of receipt of the Chief Procurement Officer's decision, all rights to seek judicial review are waived.
XX. EVENTS OF DEFAULT AND TERMINATION
Commissioner's and CPO Right
The Commissioner or the CPO may, at their sole discretion, exercise the right to send you notice under Sections XX.C.1 or XX.C.2. Whether to declare you in default is within the sole discretion of the Commissioner or the CPO and neither that decision nor the factual basis for it is subject to review or challenge under Article XIX, "Claims and Disputes."
If the Commissioner or the CPO terminates this Contract under the provisions of Section XX.C.1 or XX.C.2, the Commissioner may use the material and equipment, whether owned or leased, that is within the scope of the Work or necessary for completion of the Work paid for by the City (whether located on or off the Work site), to complete the Work and you will receive no further payment until the Work is completed. If, however, the cost of completion exceeds the unpaid balance of the Contract, you must pay the difference to the City immediately upon demand.
Events of Default
Your failure to perform any of your obligations under the Contract, including one or more of the following, is an event of default:
Failure to begin the Work at the time specified;
Failure to perform the Work with sufficient workers and equipment or with sufficient materials to insure the completion of Work or any part of the Work within the time specified by the Contract;
Failure to perform the Work in accordance with the Contract;
Failure to promptly remove materials, repair, or replace Work that was or were rejected as defective or unsuitable;
Unauthorized discontinuation of the Work;
Insolvency, bankruptcy or assignment for the benefit of creditors that impairs your ability to pay Subcontractors or perform the Work;
Failure to pay Subcontractors or material suppliers;
Failure to carry on the Work in a manner acceptable to the Commissioner;
Failure to observe Federal, State, or local laws or regulations governing safety and security requirements, including all environmental requirements;
Failure to comply with any other term of this Contract that states an event of default or failure to comply with any term of this Contract in any material respect; and
Failure to identify disposal site(s) for materials, construction debris, soil and other wastes or to submit such information when requested by the Commissioner.
XIX. Claims and Disputes
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Disqualification as a MBE or WBE of the Contractor or any joint venture partner, subcontractor or supplier if its status as an MBE or WBE was a factor in the award of the Contract and such status was misrepresented by the Contractor.
Failure to notify City of change in information submitted in Contractor's original Economic Disclosure Statement ("EDS") and to submit a new EDS;
Default under any other City contract;
Violation of any City ordinance, even if unrelated to contract performance.
Failure to comply with the Child Support Arrearage Ordinance, § 2-92-415 of the Municipal Code;
C. Remedies
If an event of default occurs, the Commissioner or the CPO, at their sole discretion, may send you notice of his intent to exercise remedies pursuant to the following:
Opportunity to Cure: The Commissioner or CPO may provide you the opportunity to cure the default. If he does so, you must cure the default within 10 days after notice from the Commissioner is given. If the Commissioner or CPO receives written notification that you have not cured the default within the 10-day cure period, the Commissioner or CPO may at any time after that terminate the Contract, in which event the termination of the Contract is final and effective.
Termination: The Commissioner or CPO may terminate the Contract. Written notification of the default and termination of the Contract will be provided to you and the bond company by the Commissioner. The Commissioner's or CPO's decision and declaration of termination is final and effective.
In addition to the foregoing, upon an event of default as defined in Section XX.B, "Events of Default," the City may invoke any or all ofthe following remedies:
The right of set-off against any payments due or to become due to you;
The right to take over and complete the Work, or any part of it, either directly or through others. The City may use your Subcontractors, materials and equipment to complete the Work. If the City notifies you that it is invoking this remedy, all rights you may have in or under your subcontracts are assigned to the City, subject to the City's right to take assignment of all or only selected subcontracts, at the City's discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, you must execute, or cause to be executed, any assignment, agreement, or other document that may be necessary, in the sole opinion of the Corporation Counsel, to evidence or effect compliance with this provision. You must promptly deliver such documents upon the City's request. In the case of any subcontract so assigned and accepted by the City, you remain liable to the Subcontractors for any payment already invoiced to and paid by the City, and for any claim, suit, or cause of action based on or resulting from any error, omission, negligence, fraud, willful or intentionally tortious conduct, or any other act or omission, or breach of Contract, by you, your officers, employees, agents, and other Subcontractors, arising before the date of assignment to the City, when such claim,
City Funded XX. Events of Default and Termination 88 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
suit, or cause of action has not been discharged, disposed of, or otherwise resolved as of that date. You must notify your Subcontractors of these requirements;
In the event of termination, all costs and changes incurred by the City, together with the cost of completing the Work, are deducted from any moneys due or that may become due to you. When the expense incurred by the City exceeds the sum that would have been payable under the Contract, you and the surety are liable and must pay to the City the amount of the excess;
The right to terminate the Contract as to any or all of the Work yet to be performed;
The right of specific performance, an injunction, or any other appropriate equitable remedy, as may be applicable;
The right to money damages, including all expert witness or other consultant fees, court costs, and attorneys' fees that the City may incur in connection with any claim, suit, or action based upon, related to, or arising from, directly or indirectly, an event of default under this Contract;
The right to withhold all or any part of your compensation;
The right to terminate any or all of any other contracts that you may have with the City; and
i. The right to deem you non-responsible in future contracts to be awarded by the City.
Nonexclusivity of Remedies
The remedies under the terms of this Contract are not intended to be exclusive of any other remedies provided, but each and every such remedy is cumulative and is in addition to any other remedies, existing now or hereafter, at law, or in equity. No delay or omission to exercise any right or power accruing upon any event of default impairs any such right or power, nor constitutes a waiver of any event of default or acquiescence in it, and every such right and power may be exercised from time to time and as often as may be deemed expedient.
Ad judication of Termination
If the Contract is terminated by the City for cause and it is subsequently determined by a court of competent jurisdiction that the termination was without cause, the termination will thereupon be deemed under Section XX.F, "Early Termination," and the provisions of Section XX.F, "Early Termination," apply.
Early Termination
1. The City, through the Commissioner, may terminate your Work by written notice stating the effective date of the termination. Immediately upon receipt of the notice, you must provide similar written notice to the affected Subcontractor(s), whereupon you and Subcontractor(s) must, except for services necessary for the orderly termination of the Work.
Stop all Work and place no further order or subcontracts for materials, services, equipment or supplies;
Assign to the City, in the manner and to the extent directed, all of your rights under Work orders, purchase orders and subcontracts relating to the portion ofthe Work that has been completed;
City Funded XX. Events of Default and Termination 89 Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
Terminate Work orders, purchase orders and subcontracts outstanding to the extent that they relate to the Work and are not assigned to the City;
Take any action necessary to protect property in your possession in which the City has or may acquire an interest; and
Take any other action toward termination of the Work that the City may direct.
If all or a portion of your Work is terminated under this Section, "Early Termination," you are entitled to payment of those costs relating to the completed portion of the Work. No payment will be made for Work not actually performed. Deductions will be made by the City for any amounts previously paid to you and for any amounts that may be due the City, or that the City may offset or withhold by the terms of this Contract. Thus, the City will pay you, subject to the limitations set forth in this Contract, the sum ofthe following costs:
That portion of the Contract Price related to the Work you completed immediately before notice of termination less the payments for progress or changes previously made; and
Expenses incurred for which you are liable as the result of your termination of respective Work orders, purchase orders or subcontracts related to the notice of termination. The total amount of all payments to you must not, in any event, exceed the proportion that the Work actually performed (including materials delivered to the Project site minus credits for returned goods or canceled orders) at the date of termination bears to the entire Work to be performed under this Contract. Any payment to you under this subsection will be made in accordance with the provisions of Article XIII, "Payments."
After receipt of a notice of termination under this Section XX.F, "Early Terminations," you must submit to the Commissioner your final invoice in the form required, with supporting documentation. The Commissioner may require certified payrolls, receipts and other proof of expenditures. The final invoice must be submitted promptly, but in no event more than 60 days after the effective date of termination. Failure to submit the final invoice within 60 days after the effective date of termination constitutes a waiver of the final invoice.
G. Non-Appropriation
If no funds or insufficient funds are appropriated and budgeted in any fiscal period ofthe City for payments to be made under this Contract, then the City will notify you of that occurrence and this Contract will terminate on the earlier of the last day of the fiscal period for which sufficient appropriation was made or whenever the funds appropriated for-payment under this Contract are exhausted. No payments will be made to you under this Contract beyond those amounts appropriated and budgeted by the City to fund payments under it.
XXI. COMPLIANCE WITH ALL LAWS
A. Contractor Must Comply with All Laws
Contractor must observe and comply with all Applicable Laws, in effect now or later and whether or not they appear in the Agreement, including those specifically "referenced herein or in any of the Contract Documents. Contractor must pay all taxes and obtain all licenses,
City Funded XX. Events of Default and Termination Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
certificates and other authorizations required in connection with the performance of its obligations hereunder, and Contractor must require all subcontractors to do so. Contractor is fully responsible for ascertaining and complying with all agency and code requirements applicable to the Work.
By entering into this Contract with the City, Contractor certifies to the best of its knowledge and belief that it, its principals and any subcontractors used in the performance of this contract, meet City requirements and have not violated any City or sister agency policy, codes, state, federal, or local laws, rules or regulations and have not been subject to any debarment, suspension or other disciplinary action by any government agency. Additionally, if at any time the contractor becomes aware of such information, it must immediately disclose it to the City.
B. Civil Rights Act of 1964, Title VI, Compliance With Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
l. Compliance with Federal Nondiscrimination Requirements The contractor will comply with federal nondiscrimination laws, regulations, and authorities, as they may be amended from time to time (Acts and Regulations), which include:
Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 ofthe Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
XXI. Compliance with All Laws
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination under Title VI includes discrimination because of limited English proficiency (LEP). (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, prohibits discrimination because of sex in education programs or activities (20 U.S.C. 1681 et seq);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, religion, color, national origin, or sex in any activity carried out with a grant from the FAA).
Non-discrimination
The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 (Nondiscrimination in Federally-Assisted Programs of the US Department of Transportation).
Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations, either by competitive bidding, or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
Information and Reports
The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or applicable federal agency (e.g. Federal Aviation Administration, Federal Highway Administration, Federal Transit Authority, Transportation Security
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Administration, Department of Housing and Urban Development, etc.) providing funding to the City department(s) on this contract to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the federal agency, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance
In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the relevant federal funding agency may determine to be appropriate, including,, but not limited to:
Withholding payments to the contractor under the contract until the contractor complies; and/or
Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions
The contractor will include the provisions of above paragraphs 1, "Compliance With Regulations" through 6 "Incorporation of Provisions" in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the applicable federal agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests ofthe United States.
Other Non-Discrimination Requirements
Illinois Human Rights Act
Contractor must comply with the Illinois Human Rights Act, 775ILCS 5/1-1 01 et seq., as amended and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, 445 III. Admin. Code 750 Appendix A.
Contractor must comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended; and all other applicable state laws, rules, regulations and executive orders.
Chicago Human Rights Ordinance MCC Ch. 2-160
Contractor must comply with the Chicago Human Rights Ordinance, MCCCh. 2-160, Sect. 2-160-010 et seq., as amended; and all other applicable municipal code provisions, rules, regulations and executive orders.
Contractor must furnish or shall cause each of its Subcontractors to furnish such reports and information as requested by the Chicago Commission on Human Relations.
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
c. State of Illinois Equal Employment Opportunity Clause
In the event ofthe Contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Illinois Human Rights Act, the Contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Contractor agrees as follows:
That Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization.
That, if Contractor hires additional employees in order to perform this contract or any portion of this contract, Contractor will determine the availability (in accordance with 44 III. Admin. Code Part 750) of minorities and women in the areas from which Contractor may reasonably recruit and Contractor will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized.
«
That, in all solicitations or advertisements for employees placed Contractor or on Contractor's behalf, Contractor will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service.
That Contractor will send to each labor organization or representative of workers with which Contractor has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the Contractor's obligations under the Illinois Human Rights Act and 44 III. Admin. Code Part 750. If any labor organization or representative fails or refuses to cooperate with the Contractor in Contractor's efforts to comply with the Act and this Part, the Contractor will promptly notify the Illinois Department of Human Rights and the City and will recruit employees from other sources when necessary to fulfill its obligations under the contract.
That Contractor will submit reports as required by 44 III. Admin. Code Part 750, furnish all relevant information as may from time to time be requested by the Illinois Department of Human Rights or the City, and in all respects comply with the Illinois Human Rights Act and 44 III. Admin. Code Part 750.
XXI. Compliance with All Laws
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
That Contractor will permit access to all relevant books, records, accounts and work sites by personnel ofthe City and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Illinois Department of Human Rights's Rules and Regulations.
That Contractor will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion ofthe contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the Contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the City and the Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply with the provisions. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.
Business Relationships with Elected Officials
Pursuant to MCC Sect. 2-156-030(b), it is illegal for any elected official, or any person acting at the direction of such official, to contact either orally or in writing any other City official or employee with respect to any matter involving any person with whom the elected official has any business relationship that creates a financial interest on the part of the official, or the domestic partner or spouse of the official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months. In addition, no elected official may participate in any discussion in any City Council committee hearing or in any City Council meeting or vote on any matter involving the person with whom the elected official has any business relationship that creates a financial interest on the part ofthe official, or the domestic partner or spouse of the official, or from whom or which he has derived any income or compensation during the preceding twelve months or from whom or which he reasonably expects to derive any income or compensation in the following twelve months. Violation of MCC Sect. 2-156-030 by any elected official with respect to this contract will be grounds for termination of this contract. The term financial interest is defined as set forth in MCC Chapter 2-156.
Chicago Inspector and Legislative Inspector General
As required by § 2-56 of the Municipal Code, it is the duty of every Contractor, all subcontractors, every applicant for certification of eligibility for a City contract or program, and all officers, directors, agents, partners and employees ofany bidder, Contractor, subcontractor or such applicant to cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Municipal Code. Contractor must abide by all provisions of Chapter 2-56 of the Municipal Code. All subcontracts must inform subcontractors ofthe provision and require understanding and compliance.
Governmental Ethics Ordinance
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
As required by § 2-156-120 ofthe Municipal Code, no payment, gratuity or offer of employment shall be made in connection with "any city contract, by or on behalf of a subcontractor to the prime contractor or higher-tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
False Statements
False statements made in connection with this Agreement, including statements in, omissions from and failures to timely update the EDS, as well as in any other affidavits, statements or contract documents constitute a material breach of the Agreement (each a "Disclosure Misrepresentation"). Any such Disclosure Misrepresentation renders the Agreement voidable at the option of the City, notwithstanding any prior review or acceptance by the City of any materials containing a Disclosure Misrepresentation. In addition, the City may debar Contractor, assert any contract claims or seek other civil or criminal remedies as a result of a Disclosure Misrepresentation (including costs of replacing a terminated Contractor pursuant to Chicago Municipal Ordinance 1-21-010.
Americans with Disabilities Act
Contractor must perform all construction or alteration that Contractor undertakes in connection with this Contract in compliance with all federal, state and local laws and regulations regarding accessibility standards for disabled or environmentally limited persons including: Americans with Disabilities Act, P.L. 101-336 (1990) and the Uniform Federal Accessibility Standards ("UFAS") or the American with Disabilities Act ("ADA") and; the Illinois Environmental Barriers Act, 410 ILCS 25/1 et seq. (1991), and the regulations promulgated with them. If the above cited standards are inconsistent, Contractor must comply with the standard providing greater accessibility.
I-I. MacBride Principles Ordinance
If the Contractor conducts any business operations in Northern Ireland, it is hereby required that the contractor shall make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390 (1988 III. Law 3220).
I. Prohibition on Certain Contributions - Mayoral Executive Order No. 2011-4
During the Term of this Agreement, or during any period when an extension of this Agreement is being sought or negotiated, neither the Contractor nor any party with a beneficial interest or ownership interest in the Contractor of more than 7.5%, nor any subcontractor of the Contractor or any owner of a subcontractor with more than 7.5% interest in the subcontractor, nor any person with a familial or domestic relationship, including domestic partners, with any of the above may make themselves, may coerce or compel any employee to make or reimburse any employee for any amount, or otherwise participate in the solicitation of amounts contributed to the Mayor or to the Mayor's political fundraising committee.
Contractor's violation of Mayoral Executive Order No. 2011-4 constitutes an Event of Default for which no opportunity to cure will be granted. Such breach and default entitles the City to all remedies (including without limitation termination for default) under this Agreement, under Other Contract, at law and in equity.
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
J. Licensing of General Contractors
Important: The failure to comply with the provisions of Chapter 4-36 of the Municipal Code ("Chapter 4-36") may result in ineligibility to bid, inability to perform (or continue) to work, imposition of substantial fines, and/or in the City's revoking the Bidder's "general contractor" license. Information about Chapter 4-36 and application forms are available on the City's website, www.cityofchicago.org .
As stated elsewhere in the specification, the City reserves the right to reject any or all bids.
Contractor must be in compliance with the requirements of Chapter 4-36, in the appropriate license class commensurate with the size of this project, if the license is required for the scope of work, at the time the contract is awarded a contract, throughout the term of the contract.
Contractor's failure to be licensed as a "general contractor" at all times throughout the term of the contract, if the license is required for the scope of work, is an event of default under the Agreement and the City may exercise any and all rights and remedies permitted under the contract, at law, or in equity.
K. Buy America
Contractor must ensure that, to the extent applicable, Work provided under this Contract complies with any Buy America provisions of the federal government and/or any similar provisions of the State or City.
L. Steel Products
Unless otherwise provided in the Steel Products Procurement Act, 30 ILCS 565/1 et seq., steel products used or supplied in the performance of this contract or any subcontract to this contract must be manufactured or produced in the United States. Knowing violation of this law may result in the filing and prosecution of a complaint by the Attorney General of the State of Illinois and will subject violators to a fine of the greater of $5,000 or the payment price received as a result of such violation.
M. Wastes
As required by § 11-4-1600(e) of the Municipal Code, violation of §§ 7-28-390 Dumping on public way; 7-28-440 Dumping on real estate without permit; 11-4-1410 Disposal in waters prohibited; 11-4-1420 Ballast tank, bilge tank or other discharge; 11-4-1450 Gas manufacturing residue; 11-4-1500 Treatment and disposal of solid or liquid waste; 11-4-1530 Compliance with rules and regulations required; 11-4-1550 Operational requirements; and 11-4-1560 Screening requirements by the Contractor or any subcontractor during the term of the Agreement, whether or not in the performance of the Agreement, constitutes an event of default. Non-compliance with these terms and conditions may be used by the City as grounds for the termination of the Agreement, and may further affect Contractor's eligibility for future contract awards. The opportunity to cure, if curable, will be granted only at the sole discretion of the Commissioner. Such breach and default entitles the City to all remedies under the Contract, at law or in equity.
N. Duty to Report Corrupt Activity
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Pursuant to MCC 2-156-018, it is the duty ofthe Contractor to report to the Inspector General, directly and without undue delay, any and all information concerning conduct which it knows to involve corrupt activity. "Corrupt activity" means any conduct set forth in Subparagraph (a)(1), (2) or (3) of Section 1-23-020 ofthe MCC. Knowing failure to make such a report will be an event of default underthis Contract. Reports may be made to the Inspector General's " toll free hotline, 866-IG-TIPLINE (866-448-4754).
O. Equal Pay
The Contractor will comply with all applicable provisions of the Equal Pay Act of 1963, 29 U.S.C. 206(d) and the Illinois Equal Pay Act of 2003, 820 ILCS 112/1, et seq., as amended, and all applicable related rules and regulations including but not limited to those set forth in 29 CFR Part 1620 and 56 III. Adm. Code Part 320.
P. 2014 Hiring Plan Prohibitions
The City is subject to the June 16, 2014 "City of Chicago Hiring Plan" (the "2014 City Hiring Plan") entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United States District Court for the Northern District of Illinois). Among other things, the 2014 City Hiring Plan prohibits the City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons or factors.
Contractor is aware that City policy prohibits City employees from directing any individual to apply for a position with Contractor, either as an employee or as a subcontractor, and from directing Contractor to hire an individual as an employee or as a Subcontractor. Accordingly, Contractor must follow its own hiring and contracting procedures, without being influenced by City employees. Any and all personnel provided by Contractor under this Contract are employees or Subcontractors of Contractor, not employees ofthe City of Chicago. This Contract is not intended to and does not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kind between the City and any personnel provided by Contractor.
Contractor will not condition, base, or knowingly prejudice or affect any term or aspect of the employment of any personnel provided under this Contract, or offer employment to any individual to provide services under this Contract, based upon or because of any political reason or factor, including, without limitation, any individual's political affiliation, membership in a political organization or party, political support or activity, political financial contributions, promises of such political support, activity or financial contributions, or such individual's political sponsorship or recommendation. For purposes of this Contract, a political organization or party is an identifiable group or entity that has as its primary purpose the support of or opposition to candidates for elected public office. Individual political activities are the activities of individual persons in support of or in opposition to political organizations or parties or candidates for elected public office.
In the event of any communication to Contractor by a City employee or City official in violation of paragraph 2 above, or advocating a violation of paragraph 3 above, Contractor will, as soon as is reasonably practicable, report such communication to the Hiring
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 20I7)
Oversight Section ofthe City's Office ofthe Inspector General, and also to the head ofthe relevant City Department utilizing services provided under this Contract. Contractor will also cooperate with any inquiries by OIG Hiring Oversight.
Q. Contractor's liability - Safety barriers and lights
Whenever any work or improvement shall require the digging up, use, or occupancy of any public way or other public place in the city, substantial covenants requiring such Contractor to put up and maintain such barriers and lights during the night time as will effectually prevent the happening of any accident for which the City might be liable in consequence of such digging up, use, or occupancy of any public way or other public place, shall be inserted in the contract and also such other covenants and conditions as experience may prove necessary to save the City harmless from damages. The Commissioner shall also provide in such contract that the party contracting with the City shall be liable for all damages occasioned by the digging up, use, or occupancy of such public way or other public place, or which may result therefrom.
R. Electronic Mail Communication
Electronic mail communication between Contractor and City employees must relate only to business matters between Contractor and the City.
S. Disclosure of Ownership Interest in Entities (Electronic Disclosure Statement)
The Contractor understands and will abide by the terms of Section 2-154-020 of the Municipal Code of Chicago regarding disclosure of ownership interest in entities.
T. EDS Update Obligation
Contractor is required to notify the City and update the EDS whenever there is a change in circumstances that makes any certification or information provided in an EDS inaccurate, obsolete or misleading. Failure to notify the City and update the EDS is grounds for declaring the Contractor in default, termination of the Contract for default, and declaring that the Contractor is ineligible for future contracts.
U. Wheel Tax (City Sticker)
Contractor must pay all Wheel Tax required by Chapter 3-56 of the MCC, as amended from time to time. Contractor should take particular notice of MCC 3-56-020 and MCC 3-56-125 which relate to payment of the tax for vehicles that are used on City streets or on City property by City residents. For the purposes of Chapter 3-56, any business that owns, leases or otherwise controls a place of business within the City wherein motor vehicles or semi-trailers are stored, repaired, serviced, or loaded or unloaded in connection with the business is also considered to be a City resident.
V. Safety Enhancing Vehicle Equipment Contracting (MCC 2-92-597)
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised .kmc 2017)
Definitions
For purposes of this section, the following definitions shall apply:
"Commissioner of 2FM" means the City's Commissioner of Fleet and Facility Management.
"Conventional cab" means a large vehicle configuration in which the driver is behind the front axle and the engine is in front of the axle under a discrete hood.
"Convex mirrors" means wide-angle mirrors that enable the operator of a large vehicle to see along the left and right sides ofthe vehicle by allowing a view of all points on an imaginary horizontal line which is: (i) three feet above the road; and (ii) one foot outside the plane defined by the outer face of the wheels.
"Crossover mirror" means a fender-mounted or hood-mounted mirror that enables the operator of a large vehicle with a conventional cab to see: (i) any person or object at least three feet tall passing one foot in front of the vehicle; and (ii) the area from the front bumper to where direct vision is possible.
"Large vehicle" means any motor vehicle with a gross vehicle weight rating exceeding 10,000 pounds, except an ambulance, fire apparatus, low-speed vehicle with maximum speed under 15 mph, or agricultural tractor.
"Lateral protective device" or "vehicle side guard" means an apparatus installed between the front and rear wheels of a large vehicle that is designed to prevent road users from falling underneath the vehicle.
"Subcontractor" means any person that enters into any tier subcontract to perform work on this Contract.
"Volpe side guard standard" means the United States Department of Transportation's Volpe side guard standard published and referred to as US DOT Standard DOT-VNTSC-OSTR-16-05, as amended; or a functionally equivalent national vehicle side guard standard, as determined by the Commissioner of 2FM.
Safety Enhancing Requirements
Contractor and any Subcontractor must comply with MCC 2-92-597. Contractor and any Subcontractor must retrofit large vehicles used in the performance of the contract, in accordance with the Phase-In Period provided below, with:
(A) Lateral protective devices. This requirement shall be considered satisfied if: (i) the vehicle is equipped with vehicle side guards in accordance with the requirements ofthe Volpe side guard standard; or (ii) the vehicle is so designed or equipped at the side that, by virtue of its shape and characteristics, its component parts can be regarded as replacing or functioning as vehicle side guards in accordance with the Volpe side guard standard; or (iii) the vehicle cannot be retrofitted with lateral protective devices as attested by the contractor or the subcontractor in a statement accompanied by certification from two manufacturers of such devices.
XXI. Compliance with All Laws
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Left and right side convex mirrors; and
At least one crossover mirror on the passenger side.
Phase-In Period
Except when a Contractor or a Subcontractor is granted a waiver pursuant to MCC 2-92-597(g), the Safety Enhancing Requirements set forth above shall apply to:
one-fourth of a Contractor's or a Subcontractor's large vehicles used in the performance of the Contract on or after July 1, 2018 but before July 1, 2019;
one-half of a Contractor's or a Subcontractor's large vehicles used in the performance of the Contract on or after July 1, 2019 but before July 1, 2020;
three-fourths of a Contractor's or a Subcontractor's large vehicles used in the performance of the Contract on or after July 1, 2020 but before July 1, 2021;
all of a Contractor's or a Subcontractor's large vehicles used in the performance of the Contract on or after July 1, 2021.
Compliance
Contractor shall submit a written compliance plan to the Commissioner of 2FM with respect to compliance with MCC 2-92-597 within 14 days following the notice to proceed or the placing of the first order under the contract, as applicable.
Every twelve-month period following the notice to proceed or the placing ofthe first order under the contract, as applicable, or when requested by the Commissioner of 2FM, the contractor must submit to the Commissioner of 2FM, in a form and manner provided by the CPO, a report that includes the following:
the number of large vehicles used in the performance of the Contract by the Contractor and any Subcontractor;
the number of large vehicles used in the performance of the Contract by the Contractor and any Subcontractor that are retrofitted with safety enhancing equipment as required as specified above and MCC 2-92-597(b);
one or more photographs of each large vehicle used in the performance ofthe Contract by the Contractor and any Subcontractor that is retrofitted with required safety enhancing equipment as specified above and set forth in MCC 2-92-597(b). The photographs must show the large vehicle's license plate number with the safety enhancing equipment fitted on the vehicle; and
a certification that the Contractor and any Subcontractor in the contract have met the requirements MCC 2-92-597 and the terms of the contract specified pursuant to that section.
XXI. Compliance with All Laws
Department of Fleet and Facility Management Terms and Conditions for Construction Contract - Book 1
(Revised June 2017)
Time Extension and Annual Waiver Requests
Upon a written request, accompanied by a compliance plan, of a Contractor or Subcontractor of a Contract entered on or before December 31, 2018, the CPO, in consultation with the Department, may grant a time extension of not more than six months for compliance with the requirements of MCC 2-92-597 with regard to the Contract.
Contractor and any Subcontractors may apply to the CPO for an annual waiver from the requirements of MCC 2-92-597. See MCC 2-92-597(g).
Costs
All costs that the contractor or any subcontractor may incur to comply with contract requirements imposed pursuant to this section are incidental to the overall contract. No additional time or monies shall be granted to the contractor for compliance with these requirements.
Enforcement
The CPO or Commissioner is authorized to inspect or to have inspected any large vehicle used in the performance of this Contract in order to ensure compliance with Safety Enhancing Equipment requirements and MCC 2-92-597.
In addition to other remedies provided by law or specified in the Contract, any person who knowingly makes a false statement of material fact to any city agency with respect to compliance with any contract requirements specified pursuant to MCC 2-92-597 or rules promulgated thereunder shall be fined not less than $1,000.00 nor more than $5,000.00 for each such false statement. For purposes of MCC 2-92-597. a person knowingly makes a false statement of material fact when such person makes a false statement of material fact as provided in subsection (d) of Section 1-21-010. W. Deemed Inclusion
Provisions required by Applicable Law to be inserted in the Agreement are deemed inserted in the Agreement whether or not they appear in the Agreement or, upon application by either party, the Agreement will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after the Agreement is signed prevent its enforcement.
XXII. MISCELLANEOUS
Counterparts
This Contract is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect.
Modifications
No changes, modifications, cancellation, or discharge of this Contract, or any part of it, is valid unless in writing and signed by the parties to it, or their respective successors and assigns.
City Funded XXI. Compliance with All Laws
Exhibit 5 cont.
No Waiver of Legal Rights
The City will not be precluded or estopped from showing the true amount and character of the Work performed and materials furnished by you, or from showing that any measurement, estimate, or certificate is untrue or incorrectly made, or that the Work or materials do not conform in fact to the Contract. The City will not be precluded or estopped from recovering from you and your sureties such damages as the City may sustain by reason of your failure to comply with the terms of the Contract.
Neither the acceptance by the City, or any representative of the City, nor any payment for or acceptance of the whole or any part of the Work, nor any extension of time, nor any possession taken by the City, will operate as a waiver by the City of any portion of the Contract, or of any power reserved in it or any right of the City to damages provided in it. A waiver of any breach of the Contract does not constitute a waiver of any other or subsequent breach.
Miscellaneous Provisions: Whenever under this Contract, the City by a proper authority waives your performance in any respect or waives a requirement or condition to either the City's or your performance, the waiver so granted, whether express or implied, only applies to the particular instance and is not deemed a waiver forever or for subsequent instance of the performance, requirement, or condition. No such waiver may be construed as a modification of this Contract regardless of the number of times the City may have waived the performance, requirement, or condition.
Governing Law
This Contract is governed in accordance with the laws ofthe State of Illinois without regard to choice of law principles. You irrevocably submit, and will cause your Subcontractors to submit, to the original jurisdiction of those State or Federal courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the execution or performance of this Contract. You consent to service of process on you, at the option of the City, either by registered or certified mail addressed to the applicable office as provided for in this Contract, by registered or certified mail addressed to the office actually maintained by you, or by personal delivery on any of your officers, directors, or managing or general agents.
Consent to Service of Process and Jurisdiction
All judicial proceedings brought against you with respect to this Contract may be brought in (i) any court of the State of Illinois of competent jurisdiction; and (ii) any Federal court of competent jurisdiction located within the boundaries ofthe Federal court district ofthe Northern District of Illinois, and by execution and delivery of this Contract, you accept, for yourself and in connection with your properties, generally and unconditionally, the exclusive jurisdiction of those courts, and irrevocably agree to be bound by any final judgment rendered by them from which no appeal has been taken or is available. You designate and appoint the representative identified on the signature page to this Contract under the heading "Designation of Agent for Service Process" as your agent in Chicago, Illinois to receive on your behalf service of all process in any such proceedings in the court (which representative must be available to receive the service at all times), the service being acknowledged by the representative to effective and binding service in every respect. The agent may be changed only upon the giving of written notice by you to the City of the name and address of a new Agent for Service of Process who works within the geographical boundaries of the City of Chicago and is retained or employed by you. You irrevocably waive any objection (including any objection of the laying of venue or based on the grounds of forum non conveniens) which you may now or later have to bring any action or proceeding with respect to this Contract in the jurisdiction set forth above. Nothing in this section affects the right to serve process in any other manner permitted by law or limits the right ofthe City to bring proceedings against you in the courts of any other jurisdiction.
Contractor Cooperation
You must act in good faith in the performance of this Contract and co-operate with the City and any other City contractors at the site to assure timely completion of the Work. You must implement such
City Funded Exhibit 5 cont.
measures as may be necessary to ensure that your staff and your Subcontractors are bound by the provisions of this Contract.
Joint and Several Liability
If you, or your successors or assigns, if any, are comprised of more than one individual or other legal entity (or a combination of them), then each and every obligation or undertaking stated in this Contract that you are to fulfill or perform is the joint and several obligation or undertaking of each such individual or other legal entity.
No Third Party Beneficiaries
Except as may otherwise be provided in this Contract, this Contract is solely for the benefit of the parties and nothing in this Contract is intended to create any third party beneficiary rights for Subcontractors or other third parties.
I. Notices
Notices, unless expressly provided for otherwise in this Contract, must be in writing and must be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid and addressed as follows:
If to the City: Commissioner of Fleet and Facility Management,
With Copies to: The Chief Procurement Officer, City Hall, 121 North LaSalle, Room 403, Chicago, IL 60602;
If to you: The address identified in the DB Agreement; and
With Copies to: Your bonding company.
Notices delivered by mail are deemed effective three days after mailing in accordance with this Section Notices delivered personally are deemed effective upon receipt. Refusal to accept notice has the same effect as if notice were delivered. The addresses stated in this Contract may be revised without need for modification or amendment of this Contract, as long as written notification is given in accordance with this Section.
J. Authority
Contractor: Your execution of this Contract is authorized and signature(s) of each person signing on your behalf has been made with complete and full authority to commit you to all terms and conditions of this Contract, including every representation, certification, and warranty contained in it, attached to it and collectively incorporated by reference in it, or that may be required by the terms and conditions of this Contract. If other than a sole proprietorship, you must provide satisfactory evidence that the execution of the Contract is authorized in accordance with the business entities rules and procedures.
Consents and Approvals: Unless otherwise expressly stated in this Contract, any consents and approvals to be given by the City are made by the Commissioner.
K. Software License Agreements
The City reserves the right to negotiate software license agreements directly with the software supplier
City Funded Exhibit 5 cont.
EXHIBIT 6: PROJECT SCHEDULE
[SEE FOLLOWING PAGES]
Exhibit 6 - Project Schedule
Exhibit 6 Project Schedule
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Exhibit 6 - Project Schedule
E-xhibf, 6 - Project Schedule
Exhibit 6 - Project Schedule
EXHIBIT 7: GUARANTEED MAXIMUM PRICE
[SEE FOLLOWING PAGES]
AECOM HUNT
Wentworth Neenah North Branch
| $2,452,011
$1,946,720 $487,353 $17,938
Wentworth
Neenah North Branch
| $114,122
$94,837 $18,885 $400
3C PRECAST CONCRETE
Wentworth
4A MASONRY
Wentworth Neenah North Branch
$541,819 $224,952 $70,615
5A STRUCTURAL STEEL
Wentworth North Branch
$763,939 $18,976
Wentworth Neenah North Branch
$5,643,786
$4,141,786 $1,502,000 $0
$151,788
Wentworth Neenah North Branch
$113,483 $36,028 $2,277
6A Millwork and Casework
Wentworth Neenah North Branch
$39,801 $7,908 $5,017
7A ROOFING
Wentworth North Branch
$108,121 $17,382
7B FIRE PROOFING
Wentworth Neenah
$165,650 $53,400
GMP FOR: AECOM HUNT
Chicago 2FM Throop Relocation
7C LOUVERS & METAL PANEL $918,413
] Wentworth $898,913
Neenah $19,500
7D Waterproofing, Dampproofing | $60,464
Wentworth $43,556 Neenah $14,710 North Branch $2,198
8A ALUMINUM STOREFRONT | $259,035~
Wentworth $202,060 - Neenah $49,850 North Branch $7,125
8B Doors and Hardware | $177,2~
Wentworth $132,271 Neenah $40,301 North Branch $4,699
8C Overhead Doors $169,059
I | Wentworth $110,948
Neenah $58,111
8D Interior Glass and Aluminum | $196,960
Wentworth $187,095 Neenah $9,865
9A Drywall, Ceilings, DFH Install | $657,
Wentworth $559,000 Neenah $78,600 North Branch $19,900
9B Painting | $151,180
Wentworth $110,150 Neenah $36,350 North Branch $4,680
9C Carpet and Resilient | $151.055
Wentworth $138,385 Neenah $10,425 North Branch $2,245
9D Epoxy Flooring | S39.664
| Wentworth $24,433
Neenah $11,731
North Branch $3,500
9F Ceramic Tile | S34 670
Wentworth $30,195 Neenah $4,475
GMP FOR:
Chicago 2FM Throop Relocation
10ABC Specialties and Accessories
Wentworth Neenah North Branch
$156,343 Included Included
10B Signage
Wentworth Neenah . North Branch
$25,400 $9,650 $12,850
13A FUEL SYSTEMS
North Branch Allowance - Add 5th fueling island
$878,915 $200,000
13C FLUID DISTRIBUTION
Wentworth Neenah
$635,500 $488,780
13D CRANES
Wentworth Neenah
$107,500 $73,500
13E PARKING EQUIPMENT
Wentworth 13F CONTROL BOOTH - By 2FM
Wentworth
13G EXHAUST EXTRACTION
Wentworth Neenah
13H PAINT BOOTH - By 2FM
Wentworth
14A ELEVATOR
Wentworth 14B VEHICLE LIFTS - By 2FM
Wentworth
| $208,860
$128,280 $80,580
| SO
$0
$81,400
$81,400
| SO
$0
21A FIRE PROTECTION
Wentworth
GMP FOR:
Chicago 2FM Throop Relocation
22A PLUMBING
Wentworth Neenah North Branch
$598,326 $240,343 $25,193
23A HVAC
Wentworth Neenah North Branch
$2,178,547 $806,513 $33,797
26A ELECTRICAL
Wentworth Neenah North Branch
$2,988,994 $1,010,894 $274,399
31A DEMOLITION
$80,900 | S2.739.235
Wentworth Neenah North Branch
$1,919,342 $634,073 $185,820
32A ASPHALT
Wentworth $887,790
| Neenah $80,950
North Branch $4,850
32B SITE CONCRETE | $588,081
Wentworth $214,500
| Neenah $39,841
North Branch $333,740
32C Landscaping | $436,560
| Wentworth $308,147
Neenah $74,516 North Branch $53,897
32D Site Fencing $390,576
| Wentworth $390,576
33A SITE UTILITIES | 51,038,608
Wentworth $663,957
| Neenah $221,237
North Branch $153,414
AECOM HUNT
S223.120
GMP FOR: Chicago 2FM Throop Relocation
Owner Allowance - Utility Charges - ComEd, Water Dept., Peoples Gas, Stormwater Fees, AT&T, CTR, etc.
Wentworth
Neenah North Branch
$94,000 $103,660 $25,460
GENERAL CONDITIONS $2,889,119
GENERAL REQUIREMENTS $1,149,249
SITE WORK $6,470,670
BUILDING S24,879,061
CONTINGENCY $1,567,487
TOTAL | $36,955,586
J7 BONDING, PERMITS, ALLOWANCES | $2,667,861
[insurance 5284,189
Payment & Performance Bonds $245,755
Builders Risk Insurance $32,917
Design Phase Services $1,645,861
3rd Party Investigations $85,500
Enhanced Commissioning $80,000
LEED Consultant & Registration $123,639
Professional Liability Insurance $150,000
Owner's & Contractors Protective Liability Insurance $20,000
$39,623,446
J18 MARK UP | 5974,969
FEE 1 $974,969
BID
S40,598,416
AfTCQM HUNT Assumptions and Clarifications
Guaranteed Maximum Price
City of Chicago - Replacement Facilities for 2FM Operations Relocated From 1685 N. Throop
January 8, 2018
The above GMP Cost Summary includes the following assumptions/clarifications.
General Exclusions:
The following are not included in the GMP:
A City Allowance for moving/relocation
Fiirniture, Fixtures & Equipment
Main Heavy-Duty Facility spare fire truck building
Spilled Fuel Containment for fuelmg trucks
LEED certification for Fueling Station
Army Corps of Engineers permitting.
General Clarifications:
Allowances included in this GMP are identified in the above GMP cost summary or below in tins Assumptions and Clarifications document. Any savings on Owner Allowances will be returned to the City at project completion. Owner Allowance overruns will be funded by the City via change order.
In instances where City is providing used equipment to Design-Builder to install, Design-Builder takes no responsibility for the condition ofthe used furnished equipment.
Specific Exclusions
The. following are not included m the GMP: Division 5 - Metals
Ladders, stairs, and platforms at the wash bay
Miscellaneous steel support for City FF&E
Protective vehicle guard rails
Fence or other metal interior partitions in the workshop areas. Division 7 - Thermal and Moisture Protection
1. Screen to conceal rooftop FTVAC unit. Division 9 - Finishes
Painhng of exposed steel within Workshop areas, steel will be primer coated only
Paint striping of shop floor at both Main and Satellite shops Division 10 - Specialties
1. Exterior building or site signage. Division 12 - Equipment
1. Fall protection systems at both Main and Satellite shops Division 13 - Special Construction
1. Fuel tank concrete vaults.
2 Fluid distribution inventory system at botli Main and Satellite shops.
Fire protection system is not included with the fuelmg island canopy. Division 21 - Fire Protection Systems
Fire suppression sprinkler systems at Satellite Heavy-Duty Repair Facility Division 26 - Electrical
1 Heat trace or ice/snow-melt on roof, gutters or downspouts.
Lightning protection systems
Division 27 and 28 - Communications and Security
1. PA Paging System.
ASC0M HUNT Assumptions and clarifications
Guaranteed Maximum Price
City of Chicago - Replacement Facilities for 2FM Operations Relocated From 1685 N. Throop
;<1 .... . January 8,2018
12; Radio dispatch systems and antenna are excluded
Division 32 - Site Improvements 1Fencing around retention ponds.
2. City penalties, fines, or charges for removal of existing trees.
Removal of temporary landscape watering dLstnbution system 4: Permanent automatic landscape irrigation systems
Specific Clarifications' Division 2 - Existing Conditions
r.l. An Owner. Allowance of $25,000 is included within die North Branch Demolition line item listed in the GMP summary above. This allowance is for remediation of asbestos .containing materials within the building Streets and Salutation Building at the North Branch Fuel site. Division 21 - Fire Protection Systems
Minor modification of the existing fire sprinkler system is included at the North Branch fuel attendant area.
The fire suppression sprinkler system at Main Heavy Duty Repair Facility is a wet sprinkler system only.
Division 31 - Earthwork
1. This GMP assumes utilizing as much existing earth/fill materials onsite as possible to minimize exporting and disposal of materials and creating a balanced site. This includes raising the sites and building bernis to store dirt. Below is an example of where Design-Builder intends to dispose, of dirt onsite at the Satellite Heavy-Duty Repair Facility. All berms or raised site areas will covered with topsoil and seeded.
EXHIBIT 8: ANTICIPATED CONSTRUCTION DISBURSEMENT CASH
FLOW
NT Relocation DRAFT
Cash Flow Projection
Based Upon 2/15/18 closing date 12/4/2017
GMP 18-Feb 18-Mar 18-Apr 18-May 18-Jun 18-Jul 18-Aug
tS40,5?.8iT6-: $1,300,000 $2,000,000 $5,000,000 $3,743,750 $3,743,750 $3,743,750 $3,743,750
-
18-Sep 18-Oct 18-Nov 18-Dec 19-Jan 19-Feb 19-Mar
$3,743,750 $3,743,750 $3,743,750 $3,743,750 $1,098,416 $1,000,000 $ 250,000
EXHIBIT 9: KEY PERSONNEL
Title ' 'iff;" " = Individual %,*}-.. •*>.•' -
Project Design Principal Bane Gaiser
Project Design Manager Frank Louis
Senior Vice President Jim Banovitz
EXHIBIT 10: INSURANCE REQUIREMENTS AND CERTIFICATE
Department of Fleet and Facility Management
Relocation of North Throop Operations Main Garage Light Duty Garage, Fuel Station
A. INSURANCE REQUIRED - DESIGN-BUILDER
Design-Builder must provide and maintain at Design-Builder's own expense or cause to be maintained, until Contract completion and during the time period following completion if Design-Builder is required to return and perform any additional work, services, or operations, the insurance coverages and requirements specified below, insuring all operations related to the Contract.
Workers Compensation and Employers Liability
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a service under this Contract and Employers Liability coverage with limits of not less than $500,000 each accident, $500.000 disease-policy limit, and $500.000 disease-each employee, or the full per occurrence limits ofthe policy, whichever is greater.
Design-Builder may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to the following: All premises and operations, products/completed operations, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent), and means, methods, techniques, sequences and procedures.
The City must be provided additional insured status with respect to liability arising out of Design-Builder's work, services or operations performed on behalf of the City. The City's additional insured status must apply to liability and defense of suits arising out of Design-Builder's acts or omissions, whether such liability is attributable to the Design-Builder or to the City on an additional insured endorsement form acceptable lo the City. The lull policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein. Design-Builder's liability insurance must be primary
Exhibit 10
Insurance Requirements and Experience
without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Design-Builder may
use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella
Design-Builder must maintain Automobile Liability Insurance with limits of not less than $1.000,000 per occurrence, or the full per occurrence limits of the policy, whichever is greater, for bodily injury and property damage. Coverage must include but not be limited to, the following: ownership, maintenance, or use ofany auto whether owned, leased, non-owned or hired used in the performance ofthe work or devices, both on and off the Project site including loading and unloading. The City is to be named as an additional insured on a primary, non-contributory basis.
Excess/Umbrella
Excess/Umbrella Liability Insurance must be maintained with limits of not less than $4.000.000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, ofthe underlying insurance. If a general aggregate limit applies the general aggregate must apply per project/location. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Design-Builder may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.l, A.2, A.3 and A.4 herein.
Professional Liability
When Design-Builder performs work including professional services and/or operations in connection with this Contract, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $5,000.000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of work by the Design-Builder. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
Valuable Papers
When any, plans, designs, drawings, specifications, media, data, reports, records, and other documents are produced or used under this Contract, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re-creation and reconstruction of such records.
Exhibit 10
Insurance Requirements and Experience
INSURANCE TO BE PROVIDED - DESIGN ARCHITECT
Workers Compensation and Employers Liability (Primary and Umbrella)
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a service under this Agreement and Employers Liability coverage with limits of not less than $500.000 each accident; $500.000 disease-policy limit; and $500.000 disease each employee, or the full per occurrence limits of the policy, whichever is greater. Coverage shall include but not be limited to: other states endorsement, alternate employer and voluntary compensation endorsement; when applicable.
Design Architect may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $1.000.000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to the following: All premises and operations, products/completed operations, separation of insureds, defense, and contractual liability (not to include Endorsement CG 21 39 or equivalent), and means, methods, techniques, sequences and procedures.
The City and other entities as required by City must be provided additional insured status with respect to liability arising out of Design Architect's work, services or operations performed on behalf of the City. The City's additional insured status must apply to liability and defense of suits arising out of Design Architect's acts or omissions, whether such liability is attributable to the Design Architect or to the City on an additional insured endorsement form acceptable to the City. The full policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein. Design Architect's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Design Architect may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella)
Design Architect must maintain Automobile Liability Insurance with limits of not less than $1.000.000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater, for bodily injury and property damage. Coverage must include but not be limited to, the following: ownership, maintenance, or use ofany auto whether owned, leased, non-owned or hired used in the performance ofthe work or devices, both on and off the Project
Exhibit 10
Insurance Requirements and Experience
site including loading and unloading. The City is to be named as an additional insured on a primary, non-contributory basis.
Design Architect may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Excess/Umbrella
Excess/Umbrella Liability Insurance must be maintained with limits of not less than $4.000,000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Design Architect may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.l, A.2, A.3 and A.4 herein.
Professional Liability
Design Architect performing work including professional services and/or operations in connection with this Contract, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $10,000.000 Coverage must include but not be limited to pollution liability if environmental site assessments will be done. The policy retroactive date must precede start of Design related to this Contract. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede start of Design work. A claims-made policy which is not renewed or replaced must have an extended reporting period of Three (3) years.
Valuable Papers
When any plans, designs, drawings, specifications, media, data, and other documents are produced or used under this Contract, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the recreation and reconstruction of such records
C. INSURANCE TO BE PROVIDED - CONSTRUCTION
I) Workers Compensation and Employers Liability (Primary and Umbrella)
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide a work, services or operations under this Contract and Employers Liability coverage with limits of not less than $1.000.000 each accident, $1.000.000 disease-policy limit, and $1.000.000 disease-each employee, or the full per occurrence limits ofthe policy, whichever is greater. Coverage shall include but not be limited to: other
Exhibit 10
Insurance Requirements and Experience
states endorsement, alternate employer and voluntary compensation endorsement; when applicable.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent must be maintained with limits of not less than $5.000.000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater, for bodily injury, personal injury, and property damage liability. Coverages must include but not be limited to, the following: All premises and operations, products/completed operations, (for the full statue of repose following project completion) explosion, collapse, underground, separation of insureds, defense, contractual liability (not to include endorsement CG 21 39 or equivalent), no exclusion for damage to work performed by Subcontractors, any limitation of coverage for designated premises or project is not permitted (not to include endorsement CG 21 44 or equivalent) and any endorsement modifying or deleting the exception to the Employer's Liability exclusion is not permitted. If a general aggregate limit applies, the general aggregate must apply per project/location and once per policy period if applicable, or Contractor may obtain separate insurance to provide the required limits which will not be subject to depletion because of claims arising out of any other work or activity of Contractor. If a general aggregate applies to products/completed operations, the general aggregate limits must apply per project and once per policy period.
The City must be provided additional insured status with respect to liability arising out of Contractor's work, services or operations and completed operations performed on behalf of the City. Such additional insured coverage must be provided on ISO form CG 2010 10 01 and CG 2037 10 01 or on an endorsement form at least as broad for ongoing operations and completed operations. The City's additional insured status must apply to liability and defense of suits arising out of Contractor's acts or omissions, whether such liability is attributable to the Contactor or to the City. The full policy limits and scope of protection also will apply to the City as an additional insured, even if they exceed the City's minimum limits required herein.
Contractor's liability insurance must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Contractor may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies.
Automobile Liability (Primary and Umbrella
Exhibit 10
Insurance Requirements and Experience
Contractor must maintain Automobile Liability Insurance with limits of not less than $5,000,000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater, for bodily injury and property damage. Coverage must include but not be limited to, the following: ownership, maintenance, or use of any auto whether owned, leased, non-owned or hired used in the performance of the work or devices, both on and off the Project site including loading and unloading. The City is to be named as an additional insured on a primary, non-contributory basis.
When applicable, coverage extension must include a) an MCS-90 endorsement where required by the Motor Carrier Act of 1980 and b) pollution coverage for loading, unloading and transportation of infectious waste, chemical waste, hazardous, radioactive and special waste.
Excess/Umbrella
Excess/Umbrella Liability Insurance must be maintained with limits of not less than $45.000.000 per occurrence, or the full per occurrence limits ofthe policy, whichever is greater. The policy/policies must provide the same coverages/follow form as the-underlying Commercial General Liability, Automobile Liability, Employers Liability and Completed Operations coverage required herein and expressly provide that the excess or umbrella policy/policies will drop down over reduced and/or exhausted aggregate limit, if any, of the underlying insurance. If a general aggregate limit applies the general aggregate must apply per project/location. The Excess/Umbrella policy/policies must be primary without right of contribution by any other insurance or self-insurance maintained by or available to the City.
Contractor may use a combination of primary and excess/umbrella policies to satisfy the limits of liability required in sections A.l, A.2, A.3 and A.4 herein.
Builders Risk
When Contractor undertakes any construction, including improvements, betterments, and/or repairs, the Contractor must provide All Risk Builders Risk Insurance at replacement cost for materials, supplies, equipment, machinery and fixtures that arc or will be part ofthe permanent facility/project. Coverages must include but are not limited to, the following: damage to adjoining and existing property, material stored off-site and in-transit, equipment breakdown, earth movement, Hood, water including overflow, leakage, sewer backup or seepage, collapse, right to partial occupancy, debris removal, damage resulting from faulty workmanship or materials, landscaping, mechanical-electrical breakdown or failure, testing, ordinance or law for increase cost of construction, delayed completion and loss of income/soft costs, loss of use of property, and extra expense and other consequential loss. The City of Chicago is to be named as an additional insured and loss payee.
The Contractor is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by Contractor.
Exhibit 10
Insurance Requirements and Experience
Owner's and Contractor's Protective Liability
With respect to the operations performed by Contractor, an Owner's and Contractor's Protective Liability policy designating the City of Chicago as named insured must be provided with limits of not less than $2,000.000 per occurrence, combined single limit, for losses arising out of bodily injuries to or death of all persons and for damage to or destruction of property.
Contractors Pollution Liability
When any work or services performed involves a potential pollution risk that may arise from the operations of Contractor's scope of services Contractors Pollution Liability must be provided or caused to be provided, covering bodily injury, property damage and other losses caused by pollution conditions with limits of not less than $2.000.000 per occurrence. Coverage must include but not be limited to completed.operations, contractual liability, defense, excavation, environmental cleanup, remediation and disposal and if applicable, include transportation and non-owned disposal coverage. When policies are renewed or replaced, the policy retroactive date must coincide with or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years. The City is to be named as an additional insured.
Professional Liability
When Contractors, architects, engineers or other professional consultants perform work, services, or operations in connection with this Contract, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $2.000.000. Coverage must include but not be limited to, pollution liability if environment site assessments will be done. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
D. ADDITIONAL REQUIREMENTS
Evidence of Insurance. Design-Builder, Architect and Contractor must furnish the City, Department of Fleet and Facility Management, attn.: Commissioner's Office, Room 300, 30 North LaSalle Street, Chicago, IL 60602, original certificates of insurance and additional insured endorsement, or other evidence of insurance, to be in force on the date of this Contract, and renewal certificates of Insurance and endorsement, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Contract. Design-Builder, Archtect and Contractor must submit evidence of insurance prior to execution of Contract. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of Contract. The failure ofthe City to obtain, nor the City's receipt of, or failure to object to a non-complying insurance certificate, endorsement or other
Exhibit 10
Insurance Requirements and Experience
insurance evidence from Design-Builder, Architect and Contractor, its insurance broker(s) and/or insurer(s) will not be construed as a waiver by the City of any ofthe required insurance provisions. Design-Builder, Architect and Contractor must advise all insurers of the Contract provisions regarding insurance. The City in no way warrants that the insurance required herein is sufficient to protect Design-Builder, Architect and Contractor for liabilities which may arise from or relate to the Contract. The City reserves the right to obtain complete, certified copies of any required insurance policies at any time.
Failure to Maintain Insurance. Failure ofthe Design-Builder, Architect and Contractor to comply with required coverage and terms and conditions outlined herein will not limit Design-Builder's, Architect's and Contractor's liability or responsibility nor does it relieve Design-Builder, Architect and Contractor ofthe obligation to provide insurance as specified in this Contract. Nonfulfillment of the insurance conditions may constitute a violation ofthe Contract, and the City retains the right to suspend this Contract until proper evidence of insurance is provided, or the Contract may be terminated.
Notice of Material Change. Cancellation or Non-Renewal. Design-Builder, Architect and Contractor must provide for sixty (60) days prior written notice to be given to the City in the event coverage is substantially changed, canceled or non-renewed and ten (10) days prior written notice for non-payment of premium.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Design-Builder, Architect and Contractor.
Waiver of Subrogation. Design-Builder. Architect and Contractor hereby waives its rights and its insurer(s)' rights of and agrees to requite their insurers to waive their rights of subrogation against the City under all required insurance herein for any loss arising from or relating to this Contract. Design-Builder, Design Architect and Contractor agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City received a waiver of subrogation endorsement for Design-Builder's. Architect's and Contractor's insurer(s).
Contractors Insurance Primary. All ¦ insurance required of Design-Builder, Architect and Contractor under this Contract shall be endorsed to stale that Design-Builder's, Architect's and Contractor's insurance policy is primary and not contributory with any insurance carrier by the City.
No Limitation as to Contractor's Liabilities. The coverages and limits furnished by Design-Builder, Architect and Contractor in no way limit the Design-Builder's, Architect's and Contractor's liabilities and responsibilities specified within the Contract or by law.
No Contribution bv City. Any insurance or self-insurance programs maintained by the City do not contribute with insurance provided by Design-Builder. Architect and Contractor under this Contract.
Exhibit 10
Insurance Requirements and Experience
Insurance not Limited by Indemnification. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law.
Insurance and Limits Maintained. If Design-Builder, Architect and Contractor maintains higher limits and/or broader coverage than the minimums shown herein, the City requires and shall be entitled the higher limits and/or broader coverage maintained by Design-Builder Architect and Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Joint Venture or Limited Liability Company. If Design-Builder, Architect and Contractor is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
Other Insurance obtained by Design-Builder, Architect and Contractor.
If Design-Builder's, Architect's and Contractor's desires additional coverages the Design-Builder's, Architect's and Contractor's will be responsible for the acquisition and cost.
Insurance required of Subcontractors. Design-Builder, Architect and Contractor shall name Subcontractor(s) as a named insured(s) under Design-Builder's, Architect's and Contractor's insurance or Design-Builder, Architect and Contractor will require each Subcontractor(s) to provide and maintain Commercial General Liability, Commercial Automobile Liability, Worker's Compensation and Employers Liability Insurance and when applicable Excess/Umbrella Liability Insurance with coverage at least as broad as in outlined in Section A, Insurance Required. The limits of coverage will be determined by Design-Builder, Architect and Contractor. Design-Builder, Architect and Contractor shall determine if Subcontractor(s) must also provide any additional coverage or other coverage outlined in Section A, Insurance Required. Design-Builder, Architect and Contractor are all responsible for ensuring that each Subcontractor has named the City as an additional insured where required and name the City as an additional insured on an additional insured endorsement form acceptable to the City. Design-Builder, Architect and Contractor is also responsible for ensuring that each Subcontractor has complied with the required coverage and terms and conditions outlined in this Section B, Additional Requirements. When requested by the City, Design-Builder, Architect and Contractor must provide to the City certificates of insurance and additional insured endorsements or other evidence of insurance. The City reserves the right to obtain complete, certified copies ofany required insurance policies at any lime. Failure of the Subcontractor(s) to comply with required coverage and terms and conditions outlined herein will not limit Design-Builder's. Architect's and Contractor's liability or responsibility.
City's Right to Modify. Notwithstanding any provisions in the Contract to the contrary, the City, Department of Finance, Risk Management Office maintains the right to modify, delete, alter or change these requirements.
Exhibit 10
Insurance Requirements and Experience
INSURANCE CERTIFICATE OF COVERAGE
Named Insured:
Address:
Specification //:.
RFP:
Project*:
Contract//:
Description of Operation/Location
The insurance policies and endorsements indicated below have been issued to the designated named insured with the
policy limits as set forth herein covering the operation described within the contract involving the named insured and
the City of Chicago. The Certificate issuer agrees that in the event of cancellation, non-renewal or material change
involving the indicated policies, the issuer will provide at least sixty (60) days prior written notice of such change to
the City of Chicago at the address shown on this Certificate. This certificate is issued to the City of Chicago in
consideration of the contract entered into with the named insured, and it is mutually understood that the City of
Chicago relies on this certificate as a basis for continuing such agreement with the named insured:
Type of Insurance
General Liability
[ ] Claims made [ J Occurrence
f ] Premise-Operations
[ ] Explosion/Collapse
Underground
[ | Products/Completed-Opcrations
[ ] Blanket Contractual
[ ] Broad Form Property Damage
[ ] Independent Contractors
[ ] Personal Injury
| I Pollution
Automobile Liability
[ ] Excess Liability \ j Umbrella Liability
Worker's Compensation and Employer's Liability
Builders Risk/Course of
Construction
Professional Liability
Policy Number
Expiration Date
Limits of Liability
A11 Limits in Thousands
CSL Per
Occurrence $
General
Aggregate $
Products/Completed Operations
$
CSL Per Occurrence
S
Each
Occurrence
Statutory/Illinois Employers Liability $
Amount of Contract
Owner Contractors Protective
Other
Exhibit 10
Insurance Requirements and Experience
Each Insurance policy required by this agreement, excepting policies for worker's compensation and professional liability, will read: "The City of Chicago is an additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with or permit from the City of Chicago."
The General, Automobile and Excess/Umbrella Liability Policies described provide for severability of Interest (cross liability) applicable to the named insured and the City.
Workers Compensation and Property Insurers shall waive all rights of subrogation against the City of Chicago.
d) The receipt of this certificate by the City does not constitute agreement by the City that the insurance
requirements in the contract have been fully met, or that the insurance policies indicated by this certificate
are in compliance with all contract requirements.
Name and Address of Certificate Holder and Recipient of Notice
Certificate I lolder/Additional Insured Signature of Authorized Rep.:
City of Chicago Agency/Company:
Department of Procurement Services
121 N. LaSalle St., #806 ' Address:
Chicago, IL 60602
Telephone:
Exhibit 10
Insurance Requirements and Experience
Exhibit 10
Insurance Requirements and Experience
EXHIBIT 11: BONDING REQUIREMENTS AND FORMS
RIDER ATTACHED
CONTRACTOR'S PERFORMANCE & PAYMENT BOND
Know All Men by these Presents, That we, COMPANY NAME STREET ADDRESS CITY, STATE ZIP CODE
Principal, hereinafter referred to as Contractor, and , Surety ofthe County of _
and State of _, are held and firmly bound unto the CITY OF CHICAGO in the penal sum of:
— Dollar Amount in Words and 00/100 Dollars (S ) —
lawful money ofthe United States, for the payment of which sum of money, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this day of , 20 .
Condition of the Above Obligation is such, that whereas the above bounden Contractor has entered into a certain contract with the City of Chicago, bearing
Contract No 68539. and Specification No. 611788 all in conformity with said contract, for,
Furnishing the City of Chicago, Name of User Department, all labor, tools, material, and equipment required and necessary for the project known as:
REPLACEMENT FACILITIES FOR 2FM OPERATIONS
* The attached rider is incorporated herein by reference.
Now, if the said Contractor shall in all respects well and truly keep and perform the said contract on its part, in accordance with the terms and provisions of all ofthe Contract Documents comprising said contract, and in the time and manner therein prescribed, and further shall save, indemnify, and keep harmless the City of Chicago against all loss, damages, claims, liabilities, judgments, costs and expenses which may in anywise accrue against said City of Chicago, in consequence ofthe granting of said contract, or which may in anywise result therefrom, or which may result from strict liability, or which may in anywise result from any injuries to. or death of. any person, or damage to any real or personal property, arising directly or indirectly from or in connection with, work performed or lo be performed under said contract by said Contractor, its Agents, Employees or Workmen, assignees, subcontractors, or
Exhibit 1 I
Bonding Requirements and Forms
anyone else, in any respect whatever, or which may result on account of any infringement of any patent by reason ofthe materials, machinery, devices or apparatus used in the performance of said contract, and moreover, shall pay to said City any sum or sums of money determined by the Purchasing Agent, and/or by a court of competent jurisdiction, to be due said City by reason of any failure or neglect in the performance of the requirements of said contract, wherefore the said Purchasing Agent shall have elected to suspend or cancel the same, and shall pay all claims and demands whatsoever, which may accrue to each and every materialman and subcontractor, and to each and every person who shall be employed by the said Contractor or by its assignees and subcontractors, in or about the performance of said contract, and with wages paid at prevailing wage rates if so required by said contract, and shall insure its liability to pay the compensation, and shall pay all claims and demands for compensation which may accrue to each and every person who shall be employed by them or any of them in or about the performance of said contract, or which shall accrue to the beneficiaries or dependents ofany such person, under the provisions ofthe Workers' Compensation Act, 820 ILCS 305, as amended, and the Workers' Occupational Disease Act, 820 ILCS 310, as amended (hereinafter referred to as ''Acts") then is this obligation to be null and void, otherwise to remain in full force and effect.
And it is hereby expressly understood and agreed, and made a condition hereof, that any judgement rendered against said City in any suit based upon any loss, damages, claims, liabilities, judgements, costs or expenses which may in anywise accrue against said City as a consequence ofthe granting of said contract, or which may in anywise result therefrom, or which may in anywise result from any injuries to, or death of, any person, or damage to any real or personal property; arising directly or indirectly from, or in connection with, work performed, or to be performed under said contract by said Contractor or its agents, employees or workmen, assignees, subcontractors, or anyone else and also any decision ofthe Industrial Commission ofthe State of Illinois; and any order of court based upon such decision, or judgement thereon, rendered' against said City of Chicago in any suit or claim arising under the aforementioned Acts when notice of the pendency or arbitration proceedings or suit shall have been given said Contractor, shall be conclusive against each and all parties to this obligation, as to amount, liability and all other things pertaining thereto.
Every person furnishing material or performing labor in the performance of said contract, either as an individual, as a subcontractor, or otherwise, shall have the right to sue on this bond in the name ofthe City of Chicago for his use and benefit and in such suit said person as plaintiff, shall file a copy of this bond, certified by the party or parties in whose charge this bond shall be, which copy shall be,unless execution thereof be denied under oath; prima facie evidence ofthe execution and delivery ofthe original; provided, that nothing in thus bond contained shall be taken to make the City of Chicago liable to any subcontractor, materialman, laborer or to any other person to any greater extent than it would have been liable prior to the enactment ofthe Public Construction Bond Act, 30 ILCS 5 5 0, as amended; provided further, that any person having a claim for labor and materials furnished m the performance of this contract shall have no right of action unless he shall have filed a verified notice of such claim with the Clerk ofthe City of Chicago within one hundred eighty (180) days after the date ofthe last item of work or the furnishing Ofthe last item of materials, and shall have furnished a copy of such verified notice to the contractor within ten
Exhibit 11
Bonding Requirements and Forms
(10) days of the filing of the notice with the City of Chicago. Such claim shall lie verified and shall contain the name and address of the claimant, the business address ofthe claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business with the State the principal place of business of said corporation, and in all cases of partnership the names and residences of each, ofthe partners, the name of the contractor for the City of Chicago, the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials, the amount ofthe claim and a brief description ofthe public improvement for the construction or installation of which the contract is to be performed. Provided, further that no defect in the notice herein provided for shall deprive the claimant of his right of action under the terms and provisions of this bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same; provided, further, that no action shall be brought until the expiration of one hundred twenty (120) days alter the date ofthe last item of work or ofthe furnishing ofthe last item of material, except in cases where the final settlement between the City of Chicago and the Contractor shall have been made prior to the expiration of the 120-day period in which case action may be taken immediately following such final settlement, and provided, further that no action ofany kind shall be brought later than six (6) months after the acceptance by the City of Chicago ofthe completion of work. Any suit upon this bond shall be brought only in a circuit court ofthe State of Illinois in the judicial district in which the contract shall have been performed.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms ofany ofthe Contract Documents comprising said contract, or to the work to be performed thereunder, shall in anywise affect the obligations on this bond, and it does by waive notice ofany such change, extension of time, alteration or addition to the terms of said Contract Documents or to the work.
CONTRACTOR
By: President
Chief Procurement Officer
(Seal)
(Seal)
Exhibit 1 1
Bonding Requirements and Forms
STATE OF ILLINOIS,! COUNTY OF COOK, J
I,.
aforesaid, DO HEREBY CER11FY that_
, a Notary Public in and for the County and State
President and
. Secretary of the_
who are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as
President and_
such _
. Secretary, appeared
before me this day in person and acknowledged that they signed, sealed and delivered the said instrument of writing as
their free and voluntary act, and as the free and voluntary act of the said .
for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached.
GIVEN under my hand and Notarial Seal this day of 20_
Notary Public
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GIVEN under my hand and Notanal Seal this day of 20_
Notary Public
{ STATE OF ILLINOIS COUNTY OF COOK
, a Notary Public in and for the County and State
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GIVEN under my hand and Notarial Sea) this day of 20
Exhibit I I
Bonding Requirements and Forms
RIDER TO CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
This Rider supplements Contractor's Performance and Payment Bond ("Bond") on that certain
contract with the City of Chicago ("City") bearing Contract No. and Specification No.
("Contract"). Surety acknowledges that the Contract requires Contractor to obtain from each of its subcontractors consent to a collateral assignment of their contracts with Contractor to the City. The Contract further grants the City the right, upon Contractor's default for failure to comply with Chapter 4-36 of the Municipal Code ofthe City, and at the City's sole option, to take over and complete the work to be performed by Contractor through the City's assumption of some or all of Contractor's subcontracts. If the City, in its sole discretion, exercises this right, then Surety waives any rights it may have to cure Contractor's default by performing the work itself or through others and remains bound by its other obligations under the Bond.
Exhibit 1 1
Bonding Requirements and Forms
EXHIBIT 12: SPECIAL CONDITIpNS REGARDING MBE/WBE COMMITMENT AND SCHEDULES
I. Policy and Terms
As set forth in 2-92-650 el seq. of the Municipal Code of Chicago (MCC) it is the policy of the City of Chicago that businesses certified as Minority Owned Business Enterprises (MBEs) and Women Owned Business Enterprises (WBEs) in accordance with Section 2-92-420 el seq. of the MCC and Regulations Governing Certification of Minority and Women-owned Businesses, and all other Regulations promulgated under the aforementioned sections ofthe Municipal Code, as well as MBEs and WBEs certified by Cook County, Illinois, shall have full and lair opportunities to participate fully in the performance of this contract. Therefore, bidders shall not discriminate against any person or business on the basis of race, color, national origin, or sex, and shall take affirmative actions to ensure that MBEs and WBEs shall have full and fair opportunities to compete for and perform subcontracts for supplies or services.
Failure to carry out the commitments and policies set forth herein shall constitute a material breach of the contract and may result in the termination ofthe contract or such remedy as the City of Chicago deems appropriate.
Under the City's MBE/WBE Construction Program as set forth in MCC 2-92-650 el seq, the program-wide aspirational goals are 26% Minority Owned Business Enterprise participation and 6% Women Owned Business Enterprise participation. The City has set goals of 26% and 6% on all contracts in line with its overall aspirational goals, unless otherwise specified herein, and is requiring that bidders make a good faith effort in meeting or exceeding these goals.
Pursuant to 2-92-535, the prime contractor may be awarded an additional 0.333 percent credit, up to a maximum of a total of 5 percent additional credit, for every 1 percent ofthe value of a contract self-performed by M.B.E.s or W.B.E.s, or combination thereof, that have entered into a mentor agreement with the contractor. This 5% may be applied to the contract specific goals, or it may be in addition to the contract specific goals.
As provided in Section 2-92-720(e), Diversity Credit Program credits awarded by the City's affirmative action advisory board may also be applied to the contract specific goals.
Contract Specific Goals and Bids
A bid may be rejected as non-responsive if it fails to submit one or more ofthe following with its bid demonstrating its good faith efforts to meet the Contract Specific Goals by reaching out to MBEs and WBEs to perform work on the contract:
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
An MBE/WBE compliance plan demonstrating how the bidder plans to meet the Contract Specific Goals (Schedule D); and/or
Documentation of Good Faith Efforts (Schedule 1-1).
If a bidder's compliance plan falls short ofthe Contract Specific Goals, the bidder must include either a Schedule H demonstrating that it has made Good Faith Efforts to find MBE and WBE firms to participate or a request for a reduction or waiver of the goals.
Accordingly, the bidder or contractor commits to make good faith efforts to expend at least the following percentages of the total contract price (inclusive ofany and all modifications and amendments), if awarded the contract:
MBE Contract Specific Goal: 28% WBE Contract Specific Goal: 8%
This Contract Specific Goal provision shall supersede any conflicting language or provisions that may be contained in this document.
For purposes of evaluating the bidder's responsiveness, the MBE and WBE Contract Specific Goals shall be percentages of the bidder's total base bid. However, the MBE and WBE Contract Specific Goals shall apply to the total value of this contract, including all amendments and modifications.
Pursuant to 2-92-535, the prime contractor may be awarded an additional 0.333 percent credit, up to a maximum of a total of 5 percent additional credit, for every 1 percent ofthe value of a contract self-performed by M.B.E.s or W.B.E.s, or combination thereof, that have entered into a mentor agreement with the contractor. This 5% may be applied to the contract specific goals, or it may be in addition to the contract specific goals.
Note: Bidders taking advantage ofthe Bid Incentive For Small Business Enterprise And Veteran-Owned Business Enterprise Joint Ventures pursuant to 2-92-418 should consult the applicable DPS regulations. When a certified MBE or WBE is involved in receiving the preference, in some circumstances it will affect counting MBE and WBE participation. For example, a veteran-owned small local business claiming the preference that is also a certified MBE or WBE may not count its own performance toward MBE or WBE participation goals.
Contract Specific Goals and Contract Modifications
I. The MBE and WBE Contract Specific Goals established at the time of contract bid shall also apply to any modifications to the Contract after award. That is, any additional work and/or money added to the Contract must also adhere to these Special Conditions requiring Contractor to (sub)contract with MBEs and WBEs to meet the Contract Specific Goals.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Contractor must assist the Construction Manager or user Department in preparing its "proposed contract modification" by evaluating the subject matter of the modification and determining whether there are opportunities for MBE or WBE participation and at what rates.
Contractor must produce a statement listing the MBEs/WBEs that will be utilized on any contract modification. The statement must include the percentage of utilization ofthe firms. If no MBE/WBE participation is available, an explanation of good faith efforts to obtain participation must be included.
2. The Chief Procurement Officer shall review each proposed contract modification and amendment that by itself or aggregated with previous modification/amendment' requests, increases the contract value by ten percent (10%) of the initial award, or $50,000, whichever is less, for opportunities to increase the participation of MBEs or WBEs already involved in the Contract.
II. Definitions
"Area of Specialty" means the description of a MBE's or WBE's activity that has been determined by the Chief Procurement Officer to be most reflective ofthe firm's claimed specialty or expertise. Each MBE and WBE letter of certification contains a description of the firm's Area of Specialty. Credit toward the Contract Specific Goals shall be limited to the participation of firms performing within their Area of Specialty. The Department of Procurement Services does not make any representation concerning the ability ofany MBE or WBE to perform work within its Area of Specialty. It is the responsibility of the bidder or contractor to determine the capability and capacity of MBEs and WBEs to perform the work proposed.
"B.E.P.D." means an entity certified as a Business enterprise owned or operated by people with disabilities as defined in MCC 2-92-586.
"Broker" means a person or entity that fills orders by purchasing or receiving supplies from a third party supplier rather than out of its own existing inventory and provides no commercially useful function other than acting as a conduit between his or her supplier and his or her customer.
"Chief Procurement Officer" or "CPO" means the chief procurement officer of the City of Chicago or his or her designee.
"Commercially Useful Function" means responsibility for the execution of a distinct element ofthe work ofthe contract, which is carried out by actually performing, managing, and supervising the work involved, evidencing the responsibilities and risks of a business owner such as negotiating the terms of (sub)contracts, taking on a financial risk commensurate with the contract or its subcontract, responsibility for acquiring the appropriate lines of credit and/or loans, or fulfilling responsibilities as a joint venture partner as described in ihe joint venture agreement.
Exhibit 12
Special Conditions Regarding VIBE/WBE Commitment and Schedule
"Construction Contract" means a contract, purchase order or agreement (other than lease of real property) for the construction, repair, or improvement of any building, bridge, roadway, sidewalk, alley, railroad or other structure or infrastructure, awarded by any officer or agency of the City, other than the City Council, and whose cost is to be paid from City funds.
"Contract Specific Goals" means the subcontracting goals for MBE and WBE participation established for a particular contract.
"Contractor" means any person or business entity that has entered into a construction contract with the City, and includes all partners, affiliates and joint ventures of such person or entity.
"'Direct Participation" the value of payments made to MBE or WBE firms for work that is done in their Area of Specialty directly related to the performance ofthe subject matter of the Construction Contract will count as Direct Participation toward the Contract Specific Goals.
"Directory" means the Directory of Minority Business MBEs and WBEs maintained and published by the Chief Procurement Officer. The Directory identifies firms that have been certified as MBEs and WBEs, and includes the date of their last certifications and the areas of specialty in which they have been certified. Bidders and contractors are responsible for verifying the current certification status of all proposed MBEs and WBEs.
"Executive Director" means the executive director ofthe Office of Compliance or his or her designee.
"Good Faith Efforts" means actions undertaken by a bidder or contractor to achieve a Contract Specific Goal that, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program's requirements.
"Joint venture" means an association of a MBE or WBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which each joint venture, partner contributes property, capital, efforts, skills and knowledge, and in which the MBE or WBE is responsible for a distinct, clearly defined portion ofthe work ofthe contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.
Mentor-Protege Agreement means an agreement between a prime and MBE or WBE subcontractor pursuant to 2-92-535, that is approved by the City ofChicago and complies with all requirements of 2-92-535 and any rules and regulations promulgated by the Chief Procurement Officer.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
"Minority Business Enterprise" or "MBE" means a firm certified as a minority owned and controlled business enterprise in accordance with City Ordinances and Regulations as well as a firm certified as a minority owned and controlled business enterprise by Cook County, Illinois. However, it does not mean a firm that has been found ineligible or which has been decertified by the City or Cook County.
"Supplier" or "Distributor" refers to a company that owns, operates, or maintains a store, warehouse or other establishment in which materials, supplies, articles or equipment are bought, kept in stock and regularly sold or leased to the public in the usual course of business. A regular distributor or supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for performance ofthe Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular distributor the firm must engage in, as its principal business and in its own name, the purchase and sale ofthe products in question. A regular distributor in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns or operates distribution equipment.
"Women Business Enterprise" or "WBE" means a firm certified as a women owned and controlled business enterprise in accordance with City Ordinances and Regulations as well as a firm certified as a women owned business enterprise by Cook County, Illinois. However, it does not mean a firm that has been found ineligible or which has been decertified by the City or Cook County.
III. Joint Ventures
The formation of joint ventures to provide MBEs and WBEs with capacity and experience at the prime contracting level, and thereby meet Contract Specific Goals (in whole or in part) is encouraged. A joint venture may consist ofany combination of MBEs, WBEs, and non-certified firms as long as one member is an MBE or WBE.
A. The joint venture may be eligible for credit towards the Contract Specific Goals only if:
The MBE or WBE joint venture partner's share in the capital contribution, control, management, risks and profits of the joint venture is equal to its ownership interest;
The MBE or WBE joint venture partner is responsible for a distinct, clearly defined portion ofthe requirements ofthe contract for which it is at risk;
Each joint venture partner executes the bid to the City; and
The joint venture partners have entered into a written agreement specifying the terms and conditions ofthe relationship between the partners and their relationship and responsibilities to the contract, and all such terms and conditions arc in
Exhibit 12
Special Conditions Regarding VIBE/WUE Commitment and Schedule
accordance with the conditions set forth in Items 1, 2, and 3 above in this Paragraph A.
The Chief Procurement Officer shall evaluate the proposed joint venture agreement, the Schedule B submitted on behalf of the proposed joint venture, and all related documents to determine whether these requirements have been satisfied. The Chief Procurement Officer shall also consider the record of the joint venture partners on other City of Chicago contracts. The decision ofthe Chief Procurement Officer regarding the eligibility of the joint venture for credit towards meeting the Contract Specific Goals, and the portion of those goals met by the joint venture, shall be final.
The joint venture may receive MBE or WBE credit for work performed by the MBE or WBE joint venture partner(s) equal to the value of work performed by the MBE or WBE with its own forces for a distinct, clearly defined portion ofthe work.
Additionally, if employees of the joint venture entity itself (as opposed to employees ofthe MBE or WBE partner) perform the work then the value of the work may be counted toward the Contract Specific Goals at a rate equal to the MBE or WBE firm's percentage of participation in the joint venture as described in Schedule B.
The Chief Procurement Officer may also count the dollar value of work subcontracted to other MBEs and WBEs. Work performed by the forces of a non-certified joint venture partner shall not be counted toward the Contract Specific Goals.
Schedule B: MBE/WBE Affidavit of Joint Venture
Where the bidder's Compliance Plan includes the participation of any MBE or WBE as a joint venture partner, the bidder must submit with its bid a Schedule B and the proposed joint venture agreement. These documents must both clearly evidence that the MBE or WBE joint venture partner(s) will be responsible for a clearly defined portion ofthe work to be performed, and that the MBE's or WBE's responsibilities and risks are proportionate to its ownership percentage. T he proposed joint venture agreement must include specific details related to:
The parties" contributions of capital, personnel, and equipment and share ofthe costs of insurance and bonding;
Work items to be performed by the MBE's or WBE's own forces and/or work to be performed by employees ofthe newly formed joint venture entity;
Work items to be performed under the supervision ofthe MBE or WBE joint venture partner; and
'fhe MBE's or WBE's commitment of management, supervisory, and operative personnel to the performance ofthe contract.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
NOTE: Vague, general descriptions ofthe responsibilities of the MBE or WBE joint venture partner do not provide any basis for awarding credit. For example, descriptions such as "participate in the budgeting process," "assist with hiring," or "work with managers to improve customer service" do not identify distinct, clearly defined portions ofthe work. Roles assigned should require activities that are performed on a regular, recurring basis rather than as needed. The roles must also be pertinent to the nature ofthe business for which credit is being sought. For instance, if the scope of work required by the City entails the delivery of goods or services to various sites in the City, stating that the MBE or WBE joint venture partner will be responsible for the performance of all routine maintenance and all repairs required to the vehicles used to deliver such goods or services is pertinent to the nature ofthe business for which credit is being sought.
IV. Counting MBE and WBE Participation Towards the Contract Specific Goals
Refer to this section when preparing the MBE/WBE compliance plan and completing Schedule D-l for guidance on what value ofthe participation by MBEs and WBEs will be counted toward the stated Contract Specific Goals. The "Percent Amount of Participation" depends on whether and with whom a MBE or WBE subcontracts out any portion of its work and other factors.
Firms that are certified as both MBE and WBE may only be listed on a bidder's compliance plan as either a MBE or a WBE to demonstrate compliance with the Contract Specific Goals. For example, a firm certified as both a MBE and a WBE may only listed on the bidder's compliance plan under one of the categories, but not both. Additionally, a firm that is certified as both a MBE and a WBE could not self-perform 100% of a contract, it would have to show good faith efforts to meet the Contract Specific Goals by including in its compliance plan work to be performed by another MBE or WBE firm, depending on which certification that dual-certified firm chooses to count itself as.
A. Only expenditures to firms that perform a Commercially Useful Function as defined above may count toward the Contract Specific Goals.
The CPO will determine whether a firm is performing a commercially useful function by evaluating the amount of work subcontracted, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the credit claimed for its performance of the work, industry practices, and other relevant factors.
A MBE or WBE does not perform a commercially useful function if its participation is only required to receive payments in order to obtain the appearance of MBE or WBE participation, fhe CPO may examine similar commercial transactions, particularly those in which MBEs or WBEs do not participate, to determine whether non MBE and non WBE firms perform the same function in the marketplace to make a determination.
(Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Only the value of the dollars paid to the MBE or WBE firm for work that it performs in its Area of Specialty in which it is certified counts toward the Contract Specific Goals.
Only payments made to MBE and WBE firms that meet BOTH the Commercially Useful Function and Area of Specialty requirements above will be counted toward the Contract Specific Goals.
If the MBE or WBE performs the work itself:
1. 100% of the value of work actually performed by the MBE's or WBE's own forces shall be counted toward the Contract Specific Goals, including the cost of supplies purchased or equipment leased by the MBE or WBE from third parties or second tier subcontractors in order to perform its (sub)contract with its own forces. 0% ofthe value of work at the project site that a MBE or WBE subcontracts to a non-certified firm counts toward the Contract Specific Goals
If the MBE or WBE is a manufacturer:
1. 100% of expenditures to a MBE or WBE manufacturer for items needed for the Contract shall be counted toward the Contract Specific Goals. A manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the bidder or contractor.
If the MBE or WBE is a distributor or supplier:
I. 60% of expenditures for materials and supplies purchased from a MBE or WBE that is certified as a regular dealer or supplier shall be counted toward the Contract Specific Goals.
If the MBE or WBE is a broker:
0% of expenditures paid to brokers will be counted toward the Contract Specific Goals.
As defined above, Brokers provide no commercially useful function.
If the MBE or WBE is a member of the joint venture contractor/bidder:
A joint venture may count the portion ofthe total dollar value ofthe contract equal to the distinct, clearly defined portion ofthe work ofthe contract, that the MBE or WBE performs with its own forces toward the Contract Specific Goals.
i. OR if employees of this distinct joint venture entity perform the work then the value ofthe work may be counted toward the Contract Specific Goals, at a rate equal to the MBE or WBE firm's percentage of participation in the joint venture as described in Schedule B.
Note: a joint venture may also count the dollar value of work subcontracted to other MBEs and WBEs, however, work subcontracted out to non-certified firms may not be counted.
H. If the MBE or WBE subcontracts out any of its work:
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
100% of the value ofthe work subcontracted to other MBEs or WBEs performing work in its Area of Specialty may be counted toward the Contract Specific Goals.
0% ofthe value of work that a MBE or WBE subcontracts to a non-certified firm counts toward the Contract Specific Goals (except for the cost of supplies purchased or equipment leased by the MBE or WBE from third parties or second tier subcontractors in order to perform its (sub)contract with its own forces as allowed by C. 1. above).
The fees or commissions charged for providing a bona fide service, such as professional, technical, consulting or managerial services or for providing bonds or insurance or the procurement of essential personnel, facilities, equipment, materials or supplies required for performance ofthe Contract, may be counted toward the Contract Specific Goals, provided that the fee or commission is determined by the Chief Procurement Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services.
The fees charged for delivery of materials and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the Chief Procurement Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services.
The fees or commissions charged for providing any bonds or insurance, but not the cost ofthe premium itself, specifically required for the performance ofthe Contract, provided that the fee or commission is determined by the Chief Procurement Officer to be reasonable and not excessive as compared with fees customarily allowed for similar services".
V. Procedure to Determine Bid Compliance
The following Schedules and requirements govern the bidder's or contractor's MBE/WBE proposal:
Schedule B: MBE/WBE Affidavit of Joint Venture
1. Where the bidder's Compliance Plan includes the participation ofany MBE or WBE as a joint venture partner, the bidder must submit with its bid a Schedule B and the proposed joint venture agreement. See Section III above for detailed requirements.
Schedule C: MBE/WBE Letter of Intent to Perform as a Subcontractor or Supplier
The bidder must submit the appropriate Schedule C with the bid for each MBE and WBE included on the Schedule D. The City encourages subcontractors lo utilize the electronic fillable format Schedule C, which is available at the Department of Procurement Services website, . Suppliers must submit the Schedule C for Suppliers, first tier subcontractors must submit a Schedule C for Subcontractors to the
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Prime Contractor and second or lower tier subcontractors must submit a Schedule C for second tier Subcontractors. Each Schedule C must accurately detail the work to be performed by the MBE or WBE and the agreed upon rates/prices. Each Schedule C must also include a separate sheet as an attachment on which the MBE or WBE fully describes its proposed scope of work, including a description of the commercially useful function being performed by the MBE or WBE in its Area of Specialty. If a facsimile copy of the Schedule C has been submitted with the bid, an executed original Schedule C must be submitted by the bidder for each MBE and WBE included on the Schedule D within five (5) business days after the date ofthe bid opening.
Schedule D: Compliance Plan Regarding MBE and WBE Utilization
The bidder must submit a Schedule D with the bid. The City encourages bidders to utilize the electronic fillable format Schedule D, which is available at the Department of Procurement Services website, . An approved Compliance Plan is required before a contract may commence.
The Compliance Plan must commit to the utilization of each listed MBE and WBE. The bidder is responsible for calculating the dollar equivalent ofthe MBE and WBE Contract Specific Goals as percentages of the total base bid. All Compliance Plan commitments must conform to the Schedule Cs.
A bidder or contractor may not modify its Compliance Plan after bid opening except as directed by the Department of Procurement Services to correct minor errors or omissions. Bidders shall not be permitted to add MBEs or WBEs after bid opening to meet the Contract Specific Goals, however, contractors are encouraged to add additional MBE/WBE vendors to their approved compliance plan during the performance of the contract when additional opportunities for participation are identified. Except in cases where substantial, documented justification is provided, the bidder or contractor shall not reduce the dollar commitment made to any MBE or WBE in order to achieve conformity between the Schedule Cs and Schedule D. All terms and conditions for MBE and WBE participation on the contract must be negotiated and agreed to between the bidder or contractor and the MBE or WBE prior to the submission ofthe Compliance Plan. If a proposed MBE or WBE ceases to be available after submission of the Compliance Plan, the bidder or contractor must comply with the provisions in Section VII.
Letters of Certification
A copy of each proposed MBE"s and WBE's Letter of Certification from the City of Chicago or Cook County. Illinois, must be submitted with the bid.
A Letter of Certification includes a statement ofthe MBE's or WBE's area(s) of specialty. The MBE's or WBE's scope of work as detailed in the Schedule C must conform to its area(s) of specialty. Where a MBE or WBE is proposed to perform
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
work not covered by its Letter of Certification, the MBE or WBE must request the addition of a new area at least 30 calendar days prior to the bid opening.
Letters of Certification for firms that the City or Cook County has found ineligible or has decertified will not be accepted.
Schedule F: Report of Subcontractor Solicitations
A Schedule F must be submitted with the bid, documenting all subcontractors and suppliers solicited for participation on the contract by the bidder. Failure to submit the Schedule F may render the bid non-responsive.
Schedule H: Documentation of Good Faith Efforts
If a bidder determines that it is unable to meet the Contract Specific Goals, it must document its good faith efforts to do so, including the submission of Attachment C, Log of Contacts.
If the bidder's Compliance Plan demonstrates that it has not met the Contract Specific Goals in full or in part, the bidder must submit its Schedule H no later than three business days after notification by the Chief Procurement Officer of its status as the apparent lowest bidder. Failure to submit a complete Schedule H will cause the bid to be rejected as non-responsive.
Documentation must include but is not necessarily limited to:
A detailed statement of efforts to identify and select portions of work identified in the bid solicitation for subcontracting to MBEs and WBEs;
A listing of all MBEs and WBEs contacted for the bid solicitation that includes:
Names, addresses, emails and telephone numbers of firms solicited;
Date and time of contact;
Person contacted;
Method of contact (letter, telephone call, facsimile, electronic mail, etc.).
Evidence of contact, including:
i Project identification and location;
Classification/commodity of work items for which quotations were sought:
Date, item, and locat ion for acceptance of subcontractor bids;
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Detailed statements summarizing direct negotiations with appropriate MBEs and WBEs for specific portions ofthe work and indicating why agreements were not reached.
Bids received from all subcontractors.
d. Documentation of bidder or contractor contacts with at least one of the minority and women assistance associations on Attachment A.
G. Agreements between a bidder or contractor and a MBE or WBE in which the MBE or WBE promises not to provide subcontracting quotations to other bidders or contractors are prohibited.
11. Prior to award, the bidder agrees to promptly cooperate with the Department of Procurement Services in submitting to interviews, allowing entry to places of business, providing further documentation, or soliciting the cooperation of a proposed MBE or WBE. Failure to cooperate may render the bid non-responsive.
I. If the City determines that the Compliance Plan contains minor errors or omissions, the bidder or contractor must submit a revised Compliance Plan within five (5) business days after notification by the City that remedies the minor errors or omissions. Failure to correct all minor errors or omissions may result in the determination that a bid is non-responsive.
.1. No later than three (3) business days after receipt of the executed contract, the contractor must execute a complete subcontract agreement or purchase order with each MBE and WBE listed in the Compliance Plan. No later than eight (8) business days after receipt of the executed contract, the contractor must provide copies of each signed subcontract, purchase order, or other agreement to the Department of Procurement Services.
K. Any applications for City approval of a Mentor Protege agreement must be included with the bid. If the application is not approved, the bidder must show that it has made good faith efforts to meet the contract specific goals.
VI. Demonstration of Good Faith Efforts
In evaluating the Schedule H to determine whether the bidder or contractor has made good faith efforts, the performance of other bidders or contractors in meeting the goals may be considered.
The Chief Procurement Officer shall consider, at a minimum, the bidder's efforts to:
1. Solicit through reasonable and available means at least 50% (or at least live when there are more than eleven certified firms in the commodity area) of MBEs and WBEs certified in the anticipated scopes of subcontracting ofthe contract, as
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
documented by the Schedule H. The bidder or contractor must solicit MBEs and WBEs within seven (7) days prior to the date bids are due. The bidder or contractor must take appropriate steps to follow up initial solicitations with interested MBEs or WBEs.
Advertise the contract opportunities in media and other venues oriented toward MBEs and WBEs.
Provide interested MBEs or WBEs with adequate information about the plans, specifications, and requirements ofthe contract, including addenda, in a timely manner to assist them in responding to the solicitation.
Negotiate in good faith with interested MBEs or WBEs that have submitted bids. That there may be some additional costs involved in soliciting and using MBEs and WBEs is not a sufficient reason for a bidder's failure to meet the Contract Specific Goals, as long as such costs are reasonable.
Not reject MBEs or WBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The MBE's or WBE's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations arc not legitimate causes for rejecting or not soliciting bids to meet the Contract Specific Goals.
Make a portion of the work available to MBE or WBE subcontractors and suppliers and selecting those portions ofthe work or material consistent with the available MBE or WBE subcontractors and suppliers, so as to facilitate meeting the Contract Specific Goals.
Make good faith efforts, despite the ability or desire of a bidder or contractor to perform the work of a contract with its own organization. A bidder or contractor who desires to self-perform the work of a contract must demonstrate good faith efforts unless the Contract Specific Goals have been met.
Select portions ofthe work to be performed by MBEs or WBEs in order to increase the likelihood that the goals will be met. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE or WBE participation, even when the bidder or contractor might otherwise prefer to perform these work items with its own forces.
Make efforts to assist interested MBEs or WBEs in obtaining bonding, lines of credit, or insurance as required by the City or bidder or contractor.
Make efforts to assist interested MBEs or WBEs in obtaining necessary equipment, supplies, materials, or related assistance or services; and
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
11. Effectively use the services of the City; minority or women community organizations; minority or women assistance groups; local, state, and federal minority or women business assistance offices; and other organizations to provide assistance in the recruitment and placement of MBEs or WBEs.
C. If the bidder disagrees with the City's determination that it did not make good faith efforts, the bidder may file a protest pursuant to the Department of Procurement Services Solicitation and Contracting Process Protest Procedures within 10 business days of a final adverse decision by the Chief Procurement Officer.
VII. Changes to Compliance Plan
No changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE or WBE subcontractors may be made without the prior written approval ofthe Chief Procurement Officer. Unauthorized changes or substitutions, including performing the work designated for a subcontractor with the contractor's own forces, shall be a violation of these Special Conditions and a breach of the contract with the City, and may cause termination ofthe executed Contract for breach, and/or subject the bidder or contractor to contract remedies or other sanctions. The facts supporting the request for changes must not have been known nor reasonably could have been known by the parties prior to entering into the subcontract. Bid shopping is prohibited. The bidder or contractor must negotiate with the subcontractor to resolve the problem. If requested by either party, the Department of Procurement Services shall facilitate such a meeting. Where there has been a mistake or disagreement about the scope of work, the MBE or WBE can be substituted only where an agreement cannot be reached for a reasonable price for the correct scope of work.
Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis:
. Unavailability after receipt of reasonable notice to proceed;
Failure of performance;
Financial incapacity;
Refusal by the subcontractor to honor the bid or proposal price or scope;
Mistake of fact or law about the elements ofthe scope of work of a solicitation where a reasonable price cannot be agreed;
Failure of the subcontractor to meet insurance, licensing or bonding requirements;
The subcontractor's withdrawal of its bid or proposal; or
De-certification ofthe subcontractor as a MBE or WBE. (Graduation from the MBE/WBE program does not constitute de-certification.
Termination of a Mentor Protege Agreement.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
If it becomes necessary to substitute a MBE or WBE or otherwise change the Compliance Plan, the procedure will be as follows:
The bidder or contractor must notify the Chief Procurement Officer in writing ofthe request to substitute a MBE or WBE or otherwise change the Compliance Plan. The request must state specific reasons for the substitution or change. A letter from the MBE or WBE to be substituted or affected by the change stating that it cannot perform on the contract or that it agrees with the change in its scope of work must be submitted with the request.
The City will approve or deny a request for substitution or other change within 15 business days of receipt ofthe request.
Where the bidder or contractor has established the basis for the substitution to the satisfaction of the Chief Procurement Officer, it must make good faith efforts to meet the Contract Specific Goal' by substituting a MBE or WBE subcontractor. Documentation of a replacement MBE or WBE, or of good faith efforts, must meet the requirements in sections V and VI. If the MBE or WBE Contract Specific Goal cannot be reached and good faith efforts have been made, as determined by the Chief Procurement Officer, the bidder or contractor may substitute with a non-MBE or non-WBE.
If a bidder or contractor plans to hire a subcontractor for any scope of work that was not previously disclosed in the Compliance Plan, the bidder or contractor must obtain the approval of the Chief Procurement Officer to modify the Compliance Plan and must make good faith efforts to ensure that MBEs or WBEs have a fair opportunity to bid on the new scope of work.
A new subcontract must be executed and submitted to the Chief Procurement Officer within five business days of the bidder's or contractor's receipt of City approval for the substitution or other change.
The City shall not be required to approve extra payment for escalated costs incurred by the contractor when a substitution of subcontractors becomes necessary to comply with MBE/WBE contract requirements.
VIII. Reporting and Record Keeping
A. During the term ofthe contract, the contractor and its non-certified subcontractors must submit partial and final waivers of lien from MBE and WBE subcontractors that show the accurate cumulative dollar amount of subcontractor payments made to date. Upon acceptance ofthe Final Quantities from the City of Chicago, FINAL certified waivers of lien from the MBE and WBE subcontractors must be attached
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
to the contractor's acceptance letter and forwarded to the Department of Procurement Services, Attention: Chief Procurement Officer.
The contractor will be responsible for reporting payments to all subcontractors on a monthly basis in the form of an electronic audit. Upon the first payment issued by the City of Chicago to the contractor for services performed, on the first day of each month and every month thereafter, email and/or fax audit notifications will be sent out to the contractor with instructions to report payments that have been made in the prior month to each MBE and WBE. The reporting of payments to all subcontractors must be entered into the Certification and Compliance Monitoring System (C2), or whatever reporting system is currently in place, on or before the fifteenth (15th) day of each month.
Once the prime contractor has reported payments made to each MBE and WBE,
including zero dollar amount payments, the MBE and WBE will receive an email
and/or fax notification requesting them to log into the system and confirm
payments received. All monthly confirmations must be reported on or before the 20th day of each month. Contractor and subcontractor reporting to the C2 system must be completed by the 25th of each month or payments may be withheld.
All subcontract agreements between the contractor and MBE/WBE firms or any first tier non-certified firm and lower tier MBE/WBE firms must contain language requiring the MBE/WBE to respond to email and/or fax notifications from the City of Chicago requiring them to report payments received for the prime or the non-certified firm.
Access to the Certification and Compliance Monitoring System (C2), which is a web based reporting system, can be found at:
The Chief Procurement Officer or any party designated by the, Chief Procurement Officer shall have access to the contractor's books and records, including without limitation payroll records, tax returns and records and books of account, to determine the contractor's compliance with its commitment to MBE and WBE participation and the status ofany MBE or WBE performing any portion ofthe contract. This provision shall be in addition to, and not a substitute for, any other provision allowing inspection ofthe contractor's records by any officer or official ofthe City for any purpose.
The contractor shall maintain records of all relevant data with respect to the utilization of MBEs and WBEs. retaining these records for a period of at least five years after final acceptance ofthe work. Full access to these records shall be granted to City, federal or state authorities or other authorized persons.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
IX. Non-Compliance
Without limitation, the following shall constitute a material breach of this contract and entitle the City to declare a default, terminate the contract, and exercise those remedies provided for in the contract at law or in equity: (1) failure to demonstrate good faith efforts; and (2) disqualification as a MBE or WBE ofthe contractor or any joint venture partner, subcontractor or supplier if its status as an MBE or WBE was a factor in the award ofthe contract and such status was misrepresented by the contractor.
Payments due to the contractor may be withheld until corrective action is taken.
Pursuant to 2-92-740, remedies or sanctions may include disqualification from contracting or subcontracting on additional City contracts for up to three years, and the amount of the discrepancy between the amount of the commitment in the Compliance Plan, as such amount may be amended through change orders or otherwise over the term ofthe contract, and the amount paid to MBEs or WBEs. The consequences provided herein shall be in addition to any other criminal or civil liability to which such entities may be subject.
The contractor shall have the right to protest the final determination of noncompliance and the imposition of any penalty by the Chief Procurement Officer pursuant to 2-92-740 of the Municipal Code ofthe City of Chicago, within 15 business days ofthe final determination.
X. Arbitration
If the City determines that a contractor has not made good faith efforts to fulfill its Compliance Plan, the affected MBE or WBE may recover damages from the contractor.
Disputes between the contractor and the MBE or WBE shall be resolved by binding arbitration before the American Arbitration Association (AAA), with reasonable expenses, including attorney's fees and arbitrator's fees, being recoverable by a prevailing MBE or WBE. Participation in such arbitration is a material provision of the Construction Contract to which these Special Conditions are an Exhibit. This provision is intended for the benefit ofany MBE or WBE affected by the contractor's failure to fulfill its Compliance Plan and grants such entity specific third party beneficiary rights. These rights are non-waivable and take precedence over any agreement to the contrary, including but not limited to those contained in a subcontract, suborder, or communicated orally between a contractor and a MBE or WBE. Failure by the Contractor to participate in any such arbitration is a material breach ofthe Construction Contract.
A MBE or WBE seeking arbitration shall serve written notice upon the contractor and file a demand for arbitration with the AAA in Chicago. IL. The dispute shall be arbitrated in
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
accordance with the Commercial Arbitration Rules ofthe AAA. All arbitration fees are to be paid pro rata by the parties.
The MBE or WBE must copy the City on the Demand for Arbitration within 10 business days after filing with the AAA. The MBE or WBE must copy the City on the arbitrator's decision within 10 business days of receipt of the decision. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction.
XI. Equal Employment Opportunity
Compliance with MBE and WBE requirements will not diminish or supplant equal employment opportunity and civil rights provisions as required by law related to bidder or contractor and subcontractor obligations.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
DEPARTMENT OF
PROCUREMENT
SERVICES
Attachment A -Assist Agency List (Rev. Sept 2016)
Assist Agencies are comprised of not-for-profit agencies and/or chamber of commerce agencies that represent the interest of small, minority and/or women owned businesses.
*Prime Contractors should contact with subcontracting opportunities to connect certified firms.
51st Street Business Association * 220 E. 51st Street Chicago, IL 60615 Phone: 773-285-3401 Fax 773-285-3407 Email: the51ststreetbusinessassociation(5)vahoo.com ¦ Web www.51stStreetChicaqo.com Maintains list of certified firms: Yes Provides training for businesses Yes Association of Asian Construction Enterprises * 5677 W. Howard Niles, IL 60714 Phone: 847-673-7377 Fax: 847-673-2358 Email nakmancorp(a>aol com Maintains list of certified firms: Yes Provides training for businesses: Yes
Austin African American Business Networking Assoc. 5820 W. Chicago Ave., Chicago, IL 60651 Phone 773-626-4497 Email aaabna(S!vahoo.com Web' www aaabna.orq Maintains list of certified firms: No Provides training for businesses. Yes if Black Contractors United 12000 S. Marshfield Ave. Calumet Park, IL 60827 Phone: 708-389-5730 Fax 708-389-5735 Email: valerie@blackcontractorsunited.com Web www blackcontractorsunited com Maintains list of certified firms. Yes Provides training for businesses: Yes
if LGBT Chamber of Commerce of Illinois 3179 N Clark St, 2nd Floor Chicago, IL 60657 Phone 773-303-0167 Fax 773-303-0168 Email: qrodnquezfillqbtcc.com Web www lqbtcc.com Maintains list of certified firms: Yes Provides training for businesses' Yes * Chatham Business Association Small Business Dev. 800 E 78,h Street Chicago, IL 60619 Phone: 773-994-5006 Fax: 773-855-8905 Email melindakellv(5)cbaworks orq Web: www.cbaworks.orq Maintains list of certified firms: Yes Provides training for businesses. Yes
Chicago Minority Supplier Development Council Inc. 105 W Adams, Suite 2300 Chicago, IL 60603-6233 Phone: 312-755-2550 Fax:312-755-8890 Email: obarreda(5)chicaqomsdc.orq Web www.chicaqomsdc orq Maintains list of certified firms. Yes Provides training for businesses: Yes if Chicago Urban League 4510 S. Michigan Ave Chicago, IL 60653 Phone 773-624-8810 Fax- 773-451-3579 Email. sbnnston(3)thechicaqourbanleaque orq Web www cul-chicaqo orq Maintains list of certified firms Yes Provides training for businesses: Yes
Chicago Women in Trades (CWIT) 2444 W. 16th' Street Chicago, IL 60608 Phone: 773-942-1444 Fax. 312-942-1599 Email ivellinqa(5)cwit2 orq Web www chicaqowomenmtrades2.orq Maintains list of certified firms No Provides training for businesses. Yes Contractor Advisors Business Development Corp. * 1507 E. 53rd Street, Suite 906 Chicago, IL. 60615 Phone: 312-436-0301 Email. info(5)contractoradvisors us Web www contractoradvisors us Maintains list of certified firms Yes Provides training for businesses. Yes
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
1c Do For Self Community Development Co. 7447 S South Shore Drive, Unit 22B Chicago, IL 60649 Phone: 773-356-7661 Email: dennisdoforself(5)hotmail com Web' www.doforself orq Maintains list of certified firms. No Provides training for businesses: Yes Far South Community Development Corporation 9923 S. Halsted Street, Suite D Chicago, IL 60628 Phone 773-941-4833 Fax: 773-941-5252 Email' lacv@farsouth orq Web: www.farsouthcdc.orq Maintains list of certified firms: No Provides training for businesses: Yes
* Federation of Women Contractors 216 W Jackson Blvd. #625 Chicago, IL 60606 Phone: 312-360-1122 Fax' 312-750-1203 Email: fwcchicago@aol.com Web: www.fwcchicaqo com Maintains list of certified firms Yes Provides training for businesses: Yes Greater Englewood Community Development Corp. * 815 W. 63rd Street Chicago, IL 60621 Phone: 773-651-2400 Fax: 773-651-2400 Email iharbin@qreaterenqlewoodcdc orq Web: www qreaterenqlewoodcdc.orq Maintains list of certified firms: Yes Provides training for businesses. Yes
Greater Pilsen Economic Development Assoc. 1801 S Ashland Chicago, IL 60608 Phone 312-698-8898 Emait greaterpilsen@gmail.com Web: www qreaterpilsen orq Maintains list of certified firms' Yes Provides training for businesses' Yes * Greater Far South Halsted Chamber of Commerce 10615 S Halsted Street Chicago, IL 60628 Phone: 518-556-1641 Fax: 773-941-4019 Email: halstedchamberevents(5)qmail.corn Web: www qreaterfarsouthhalstedchamber orq Maintains list of certified firms' Yes Provides training for businesses: Yes
Hispanic American Construction Industry Association (HACIA) * 650 W. Lake St, Unit 415 Chicago, IL 60661 Phone 312-575-0389 Fax: 312-575-0544 Email: jperez@haciaworks.org Web: www.haciaworks orq Maintains list of certified firms: Yes Provides training for businesses' Yes if Illinois Hispanic Chamber of Commerce 222 Merchandise Mart Plaza, Suite 1212 c/o 1871 Chicago, IL 60654 Phone. 312-425-9500 Email: aalcantar@ihccbusmess.net Web www ihccbusmess net Maintains list of certified firms Yes Provides training for businesses: Yes
ic Illinois State Black Chamber of Commerce 411 Hamilton Blvd , Suite 1404 Peoria, Illinois 61602 Phone: 309-740-4430 / 773-294-8038 Fax: 309-672-1379 Email. Larrvlvorv(5)lllinoisBlackChamber orq / vqilb66709@vahoo.com www illinoisblackchamberofcommerce.orq Maintains list of certified firms' Yes Provides training for businesses: Yes if Latin American Chamber of Commerce 3512 W Fullerton Avenue Chicago, IL 60647 Phone:773-252-5211 Fax' 773-252-7065 Emaitd lorenzopadron@LACCUSA.com Web wwwLACCUSA.com Maintains list of certified firms' Yes Provides training for businesses Yes
National Association of Women Business Owners 500 Davis Street, Ste 812 Evanston, IL 60201 Phone 773-410-2484 Fax 847-328-2018 Email wjaehn@nawbochicago org Web: www nawbochicaqo orq National Organization of Minority Engineers (NOME) * 33 W. Monroe, Suite 1540 Chicago. IL 60603 Phone 312-960-1239 Email grandevents1@sbcglobal net Web. www nomeonhne.orq
Maintains list of certified firms: Yes Provides training for businesses Yes Maintains list of certified firms: Yes Provides training for businesses Yes
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and
Rainbow/PUSH Coalition * 930 E 50th Street Chicago, IL 60615 Phone: 773-256-2768 Fax: 773-373-4103 Email: jmitchell@rainbowpush.org Web: www rainbowpush.orq Maintains list of certified firms: Yes Provides training for businesses: No South Shore Chamber, Inc. 1750 E. 7151 Street, Suite 208 Chicago, IL 60649-2000 Phone: 773-955- 9508 Email: twertz@southshorechamberinc.orq Web: www.southshorechamberinc orq Maintains list of certified firms. Yes Provides training for businesses: Yes
The Monroe Foundation 1547 South Wolf Road Hillside, Illinois 60162 Phone- 773-315-9720 Email: omonroe@themonroefoundation"orq Web. www.themonroefoundation.orq Maintains list of certified firms: No Provides training for businesses Yes ic US Minority Contractors Association, Inc. 1250 Grove Ave. Suite 200 Barrington, IL 60010 Phone: 847-708-1597 Fax. 847-382-1787 Email- admin@usminontvcontractors.orq Web- USMinontyContractors org Maintains list of certified firms Yes Provides training for businesses: Yes
Women's Business Development Center * 8S Michigan Ave., 4th Floor Chicago, IL 60603 Phone: 312-853-3477 Fax: 312-853-0145 Email' fcurrv@wbdc orq Web. www wbdc orq Maintains list of certified firms: Yes Provides training for businesses- Yes ic Women Construction Owners & Executives (WCOE) Chicago Caucus 308 Circle Avenue Forest Park, IL 60130 Phone. 708-366-1250 Email, mkm@mkmservices.com Web. www.wcoeusa.orq Maintains list of certified firms Yes Provides training for businesses No
Your Community Consultants Foundation 9301 S. Parnell Ave , Chicago, IL 60620 Phone: 773-224-9299 Fax 773-371-0032 Email: allen81354@aol.com Maintains list of certified firms. No Provides training for businesses: Yes
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
SCHEDULE B: MBE/WBE Affidavit of Joint Venture
/) All information requested on this schedule must be answered in the spaces provided. Do not refer lo your joint venture agreement except to expand on answers provided on this form. If additional space is required, attach additional sheets. In all proposed joint ventures, each MBE and/or WBE venturer must submit a copy of its current Letter of Certification.
t
Name of joint venture:
Address:
Telephone number of joint venture:
Email address.:
Name of non-MBE/WBE venturer:
Address:
Telephone number:
Email addressj
Contact person for matters concerning MBE7WBE compliance:
Name of MBE/WBE venturer:
Address:
Telephone number:
Email addressj
Contact person for matters concerning MBE/WBE compliance:
Describe the role(s) of the MBE and/or WBE venturer(s) in the joint venture:
Attach a copy of the joint venture agreement.
In order to demonstrate the MBE and/or WBE joint venture partners share in the capital contribution, control, management, risks and profits of the joint venture is equal to its ownership interest, the proposed joint venture agreement must include specific details related to: (1) the contributions of capital, personnel and equipment and share of the costs of bonding and insurance; (2) work items to be performed by the MBE/WBE's own forces; (3) work items to be performed under the supervision of the MBE/WBE venturer; and (4) the commitment of management, supervisory and operative personnel employed by the MBE/WBE to be dedicated to the performance of the project.
Ownership of the Joint Venture.
What is the perccntage(s) of MBE/WBE ownership of the joint venture?
MBE/WBE ownership pcrccntage(s)
Non-MBE/WBE ownership percentage(s)
Specify MBE/WBE percentages for each of the following (provide narrative descriptions and other details as applicable):
I. Profit and loss sharinu:
Capital contributions:
Dollar amounts of initial contribution:
Dollar amounts of anticipated on-going contributions:
Revised 07/27/04 Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Contributions of equipment (Specify types, quality and quantities of equipment to be provided by each venturer):
4. Other applicable ownership interests, including ownership options or other agreements which
restrict or limit ownership and/or control:
Costs of bonding (if required for the performance of the contract):
Costs of insurance (if required for the performance of the contract):
Provide copies of ajl written agreements between venturers concerning this project.
Identify each current City of Chicago contract and each contract completed during the past two years by a joint venture of two or more firms participating in this joint venture:
VII. Control of and Participation in the Joint Venture.
Identify by name and firm those individuals who are. or will be, responsible for, and have the authority to engage in the following management functions and policy decisions. Indicate any limitations to their authority such as dollar limits and co-signatory requirements:
A. Joint venture check signing:
B. Authority to enter contracts on behalf of the joint venture:
C. Signing, co-signing and/or collateralizing loans:
D. Acquisition of lines of credit:
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
Acquisition and indemnification of payment and performance bonds:
F. Negotiating and signing labor agreements:
G: Management of contract performance. (Identify by name and firm only):
Supervision of field operations:
Major purchases:
Estimating:
Engineering:
VIII. Financial Controls of joint venture:
A. Which firm and/or individual will be responsible for keeping the books of account?
B. Identify the "managing partner," if any, and describe the means and measure of his/her compensation:
C. What authority does each venturer have to commit or obligate the other to insurance and bonding companies, financing institutions, suppliers, subcontractors, and/or other parties participating in the performance of this contract or the work of this project?
IX. State the approximate number of operative personnel by trade needed to perform the joint venture's work under this contract. Indicate whether they will be employees of the non-MBE/WBE firm, the MBE/WBE firm, or the joint venture.
Trade Non-MBE/WBE Firm (Number) MBE/WBE (Number) Joint Venture (Number)
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
If any personnel proposed for this project will be employees of the joint venture:
Are any proposed joint venture employees currently employed by either venturer?
Currently employed by non-MBE/WBE venturer (number) .Employed by MBE/WBE venturer
Identify by name and firm the individual who will be responsible for hiring joint venture employees:
Which venturer will be responsible for the preparation of joint venture payrolls:
Please state any material facts of additional information pertinent to the control and structure of this joint venture.
The undersigned affirms that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operations of our joint venture and the intended participation of each venturer in the undertaking. Further, the undersigned covenant and agree to provide to the City current, complete and accurate information regarding actual joint venture work and the payment llierelbre, and any proposed changes in any provision of the joint venture agreement, and to permit the audit and examination ofthe books, records and files of the joint venture, or those of each venturer relevant lo the joint venture by authorized representatives ofthe City or the Federal funding agency.
Any material misrepresentation will be grounds for terminating any contract that may be awarded and for initiating action under federal or state laws concerning false statements.
Note: If after filing this Schedule B and before the completion on the joint venture's work on the project, there is any change in the information submitted, the joint venture must inform the City of Chicago, either directly or through the prime contractor if the joint venture is a subcontractor.
'Name of MBE/WBE Partner Firm Name of Non-MBE/WBE Partner Firm
Signature of Affiant Signature of Affiant
Name and Title of Affiant Name and Title of Affiant
Date Dale
20 , the above-signed officers
(names of affiants)
personally appeared and, known lo me be the persons described in the foregoing Affidavit, acknowledged that they executed the same in the capacity therein stated and for the purpose therein contained.
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
Signature of Notary Public
My Commission Expires:
Exhibit 12
Special Conditions Regarding MBE./WBE Commitment and Schedule
DI'S Version 07/2016 - Pace 1 of 2
FOR CONSTRUCTION PROJECTS ONLY
SCHEDULEC
MBE/WBE Letter of Intent to Perform as a Subcontractor to the Prime Contractor
NOTICE: THIS SCHEDULE MUST BE AUTHORIZED AND SIGNED BY THE MBE/WBE SUBCONTRACTOR FIRM. FAILURE TO COMPLY MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE.
Project Name: Specification No.:
From:
(Name of MBE/WBE Firm)
To: and the City of Chicago.
(Name of Prime Contractor)
The MBE or WBE status of the undersigned is confirmed by the attached City of Chicago or Cook County Certification Letter. 100% MBE or WBE participation is credited for the use of a MBE or WBE "manufacturer." 60% participation is credited for the use of a MBE or WBE "regular dealer."
The undersigned is prepared to perform the following services in connection with the above named project/contract. If more space is required to fully describe the MBE or WBE proposed scope of work and/or payment schedule, attach additional sheets as necessary. The description must establish that the undersigned is performing a commercially useful function:
The above described performance is offered for the following price and described terms of payment:
Pay Item No./Description Quantity/Unit Price Total
Subtotal: $. Total @ 100%- $.
Total @ 60% (if the undersigned is performing work as a regular dealer): $
NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES ON EACH PAGE.
(If not the undersigned, signature of person who filled out this Schedule C) (Date)
(Name/Title-Please Print) (Company Name-Please Print)
(Signature of President/Owner/CEO or Authorized Agent of MBEAA/BE) (Date)
(Name/Title-Please Print)
DI'S Version 07/20Id - lJaye 2 cil'2
Schedule C: MBE/WBE Letter of Intent to Perform as a Subcontractor to the Prime Contractor
Partial Pay Items
For any of the above items that are partial pay items, specifically describe the work and subcontract dollar amount(s):
Pay Item No./Description Quantity/Unit Price Total
Subtotal: $.
Total @ 100%: $
Total @ 60% (if the undersigned is performing work as a regular dealer): $
SUB-SUBCONTRACTING LEVELS
A zero (0) must be shown in each blank if the MBE or WBE will not be subcontracting any of the work listed or attached to this schedule.
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to non MBEAA/BE contractors.
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to MBE or WBE contractors.
NOTICE: If any of the MBE or WBE scope of work will be subcontracted, list the name of the vendor and attach a brief explanation, description and pay item number of the work that will be subcontracted. MBE/WBE credit will not be given for work subcontracted to Non-MBE/WBE contractors, except for as allowed in the Special Conditions Regarding Minority' Business Enterprise Commitment and Women Business Enterprise Commitment in Construction Contracts.
The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor, conditioned upon your execution of a contract with the City of Chicago, within three (3) business days of your receipt of a signed contract from the City of Chicago.
The undersigned has entered into a formal written mentor protege agreement as a subcontractor/protege with you as a Prime Contractor/mentor. ( ) Yes ( ) No
NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES ON EACH PAGE.
(If not the undersigned, signature of person who filled out this Schedule C) (Date)
(Name/Title-Please Print) (Company Name-Please Print)
(Email & Phone Number)
(Signature of President/Owner/CEO or Authorized Agent of MBEAA/BE) (Date)
(Name/Title-Please Print)
(Email & Phone Number)
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
DPS Version 07/2016 - Paac I of 2
FOR CONSTRUCTION PROJECTS ONLY
SCHEDULE C
MBE/WBE Letter of Intent to Perform as a 2nd Tier Subcontractor to the Prime Contractor
NOTICE: THIS SCHEDULE MUST BE AUTHORIZED AND SIGNED BY THE MBE/WBE SUBCONTRACTOR FIRM. FAILURE TO COMPLY MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE.
Specification No.
Project Name:
(Name of MBE/WBE Firm)
From:
(Name of 1st Tier Contractor)
To:
To:
_and the City of Chicago.
(Name of Prime Contractor)
The MBE or WBE status of the undersigned is confirmed by the attached City of Chicago or Cook County Certification Letter. 100% MBE or WBE participation is credited for the use of a MBE or WBE "manufacturer." 60% participation is credited for the use of a MBE or WBE "regular dealer."
The undersigned is prepared to perform the following services in connection with the above named project/contract. If more space is required to fully describe the MBE or WBE proposed scope of work and/or payment schedule, attach additional sheets as necessary. The description must establish that the undersigned is performing a commercially useful function:
The above described performance is offered for the following price and described terms of payment:
Pay Item No./Description Quantity/Unit Price Total
Subtotal. $. Total @ 100%: $.
Total @ 60% (if the undersigned is performing work as a regular dealer): $
NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES ON EACH PAGE.
(If not the undersigned, signature of person who filled out this Schedule C) (Date)
(Name/Title-Please Print) (Company Name-Please Print)
(Signature of President/Owner/CEO or Authorized Agent of MBEAA/BE) (Date)
(Name/Title-Please Print)
DPS Version (17/2016 - Page 2 of 2
Schedule C: MBE/WBE Letter of Intent to Perform as a 2nd Tier Subcontractor to the Prime Contractor
Partial Pay Items
For any of the above items that are partial pay items, specifically describe the work and subcontract dollar amount(s):
Pay Item No./Description Quantity/Unit Price Total
Subtotal: $.
Total @ 100%: $
Total @ 60% (if the undersigned is performing work as a regular dealer): $
SUB-SUBCONTRACTING LEVELS
A zero (0) must be shown in each blank if the MBE or WBE will not be subcontracting any of the work listed or attached to this schedule.
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to non MBEAA/BE contractors.
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to MBE or WBE contractors.
NOTICE: If any of the MBE or WBE scope of work will be subcontracted, list the name of the vendor and attach a brief explanation, description and pay item number of the work that will be subcontracted. MBE/WBE credit will not be given for work subcontracted to Non-MBE/WBE contractors, except for as allowed in the Special Conditions Regarding Minority Business Enterprise Commitment and Women Business Enterprise Commitment in Construction Contracts.
The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor, conditioned upon your execution of a contract with the City of Chicago, within three (3) business days of your receipt of a signed contract from the City of Chicago.
The undersigned has entered into a formal written mentor protege agreement as a subcontractor/protege with you as a Prime Contractor/mentor: ( ) Yes ( ) No
NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES ON EACH PAGE.
(If not the undersigned, signature of person who filled out this Schedule C) (Date)
(Name/Title-Please Print) (Company Name-Please Print)
(Email & Phone Number)
(Signature of President/Owner/CEO or Authorized Agent of MBEAA/BE) (Date)
(Name/Title-Please Print)
(Email & Phone Number)
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
DPS Version (W/01/2014
SCHEDULE C (Construction)
MBE/WBE Letter of Intent to Perform as a SUPPLIER
Project Name Specification Number:
From:
(Name of MBE or WBE Firm)
To: - ' and the City of Chicago:
(Name of Prime Contractor)
The MBE or WBE status ofthe undersigned is confirmed by the attached City of Chicago or Cook County Certification Letter. 100% MBE or WBE participation is credited for the use of a MBE or WBE "manufacturer". 60% participation is credited for the use of a MBE or WBE "regular dealer".
The undersigned is prepared to supply the following goods in connection with the above named project/contract. On a separate sheet, fully describe the MBE or WBE proposed scope of work and/or payment schedule, including a description of the commercially useful function being performed. Attach additional sheets as necessary:
Pay Item No. / Description Quantity / Unit Price Total
Line 1. Sub Total: Line 2. Total® 100% Line 3. Total @ 60%-
Partial Pay Items
For any ofthe above items that are partial pay items, specifically describe the work and subcontract dollar amount(s)'
Pay Item No. / Description Quantity / Unit Price Total
Line 1: Sub Total Line 2: Total @ 100%. Line 3: Total @ 60%'
SUB-SUBCONTRACTING LEVELS - A zero (0) must be shown in each blank if the MBE or WBE will not be subcontracting any of the work listed or attached to this schedule.
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to non-MBEAA/BE contractors
% of the dollar value of the MBE or WBE subcontract that will be subcontracted to MBE or WBE contractors.
NOTICE: If any of the MBE or WBE scope of work will be subcontracted, list the name of the vendor and attach a brief explanation, description and pay item number of the work that will be subcontracted. MBE/WBE credit will not be given for work subcontracted to non-MBE/WBE contractors, except for as allowed in the Special Conditions Regarding Minority Business Enterprise Commitment and Women Business Enterprise Commitment in Construction Contracts.
The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor, conditioned upon your execution of a contract with the City of Chicago, within three (3) business days of your receipt of a signed contract from the City of Chicago
The undersigned has entered into a formal written mentor protege agreement as a subcontractor/protege with you as a Prime Contractor/mentor ( ) Yes ( ) No
NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES.
Signature of Owner President or Authorized Agent of MBE or WBE ' Date
Name /Title (Print)
Phone Number Email Address
DPS Version 09/01/2014
SCI IEDULE D: Compliance Plan Regarding MBE And WBE Utilization
SCHEDULE D
Compliance Plan Regarding MBE & WBE Utilization Affidavit of Prime Contractor
FOR CONSTRUCTION PROJECTS ONLY
MUST BE SUBMITTED WITH THE BID. FAILURE TO SUBMIT THE SCHEDULE D WILL CAUSE THE
BID TO BE REJECTED. DUPLICATE AS NEEDED.
Project Name:.
Specification No.:
In connection with the above captioned contract, I HEREBY DECLARE AND AFFIRM that I am the
and a duly authorized representative of
(Title of Affiant)
(Name of Prime Contractor)
and that I have personally reviewed the material and facts set forth in the attached Schedule Cs regarding Minority Business Enterprise and Women Business Enterprise (MBEAA/BE) to perform as subcontractor, Joint Venture Agreement, and Schedule B (if applicable). All MBEs and WBEs must be certified with the City of Chicago or Cook County in the area(s) of specialty listed
Name of Type of Work to be Performed in accordance with Schedule Cs Total MBE Participation in dollars MBE Participation Mentor Proteqe Proqram TotaLMBEiph Participation
MBE In percentaqe Credit Claimed in percentaqe
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
DPS Version 09/01/2014
SCHEDULE D: Compliance Plan Regarding MBE And WBE Utilization
Name of WBE Type of Work to be :' . Performed in ace'^fdance^' 'with Schedule Cs Total WBE Participation: WBE Participation n in percentaqe Mentor Proteqe Proqram • Credit Claimed Total WBE Participation percentaqe
in dollars
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
$ % % %
¦ $ % % %
$ % % %
$ % % %
? Check here if the following is applicable: The Prime Contractor intends to enter into mentor protege agreements with certain MBEsAA/BEs listed above as indicated by entries in the "Mentor Protege Program Credit Claimed" column. Copies of each proposed mentoring program, executed by authorized representatives of the Prime Contractor and respective subcontractor, are attached to this Schedule D. The Prime Contractor may claim an additional 0.333 percent participation credit (up to a maximum of five (5) percent) for every one (1) percent of the value of the contract performed by the MBE/WBE protege firm.
Total MBE Participation $
Total MBE Participation % (including any Mentor Protege Program credit)
Total WBE Participation $ :_
Total WBE Participation % (including any Mentor Protege Program credit)
Total Bid $
To the best of my knowledge, information and belief the facts and representations contained in the aforementioned attached Schedules are true, and no material facts have been omitted.
The Prime Contractor designates the following person as its MBEAA/BE Liaison Officer:
(Name-Please Print or Type) (Phone) Exhibit 12
Special Conditions Regarding MBE/WBE Commitment and Schedule
DPS Version 09/01/2014
SCHEDULE D: Compliance Plan Regarding MBE And WBE Utilization
I DO SOLEMNLY DECLARE AND AFFIRM UNDER PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED ON BEHALF OF THE PRIME CONTRACTOR TO MAKE THIS AFFIDAVIT.
(Name of Prime Contractor - Print or Type) State of:
County of:
(Signature)
(Name/Title of Affiant - Print or Type)
(Date)
On this day of , 20 , the above signed officer
(Name of Affiant)
personally appeared and, known by me to be the person described in the foregoing Affidavit, acknowledged that (s)he executed the same in the capacity stated therein and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
(Notary Public Signature)
SEAL:
Commission Expires'
Exhibit 12
Special Conditions Regarding-MBE/WBE Commitment and Schedule
DPS Version (WOi/2014
SCHEDULE F: REPORT OF SUBCONTRACTOR SOLICITATIONS FOR CONSTRUCTION CONTRACTS Submit Schedule F with the bid. Failure to submit the Schedule F may cause the bid to be rejected.
Duplicate sheets as needed.
Project Name:
Specification #:
I, on behalf of
(Name of reporter) (Prime contractor)
(A) have either personally solicited, or permitted a duly authorized representative of this firm to solicit, work for this contract
from the following subcontractors which comprise all MBE/WBE and non-MBE/WBE subcontractors who bid or quoted
price information on this contract
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address
Contact Person
Dale of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version 09/01/2014
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address '_
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non- Certified
Company Name
Business Address
Contact Person
Date of contact
Method of contact
Response to solicitation
Type of Work Solicited
Please circle classification: MBE Certified WBE Certified MBE & WBE Certified Non-Certified
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version 09/01/2014
I DO SOLEMNLY DECLARE AND AFFIRM UNDER PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED ON BEHALF OF THE PRIME CONTRACTOR TO MAKE THIS AFFIDAVIT.
(Name of Prune Contractor - Print or Type)
(Signature)
(Name/ Title of Affiant) - Print or Type)
(Date)
On this day of ¦ 20
the above signed officer,
(Name of Affiant)
personally appeared and, known by me to be the person described in the foregoing Affidavit, acknowledged that (s)he executed the same in the capacity stated therein and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
Notarv Public Smnatun
(Seal)
Commission Expires:
07/2lVO4
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version 00/01/2014
SCHEDULE H: DOCUMENTATION OF GOOD FAITH EFFORTS TO UTILIZE MBEs AND WBEs ON CONSTRUCTION CONTRACT
Project Name:
Specification #
The Department of Procurement Services reserves the right to audit and verify all Good Faith Efforts as a condition of award. Material misrepresentations and omissions shall cause the bid to be rejected.
(B) The following is documentation and explanation ofthe bidder's Good Faith Efforts to meet the contract specific goals as described in the Good Faith Efforts Checklist as part of Schedule D. The Schedule D cannot be modified without the written approval of DPS.
I, on behalf of
(Name of reporter) (Prime contractor)
have determined that it is unable to meet the contract specific goals in full or in part as set forth in the Special Conditions Regarding Minority and Women Business Enterprise Commitment in Construction Contracts. 1 hereby declare and affirm that the following good faith efforts were undertaken by the Bidder/Contractor to meet the MBE and/or WBE contract specific goals of this project.
Good Faith Efforts Checklist from Schedule D Attach additional sheets as needed.
Solicited through reasonable and available means at least 50% (or at least 5 when there are more than 11 certified firms in the commodity area) of MBEs and WBEs certified in the anticipated scopes of subcontracting ofthe contract, within sufficient time to allow them to respond, as described in the Schedule F. Attach copies of written notices sent to MBEs and WBEs.
Provided timely and adequate information about the plan, specifications and requirements ofthe contract. Attach copies of contract information provided to MBES and WBEs.
Advertised the contract opportunities in media and other venues oriented toward MBEs and WBEs. Attach copies of advertisements.
Negotiated in good faith with interested MBEs or WBEs that have submitted bids and thoroughly investigated their capabilities.
Attach Schedule F, Report of Subcontractor Solicitations for Construction Contracts.
Selected those portions ofthe work or material consistent with the available MBE or WBE subcontractors and suppliers, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE or WBE participation.
Describe selection of scopes of work solicited from MBEs and WBEs and efforts to break out work items.
Exhibit 16
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version O'VO 1/2014
SCHEDULE H DOCUMENTATION OF GOOD FAITH EFFORTS TO UTILIZE MBEs AND WBEs ON CONSTRUCTION CONTRACT
Made efforts to assist interested MBEs or WBEs in obtaining bonding, lines of credit, or insurance as required by
the City or bidder or contractor.
Describe assistance efforts.
Made efforts to assist interested MBEs or WBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Describe assistance efforts.
Effectively used the services ofthe City; minority or women community organizations; minority or women assistance groups; local, state, and federal minority or women business assistance offices; and other organizations to provide assistance in the recruitment and placement of MBEs or WBEs as listed on Attachment A.
Describe efforts to use agencies listed on Attachment A.
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version (W/01/2014
SCHEDULE H DOCUMENTATION OF GOOD FAITH EFFORTS TO UTILIZE MBEs AND WBEs ON CONSTRUCTION CONTRACT I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE CONTRACTOR, TO MAKE THIS AFFIDAVIT.
Name of Contractor:
(Punt or Type)
Signature:
(Signature of Affiant)
Name of Affiant:
(Print or Type)
Date:.
State of
County (City) of
This instrument was acknowledged before me on
by
(type of authority, e.g., officer, trustee, etc.)
(name of party on behalf of whom instrument
was executed).
Signature of Notary Public
(Seal)
Exhibit 12
Special Conditions Regarding MBE/WBE Commitment Schedule
DPS Version 09/01/2014
STATUS REPORT OF MBE/WBE (SUB) CONTRACT PAYMENTS
Specification No.:
Department Project No.:
Date:
Voucher No.:
STATE OF:
J
COUNTY (CITY) OF:.
In connection with the above-captioncd contract: I HEREBY DECLARE AND AFFIRM that I am the
and duly authorized representative of
(Name ol Comp any - Punt oi Type)
(.
_)_
(Phone)
( Address of Company)
and that the following Minority and Women Business Enterprises (MBE/WBEs) have been contracted with, and have furnished, or are furnishing and preparing materials for, and have done or are doing labor on the above referenced project; that there is due and lo become due them, respectively the amounts set opposite their names for material or labor as stated; and that this a lull, true and complete statement of all such MBE/WBEs and of the amounts paid, due, and to become due to them:
GOODS/SERVICES PROVIDED
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
TOTAL AMOUNT PAID TO MBEs TO DATE: TOTAL AMOUNT PAID TO WBEs TO DATE:
Exhibit 16
Special Conditions Regarding MBE/WBE Commitment Schedule
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED, ON BEHALF OF THE CONTRACTOR, TO MAKE THIS AFFIDAVIT.
Name of Contractor: ;
(Punt or Type)
Signature:
(Signature ot'AtViant)
Name of Afflanf
(Print or Type)
Date:
(Print or Type)
State of
County (City) of
This instrument was acknowledged before me on (date)
by (name/s of person/s)
as (type of authority, e.g., officer, trustee, etc.)
of (name of party on behalf of whom instrument was executed).
Signature of Notary Public
(Seal) (Seal)
Exhibit 12
Special Conditions Regarding Ml?!7./WBE Commitment Schedule
CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT and AFFIDAVIT Related to Contract/Amendment/Solicitation EDS #
120249
SECTION I -- GENERAL INFORMATION
Legal name of the Disclosing Party submitting the EDS:
Hunt Construction Group, Inc. Enter d/b/a if applicable:
The Disclosing Party submitting this EDS is:
the Applicant
Business address ofthe Disclosing Party:
2450 South Tibbs Avenue Indianapolis, IN 46241 United States C.
Telephone:
602-648-2355 Fax: 317-2 27-7810 Email:
melissa.spencer@aecom.com D. Name of contact person:
Melissa Spencer
EXHIBIT 14: DESIGN BUILDERS WASTE REMOVAL AFFADVIT
AFFIDAVIT REGARDING IDENTIFICATION OF ALL WASTE AND MATERIAL HANDLING AND DISPOSAL FACILITIES
Contractor to show here the name and location ofthe waste and material recovery facilities he/she is proposing to use for the Project. Complete one page per facility:
SPECIFY THE TYPE OF MATERIALS TO BE DISPOSED OF:
LEGAL NAME OF LANDFILL/DISPOSAL SITE:
(The Contractor will provide to the City copies of all dump tickets, manifests, etc.)
LOCATION ADDRESS:
PHONE:
CONTACT PERSON:
Disposal site submitted shall be of sufficient capacity as to ensure acceptance ofthe volume of Construction and/or Demolition Debris received for the period of this Contract. These disposal sites must meet all zoning and other requirements that may be necessary.
If requested by the Chief Procurement Officer, the Contractor must submit copies of all contractual agreements, permits and/or licenses for those waste and material recovery facilities proposed by the Contractor.
EXHIBIT 15: MINORITY AND FEMALE EMPLOYEE UTILIZATION
COMMITMENTS
In accordance with Chapter 2-92 of the Municipal Code of Chicago, and in order to promote equality of opportunity for minority and female personnel on this project, Design-Builder has proposed the following minority and female employee utilization commitments for the Project, as percentages of the journeyworker and apprentice and laborer hours to be expended in the construction of the Project.
Actual amounts of minority and female work will be measured for the total hours of construction workers employed on the Project within each of the categories of journeyworkers, apprentices, and laborers by the Design-Builder and all ofthe Worksite subcontractors.
Line 1 Percentage ofthe total Journeyworker hours that the Design-Builder proposes to be worked by minority Journeyworkers during construction ofthe Project. 35%
Line 2 Percentage of the total Apprentice hours that the Design-Builder proposes to be worked by minority Apprentices during construction ofthe Project. 25%
Line 3 Percentage of the total Laborer hours that the Design-Builder proposes to be worked by minority Laborers during construction of the Project. 40%)
Line 4 Percentage of the total Journeyworker hours that the Design-Builder proposes to be worked by female Journeyworkers during construction ofthe Project. 7%.
Line 5 Percentage of the total Apprentice hours that the Design-Builder proposes to be worked by female Apprentices during construction ofthe Project. 7%.
Line 6 Percentage ofthe total Laborer hours that the Design-Builder proposes to be worked by female Laborers during construction of the Project. 10%
The Design-Builder is obligated to meet the total commitment made in each category, subject to liquidated damages as described below for noncompliance. The Design-Builder hereby consents and agrees that, in the event of failure lo comply with each ofthe minimum commitments on Lines
1 through 6 above, covering Journeyworkers, Apprentices, and Laborers, respectively, the following shall apply to determine a monetary sum to be withheld from the final payment to the Design-Builder.
In calculating the aggregated work hours toward the utilization commitment for construction Journeyworkers, Apprentices, or Laborers under this chart, the Design-Builder shall be given 150% credit for every work hour performed by a minority or woman worker residing within a socio-economically disadvantaged area. The criteria for designation of an area as socio-economically disadvantaged, which include but are not limited the median family income of an area, is set forth in rules promulgated by the Commissioner of Planning and Development.
Liquidated Damages
Liquidated damages will be assessed based on the Design-Builder's failure to meet its utilization commitments for the Project. Utilization commitments will be calculated based on the Direct Costs ofthe total Project.
For each one percent (1%) deficiency of minority journeyworkers not utilized toward the commitment on (Line I ), four cents for each hundred dollars of the Direct Costs, calculated as follows:
Direct Costs X .04
100
Each one percent (1%) deficiency of shortfall toward the commitment on (Line 4) for female Journeyworkers shall be computed in the same way.
For each one percent (1%) deficiency of minority Apprentices not utilized toward the commitment on (Line 2). three cents per each hundred dollars ofthe Direct Costs, calculated as follows:
Direct Costs X .03
100
Each one percent (1%) of shortfall toward the commitment on (Line 5) for female Apprentices shall be computed in the same way.
For each one percent (1%) deficiency of minority Laborers not utilized towards the commitment on (Line 3), one cent per each hundred dollars of the Direct Costs, calculated as follows:
Direct Costs X .01
100
Each one percent shortfall toward the commitment on (Line 6) for female Laborers shall be computed in the same way.
I
Reporting
The Design-Builder shall submit to the City on a timely basis a completed weekly certified payroll, (U.S. Department of Labor Form WM-347, Illinois Department of Transportation Form RL-48, or equivalent) with race and gender of employees clearly named or coded each week. The Design-Builder is responsible for forwarding every worksite subcontractor's weekly certified payroll. Supportive information regarding an employee's race, gender or work classification of such is required by the City. Failure to report fully all required workforce information will subject the Design-Builder to liquidated damages per the above formulas.
In the weekly payroll reports, the following ethnic categories should be used to indicate minority personnel for purposes of the canvassing formula:
Black: Persons having origins in any ofthe Black racial groups of Africa.
Hispanic: Persons of Mexican, Puerto Rican, Cuban, Central American, or other Spanish culture or origin, regardless of race.
Native American: Persons who are American Indians, Eskimos, Aleuts or Native llawaiians.
Asian Pacific: Persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories or the Northern Marianas.
Asian Indian: Persons whose origins are from India, Pakistan, or Bangladesh.
Included in the canvassing formula as "Journeyworkers" are the construction-site journeyworkers from the major trades including, without limitation, truck drivers, electrical groundsmen, and elevator construction helpers. Other "Helpers", watchmen, custodial workers, clerical workers, and salaried superintendents are not creditable in the formula. Hourly wage "Foremen" and "General Foremen" will be counted as journeyworkers for purposes ofthe canvassing formula. ;
Included in the canvassing formula as "Apprentices" are only bona fide apprentices currently in a training program certified by the U.S. Department of Labor - Bureau of Apprenticeship and Training, and for the hours employed at the construction-site. Other categories of trainees are not creditable in the formula. Individual workers who are both minority and female will have their hours counted toward both a minority commitment and any female commitment.
EXHIBIT 16: DESIGN SERVICES RATE SCHEDULE
AECOM ¦ ¦•'¦¦'L: ' .: Rate
Principal $277.00
Associate Principal $184.00
Senior Project Advisor $203.00
Senior Project Manager $171.00
Project Manager $109.00
Associate Project Manager $ 82.00
Senior Estimator $159.00
Estimator $126.00
Associate Estimator $93.00
Senior Scheduler $252.00
Scheduler $225.00
Associate Scheduler $199.00
Project Accountant $122.00
Senior Administrative Assistant $81.00
Administrative Assistance $57.00
Senior Marketing Professional $126.00
Marketing Professional $73.00
Senior LIT ED Advisor $161.00
LIZ ED Advisor $129.00
Associate LITITI) Advisor $96.00
Senior Architect $160.00
Architect SI 27.00
Associate Architect $92.00
AECOM (Cont.) Rate
Exhibit 16
Design Services Rate Schedule
Sr. Interior Designer $134.00
Interior Designer $98.00
Assoc. Interior Designer $92.00
Senior Gcotechnical Engineer $169.00
Geotechnical Engineer $150.00
Associate Gcotechnical Engineer $109.00
Senior Environmental Engineer $189.00
Environmental Engineer $142.00
Senior Civil Engineer $157.00
Civil Engineer $111.00
Associate Civil Engineer $79.00
Senior Landscape Architect $114.00
Landscape Architect $98.00
Associate Landscape Architect $92.00
Senior Structural Engineer $186.00
Structural Engineer $150.00
Associate Structural Engineer $109.00
Senior Mechanical Engineer $159.00
Mechanical Engineer $117.00
Associate Mechanical Engineer $96.00
Senior Eire Protection Engineer $138.00
Eire Protection Engineer $93.00
Senior Electrical Engineer $163.00
Electrical Engineer $142.00
AECOM (Cont.) 'V.' ' Rate
Associate Engineer $107.00
Senior Ending Engineer $155.00
CADI.) Manager $140 00
CADD Technician $95 00
Exhibit 16 Design Services
ERS Enterprises Rate
Principal $220.00
Project Director $210.00
Senior Project Manager $185.00
Project Managcr/1'iekl Manager $115.00
Data Analvst $75.00
Ardniorc Roderick . *' .; Rate
Sr. Project Manager $129.00
Environmental-Design International, Inc. Rate
Associate Principal $175.00
Senior Project Manager $162.00
Survey Department Manager $170.00
Professional Land Surveyor 11 $145.00
Professional Land Surveyor $130.00
Partv Chief $100.00
Instrument Person $ 72.00
Clerical Researcher $ 52.00
Environmental Engineer III ' $ 136.00
Senior Civil Engineer $138.00
Environmental Design International, Inc. (Cont.) Rate
Civil Engineer $ II 1.00
Associates Civil Engineer $79.00
CADD Manager $124.00
CADD Technician $ 95.00
'Riteway-lluggins Construction Services
Exhibit 16
Desimi Services Rate Schedule
Genera 1 S u perin tendon t $112.00
Project Estimator $102.00
Jacobs/Ryan Associates , Rate
Associate Principal $175.00
Project Manager $109.00
Landscape Architect $90.00
Assoc. Landscape Architect $80.00
Intern Landscape Architect $ 55.00
l)B Sterlin Rate
Associate Principal $175.00
Senior Engineer 11 $170.00
Senior Engineer 1 $154.00
Project Engineer 111 $142.00
Project Engineer 111 $129.00
Construction Engineer III $129.00
Construction Engineer II $103.00
Construction Engineer 1 $77.00
Engineer III $103.00
DB:Sterlin (Cont.) Rate
Engineer II $90.00
Engineer 1 $ 80.00
CADD Manager $132.00
CADD Technician $116.00
Construction Technician II $129.00
Construction Technician 1 $103.00
Professional Land Survevor 11 $142.00
Survev Crew Member II $103.00
Exhibit 16
Design Services Rate Schedule
Survey Crew Member I $80.00
Document Control Specialist $77.00
Office Technician $ 77.00
dbHMS Riite
Senior Principal $275.00
Commissioning Authority $205.00
Commissioning Agent $170.00
Commissioning Techanician/Proj. Engineer $150.00
Quercus Rate
Principal I.EED Consultant $150.00
Exhibit 16
Design Services Rate Schedule
EXHIBIT 17: DESIGN SERVICES COMPLETED PRIOR TO CONTRACT EXECUTION
'ITEM/DOC* NO. TITLE / DESCRIPTION
GENERAL DOCUMENTS
... 1 GEOTECHNICAL SUBSURFACE INVESTIGATION - SUPPLEMENTAL REPORT (6800 S. WENTWORTH AVENUE) |109|GEOTECHNICAL SUBSURFACE INVESTIGATION REPORT (4243 N. NEENAH AVENUE)
--> GEOTECHNICAL SUBSURFACE INVESTIGATION REPORT (1150 N. NORTH BRANCH STREET) |109|ALTA/ACSM LAND TITLE SURVEY (4243 N. NEENAH AVENUE) |109|LAND TITLE SURVEY (1150 N. NORTH BRANCH STREET) |109|PLANNED DEVELOPMENT AMENDMENT SUBMISSION |109|SCHEMATIC DESIGN SERVICES |109|DESIGN DEVELOPMENT SERVICES |10 9|FINAL DESIGN DOCUMEN T SERVICES
EXHIBIT 18: GENERAL CONDITIONS RATE SCHEDULE
Exhibit 18 - General Conditions Rate Schedule - Construction Services
Title Hourly Rate
Senior Vice President $250.00
Project Executive $165.00
Project Director $155.00
Senior Project Manager $145.00
Project Manager $125.00
Assistant Protect Manager $100.00
Project Engineer $75.00
Senior Superintendent $135.00
Superintendent $125.00
Assistant Superintendent $100.00
Sal'etv Director $100.00
Project Accountant $65.00
Certified Payroll Specialist $65.00
Intern $30.00
BIM/VDC Manager SI 15.00
HIM/VDC Engineer $75.00
Scheduling Manager $135.00
Project Scheduler $120 00
Pre-Construction Manager $145.00
Senior Estimator $135 00
Exhibit 18
General Conditions Rate Schedule
Estimator $125.00
General Conditions Items "'¦ Monthly *, " . Rate/Each
Copy Machine (excludes maintenance and usage charges) $550.00
Mobile phones per phone $150.00
Laptop computer $300.00
Eire extinguisher with stand $16.00
Tablets $90.00
Pickup truck (excludes fuel and maintenance) $900.00
Exhibit 18
General Conditions Rate Schedule
JOSEPH A. MOORE
Alderman, 49th Ward 7356 North GreenviewAvenue Chicago, Illinois 60626 telephone 773-338-5796 ward49@cityofchicago.org www.ward49.com
CITY COUNCIL
CITY OF CHICAGO COUNCIL CHAMBER
City Hall, Room 200 121 North LaSalle Street Chicago. Illinois 60602 Telephone 312-744-3067
COMMITTEE MEMBERSHIPS
HOUSING AND REAL ESTATE
Chairman
Budget and Government Operations
Committees, Rules and Ethics
Education and Child Development
Finance
Health and Environmental Protection
Human Relations
Special Events, Cultural Affairs and Recreation
January 17, 2018
To the President and Members of the City Council:
Your Committee on Housing and Real Estate, for which a meeting was held on January 12, 2018, having had under consideration the substitute ordinance introduced by Mayor Rahm Emanuel on January 12, 2018, this being the design/build agreement for construction of City vehicle repair and refueling facilities at 1152 N. North Branch St., 210 W. 69th St., and 4241 N. Neenah Ave., begs leave to recommend that Your Honorable Body Approve said ordinance transmitted herewith.
This recommendation was concurred in by a voice vote of all committee members present.
Respectfully submitted,
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