SPECIFICATION NO.: 75973 RFQ NO. - City of · PDF fileSPECIFICATION NO.: 75973 RFQ NO.: 3227 ... Management, Meter Shop Training Room, 1424 W. Pershing Road, ... 65 3.26. ACCEPTANCE

Vendor No.: _______________ Purchase Order No.: _______________

SPECIFICATION NO.: 75973RFQ NO.: 3227

WATER METER INSTALLATIONS

CONTRACT PERIOD: TWENTY-FOUR (24) MONTHS FROM THE DATE OF CONTRACT AWARD AND RELEASE

STARTING: _______________ THROUGH: _______________

REQUIRED FOR USE BY CITY OF CHICAGO

DEPARTMENT OF WATER MANAGEMENT

Fund Number: 009-0F04-0882030-0550-220550-W706-09501-090 (VARIOUS)

Bid Deposit: Five Percent (5%) of Total Base BidBid Fee: Not Required, Drawings: YES

Performance Bond: Required

Information: Theresa McDonnell, Head Purchase Contract AdministratorPhone: 312-744-4919, e-mail: [email protected]

A Pre-Bid Conference will be held on: TUESDAY, DECEMBER 15, 2009 at 10:00 a.m. at the Department of WaterManagement, Meter Shop Training Room, 1424 W. Pershing Road, Chicago, Illinois 60609

EXECUTE AND SUBMIT ONE (1) COMPLETE ORIGINAL BID PACKAGEAll signatures to be sworn to before a Notary Public

Bid packages must be completed and returned in its entirety.

Bids must be sealed, delivered and received in the City of Chicago, Department of Procurement Services,Bid and Bond Room, City Hall, 121 N. LaSalle Street, Room 301, Chicago, Illinois 60602,

NO LATER than 11:00 a.m., Chicago Time on THURSDAY, JANUARY 7, 2010.Bids will be read publicly.

Issued by:City of Chicago

Department of Procurement ServicesRoom 403, City Hall

121 North LaSalle StreetChicago, Illinois 60602

Bids must be submitted in sealed envelope(s) or packages(s). The outside of the envelope or package must clearlyindicate the name of the project, “ WATER METER INSTALLATIONS", the specification number “75973” and the timeand the date specified for receipt. The name and the address of the Bidder must also be clearly printed on the outside ofthe envelope(s) or package(s). Respondent must NOT scan or otherwise reproduce this document in any way.Richard M. Daley Jamie L. RheeMayor Chief Procurement Officer

LEGAL ADVERTISEMENT NOTICE

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Table of Contents

1. DEFINITIONS .......................................................................................................................................... 12. GENERAL CONDITIONS......................................................................................................................... 42.1. DOWNLOADABLE DOCUMENTS......................................................................................................... 42.2. EXAMINATION BY BIDDER.................................................................................................................. 42.3. PREPARATION OF PROPOSAL .......................................................................................................... 42.4. SUBMISSION OF PROPOSALS ........................................................................................................... 52.5. WITHDRAWAL OF PROPOSALS ......................................................................................................... 52.6. COMPETENCY OF BIDDER................................................................................................................. 52.7. CONSIDERATION OF PROPOSALS .................................................................................................... 62.8. ACCEPTANCE OF PROPOSALS ......................................................................................................... 62.9. BID DEPOSIT ....................................................................................................................................... 62.10. FEES FOR SUBMISSION OF BIDS .................................................................................................... 62.11. PERFORMANCE BOND ..................................................................................................................... 62.12. FAILURE TO FURNISH BOND ........................................................................................................... 72.13. INTERPRETATION OF CONTRACT DOCUMENTS............................................................................ 72.14. TAXES................................................................................................................................................ 72.15. CONTRACTOR'S FINANCIAL STATEMENT....................................................................................... 72.16. ORDER OF PRECEDENCE OF COMPONENT CONTRACT PARTS.................................................. 72.17. NOTICES............................................................................................................................................ 82.18. NON-DISCRIMINATION...................................................................................................................... 82.19. INDEMNITY ........................................................................................................................................ 92.20. EMPLOYMENT ................................................................................................................................... 92.21. INDEPENDENT CONTRACTOR....................................................................................................... 102.22. SAFETY AND LOSS CONTROL ....................................................................................................... 102.23. LIVING WAGE ORDINANCE ............................................................................................................ 112.24. PREVAILING WAGE RATES ............................................................................................................ 112.25. DAVIS BACON ACT.......................................................................................................................... 112.26. USEPA/IEPA ARRA DAVIS-BACON GUIDANCE.............................................................................. 122.27. PAYMENT TO CONTRACTOR ......................................................................................................... 182.28. COOPERATION BETWEEN CONTRACTORS.................................................................................. 192.29. SUBLETTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDS .................................... 192.30. SUBCONTRACTORS ....................................................................................................................... 192.31. SUBCONTRACTORS WITH DISABILITIES....................................................................................... 202.32. SUBCONTRACTOR PAYMENTS...................................................................................................... 202.33. DEMURRAGE AND RE-SPOTTING.................................................................................................. 202.34. MATERIALS INSPECTION AND RESPONSIBILITY.......................................................................... 202.35. CASH BILLING TERMS .................................................................................................................... 212.36. SUPERVISION.................................................................................................................................. 212.37. PLANS OR DRAWINGS AND SPECIFICATIONS CO-OPERATIVE .................................................. 212.38. PERMITS.......................................................................................................................................... 212.39. AUDITS............................................................................................................................................. 212.40. TIME AND PROGRESS .................................................................................................................... 212.41. PROVISIONS RELATIVE TO DELAY................................................................................................ 222.42. PRICE REDUCTION ......................................................................................................................... 222.43. PROHIBITION ON CERTAIN CONTRIBUTIONS – MAYORAL EXECUTIVE ORDER NO. 05-1......... 232.44. CONFLICTS OF INTEREST.............................................................................................................. 242.45. DISCLOSURE OF OWNERSHIP....................................................................................................... 252.46. DISCLOSURE OF RETAINED PARTIES - EXECUTIVE ORDER 97-1 .............................................. 252.47. GOVERNMENTAL ETHICS ORDINANCE......................................................................................... 252.48. CHAPTER 2-26 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF COMPLIANCE................. 252.49. CHAPTER 2-56 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF INSPECTOR GENERAL .. 25

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2.50. SECTION 2-92-380 OF THE MUNICIPAL CODE OF CHICAGO ....................................................... 252.51. SECTION 11-4-1600(E) OF THE MUNICIPAL CODE OF CHICAGO................................................. 262.52. BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS ............................................................. 262.53. NON-COLLUSION, BRIBERY OF A PUBLIC OFFICER OR EMPLOYEE .......................................... 272.54. MACBRIDE PRINCIPLES ORDINANCE ........................................................................................... 272.55. CONTRACTOR CERTIFICATION ..................................................................................................... 272.56. COMPLIANCE WITH CHILD SUPPORT ORDERS ORDINANCE...................................................... 282.57. FEDERAL TERRORIST (NO-BUSINESS) LIST................................................................................. 282.58. COMPLIANCE WITH ALL LAWS ...................................................................................................... 282.59. COMPLIANCE WITH ENVIRONMENTAL LAWS............................................................................... 282.60. SEVERABILITY................................................................................................................................. 332.61. FORCE MAJEURE EVENT ............................................................................................................... 332.62. FALSE STATEMENTS ...................................................................................................................... 342.63. RIGHT TO OFFSET .......................................................................................................................... 342.64. DEFAULT ......................................................................................................................................... 342.65. DISPUTES........................................................................................................................................ 352.66. COMMITMENT REGARDING BUSINESS ENTERPRISES OWNED BY PEOPLE WITH DISABILITIES(BEPD) ...................................................................................................................................................... 352.67. IEPA REQUIREMENTS .................................................................................................................... 362.68. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY LOAN PROVISIONS.................................... 372.69. IEPA LOAN REQUIREMENTS .......................................................................................................... 412.70. IEPA ARRA “BUY AMERICAN” GUIDANCE, April 15, 2009 .............................................................. 422.71. STEEL PRODUCTS.......................................................................................................................... 533. SPECIAL CONDITIONS......................................................................................................................... 543.1. DOWNLOADABLE DOCUMENTS....................................................................................................... 543.2. QUANTITIES ...................................................................................................................................... 543.3. BASIS OF AWARD ............................................................................................................................. 543.4. CHICAGO BUSINESS PREFERENCE................................................................................................ 553.5. PARTICIPATION BY OTHER LOCAL GOVERNMENT AGENCIES..................................................... 553.6. CALCULATION OF MBE/WBE COMMITMENT................................................................................... 553.7. CONTRACT DOCUMENTS TO BE COMPLETED BY BIDDER ........................................................... 563.8. PRICE LISTS / CATALOGS ................................................................................................................ 563.9. PURCHASE ORDER RELEASES ....................................................................................................... 563.10. DELIVERY OF EQUIPMENT, PARTS AND PERFORMANCE OF SERVICES................................... 573.11. INVOICES......................................................................................................................................... 573.12. ELECTRONIC ORDERING AND INVOICES ..................................................................................... 573.13. PAYMENT ........................................................................................................................................ 573.14. CONTRACT PERIOD........................................................................................................................ 583.15. CONTRACT EXTENSION OPTION................................................................................................... 583.16. UNSPECIFIED SERVICES ............................................................................................................... 583.17. PRICE ESCALATION........................................................................................................................ 593.18. LIQUIDATED DAMAGES .................................................................................................................. 593.19. AVIATION SECURITY....................................................................................................................... 603.20. AIRPORT SECURITY BADGES........................................................................................................ 603.21. GENERAL REQUIREMENTS REGARDING AIRPORT OPERATIONS.............................................. 613.22. PARKING RESTRICTIONS............................................................................................................... 633.23. OFFICE OF EMERGENCY MANAGEMENT AND COMMUNICATIONS SECURITY ......................... 633.24. POLICE SECURITY .......................................................................................................................... 653.25. DEPARTMENT OF WATER MANAGEMENT SECURITY.................................................................. 653.26. ACCEPTANCE.................................................................................................................................. 673.27. DEEMED INCLUSION....................................................................................................................... 673.28. NON-APPROPRIATION.................................................................................................................... 673.29. TERMINATION ................................................................................................................................. 684. CONTRACTORS INSURANCE.............................................................................................................. 694.1. INSURANCE CERTIFICATE OF COVERAGE..................................................................................... 72

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5. SPECIAL CONDITIONS REGARDING MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESSENTERPRISE............................................................................................................................................ 735.1. POLICY AND TERMS ......................................................................................................................... 735.2. DEFINITIONS ..................................................................................................................................... 745.3. COUNTING MBE/WBE PARTICIPATION TOWARD THE CONTRACT GOALS .................................. 745.4. REGULATIONS GOVERNING REDUCTIONS TO OR WAIVER OF MBE/WBE GOALS ..................... 755.5. PROCEDURE TO DETERMINE BID COMPLIANCE ........................................................................... 775.6. REPORTING REQUIREMENTS DURING THE TERM OF THE CONTRACT ...................................... 785.7. MBE/WBE SUBSTITUTIONS .............................................................................................................. 795.8. NON-COMPLIANCE AND DAMAGES................................................................................................. 795.9. ARBITRATION.................................................................................................................................... 795.10. RECORD KEEPING.......................................................................................................................... 806. ATTACHMENT A - ASSIST AGENCY .................................................................................................... 837. ATTACHMENT B ................................................................................................................................... 858. SCHEDULE B: ....................................................................................................................................... 869. SCHEDULE C-1..................................................................................................................................... 9110. SCHEDULE D-1................................................................................................................................... 9211. DBE/MBE/WBE UTILIZATION REPORT .............................................................................................. 9912. DETAILED SPECIFICATIONS ............................................................................................................10212.1. SCOPE ............................................................................................................................................10212.2. GENERAL WORK DESCRIPTION ...................................................................................................10212.3. ITEMS TO BE SUPPLIED BY THE CONTRACTOR .........................................................................10212.4. PERMITS AND FEES ......................................................................................................................10312.5. PROJECT OFFICE AND STORAGE AREA......................................................................................10312.6. PROJECT MANAGEMENT ..............................................................................................................10312.7. QUALITY OF WORKMANSHIP AND MATERIALS ...........................................................................10412.8. DEPARTMENT RESPONSIBILITIES................................................................................................10512.9. WORK PROCEDURES ....................................................................................................................10612.10. PUBLIC CONVENIENCE ...............................................................................................................10712.11. CLEAN UP.....................................................................................................................................10712.12. PROTECTION OF PEOPLE, WORK, DAMAGES AND REPAIRS ..................................................10812.13. CONTRACTOR'S EMPLOYEES ....................................................................................................10812.14. WORK IN PROGRESS ..................................................................................................................11012.15. EXCLUSIVE WORK AGREEMENT ................................................................................................11012.16. CONFIDENTIALITY .......................................................................................................................11013. PROJECT START-UP.........................................................................................................................11113.1. CUSTOMER SOLICITATION AND NOTIFICATION..........................................................................11113.2. CUSTOMER APPOINTMENTS ........................................................................................................11113.3. CONTRACTOR WORK HOURS ......................................................................................................11113.4. SITE VISITATION ............................................................................................................................11213.5. CONTRACTOR INSPECTION AND EVALUATION OF INSTALLATION SITE ..................................11213.6. OUTDOOR INSPECTION ................................................................................................................11313.7. INDOOR INSPECTION ....................................................................................................................11314. INSTRUCTIONS COMMON TO ALL METER INSTALLATIONS..........................................................11614.1. INDOOR INSTALLATIONS ..............................................................................................................11814.2. PIT INSTALLATIONS.......................................................................................................................12114.3. RESTORATION AND LANDSCAPING .............................................................................................12214.4. DEPARTMENT INSPECTION ..........................................................................................................12314.5. REJECTIONS ..................................................................................................................................12314.6. CORRECTIVE WORK ORDER ........................................................................................................12314.7. CUSTOMER COMPLAINTS.............................................................................................................12314.8. WARRANTY ....................................................................................................................................12314.9. EMERGENCIES...............................................................................................................................12415. DESCRIPTION OF SPECIFIC PRICE ITEMS .....................................................................................12515.1. EXCEPTIONS..................................................................................................................................12716. PROPOSAL PAGES ...........................................................................................................................128

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17. ADDITIONAL PROPOSAL INFORMATION .........................................................................................12917.1. PERSON TO CONTACT REGARDING BID: ....................................................................................12917.2. QUALIFICATIONS OF BIDDER .......................................................................................................12917.3. REFERENCES:................................................................................................................................12917.4. ORGANIZATION CHART.................................................................................................................13017.5. EXCEPTIONS (EXPLAIN): ...............................................................................................................13118. Exhibit A: Water Meter Installation Drawings and Approved Materials List ..........................................13219. EXhIBIT B: MISSED APPOINTMENT................................................................................................13320. EXHIBIT C: UNABLE TO GAIN ENTRY OR INSTALL METER ...........................................................13521. EXHIBIT D: OWNER’S PERMISSION TO PERFORM THE WORK ....................................................13722. EXHIBIT E: PERMANENT RESTORATION REQUEST ......................................................................13823. EXHIBIT F: SERVICE ORDER INSPECTION FORM..........................................................................14024. EXHIBIT G: CUSTOMER INFORMATION PACKET ...........................................................................14225. EXHIBIT H: METERSAVE RAIN BARREL VOUCHER .......................................................................14526. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITYMATTERS ................................................................................................................................................14727. U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATEDFACILITIES ..............................................................................................................................................15028. NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS-NONDISCRIMINATIONIN EMPLOYMENT ....................................................................................................................................15229. BIDDER CERTIFICATION-IN COMPLIANCE WITH ARTICLE 33E TO THE “CRIMINAL CODE OF 1961”15430. ILLINOIS PREVAILING WAGES .........................................................................................................15631. PERFORMANCE BOND SAMPLE ......................................................................................................15732. CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT................................15932.1. SECTION I -- GENERAL INFORMATION.........................................................................................15932.2. SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS ..........................................................16032.3. SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS............................16132.4. SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES .........16132.5. SECTION V -- CERTIFICATIONS ....................................................................................................16232.6. SECTION VI -- CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS.....................................16632.7. SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE,PENALTIES, DISCLOSURE .....................................................................................................................16832.8. CERTIFICATION..............................................................................................................................17033. CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A ..........17133.1. FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS .......17133.2. CERTIFICATION..............................................................................................................................17134. PROPOSAL TO BE EXECUTED BY A CORPORATION .....................................................................17235. PROPOSAL TO BE EXECUTED BY A PARTNERSHIP ......................................................................17336. PROPOSAL TO BE EXECUTED BY A SOLE PROPRIETOR..............................................................17437. PROPOSAL ACCEPTANCE ...............................................................................................................175

Specification Number 75973, Water Meter Installation, Page 1 of 175

1. DEFINITIONSWherever applicable in the Contract Documents, the following terms, or pronouns in place of them, or abbreviations,are used, the interpretation and meaning shall be interpreted as follows:

"Attachments" means all exhibits attached hereto and/or incorporated by reference herein;

"Business Day" means business days (Monday through Saturday, excluding Sunday or legalholidays) in accordance with the City of Chicago business calendar;

"Calendar Day" means calendar days (Sunday through Saturday, excluding legal holidays) inaccordance with the world-wide accepted calendar;

"Chief Procurement Officer" refers to the Chief Executive of the Department of Procurement Services, for theCity of Chicago, and any representative duly authorized in writing to act on theChief Procurement Officer's behalf;

"City" refers to the City of Chicago, a municipal corporation and home rule governmentunder Sections 1 and 6(a), Article VII, of the 1970 Constitution of the State ofIllinois;

"Commissioner" refers to the Chief Executive of the Department of Water Management, for theCity of Chicago, and any representative duly authorized in writing to act on theCommissioner's behalf;

"Contact Person" refers to Contractor's management level personnel who will work as liaisonbetween the City and the Contractor and be available to respond to any problemsthat may arise at a work site;

"Contract" means this contract for Water Meter Installations, including all exhibits attachedhereto and/or incorporated by reference herein, and all amendments,modifications, or revisions made from time to time in accordance with the termshereof;

"Contractor" refers to the person, firm, entity or corporation who is awarded this contract;

"Contract Documents" are herein as incorporated into the Contract before its execution, and all as maybe amended, modified, revised in accordance with the terms hereof;

“Customer” refers to a City of Chicago property owner or his designated representative whopurchase water from the Department of Water Management and has volunteeredto have a water meter installed in their one (1) family or two (2) flat residentialproperty. The terms “Volunteer”, “Owner”, “Property Owner” and “Home Owner”will all have the same meaning as Customer within this specification;

“Day” means a calendar day, beginning at 12:01 a.m. in the central time zone of theUnited States;


"Deliverables" means any Water Meter Installations, documents, reports, information, etc. to beprovided by the Contractor to the City;

"Delivery Location" refers to the location where the product or service is to be provided by theContractor;

"Department" means the Department of Department of Water Management, City of Chicago;

“Downloadable Document” refers to the solicitation requirement(s) that are downloaded from the City ofChicago’s website;

“Enclosure” refers to the cylinder or liner that houses a 5/8 inch or 1 inch outdoor meter;

"Force Majeure Event" means events beyond the reasonable control of a party to this Contract, whichis limited to acts of God, explosion, acts of the public enemy, fires, floods,earthquakes, tornadoes, epidemics, quarantine restrictions, work stoppages(except for work stoppages resulting from practices of the Contractor which arethe subject of a finding of unfair labor practices by an administrative law judge ofthe National Labor Relations Board and except further for foreseeable workstoppages for which the Contractor has not reasonably prepared to minimize theharm or loss that is occasioned by such work stoppage);

"Holidays" means the following days in accordance with the City of Chicago; New Year’sDay, Dr. Martin Luther King Jr.’s Birthday, Lincoln’s Birthday, Washington’sBirthday, Pulaski Day, Memorial Day, Independence Day, Labor Day, ColumbusDay, Veteran’s Day, Thanksgiving Day and Christmas Day;

“IEPA” refers to the Illinois Environmental Protection Agency of the State of Illinois;

“5/8 Inch Meter” means a 5/8 inch by 3 /4 inch water meter;

“1 Inch Meter” means a 1 inch by 1 inch water meter;

“Meter Interface Unit (MIU)” refers to the transmitter used to relay meter readings, by radio transmission, to adata collector;

“Meter Pit Installation” refers to the installation of a meter in a pit or vault outside of a building;

“Month” means the number of calendar days contained in that month in accordance withthe world-wide accepted calendar;


“Pit” refers to the opening in the earth, outdoors into which the enclosure is placed, oran installation of a 5/8 inch or 1 inch meter enclosure in an outdoor earthopening;

“Project” means all work to be performed by the Contractor hereunder, including provisionof all labor materials, equipment, supplies and other incidentals necessary orconvenient to the successful completion of the work;

"Proposal" as used herein refers to the Contractor prepared document quoting a firm fixedprice or unit price for performance of the Work, including all Contractor schedulesand signatory documents required to be completed in accordance with therequirements of the Contract Documents;

"Reporting Formats" means the appearance in which a report is submitted by the Contractor to theCity;

"Services" means all work to be performed by the Contractor hereunder, including provisionof all labor, materials, equipment, supplies and other incidentals necessary orconvenient to the successful completion of the work;

"Subcontractor" means any person or entity with whom the Contractor contracts to provide anypart of the Work, including subcontractors of any tier, suppliers and material men,whether or not in privity with the Contractor;

“Work” means all services to be performed by the Contractor, hereunder, includingprovision of all labor, materials, equipment, supplies and other incidentalsnecessary or convenient to the successful completion of the work;

"Work Site" refers to the location where the work is to be performed by the Contractor.

Unless a contrary meaning is specifically noted elsewhere, words as required, as directed, as permitted, and similarwords mean that requirements, directions of, and permission of the Commissioner or Chief Procurement Officer areintended; similarly the words approved, acceptable, satisfactory, or words of like imports, will mean approved by,acceptable to, or satisfactory to the Commissioner or Chief Procurement Officer. The words necessary, proper, orwords of like import as used with respect to extent of Work specified will mean that Work must be conducted in amanner, or be of character which is necessary or proper in the opinion of the Commissioner. The Commissioner’sjudgment in such matters will be considered final and incontestable by the Contractor.

Wherever the imperative form of address is used, such as provide equipment required it will be understood andagreed that such address is directed to the Contractor.


2. GENERAL CONDITIONSBids will be received by the Chief Procurement Officer of the City of Chicago in accordance with Contract Documentsas set forth herein.

2.1. DOWNLOADABLE DOCUMENTS

Bidder’s that download a bid solicitation from the City of Chicago’s website: http://cityofchicago.org/procurement,instead of obtaining the hard copy paper bid solicitation from the City of Chicago’s Bid and Bond Room, the bidder isresponsible for checking the City of Chicago’s website for clarifications and/or addenda. Failure to obtainclarifications and/or addenda from the City’s website will not relieve the bidder from being bound by any additionalterms and/or conditions in the clarification and/or addenda. The City will not be responsible for bidder’s failure toconsider additional information contained therein in preparing the bid or proposal.

Note: Multiple clarifications and/or addenda may be issued in which the bidder is responsible for obtaining.

If the bid solicitation was downloaded from the City of Chicago’s website instead of picking it up in paper from theCity of Chicago’s Bid and Bond Room, the bidder MUST contact the City of Chicago, Department of ProcurementServices, Bid and Bond Room at 312-744-9773 or by faxing a copy of a business card (include e-mail address,Specification No and RFQ No) at 312-744-5611 to register your company as a document holder for this bidsolicitation.

Any harm to the bidder resulting from such failure to obtain all necessary documents will not be valid grounds for aprotest against award(s) made under this bid solicitation.

2.2. EXAMINATION BY BIDDER

The bidder must, before submitting its bid, carefully examine the proposal, plans, specifications, contract documentsand bonds. The bidder must inspect in detail the site of the proposed work and familiarize itself with all the localconditions affecting the contract and the detailed requirements of construction. If its bid is accepted, the bidder willbe responsible for all errors in its proposal resulting from failure or neglect to comply with these instructions. TheCity will, in no case, be responsible for any change in anticipated profits resulting from such failure or neglect.

Unless otherwise provided in the Contract, when the plans or specifications include information pertaining tosubsurface exploration, borings, test pits, and other preliminary investigation, such information represents only theopinion of the City as to the location, character, or quantity of the materials encountered and is only included for theconvenience of the bidder. The City assumes no responsibility with respect to the sufficiency or accuracy of theinformation, and there is no guaranty, either expressed or implied, that the conditions indicated are representative ofthose existing throughout the work, or that unanticipated developments may not occur.

2.3. PREPARATION OF PROPOSAL

The bidder must prepare its proposal on the attached proposal forms. Unless otherwise stated, all blank spaces onthe proposal page or pages, applicable to the subject specification, must be correctly filled in. Either a unit price or alump sum price, as the case may be, must be stated for each and every item, either typed in or written in ink, infigures, and, if required, in words.

If bidder is a corporation, the President and Secretary must execute the bid and the Corporate seal must beaffixed. In the event that this bid is executed by other than the President, attach hereto a certified copy of thatsection of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offerfor the corporation.


If bidder is a partnership, all partners must execute the bid, unless one partner has been authorized to sign for thepartnership, in which case, evidence of such authority satisfactory to the Chief Procurement Officer must besubmitted.

If bidder is a sole proprietorship, the sole proprietorship must execute the bid.

A Partnership, Joint Venture or Sole Proprietorship operating under an Assumed Name must be registered with theIllinois county in which located, as provided in 805ILCS 405 (1992).

2.4. SUBMISSION OF PROPOSALS

All prospective bidders must submit sealed proposals with applicable bid deposit enclosed in envelopes provided forthat purpose in the Department of Procurement Services, Bid and Bond Room, Room 301, City Hall, and if proposalsare submitted in envelopes other than those so provided for this purpose, then the sealed envelope submitted by theprospective bidder must carry the following information on the face of the envelope: bidders name, address, subjectmatter of proposal, advertised date of bid opening and the hour designated for bid opening as shown on the legaladvertisement.

Where proposals are sent by mail to the DEPARTMENT OF PROCUREMENT SERVICES, the bidders will beresponsible for their delivery to the Department of Procurement Services, Bid and Bond Room, Room 301, City Hall,121 N. LaSalle Street, Chicago, Illinois 60602 before the advertised date and hour for the opening of bids. If the mailis delayed beyond the date and hour set for the bid opening, proposals thus delayed will not be accepted.

Proposals must be submitted with original signatures in the space provided on the appropriate Proposal ExecutionPage. Proposals not properly signed and notarized will be rejected.

2.5. WITHDRAWAL OF PROPOSALS

Bidders may withdraw their proposals at any time prior to the time specified in the advertisement as the closing timefor the receipt of bids. However, no bidder will withdraw or cancel his proposal for a period of one hundred twenty(120) calendar days after said advertised closing time for the receipt of proposals nor must the successful bidderwithdraw or cancel or modify his proposal after having been notified by the Chief Procurement Officer that saidproposal has been accepted by the City. The City reserves the right to withhold and deposit, as liquidated damagesand not a penalty, the bid deposit of any bidder requesting withdrawal, cancellation or modification of its proposalprior to the stated period for acceptance of proposal.

Where this contract shall be approved by another agency, such as the Federal Government or State of Illinois, thenthe bidder shall not withdraw or cancel or modify his proposal for a period of one hundred twenty (120) calendar daysafter said advertised closing time for the receipt of proposals.

2.6. COMPETENCY OF BIDDER

The Chief Procurement Officer reserves the right to refuse to award a Contract to any person, firm or corporation thatis in arrears or is in default to the City of Chicago upon any debt or contract, or that is a defaulter, as surety orotherwise, upon any obligation to said City, or had failed to perform faithfully any previous contract with the City.

The bidder, if requested, must present within a reasonable time, as determined by the Chief Procurement Officer,evidence satisfactory to the Chief Procurement Officer of performance ability and possession of necessary facilities,pecuniary resources and adequate insurance to comply with the terms of these specifications and contractdocuments.


2.7. CONSIDERATION OF PROPOSALS

The Chief Procurement Officer will represent and act for the City in all matters pertaining to this proposal andcontract in conjunction therewith. The Chief Procurement Officer reserves the right to reject any or all proposalswhen in the Chief Procurement Officer’s opinion the best interest of the City will be served by such action.

The proposal is contained in these contract documents and MUST NOT BE DETACHED FROM HERE by any bidderwhen submitting a proposal. Incomplete proposals are subject to rejection.

2.8. ACCEPTANCE OF PROPOSALS

The Chief Procurement Officer will accept in writing one of the proposals or reject all proposals, within sixty (60)calendar days, or within one hundred twenty (120) calendar days where approval by other agencies is required, fromthe date of opening of bids, unless the lowest responsible bidder, upon request of the City, extends the time ofacceptance to the City.

2.9. BID DEPOSIT

A Bid Deposit of five percent (5%) of the Total Base Bid is required to be submitted with the bid for this project.

Bid deposit shall be required for all competitive sealed bidding for contracts when required in the legaladvertisement. The bid deposit must be a bond, or the equivalent in cashier's check, money order or certifiedcheck. Any bond must be executed by a surety authorized to do business in the State of Illinois. And, it must be inthe form provided by the Chief Procurement Officer, an example of which is bound herein. All certified checks mustbe drawn on a bank doing business in the United States, and shall be made payable to the order of the City ofChicago. CASH IS NOT AN ACCEPTABLE FORM OF BID DEPOSIT.

Bid deposits shall be in the amount shown in the advertisement or as may be prescribed herein, but not in excess often percent (10%) of the bid. Should the amount of the bid deposit shown in the advertisement prove to be more thanten percent (10%) of the bid, then the bidder may submit, in lieu of the foregoing, an amount equal to ten percent(10%) of his bid. When the legal advertisement requires a deposit, noncompliance requires rejection of the bid.Compliance with the provisions herewith shall be determined in all cases by the Chief Procurement Officer and hisdetermination shall be final.

After bids are opened, deposits shall be irrevocable for the period specified herein. If a bidder is permitted towithdraw its bid before award, no action shall be taken against the bidder or the bid deposit.

2.10. FEES FOR SUBMISSION OF BIDS

No Bid Fee required.

2.11. PERFORMANCE BONDThe Contractor will, no later than the date of execution, deliver to the Chief Procurement Officer a Performance andPayment Bond in an amount no less than ten percent (10%) of the estimated contract price. Such bond shall complywith the provisions of 30 ILCS 550/1 et seq., as amended, and of Chapter 2, Section 2-92-030 of the Municipal Codeof Chicago, as amended. The surety for the bond must be listed as a certified surety in the most recently published,“Listing of Approved Sureties” of the United States Department of the Treasury Circular 570. The Surety must havean underwriting limitation in that publication in an amount equal to or greater than the amount bid by the Contractorand have a Best’s Key Rating guide of “B+”, Class XI, or greater. The bond must be in the form attached in thecontract Documents (see Section 31).

Contractor may not change its surety without prior written consent of the Chief Procurement Officer. If at any timethe surety or sureties, or any one of them, upon such bond becomes insolvent, or shall be in the opinion of the Chief


Procurement Officer be unsatisfactory or unable to respond in damages in case of liability on such bond, the ChiefProcurement Officer will notify the Contractor and direct that a satisfactory surety or sureties be provided forthwith.

No payment shall be made on account of Work done by the contractor until satisfactory sureties have been providedas directed. In case of neglect, failure, or refusal of the Contractor to provide satisfactory sureties when so directedwithin ten (10) days after such notification, the Chief Procurement Officer may declare this Contract forfeited, butsuch forfeiture shall not release the Contractor or its surety or sureties from any liability which may have accruedprior to, on or after the date of forfeiture.

2.12. FAILURE TO FURNISH BOND

In the event that the bidder fails to furnish the performance bond in said period of ten (10) calendar days, then thebid deposit of the bidder will be retained by the City as liquidated damages and not as a penalty.

2.13. INTERPRETATION OF CONTRACT DOCUMENTS

If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the specificationsor other contract documents, a written request for an interpretation thereof may be submitted to the ChiefProcurement Officer. The person submitting the request will be responsible for its prompt delivery. Anyinterpretation of the proposed documents will be made only by an addendum duly issued by the Chief ProcurementOfficer. A copy of such addendum will be mailed, faxed, electronically mailed or delivered to each person receiving aset of such contract documents and to such other prospective bidders as will have requested that they be furnishedwith a copy of each addendum. Failure on the part of the prospective bidder to receive a written interpretation priorto the time of the opening of bids will not be grounds for withdrawal of proposal. Bidder will acknowledge receipt ofeach addendum issued in space provided on appropriate proposal execution page. Oral explanations will not bebinding.

2.14. TAXES

Federal Excise Tax does not apply to materials purchased by the City of Chicago by virtue of Exemption CertificateNo. 36-6005820 and State of Illinois Sales Tax does not apply by virtue of Exemption Certificate No. E9998-1874-07.Illinois Retailers Occupation Tax, Use Tax, and Municipal Retailers Occupation Tax do not apply to materials orservices purchased by the City of Chicago by virtue of Statute. The price or prices quoted herein shall include allother Federal and/or State, direct and/or indirect taxes which apply. The prices quoted herein shall comply with allFederal laws and regulations.

2.15. CONTRACTOR'S FINANCIAL STATEMENT

If requested by the Chief Procurement Officer the bidder will file with the office of the Chief Procurement Officer aCONTRACTOR'S STATEMENT OF EXPERIENCE AND FINANCIAL CONDITION dated not earlier than the end ofthe Contractors last fiscal year period. The Contractor's Statement of Experience and Financial Condition will bekept on file by the Chief Procurement Officer as a representative statement for a period of one (1) year. TheContractor's Statement of Experience and Financial Condition forms are available at the office of the Bid and BondSection, DEPARTMENT OF PROCUREMENT SERVICES, Room 301 City Hall, or may be obtained by addressing arequest to the Chief Procurement Officer, Room 403, City Hall, Chicago, Illinois, 60602. Failure to have a currentContractor's Statement of Experience and Financial Condition form on file with the DEPARTMENT OFPROCUREMENT SERVICES may be cause for the rejection of Contractor's Proposal.

2.16. ORDER OF PRECEDENCE OF COMPONENT CONTRACT PARTS

The order of precedence of the component contract parts will be as follows:1. General Conditions.

2. Addenda, if any.


3. Special Conditions.

4. Plans or City Drawings, if any.

5. Detailed Specifications.

6. Standard Specifications of the City, State or Federal Government, if any.

7. Advertisement for proposals (copy of advertisement to be attached to back of cover).

The foregoing order of precedence will govern the interpretation of the contract in all cases of conflict orinconsistency therein, except as may be otherwise expressly provided by the City.

2.17. NOTICES

All communications and notices to the City herein provided for will be faxed, delivered personally, electronicallymailed or mailed first class, postage prepaid, to the Commissioner of the using department by name and addresslisted on the cover hereof, and to the Chief Procurement Officer, Room 403, City Hall, 121 N. LaSalle Street,Chicago, Illinois 60602.

All communications and notices to the bidder, unless otherwise provided for, will be faxed, delivered personally,electronically mailed or mailed first class, postage prepaid, to the bidder by name and address listed on the proposalhereof.

2.18. NON-DISCRIMINATIONA. Federal Requirements

It is an unlawful employment practice for the Contractor (1) to fail or refuse to hire or to discharge anyindividual, or otherwise to discriminate against any individual with respect to his compensation, or theterms, conditions, or privileges of his employment, because of such individuals race, color, religion, sex,age, handicap or national origin; or (2) to limit, segregate, or classify his employees or applicants foremployment in any way which would deprive or tend to deprive any individual of employmentopportunities or otherwise adversely affect his status as an employee, because of such individuals race,color, religion, sex, age, handicap or national origin.

Contractor must comply with The Civil Rights Act of 1964, 42 U.S.C. sec. 2000 et seq. (1988), asamended. Attention is called to: Exec. Order No. 11,246, 30 Fed. Reg. 12,319 (1965), reprinted in 42U.S.C. 2000(e) note, as amended by Exec. Order No. 11,375, 32 Fed. Reg. 14,303 (1967) and by Exec.Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age Discrimination Act, 42 U.S.C. sec. 6101-6106 (1988);Rehabilitation Act of 1973, 29 U.S.C. sec. 793-794 (1988); Americans with Disabilities Act, 42 U.S.C. sec.12102 et seq.; and 41 C.F.R. Part 60 et seq. (1990); and all other applicable federal laws, rules,regulations and executive orders.

B. State Requirements

Contractor must comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. (1992), as amendedand any rules and regulations promulgated in accordance therewith, including, but not limited to the EqualEmployment Opportunity Clause, 445 Ill. Admin. Code '750 Appendix A. Furthermore, the Contractormust comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq. (1992), asamended; and all other applicable state laws, rules, regulations and executive orders.


C. City Requirements

Contractor must comply with the Chicago Human Rights Ordinance, Ch. 2-160, Section 2-160-010 et seq.of the Chicago Municipal Code (1990), as amended; and all other applicable municipal code provisions,rules, regulations and executive orders. Further, Contractor must furnish or shall cause each of itssubcontractor(s) to furnish such reports and information as requested by the Chicago Commission onHuman Relations.

2.19. INDEMNITY

Contractor must defend, indemnify, keep and hold harmless the City, its officers, representatives, elected andappointed officials, agents and employees from and against any and all Losses, including those related to:

1. injury, death or damage of or to any person or property;

2. any infringement or violation of any property right (including any patent, trademark or copyright);

3. failure to pay or perform or cause to be paid or performed Contractors covenants and obligations as andwhen required under this Contract or otherwise to pay or perform its obligations to any subcontractor;

4. the City’s exercise of its rights and remedies under this Contract; and

5. injuries to or death of any employee of Contractor or any subcontractor under any workers compensationstatute.

"Losses" means, individually and collectively, liabilities of every kind, including Losses, damages and reasonablecosts, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees anddisbursements), claims, demands, actions, suits, proceedings, judgments or settlements, any or all of which inany way arise out of or relate to the acts or omissions of Contractor, its employees, agents and subcontractors.

At the City Corporation Counsels option, Contractor must defend all suits brought upon all such Losses and mustpay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its owncost, in the defense of any suit, without relieving Contractor of any of its obligations under this Contract. Anysettlement must be made only with the prior written consent of the City Corporation Counsel, if the settlementrequires any action on the part of the City.

To the extent permissible by law, Contractor waives any limits to the amount of its obligations to indemnify,defend or contribute to any sums due under any Losses, including any claim by any employee of Contractor thatmay be subject to the Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicialdecision (such as, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991)). The City, however, does notwaive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois PensionCode or any other statute.

The indemnities in this section survive expiration or termination of this Contract for matters occurring or arisingduring the term of this Contract or as the result of or during the Contractors performance of services beyond theterm. Contractor acknowledges that the requirements set forth in this section to indemnify, keep and saveharmless and defend the City are apart from and not limited by the Contractor's duties under this Contract,including the insurance requirements set forth in the Contract.

2.20. EMPLOYMENT

The Contractor must comply with AN ACT to give preference to the veterans of the United States military and navalservice in appointments and employment upon public works, by, or for the use of, the State of its politicalsubdivisions, approved June 12, 1935, as amended. Attention is called to Chapter 126-1/2, Section 23, Ill. Rev.Stats. 1987.


2.21. INDEPENDENT CONTRACTOR

This Contract is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture,partnership, corporation or other formal business association or organization of any kind between Contractor and theDepartment. The rights and the obligations of the parties are only those set forth in this Contract. Contractor mustperform under this Contract as an independent contractor and not as a representative, employee, agent, or partnerof the City.

This Contract is between the Department and an independent contractor and, if Contractor is an individual, nothingprovided for under this Contract constitutes or implies an employer-employee relationship such that:

The Department and the City will not be liable under or by reason of this Contract for the payment of anycompensation award or damages in connection with the Contractor performing the Services required under thisContract.

Neither Contractor nor its employees are entitled to membership in any City Pension Fund, Group Medical InsuranceProgram, Group Dental Program, Group Vision Care, Group Life Insurance Program, Deferred Income Program,vacation, sick leave, extended sick leave, or any other benefits ordinarily provided to individuals employed and paidthrough the regular payrolls of the City.

(iii) The City is not required to deduct or withhold any taxes, FICA or other deductions from any compensationprovided to Contractor.

2.22. SAFETY AND LOSS CONTROL

The Contractor, its agents, employees, material suppliers and subcontractors, will perform all work on the project in asafe and responsible manner. The Contractor, its agents, employees, material suppliers, and subcontractors arerequired to maintain compliance with all local, state and federal regulatory requirements and current versions ofapplicable consensus standards (incorporated by reference), pertaining to the work being performed. This includes,but is not limited to the requirements of the City of Chicago Municipal Code, Illinois Department of Labor (IDOL),Illinois Department of Transportation (IDOT), Illinois Environmental Protection Agency (ILEPA), the OccupationalSafety and Health Administration (OSHA), Department of Transportation (DOT) and the Environmental ProtectionAgency (EPA) where applicable.

Minimum requirements of the Contractors accident/incident prevention program include, but are not limited to thefollowing:

A training program that includes safety and the identification of worksite hazards.

Standard operating procedures, applicable directives, rules and regulations, which promote rather than discouragesafe operating procedures, (i.e., encouraging employees to report unsafe conditions, to participate in investigations,and to report all work related injuries and illnesses immediately, or as soon as possible).

Implementation of an Accident/Incident Reporting Program, which includes first-aid and injury treatment proceduresat the job site and the use of the nearest medical facility. The Program must also include procedures for reportingincidents involving near misses or damage to City equipment and/or property. Procedures must ensure that injuredor medically ill persons receive prompt first-aid and/or medical treatment and that every accident/incident occurringon City property, is promptly reported to Contractor management and the Commissioner. A completed report of theaccident/incident must be promptly submitted to the Commissioner.

Develop an Emergency Evacuation/Disaster Control Plan consistent with the Commissioner's requirements. Theplan must include applicable names and telephone numbers of Contract Management. The Contractor mustcommunicate the contents of the plan to its employees and subcontractors. The Contractor's employees andsubcontractors must be trained in the use of the emergency procedures. Copies of the plan must be provided to theCommissioner.

Contractors must also comply with the safety and health requirements of the Commissioner. The Commissioner mayat any time, require additional provisions, if such are deemed necessary for public safety or convenience.


The Contractor's attention is directed to the Health and Safety Act of the State of Illinois, 8209 ILCS 225/3 etseq. The rules pursuant to this Act are on file with the Secretary of State of Illinois and are identical in every respectwith the standards in effect under the Federal OSHA law, pursuant to orders of the Illinois IndustrialCommission. The Federal and State standards require that the Contractor provide reasonable protection to the lives,health, and safety of all persons employed under this Contract. Such act and rules and the applicable parts thereofmust be considered as part of this Contract.

The Contractor and subcontractors must comply with said requirements, standards, and regulations, as required; andbe directly responsible for compliance therewith on the part of its said agents, employees, and materialsuppliers. The Contractor and subcontractors must directly receive, respond to, defend and be responsible for allcitations, assessments, fines or penalties which may be incurred by reason of its failure on the part of its agents,employees, or material suppliers to so comply.

2.23. LIVING WAGE ORDINANCENot applicable.

2.24. PREVAILING WAGE RATES

Not applicable.

2.25. DAVIS BACON ACT

In the performance of the Work, you are fully responsible for paying not less than the prevailing rate of wages asdetermined by the US Department of Labor, which must be paid to all laborers, mechanics and other workersperforming Work under this Contract.

Your attention is called to the generally prevailing hourly rate of wages as determined by the US Department ofLabor, which are included in these specifications and which are incorporated into the Contract. The wage rates setforth in these specifications were the rates in effect at the time these specifications were issued. If the USDepartment of Labor revises the prevailing rate of hourly wages to be paid for the Work before completion of theProject, re revised rate applies to this Contract from the effective date of the revision, but the revision does not entitleyou to any increased compensation under the terms of this contract.

You must comply and assure compliance with the requirements of the Davis Bacon Act (40 USC 276a through276a-5) as defined by the US Department of Labor and 29 CFR Part 5 (US Dept. of Labor regulation “LaborStandards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also LaborStandards Provisions Applicable to Non-construction Contracts Subjects to the Contract Work and Safety StandardsAct). In addition to other requirements that may apply.

You must pay laborers and mechanics performing Contract Work at a rate not less than the minimum wage specifiedin a wage determination issued by the U.S. Secretary of Labor and not less frequently than once a week. You mustplace a copy of the current prevailing wage determination issued by the US Department of Labor in each solicitationfor Subcontractor work under the Project, and must refrain from awarding any affected subcontract until theSubcontractor agrees to the required wage determination.

As a condition of making payment to you, the City may require you to submit an affidavit to the effect that not lessthan the prevailing hourly wage rate is being paid to laborers, mechanics, and other workers employed on thisContract in accordance with Illinois law and the Davis-Bacon Act.


See provisions in this document for IEPA and ARRA requirements for additional provisions concerning wage rates.

2.26. USEPA/IEPA ARRA DAVIS-BACON GUIDANCE

I. In addition to the Davis-Bacon wage requirements of this document the following provisions shall apply to allcontracts above $2,000 in value.

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not lessoften than once a week, and without subsequent deduction or rebate on any account (except such payroll deductionsas are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3), the fullamount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed atrates not less than those contained in the wage determination of the Secretary of Labor which is included herein andmade a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractorand such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject tothe provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more thana weekly period (but not less than quarterly) under plans, funds, or programs which cover the particular weeklyperiod, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanicsshall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of workactually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing workin more than one classification may be compensated at the rate specified for each classification for the time actuallyworked therein: Provided, that the employer's payroll records accurately set forth the time spent in eachclassification in which work is performed. The wage determination (including any additional classification and wagerates conformed under paragraph (a)1(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted atall times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where itcan be easily seen by the workers.

Davis Bacon wage determination from the U.S. Department of Labor's (DOL) web site, www.wdol.gov.

(ii)(A) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and whichis to be employed under the contract shall be classified in conformance with the wage determination. The USEPAContract award official shall approve an additional classification and wage rate and fringe benefits therefore onlywhen the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wagedetermination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wagerates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or theirrepresentatives, and the City agree on the classification and wage rate (including the amount designated for fringebenefits where appropriate), a report of the action taken shall be sent by the City to IEPA. IEPA will transmit thereport, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Departmentof Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify or


disapprove every additional classification action within 30 days of receipt and so advise IEPA or will notify IEPAwithin the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or theirrepresentatives, and the City do not agree on the proposed classification and wage rate (including the amountdesignated for fringe benefits, where appropriate), the award official shall refer the questions, including the views ofall interested parties and the recommendation of the award official, to the Administrator for determination. TheAdministrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise thecontracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the firstday on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes afringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in thewage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as partof the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringebenefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of thecontractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may requirethe contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding, the City shall upon written request of the USEPA Award Official or an authorized representative ofthe Department of Labor withhold or cause to be withheld from the contractor under this contract or any otherFederal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Baconprevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments oradvances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, andhelpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In theevent of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working onthe site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to thecontractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the workand preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name, address, and social security number of each such worker, his or her correctclassification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringebenefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily andweekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor hasfound under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costsreasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, and that the plan or program has beencommunicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or theactual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approvedprograms shall maintain written evidence of the registration of apprenticeship programs and certification of traineeprograms, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicableprograms.


(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrollsto the City, that is, the entity that receives the sub-grant or loan from IEPA.

Such documentation shall be available on request of IEPA or USEPA. As to each payroll copy received, the Cityshall provide written confirmation in a form satisfactory to IEPA indicating whether or not the project is in compliancewith the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. Thepayrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weeklypayrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.,the last four digits of the employee's social security number). Form WH347 is available for this purpose from theWage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. Theprime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors andsubcontractors shall maintain the full social security number and current address of each covered worker, and shallprovide them upon request to the City for transmission to 1EPA or USEPA, if requested by USEPA, the contractor, orthe Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance withprevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor toprovide addresses and social security numbers to the prime contractor for its own records, without weeklysubmission to the City.

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor orsubcontractor or his or her agent who pays or supervises the payment of the persons employed under the contractand shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) ofRegulations, 29 CFR Part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29CFR Part 5, and that such information is correct and complete.

(2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contractduring the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, andthat no deductions have been made either directly or indirectly from the full wages earned, other than permissibledeductions as set forth in Regulations, 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cashequivalents for the classification of work performed, as specified in the applicable wage determination incorporatedinto the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B)of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminalprosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section availablefor inspection, copying, or transcription by authorized representatives of IEPA, USEPA or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor orsubcontractor fails to submit the required records or to make them available, the Federal agency or IEPA may, afterwritten notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause thesuspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required


records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR5.12.

(4) Apprentices and trainees –

(i) Apprentices. Apprentices will be permitted to work at less than predetermined rate for the work they performedwhen they are employed pursuant to and individually registered in a bona fide apprenticeship program registeredwith the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training,Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person isemployed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeshipprogram, who is not individually registered in the program, but who has been certified by the Office of ApprenticeshipTraining, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible forprobationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in anycraft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under theregistered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwiseemployed as stated above, shall be paid not less than the applicable wage rate on the wage determination for theclassification of work actually performed. In addition, any apprentice performing work on the job site in excess of theratio permitted under the registered program shall be paid not less than the applicable wage rate on the wagedetermination for the work actually performed. Where a contractor is performing construction on a project in a localityother than that in which its program is registered, the ratios and wage rates (expressed in percentages of thejourneyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's levelof progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wagedetermination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeshipprogram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount offringe benefits listed on the wage determination for the applicable classification. If the Administrator determines thata different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with thatdetermination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a StateApprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractorwill no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the workperformed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than thepredetermined rate for the work performed unless they are employed pursuant to and individually registered in aprogram which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater thanpermitted under the plan approved by the Employment and Training Administration. Every trainee must be paid atnot less than the rate specified in the approved program for the trainee's level of progress, expressed as apercentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paidfringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mentionfringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless theAdministrator of the Wage and Hour Division determines that there is an apprenticeship program associated with thecorresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits forapprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a trainingplan approved by the Employment and Training Administration shall be paid not less than the applicable wage rateon the wage determination for the classification of work actually performed. In addition, any trainee performing workon the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicablewage rate on the wage determination for the work actually performed. In the event the Employment and TrainingAdministration withdraws approval of a training program, the contractor will no longer be permitted to utilize traineesat less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be inconformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFRpart 30.


(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR5.5(a)(1) through (10) and such other clauses as the USEPA determines may be appropriate, and also a clauserequiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall beresponsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for terminationof the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Baconand Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shallnot be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with theprocedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of thisclause include disputes between the contractor (or any of its subcontractors) and subrecipients, IEPA, USEPA, theU.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who hasan interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue ofsection 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contractby virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

II. The following additional Provision shall apply to for contracts with a value in excess of $100,000.

(a) Contract Work Hours and Safety Standards Act. This contact is subject to the overtime provisions of the ContractWork Hours and Safety Standards Act. These provisions are in addition to the clauses required by the Davis-Baconrequirements above or 29 CFF 4.6. As used in this paragraph, the terms laborers and mechanics shall includewatchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which mayrequire or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic inany workweek in which he or she is employed on such work to work in excess of forty hours in such workweekunless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rateof pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth inparagraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable to theUnited States (in the case of work done under contract for the District of Columbia or a territory, to such District or to


such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individuallaborer or mechanic, including watchmen and guards, employed in violation of the clauses set forth in paragraph(b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted towork in excess of the standard workweek of forty hours without payment of the overtime wages required by theclause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The City, upon written request of the USEPA AwardOfficial or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, form anymoneys payable on account of work performed by the contractor or subcontractor under any such contract or anyother Federal contract with the same prime contractor, or any other federally-assisted contract su7bject to theContract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may bedetermined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages andliquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lowertier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

(a) The contractor or subcontractors shall maintain payrolls and basic payroll records during the course of the workand shall preserve them for a period of three years from the completion of the contract for all laborers andmechanics, including guards and watchmen, working on the contract. Such records shall contain the name andaddress of each such employee, social security number, correct classifications, hourly rates of wages paid, daily andweekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under thisparagraph shall be made available by the contractor or subcontractors for inspection, copying, or transcription byauthorized representatives of the IEPA, USEPA and the Department of Labor, and the contractor or subcontractorswill permit such representatives to interview employees during working hours on the job

III. Davis-Bacon Compliance Verification

(a) The City will periodically interview a sufficient number of employees entitled to DB prevailing wages (coveredemployees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29CFR 5.6(a)(6), all interviews must be conducted in confidence. The City will use Standard Form 1445 or equivalentdocumentation to memorialize the interviews. Copies of the SF 1445 are available from USEPA on request.

(b) The City will establish and follow an interview schedule based on its assessment of the risks of noncompliancewith DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, theCity will conduct interviews with a representative group of covered employees within two weeks of each contractor orsubcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date forthe contract or subcontract. The City will conduct more frequent interviews if the initial interviews or other informationindicates that there is a risk that the contractor or subcontractor is not complying with DB. The City will immediatelyconduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviewswill be conducted in confidence.

(c) The City will periodically conduct spot checks of a representative sample of weekly payroll data to verify thatcontractors and subcontractors are paying the appropriate wage rates. The City will establish and follow a spot checkschedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors andthe duration of the contract or subcontract. At a minimum, the City will spot check payroll data within two weeks ofeach contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date thecontract or subcontract. The City will conduct more frequent spot checks if the initial spot check or other informationindicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the


examinations the City will verify evidence of fringe benefit plans and payments thereunder by contractors andsubcontractors who claim credit for fringe benefit contributions.

(d) The City will periodically review contractors and subcontractors use of apprentices and trainees to verifyregistration and certification with respect to apprenticeship and training programs approved by either the U.S.Department of Labor or a state, as appropriate, and that contractors and subcontractors are not usingdisproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordancewith the schedules for spot checks and interviews described in Item 5(b) and (c) above.

(e) The City will immediately report potential violations of the DB prevailing wage requirements to the USEPA DBcontact listed above and to the appropriated DOL Wage and Hour District Office listed athttp://www.dol.goviesaicontacts/whd/america2.htm.

2.27. PAYMENT TO CONTRACTOR

Work performed under this contract is interpreted to include materials to be furnished under this contract which aresuitably stored at the site of the work. Unless otherwise provided in Special Conditions, which will be subject to theprovisions of Chapter 26-13 of the Municipal Code of Chicago, the Chief Procurement Officer may from time to time,in cases where the Contractor must proceed properly to perform and complete his contract, grant to such Contractoras the work progresses an estimate of the amount already earned. All partial payment estimates shall be subject tocorrection by the final estimate.

Waivers from Subcontractors and Suppliers indicating that they have received their share from the Contractor of theprevious partial payment to the Contractor must be presented concurrently by the Contractor when he presents anestimate for a partial payment.

The Chief Procurement Officer may, whenever he have reason to believe that the Contractor has neglected or failedto pay any subcontractors, workmen or employees for work performed or for materials furnished and used in or aboutthe work contracted for, order and direct that no future vouchers or estimates be issued and no further payments bemade upon the contract until said Chief Procurement Officer has been satisfied that such subcontractors, workmenand employees have been fully paid, and the reserve sum referred to in the above stated Chapter 26-13 has notbeen payable until the Contractor has satisfied the Chief Procurement Officer that all subcontractors, material men,workmen and employees have been fully paid.

Whenever the Chief Procurement Officer notifies the Contractor, by notice personally served or by mailing a copythereof to the Contractor to his office as shown by his bid, that no further vouchers or estimates will be issued orpayments made on the contract until subcontractors, workmen and employees have been paid, and the Contractorneglect or refuse for the period of ten (10) calendar days after such notice is given, as above provided for, to paysuch subcontractors, workmen and employees, the City may then apply any money due or that may become dueunder the contract to the payment of such subcontractors, workmen and employees without other or further notice tosaid Contractor; but failure of the City to retain and apply such moneys, or of the Chief Procurement Officer to orderor direct that no vouchers or estimates shall be issued or further payments be made shall not, nor shall the payingover of such reserve sum without such subcontractors, workmen or employees being first paid, in any way affect theliability of the Contractor or of his sureties to the City, or to any such subcontractors, workmen or employees uponany bond given in connection with such contract.

Before final payment is made under the contract, and as a condition precedent to such final payment, the Contractorshall furnish waivers of all liens and satisfactory guarantees against all claims on account of work performed, toolsand plant employed, and material and labor furnished under the contract. The Contractors shall not be entitled todemand or receive final payment until all the stipulations, provisions and conditions set forth in the contract havebeen complied with, and the work has been accepted by the Commissioner, whereupon the City will, at the


expiration of thirty (30) calendar days after such completion and acceptance, pay the whole account of money duethe Contractor under the contract.

The acceptance by the Contractor of the final payment above mentioned shall operate as and shall be a release tothe City from all claims or liability under this contract for anything done or furnished or relating to the work under thiscontract, or for any act or neglect of the City relating to or connected with this contract.

2.28. COOPERATION BETWEEN CONTRACTORS

Unless otherwise provided in Special Conditions, if separate contracts are let for work within or adjacent to theproject site as may further be hereinafter detailed in the contract documents, each Contractor must conduct his workso as not to interfere with or hinder the progress of completion of the work being performed by other contractors.

Each Contractor involved must assume all liability, financial or otherwise, in connection with his contract, and shallprotect and save harmless the City from any and all damages or claims that may arise because of inconvenience,delay, or loss experienced by him because of the presence and operations of other contractors working within thelimits of the same improvement. Each Contractor must assume all responsibility for all work not completed oraccepted because of the presence and operations of the other contractors.

The Contractor must as far as possible, arrange his work and place and dispose of the materials being used, so asnot to interfere with the operations of the other contractors within or adjacent to the limits of the projectsite. Contractor must join his work with that of the others in an acceptable manner and shall perform it in propersequence to that of the others.

2.29. SUBLETTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDS

No contract will be assigned or any part of the same sub-contracted without the written consent of the ChiefProcurement Officer; but in no case will such consent relieve the Contractor from his obligations, or change the termsof the contract.

The Contractor will not transfer or assign any contract funds or claims due or to become due without the writtenapproval of the Chief Procurement Officer having first been obtained.

The transfer or assignment of any contract funds either in whole or in part, or any interest therein, which will be dueor to become due to the Contractor, will cause the annulment of said transfer or assignment so far as the City isconcerned.

2.30. SUBCONTRACTORS

The Contractor must notify the Chief Procurement Officer, in writing, of the names of all subcontractors to be usedand will not employ any that the Chief Procurement Officer may object to.

The Contractor will not subcontract any portion of the services or work to be performed hereunder without the priorwritten consent of the Chief Procurement Officer. The Subcontracting of the services or work or any portion thereofwithout the prior written consent of the Chief Procurement Officer will be null and void. The Contractor will not makeany substitution of a subcontractor without the written consent of the Chief Procurement Officer. The substitution ofa subcontractor without the prior written consent of the Chief Procurement Officer will be null and void. The ChiefProcurement Officer's consent will not relieve the Contractor from any of its obligations under the Contract.

The Contractor will subcontract with only competent and responsible subcontractors. If, in the judgment of theCommissioner or the Chief Procurement Officer, any subcontractor is careless, incompetent, violates safety or


security rules, obstructs the progress of the services, acts contrary to instructions, acts improperly, is not responsible,is unfit, is incompetent, violates any laws applicable to this Contract, or fails to follow the requirements of thisContract, then the Contractor will, immediately upon notice from the Commissioner or the Chief Procurement Officer,discharge or otherwise remove such subcontractor.

2.31. SUBCONTRACTORS WITH DISABILITIES

The City encourages Contractors to use Subcontractors that are firms owned or operated by individuals withdisabilities, as defined by Section 2-92-586 of the Municipal Code of the City of Chicago, where not otherwiseprohibited by federal or state law.

2.32. SUBCONTRACTOR PAYMENTS

Contractor must submit a status report of Subcontractor payments with each invoice for the life of the contract on the“Subcontractor Payment Certification” form required by the City. The form can be downloaded from the City'swebsite at http://egov.cityofchicago.org/webportal/COCWebPortal/COC_EDITORIAL/subcompliance.pdf.

The statement must list the following for Contractor and for each Subcontractor and supplier for the period for whichpayment is requested:

(i) Total amount invoiced by the Contractor for the prior month;(ii) The name of each particular Subcontractor or supplier utilized during the prior month;(iii) Indication if the Subcontractor or supplier is acting as an MBE, WBE, DBE, or non-certified firm on this

contract;(iv) The vendor/supplier number of each Subcontractor or supplier;(v) Total amount invoiced that is to be paid to each Subcontractor or supplier.

If a Subcontractor has satisfactorily completed its services, or provided specified materials in accordance with therequirements of the Contract, Contractor must pay Subcontractor for such work or materials within fourteen (14)calendar days of Contractor receiving payment from the City.

2.33. DEMURRAGE AND RE-SPOTTING

The City will be responsible for demurrage charges only when such charges accrue because of the City's negligencein unloading the material.

The City will pay railroad charges due to the re-spotting of cars, only when such re-spotting is ordered by the City.

2.34. MATERIALS INSPECTION AND RESPONSIBILITY

The City, by its engineering agencies, will have a 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 controlled materials or other materials andequipment required under this contract.

The Contractor must be responsible for the contracted quality and standards of all materials, components orcompleted work furnished under this contract up to the time of final acceptance by the City.

Materials, components or completed work not complying therewith may be rejected by the Chief Procurement Officerand must be replaced by the Contractor at no cost to the City.


Any materials or components rejected must be removed within a reasonable time from the premises of the City at theentire expense of the Contractor, after written notice has been mailed by the City to the Contractor that suchmaterials or components have been rejected.

2.35. CASH BILLING TERMS

Any cash billing discounts offered will not be considered in the evaluation of bids.

2.36. SUPERVISION

The Contractor must personally supervise the work or will have a competent person at the site at all times to act forContractor.

2.37. PLANS OR DRAWINGS AND SPECIFICATIONS CO-OPERATIVE

Plans or drawings mentioned in the specifications will be so considered that any material shown on plans ordrawings and not therein specified, or material therein specified and not shown on plans or drawings, will beexecuted by the Contractor the same as though it were both shown and specified.

2.38. PERMITS

Unless otherwise provided in the Special Conditions, the Contractor must take out, at Contractor’s own expense, allpermits and licenses necessary to carry out the work described in this contract.

2.39. AUDITS

The City may in its sole discretion audit the records of Contractor or its Subcontractors, or both, at any time duringthe term of this Contract or within five (5) years after the Contract ends, in connection with the goods, work, orservices provided under this Contract. Each calendar year or partial calendar year is considered an auditedperiod. If, as a result of such an audit, it is determined that Contractor or any of its Subcontractors has overchargedthe City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City forany amounts the City has paid Contractor due to the overcharges and also some or all of the cost of the audit, asfollows:

A. If the audit has revealed overcharges to the City representing less than five percent (5%) of the totalvalue, based on the contract prices, of the goods, work, or services provided in the audited period,then the Contractor must reimburse the City for fifty percent (50%) of the cost of the audit and fiftypercent (50%) of the cost of each subsequent audit that the City conducts;

B. If, however, the audit has revealed overcharges to the City representing five percent (5%) or more ofthe total value, based on the contract prices, of the goods, work, or services provided in the auditedperiod, then Contractor must reimburse the City for the full cost of the audit and of each subsequentaudit.

Failure of Contractor to reimburse the City in accordance with A or B above is an event of default under this Contract,and Contractor will be liable for all of the City’s costs of collection, including any court costs and attorneys fees.

2.40. TIME AND PROGRESS

It is understood and agreed that TIME IS OF THE ESSENCE OF CONTRACT, and the Contractor agrees to beginactual work covered by this contract in conformity with the provisions set forth herein and to prosecute the same withall due diligence, so as to complete the entire work under this contract within the calendar days stipulated after thedate for commencement of work as specified in the written notification to the Contractor from the Commissioner,using double shift and holiday work when necessary.


Unless otherwise provided in Special Conditions, the Contractor must submit to the Commissioner for approval,within five (5) calendar days after the effective date of this contract, a TIME SCHEDULE for performing operationsunder this contract which will insure the satisfactory completion of the entire work within the time hereinafterspecified. When approved and accepted by the Commissioner, the Contract shall prosecute the work under thiscontract so that the actual work completed shall be not less than required by such approved TIME SCHEDULE forperforming operations under this contract which will insure the satisfactory completion of the entire work within thetime hereinafter specified. When approved and accepted by the Commissioner, the Contractor shall prosecute thework under this contract so that the actual work completed shall be not less than required by such approved TIMESCHEDULE.

If the rate of progress be such that the total amount of work accomplished by the Contractor within any timementioned in such approved TIME SCHEDULE is less than the amount therein specified to be completed within suchtime, then the Chief Procurement Officer may declare this contract in default as provided herein.

2.41. PROVISIONS RELATIVE TO DELAY

Should the Contractor be obstructed or delayed in the commencement, prosecution or completion of the work underthis contract by any act or delay of the City or by order of the Commissioner, howsoever caused, then the time hereinfixed for the completion of said work will be extended for a period equivalent to the time lost by reason of such actsor delays of the City or orders of the Commissioner.

It is otherwise understood that no extension of time will be granted to the Contractor unless Contractor, immediatelyupon knowledge of the causes of an unavoidable delay, first notifies the Commissioner and Chief ProcurementOfficer in writing, stating the approximate number of days he expects to be delayed.

The Contractor must also make a request in writing to the Commissioner and Chief Procurement Officer for anextension of time within ten (10) calendar days after the cessation of the delay. Compliance by the Contractor withthe requirements set forth in this paragraph are conditions precedent to the granting of an extension of time and it ishereby agreed that in case of failure to comply with said requirements, the Contractor shall not be entitled to anextension of time.

The Chief Procurement Officer and the Commissioner will determine the number of days, if any, that the Contractorhas been delayed. Such determination when approved and authorized in writing by the Mayor, Comptroller and theChief Procurement Officer, will be final and binding.

It is further expressly understood and agreed that the Contractor shall not be entitled to any damages orcompensation from the City, or be reimbursed for any loss or expense on account of any delay or delays resultingfrom any of the causes aforesaid.

2.42. PRICE REDUCTION

If at any time after the date of the bid or offer the Contractor makes a general price reduction in the comparable priceof any material covered by the contract to customers generally, an equivalent price reduction based on similarquantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price isfurther reduced). Such price reduction will be effective at the same time and in the same manner as the reduction inthe price to customers generally. For purpose of this provision, a general price reduction will mean any horizontalreduction in the price of an article or service offered (1) to Contractors customers generally, or (2) in the Contractor'sprice schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis forbidding on this contract. An occasional sale at a lower price, or sale of distressed merchandise at a lower price,would not be considered a general price reduction under this provision. The Contractor must invoice the orderingoffices at such reduced prices indicating on the invoice that the reduction is pursuant to the Price Reduction


provision of the contract documents. The Contractor, in addition, must within ten (10) calendar days of any generalprice reduction notify the Chief Procurement Officer of the City of Chicago of such reduction by letter. Failure to doso may require termination of the contract. Upon receipt of any such notice of a general price reduction all orderingoffices will be duly notified by the Chief Procurement Officer.

The Contractor must furnish, within ten (10) calendar days after the end of the contract period, a statement certifyingeither:

1. that no general price reduction, as defined above, was made after the date of the bid or offer; or2. if any such general price reductions were made, that is provided above, they were reported to the Chief

Procurement Officer within ten (10) calendar days, and ordering offices were billed at the reduced prices.

Where one or more such general price reductions were made, the statement furnished by the Contractor mustinclude with respect to each price reduction:

1. the date when notice of any such reduction was issued;2. the effective date of the reduction; and3. the date when the Chief Procurement Officer was notified of any such reduction.

2.43. PROHIBITION ON CERTAIN CONTRIBUTIONS – MAYORAL EXECUTIVE ORDER NO. 05-1

Contractor agrees that Contractor, any person or entity who directly or indirectly has an ownership or beneficialinterest in Contractor of more than 7.5 percent ("Owners"), spouses and domestic partners of such Owners,Contractor’s Subcontractors, any person or entity who directly or indirectly has an ownership or beneficial interest inany Subcontractor of more than 7.5 percent (“Sub-owners”) and spouses and domestic partners of such Sub-owners(Contractor and all the other preceding classes of persons and entities are together, the “Identified Parties”), shall notmake a contribution of any amount to the Mayor of the City of Chicago (the “Mayor”) or to his political fundraisingcommittee (i) after execution of this bid, proposal or Agreement by Contractor, (ii) while this Agreement or any OtherContract is executory, (iii) during the term of this Agreement or any Other Contract between Contractor and the City,or (iv) during any period while an extension of this Agreement or any Other Contract is being sought or negotiated.

Contractor represents and warrants that since the date of public advertisement of the specification, request forqualifications, request for proposals or request for information (or any combination of those requests) or, if notcompetitively procured, from the date the City approached the Contractor or the date the Contractor approached theCity, as applicable, regarding the formulation of this Agreement, no Identified Parties have made a contribution ofany amount to the Mayor or to his political fundraising committee.

Contractor agrees that it shall not: (a) coerce, compel or intimidate its employees to make a contribution of anyamount to the Mayor or to the Mayor’s political fundraising committee; (b) reimburse its employees for a contributionof any amount made to the Mayor or to the Mayor’s political fundraising committee; or (c) bundle or solicit others tobundle contributions to the Mayor or to his political fundraising committee.

Contractor agrees that the Identified Parties must not engage in any conduct whatsoever designed to intentionallyviolate this provision or Mayoral Executive Order No. 05-1 or to entice, direct or solicit others to intentionally violatethis provision or Mayoral Executive Order No. 05-1.

Contractor agrees that a violation of, non-compliance with, misrepresentation with respect to, or breach of anycovenant or warranty under this provision or violation of Mayoral Executive Order No. 05-1 constitutes a breach anddefault under this Agreement, and under any Other Contract for which no opportunity to cure will be granted. Suchbreach 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. This provision amends any Other Contract and supersedesany inconsistent provision contained therein.

If Contractor violates this provision or Mayoral Executive Order No. 05-1 prior to award of the Agreement resultingfrom this specification, the Chief Procurement Officer may reject Contractor’s bid.

For purposes of this provision:

“Bundle” means to collect contributions from more than one source which are then delivered by one person to theMayor or to his political fundraising committee.

“Other Contract" means any other agreement with the City of Chicago to which Contractor is a party that is (i) formedunder the authority of chapter 2-92 of the Municipal Code of Chicago; (ii) entered into for the purchase or lease ofreal or personal property; or (iii) for materials, supplies, equipment or services which are approved or authorized bythe city council.

"Contribution" means a "political contribution" as defined in Chapter 2-156 of the Municipal Code of Chicago, asamended.

Individuals are “Domestic Partners” if they satisfy the following criteria:

A. they are each other's sole domestic partner, responsible for each other's common welfare; andB. neither party is married; andC. the partners are not related by blood closer than would bar marriage in the State of Illinois; andD. each partner is at least 18 years of age, and the partners are the same sex, and the partners

reside at the same residence; andE. two of the following four conditions exist for the partners:

1. The partners have been residing together for at least 12 months.2. The partners have common or joint ownership of a residence.3. The partners have at least two of the following arrangements:

a. joint ownership of a motor vehicle;b. a joint credit account;c. a joint checking account;d. a lease for a residence identifying both domestic partners as tenants.

4. Each partner identifies the other partner as a primary beneficiary in a will.

"Political fundraising committee" means a "political fundraising committee" as defined in Chapter 2-156 of theMunicipal code of Chicago, as amended.

2.44. CONFLICTS OF INTEREST

No member of the governing body of the City of Chicago or other unit of government and no other officer, employeeor agent of the City of Chicago or other unit of government who exercises any functions or responsibilities inconnection with the carrying out of the project will have any personal or financial interests, direct or indirect, in thecontract.

The Contractor covenants that he presently has no interest and will not acquire any interest, direct or indirect, in theproject to which the contract pertains which would conflict in any manner or degree with the performance of its workhereunder. The Contractor further covenants that in its performance of the contract no person having any suchinterest shall be employed.


2.45. DISCLOSURE OF OWNERSHIP

Pursuant to Chapter 2-154 of the Municipal Code of the City of Chicago, any person, business entity or agencysubmitting a bid or proposal to or contracting with the City of Chicago will be required to complete the Disclosure ofOwnership Interests in the attached Economic Disclosure Statement and Affidavit. Failure to provide complete oraccurate disclosure will render this Agreement voidable.

2.46. DISCLOSURE OF RETAINED PARTIES - EXECUTIVE ORDER 97-1

The bidder is required to execute the Disclosure of Retained Parties Section of the Economic Disclosure Statementand Affidavit required by Executive Order 97-1. Refusal to execute the Disclosure of Retained Parties section of theEconomic Disclosure Statement and Affidavit will result in the Chief Procurement Officer declaring the bidder non-responsible, moreover, if a bidder is deemed non-responsible under this provision, the bidder's status as a non-responsible bidder may apply to the bidder's subsequent bids.

2.47. GOVERNMENTAL ETHICS ORDINANCE

Contractor must comply with Chapter 2-156 of the Municipal Code of Chicago, Governmental Ethics, including butnot limited to Section 2-156-120 of this Chapter pursuant to which no payment, gratuity or offer of employment will bemade in connection with any City contract, by or on behalf of a subcontractor to the prime Contractor or higher tiersubcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. Anycontract negotiated, entered into, or performed in violation of any of the provisions of this Chapter will be voidable asto the City.

2.48. CHAPTER 2-26 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF COMPLIANCE

Contractor understands and must abide by all provisions of Chapter 2-26 of the Municipal Code pertaining to theOffice of Compliance.

2.49. CHAPTER 2-56 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF INSPECTOR GENERAL

It is the duty of any bidder, proposer, or Contractor, all subcontractors, and every applicant for certification ofeligibility for a City contract or program, and all officers, directors, agents, partners, and employees of any bidder,proposer, contractor, or such applicant to cooperate with the Inspector General in any investigation or hearingundertaken pursuant to Chapter 2-56 of the Chicago Municipal Code. The Contractor understands and will abide byall provisions of Chapter 2-56 of the Municipal Code of Chicago. Contractors must inform subcontractors of thisprovision and require understanding and compliance herewith.

2.50. SECTION 2-92-380 OF THE MUNICIPAL CODE OF CHICAGOa. In accordance with Section 2-92-380 of the Municipal Code of Chicago and in addition to any other rights

and remedies (including any of set-off) available to the City of Chicago under the contract or permitted atlaw or in equity, the City will be entitled to set off a portion of the contract price or compensation dueunder the contract, in an amount equal to the amount of the fines and penalties for each outstandingparking violation complaint and the amount of any debt owed by the contracting party to the City. Forpurposes of this section, outstanding parking violation complaint means a parking ticket, notice of parkingviolation, or parking violation complaint on which no payment has been made or appearance filed in theCircuit Court of Cook County within the time specified on the complaint. debt means a specified sum ofmoney owed to the City for which the period granted for payment has expired.

b. Notwithstanding the provisions of subsection (a), above, no such debt(s) or outstanding parking violationcomplaint(s) will be offset from the contract price or compensation due under the contract if one or moreof the following conditions are met:


1. the contracting party has entered into an agreement with the Department of Revenue, or otherappropriate City department, for the payment of all outstanding parking violation complaints anddebts owed to the City and the Contracting party is in compliance with the agreement; or

2. the contracting party is contesting liability for or the amount of the debt in a pendingadministrative or judicial proceeding; or

3. the contracting party has filed a petition in bankruptcy and the debts owed the City aredischargeable in bankruptcy.

2.51. SECTION 11-4-1600(E) OF THE MUNICIPAL CODE OF CHICAGO

In accordance with Section 11-4-1600(e) of the Municipal Code of Chicago, Contractor warrants and represents thatit, and to the best of its knowledge, its Subcontractors have not violated and are not in violation of the followingsections 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 ;

11-4-1530 Compliance with rules and regulations required;

11-4-1550 Operational requirements; and

11-4-1560 Screening requirements.

During the period while this Contract is executory, Contractor’s or any Subcontractor’s violation of the WasteSections, whether or not relating to the performance of this Contract, constitutes a breach of and an event of defaultunder this Contract, for which the opportunity to cure, if curable, will be granted only at the sole discretion of theChief Procurement Officer. Such breach and default entitles the City to all remedies under the Contract, at law or inequity.

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 theyappear in this Contract.

Non-compliance with these terms and conditions may be used by the City as grounds for the termination of thisContract, and may further affect the Contractor's eligibility for future contract awards.

2.52. BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS

Pursuant to Section 2-156-030(b) of the Municipal Code of the City of Chicago, it is illegal for any elected official ofthe city, or any person acting at the direction of such official, to contact, either orally or in writing, any other cityofficial or employee with respect to any matter involving any person with whom the elected official has a businessrelationship, or to participate in any discussion in any city council committee hearing or in any city council meeting orto vote on any matter involving the person with whom an elected official has a business relationship. Violation ofSection 2-156-030(b) by any elected official with respect to this contract will be grounds for termination of thiscontract. The term business relationship is defined as set forth in Section 2-156-080 of the Municipal Code ofChicago.


Section 2-156-080 defines a business relationship as any contractual or other private business dealing of an official,or his or her spouse, or of any entity in which an official or his or her spouse has a financial interest, with a person orentity which entitles an official to compensation or payment in the amount of $2,500 or more in a calendar year;provided, however, a financial interest shall not include: (i) any ownership through purchase at fair market value orinheritance of less than one percent of the share of a corporation, or any corporate subsidiary, parent or affiliatethereof, regardless of the value of or dividends on such shares, if such shares are registered on a securitiesexchange pursuant to the Securities Exchange Act of 1934, as amended; (ii) the authorized compensation paid to anofficial or employee for his office or employment; (iii) any economic benefit provided equally to all residents of thecity; (iv) a time or demand deposit in a financial institution; or (v) an endowment or insurance policy or annuitycontract purchased from an insurance company. A contractual or other private business dealing will not include anyemployment relationship of an officials spouse with an entity when such spouse has no discretion concerning orinput relating to the relationship between that entity and the city.

2.53. NON-COLLUSION, BRIBERY OF A PUBLIC OFFICER OR EMPLOYEE

Contractor, in performing under this contract shall comply with the Municipal Code of Chicago, Section 2-92-320, asfollows:

No person or business entity shall be awarded a contract or sub-contract if that person or business entity: (a) hasbeen convicted of bribery or attempting to bribe a public officer or employee of the City of Chicago, the State ofIllinois, or any agency of the federal government or of any state or local government in the United States, in thatofficers or employee's official capacity; or (b) has been convicted of agreement or collusion among bidders orprospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise; or (c) hasmade an admission of guilt of such conduct described in (a) or (b) above which is a matter of record but has not beenprosecuted for such conduct.

For purposes of this section, where an official, agent or employee of a business entity has committed any offenseunder this section on behalf of such an entity and pursuant to the direction or authorization of a responsible officialthereof, the business entity will be chargeable with the conduct. One business entity will be chargeable with theconduct of an affiliated agency.

Ineligibility under this section will continue for three (3) years following such conviction or admission. The period ofineligibility may be reduced, suspended, or waived by the Chief Procurement Officer under certain specificcircumstances. Reference is made to Section 2-92-320 for a definition of affiliated agency, and a detailed descriptionof the conditions which would permit the Chief Procurement Officer to reduce, suspend, or waive the period ofineligibility.

2.54. MACBRIDE PRINCIPLES ORDINANCE

Not applicable.

2.55. CONTRACTOR CERTIFICATION

The Contractor or each joint venture partner, if applicable, must complete the appropriate subsections in theattached Economic Disclosure Statement and Affidavit (the Affidavit) under: Certification by applicant, which certifiesthat the Contractor or each joint venture partner, its agents, employees, officers and any subcontractors (a) have notbeen engaged in or been convicted of bribery or attempted bribery of a public officer or employee of the City ofChicago, the State of Illinois, any agency of the federal government or any state or local government in the UnitedStates or engaged in or been convicted of bid-rigging or bid-rotation activities as defined in this section as requiredby the Illinois Criminal Code; (b) do not owe any debts to the State of Illinois, in accordance with 65 ILCS 5/11-42.1-1and (c) are not presently debarred or suspended; Certification Regarding Environmental Compliance; CertificationRegarding Ethics and Inspector General; and Certification Regarding Court-Ordered Child Support Compliance.


2.56. COMPLIANCE WITH CHILD SUPPORT ORDERS ORDINANCE

Not applicable.

2.57. FEDERAL TERRORIST (NO-BUSINESS) LISTContractor warrants and represents that neither Contractor nor an Affiliate, as defined below, appears on theSpecially Designated Nationals List, the Denied Persons List, the Unverified List, the Entity List, or the Debarred Listas maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or by the Bureau ofIndustry and Security of the U.S. Department of Commerce or their successors, or on any other list of persons orentities 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, iscontrolled by or is under common control with Contractor. A person or entity will be deemed to be controlled byanother person or entity if it is controlled in any manner whatsoever that results in control in fact by that other personor entity, either acting individually or acting jointly or in concert with others, whether directly or indirectly and whetherthrough share ownership, a trust, a contract or otherwise.

2.58. COMPLIANCE WITH ALL LAWS

Contractor must observe and comply with all applicable federal, state, county and municipal laws, statutes,regulations, codes, ordinances and executive orders, in effect now or later and whether or not they appear in theAgreement, including those specifically referenced herein or in any of the Contract Documents. Contractor must payall taxes and obtain all licenses, certificates and other authorizations required in connection with the performance ofits obligations hereunder, and Contractor must require all Subcontractors to do so. Failure to do so is an event ofdefault and may result in the termination of this Agreement.

2.59. COMPLIANCE WITH ENVIRONMENTAL LAWS

The Contractor will comply with all laws relating to environmental matters including without limitation, those relatingto fines, orders, injunctions, penalties, damages, contribution, cost recovery compensation, losses or injuriesresulting from the release or threatened release of hazardous materials,, special wastes or other contaminants intothe environment and to the generation, use, storage, transportation, or disposal of solid wastes, hazard materials,special wastes or other contaminants (collectively, "Environmental Laws") including, but not limited to, the ResourceConservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, theDepartment of Transportation Regulations, the Hazardous Materials Transportation Act, the Clean Air Act, theNational Emission Standards for Hazardous Air Pollutants (40 C.F.R.61.145), and the Municipal Code, as currently ineffect and as amended during the course of the contract period.

If any Environmental Laws require the Contractor to file any notice or report of a release or threatened release ofhazardous materials, special wastes or other contaminants on, under or about any premises used by Contractor toperform the Services required hereunder, the Contractor shall provide a copy of such report or notice to the City. Inthe event of a release or threatened release of hazardous materials, special waste or other contaminants into theenvironment or in the event any claim, demand, action or notice is made against the Contractor regarding theContractor's failure or alleged failure to comply with any Environmental Laws, the Contractor must immediately notifythe City in writing and will provide the City with copies of any written claims, demands, notices or actions so made.

A. As part of its Compliance with All Laws, as set forth hereinabove, Contractor must observe and complywith, inter alia, all Environmental Laws and impose on all Subcontractors all requirements of allenvironmental Laws. No provision of this Contract limits, or is intended in any way to limit, Contractor’sobligation to observe and comply with all Laws, including but not limited to all Environmental Laws.

By entering into this Contract, Contractor acknowledges that many Environmental Laws may apply to theContract and to Contractor’s and Subcontractors’ performance of the Work.


By entering into this Contract, Contractor also acknowledges that U.S. EPA, U.S. DOT and otheragencies of the federal, state and local governments have issued and are expected in the future to issueregulations, guidelines, standards, orders, directives, or other requirements that may affect the Contractor the Work.

Listed below in Section H are requirements of particular concern to the City. By entering into thisContract, Contractor acknowledges and agrees that this list does not constitute the only EnvironmentalLaws that apply or may apply to performance of the Work under this Contract.

Contractor must include the provisions listed in Section H in all subcontracts; and Contractor mustadditionally include in all subcontracts a statement specifying that the provisions so listed do notconstitute the only Environmental Laws that apply or may apply to Subcontractors’ performance of andunder their subcontracts with Contractor.

By entering into this Contract, Contractor acknowledges and agrees that if Contractor fails to comply withany Environmental Law, the City may terminate this Contract in accordance with the default provisions ofthis contract. By entering into this Contract, Contractor further acknowledges and agrees that suchtermination may adversely affect Contractor’s eligibility for future contract awards.

B. Notification of Environmental Claims and of Community Meetings and Media Involvement

In the event of any claim, demand, action notice of violation or other notice of any kind by any person orany entity of any kind, whatsoever, against Contractor or any Subcontractor regarding Contractor’s or anySubcontractor’s failure or alleged failure to comply with any Environmental Law (“Environmental Claim”),Contractor must notify the Chief Procurement Officer and Commissioner of the Chicago Department ofEnvironment within twenty-four(24) hours of becoming aware of such Environmental Claim and must alsosubmit a copy of any Environmental Claim to the Chief Procurement Officer and Commissioner of theChicago Department of Environment within twenty-four(24) hours of receipt of same by Contractor or anySubcontractor.

Contractor must provide evidence to the Chief Procurement Officer and Commissioner of the ChicagoDepartment of Environment that any such Environmental Claim has been addressed to the satisfaction ofits issuer or initiator or to the satisfaction of a court or administrative agency having jurisdiction withrespect to the claim, demand, action notice of violation or other notice of any kind, or to the satisfaction ofthe Chief Procurement Officer and Commissioner of the Chicago Department of Environment.

Contractor must notify the Chief Procurement Officer and Commissioner of the Chicago Department ofEnvironment of any community meetings, media involvement or media coverage relating to: any release,alleged release, threatened release, or allegedly threatened release of any substance, matter or thingrelating in any way to the Work under this Contract; any loading, transportation/hauling, treatment,storage, disposal or other handling of any materials, including but not limited to any Waste, under thisContract; or otherwise relating to any Environmental Laws or any charge or allegation of violation of ornoncompliance with any Environmental Laws, in which Contractor or any Subcontractor is asked orinvited to participate. The notice must be provided to the Chief Procurement Officer and Commissioner ofthe Chicago Department of Environment as early as possible before Contractor or any Subcontractorparticipates in any such community meetings, media involvement or media coverage.

C. Releases and Threatened Releases

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, in the event of any release or threatened release of any material,including but not limited to Waste, and including but not limited to any Hazardous Waste or SpecialWaste, relating in any way to any of the Work under this Contract, regardless whether such release orthreatened release is caused or contributed to by Contractor, any Subcontractor, or any other person orentity, Contractor must promptly notify the Chief Procurement Officer and Commissioner of the ChicagoDepartment of Environment and provide all pertinent information, including but not limited to the nature,scope, location and sources or causes of the release or threatened release and all actions taken, being


taken and to be taken by Contractor and any Subcontractors with respect to the release or threatenedrelease.

If Contractor or any Subcontractor is required pursuant to any Environmental Law to submit or file anynotice or report of any kind to any person or entity relating to any release, alleged release, threatenedrelease or allegedly threatened release of any substance, matter or thing relating in any way to any of theWork under this Contract, Contractor must provide a copy of such notice or report to the ChiefProcurement Officer and Commissioner of the Chicago Department of Environment at the same time thatContractor or any Subcontractor submits or files the notice or report in accordance with the EnvironmentalLaw.

D. Environmental Permits and Other Environmental Records and Reports.

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor must show evidence of, and keep current throughout theterm of this Contract, all permits, insurance certificates and other authorizations required by any federal,State, City or other governmental body or agency pursuant to any Environmental Law.

When requested by the Chief Procurement Officer or Commissioner of the Chicago Department ofEnvironment, Contractor must submit copies of any or all permits, insurance certificates and otherauthorizations required by any Environmental Law.

Copies of all permits, insurance certificates and other authorizations that require periodic renewal must beforwarded to the Chief Procurement Officer and Commissioner of the Chicago Department ofEnvironment throughout the duration of this Contract.

By entering into this Contract, Contractor acknowledges and agrees that noncompliance with theserequirements constitutes sufficient cause for termination of this Contract and for declaring Contractor non-responsible in future bids.

In addition to any and all other records and reports that are or may be required by any EnvironmentalLaws, Contractor is required to prepare and maintain proper, accurate and complete records of accountsof all transactions related to the performance of this Contract, including but not limited to:

1. Vehicle maintenance records;2. Safety and accident reports;3. IEPA or OSHA manifests;4. Disposal records, including but not limited to records showing the disposal site used, date, truck

number and disposal weight, types of waste, bills of lading, manifests, or other confirmatoryreceipts signed by a representative of accepting facility for each load of material; and

5. Permit documentation and all other documentation and transactions pertaining to allEnvironmental Laws.

E. Handling of Materials, Including but Not Limited to Waste

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor is responsible for the proper, lawful handling, includingbut not limited to treatment, storage, transportation/hauling and disposal, of all materials, including but notlimited to all Waste, by Contractor and all Subcontractors.

By entering into this Contract, Contractor acknowledges and agrees that treatment, storage,transportation/hauling, disposal or other handling by a Subcontractor or other third party does not relieveContractor of its responsibility for proper treatment, storage, transportation/hauling, disposal and otherhandling of all materials, including but not limited to all Waste.

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, all treatment, storage, transportation/hauling, disposal and otherhandling of any materials, including but not limited to any Waste, must be at a facility that is properly


licensed and permitted in accordance with any and all Environmental Laws to accept and treat, store,transport/haul, dispose or otherwise handle the particular materials delivered to it in accordance with allEnvironmental Laws (“Facility”).

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, before generating or in any way handling any Waste relating to theWork under this Contract, or allowing any Subcontractor to generate or handle any Waste, Contractormust identify to the Chief Procurement Officer and Commissioner of the Chicago Department ofEnvironment all Facilities to which Contractor has contractual access and for which all required permitsand/or licenses have been obtained and are current and valid.

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor must upon request provide the Chief ProcurementOfficer or Commissioner of the Chicago Department of Environment or his designated representative withcopies of all documents, including but not limited to load tickets, manifests, bills of lading, scale tickets,and permits and/or licenses, pertaining to any treatment, storage, transportation/hauling, disposal andother handling of any material, including but not limited to any Waste, by Contractor, any Subcontractor,or any Facility or other third party, that Contractor or any Subcontractor submits to, prepares for, orreceives from any Facilities that Contractor uses in the course of its performance of and under thisContract.

If any Facility that Contractor proposes to use does not possess all necessary, current, valid permitsand/or licenses to accept the materials to be treated, stored or disposed of, then Contractor must replacethe Facility submitted as part of its bid proposal at no additional cost to the City.

If Contractor disposes of any materials, including but not limited to any Waste, at any site that is notproperly permitted, Contractor, by entering into this Contract, acknowledges and agrees that it will beresponsible for all costs associated with the removal of the materials to a properly licensed/permittedFacility and for any other costs, including but not limited to any civil or other penalties, damages, fees,charges, litigation costs, attorneys’ fees, or other costs of any kind, whatsoever, that apply or may applyas a result of the application or enforcement of any Laws and any response thereto.

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor must verify, in writing, whenever requested by the ChiefProcurement Officer or Commissioner of the Chicago Department of Environment, that all materials,including but not limited to Waste, that Contractor or any Subcontractor generates or accepts from theCity have been treated, transported/hauled, stored, disposed of or otherwise handled in compliance withall Environmental Laws.

The form for identifying Contractor’s Facilit(ies) and acknowledging terms and conditions relating theretothat Contractor has executed and attached to this Contract is incorporated by reference (Attachment “B”).In addition to the representations and requirements contained on Attachment B, Contractor acknowledgesand agrees that unless otherwise authorized in writing by the Commissioner of the Chicago Departmentof Environment, Contractor must not use or continue to use any Facility identified on Attachment B that (i)has been cited by any governmental agent or entity as being in violation of any Environmental Law or ofany City ordinance of any kind, whatsoever; or (ii) does not have a legally required permit. If only one (1)Facility was identified on Attachment B, Contractor must arrange for a substitute Facility that meets therequirements specified on Attachment B and provide a revised Attachment to the Chief ProcurementOfficer and Commissioner of the Chicago Department of Environment before transporting/hauling orallowing the transport/hauling of any material, including but not limited to any Waste, to any Facility.Contractor further acknowledges and agrees that any such substitution and any delay or activity of anykind relating to any such substitution is at no additional cost to the City, regardless of the reasonsnecessitating such substitution.


F. Equipment and Environmental Control During Transport

As part of or in addition to the requirement to observe and comply with all Laws, including but not limitedto all Environmental Laws, as those terms are defined hereinabove, Contractor must transport/haul allmaterials, including but not limited to Waste, in vehicles and/or containers that comply with allEnvironmental Laws; and all equipment used to transport any materials, including but not limited toWaste, must be designed and operated to prevent spillage, leakage, or other release of any kind duringthe transport operation.

Also as part of or in addition to the requirement to observe and comply with all Laws, including but notlimited to all Environmental Laws, as those terms are defined hereinabove, all equipment used byContractor or any Subcontractor must fully comply with all Laws, including but not limited to all Lawspertaining to size, load weight, safety, and including but not limited to any Environmental Laws.

G. Environmental Control

In performing the Work, and as part or in addition to of the requirement to observe and comply with allLaws, including but not limited to all Environmental Laws, as those terms are defined hereinabove,Contractor must become thoroughly familiar with all Laws relating to, inter alia, the elimination ofexcessive noise and pollution of air, water, and soil due to construction and other operations.

As part of or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor must employ all reasonable measures to reduce thenoise of heavy construction equipment and to control and minimize any dust, smoke, and fumes fromconstruction equipment and other operations on the Work site and any dirt and noise created by heavytruck operations over City streets.

H. Environmental Protection

The purpose of this subsection is to alert Contractor to some of the Environmental Laws that affect ormay affect this Contract or Contractor’s or Subcontractors’ performance of and under same. Thissubsection does not, and is not intended to, set forth all of the Laws or Environmental Laws with whichContractor must comply. By entering into this Contract, Contractor acknowledges and agrees that thissubsection does not and is not intended in any way to limit Contractor’s obligation to comply with allLaws, including but not limited to all Environmental Laws, and with all other provisions of this Contract, inperforming the Work.

Some, but not all, of the major federal Laws that affect or may affect this Contract or Contractor’s orSubcontractors’ performance of and under same, are: the National Environmental Policy Act of 1969, asamended, 42 USC §§ 4321 et seq.; the Clean Air Act, as amended, 42 USC §§ 7401 et seq. andscattered sections of 29 USC; the Clean Water Act, as amended, scattered sections of 33 USC and 12USC; the Resource Conservation and Recovery Act, as amended, 42 USC §§ 6901 et seq.; ToxicSubstances Control Act, as amended, 15 USC §§2601 et seq., and the Comprehensive EnvironmentalResponse, Compensation, and Liability Act, as amended, 42 USC §§ 9601 et seq. Contractor andSubcontractors must also comply with, inter alia, Executive Order No. 12898, “Federal Actions to AddressEnvironmental 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 onEnvironmental Quality regulations on compliance with the National Environmental Policy Act of 1969, asamended, 40 CFR Part 1500 et seq.; and U.S. DOT regulations, “Environmental Impact and RelatedProcedures,” 23 CFR Part 771 and 49 CFR Part 622.

1. Air Quality. As part of or in addition to complying with all Laws, including but not limited to allEnvironmental Laws, as those terms are defined hereinabove, Contractor must comply with allapplicable standards, orders, rules or regulations issued pursuant to the Clean Air Act, asamended, 42 USC §§ 7401, et seq. This includes, but is not limited to, compliance withapplicable requirements of U.S. EPA regulations, “Conformity to State of Federal ImplementationPlans of Transportation Plans, Programs, and Projects Developed, Funded or Approved UnderTitle 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; andNational Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR § 61.145. As partof or in addition to complying with all Laws, including but not limited to all Environmental Laws, asthose terms are defined hereinabove, Contractor further must report and require eachSubcontractor at any tier to report any violation of these requirements resulting from any Contractimplementation activity to the Chief Procurement Officer and Commissioner of the ChicagoDepartment of Environment and the appropriate U.S. EPA Regional Office.

2. Clean Water. As part of or in addition to complying with all Laws, including but not limited to allEnvironmental Laws, as those terms are defined hereinabove, Contractor must comply with allapplicable standards, orders, rules or regulations issued pursuant to the federal Water PollutionControl Act, as amended, 33 USC §§ 1251 et seq. As part of or in addition to complying with allLaws, including but not limited to all Environmental Laws, as those terms are definedhereinabove, Contractor further must report and require each Subcontractor at any tier to reportany violation of these requirements resulting from any Contract implementation activity to theChief Procurement Officer and Commissioner of the Chicago Department of Environment and theappropriate U.S. EPA Regional Office.

3. List of Violating Facilities. Contractor acknowledges and agrees that any facility of any kind to beused in the performance of the Contract or to benefit from the Contract must not be listed on theU.S. EPA List of Violating Facilities (“List”), and as part of or in addition to complying with allLaws, including but not limited to all Environmental Laws, as those terms are definedhereinabove, Contractor must promptly notify the Chief Procurement Officer and Commissioner ofthe Chicago Department of Environment if Contractor or any Subcontractor receives anycommunication from the U.S. EPA that any such facility is under consideration for inclusion on theList.

Preference for Recycled Products. To the extent practicable and economically feasible and to the extentthat it does not reduce or impair the quality of the Work, Contractor must use recycled products inperformance of the Contract pursuant to U.S. Environment Protection Agency (U.S. EPA) guidelines at 40CFR Parts 247-253, which implement section 6002 of the Resource Conservation and Recovery Act, asamended, 42 USC § 6962.

Waste Handling. As part of or in addition to complying with all Laws, including but not limited to allEnvironmental Laws, as those terms are defined hereinabove, Contractor must comply with all wastehandling provisions set out in the Illinois Environmental Protection Act, 415 ILCS 5/1, et seq., the IllinoisAdministrative Code, and Chapters 7-28 and 11-4 of the Chicago Municipal Code.

2.60. SEVERABILITYIf any provision of this Contract is held or considered to be or is in fact invalid, illegal, inoperative or unenforceable asapplied in any particular case or in any jurisdiction or in all cases because it conflicts with any other provision orprovisions of this Contract or of any constitution, statute, ordinance, rule of law or public policy, or for any otherreason, those circumstances do not have the effect of rendering the provision in question invalid, illegal, inoperativeor unenforceable in any case or circumstances, or of rendering any other provision or provisions in this Contractinvalid, illegal, inoperative or unenforceable to any extent whatsoever. The invalidity, illegality, inoperativeness orunenforceability of any one or more phrases, sentences, clauses or sections in this Agreement does not affect theremaining portions of this Contract or any part of it.

2.61. FORCE MAJEURE EVENT

Notwithstanding anything to the contrary in this Contract, neither the City nor the Contractor will be liable to the otherparty for performance of their respective obligations under this Contract if such performance is prevented by theoccurrence of a Force Majeure Event. However, if the Contractor is unable to provide the Water Meter Installationsas required by this Contract due to the occurrence of a Force Majeure Event, and the Contractor is not able torestore full provision of the goods and/or services within seven (7) calendar days, then the City may elect toterminate this Contract in accordance with this Contract. In addition, if the Contractor is prevented from providingany portion of the Services due to a Force Majeure Event, then, if so directed by the City, the Contractor will cause


its personnel to appear before the Chief Procurement Officer or any other interested group or body, as directed bythe City, and such personnel will summarize both the Force Majeure Event and the efforts being made by theContractor to resume the Services required by this Contract.

2.62. FALSE STATEMENTS

False statements made in connection with this Agreement, including statements in, omissions from and failures totimely update the EDS, as well as in any other affidavits, statements or contract documents constitute a materialbreach of the Agreement. Any such 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 such misrepresentation. Inaddition, the City may debar Contractor, assert any contract claims or seek other civil or criminal remedies as a resultof a misrepresentation (including costs of replacing a terminated Contractor pursuant to Chicago MunicipalOrdinance 1-21-010.

2.63. RIGHT TO OFFSET

The City may offset any excess costs incurred by the City in the event of termination of this Contract for default orotherwise resulting from Contractor's performance or non-performance under this Contract or if the City exercisesany of the remedies available to it and any credits due to or overpayments made by the City, by use of any paymentdue for Services completed before the termination for default or before the exercise of any remedies. If the amountoffset is insufficient to cover those excess costs, Contractor is liable for and must promptly remit to the City thebalance upon written demand for it. This right to offset is in addition to and not a limitation of any other remediesavailable to the City.

2.64. DEFAULT

If the Contractor fails to begin the work under this contract within the time specified, or fails to perform the work withsufficient workmen and equipment or with sufficient materials to insure the completion of said work within thespecified time, or shall perform the work in an unsatisfactory manner, or will neglect or refuse to remove materials orperform anew such work as shall be rejected as defective or unsuitable, or will discontinue the prosecution of thework, or if the Contractor shall become insolvent or be declared bankrupt, or shall commit any act of bankruptcy orinsolvency, or will make an assignment for the benefit of creditors, or from any other cause whatsoever shall notcarry on the work in an acceptable manner, the Chief Procurement Officer will give notice in writing to the Contractorand his surety of such failure, delay, neglect, refusal, or default, specifying the same, and if the Contractor, within aperiod of ten (10) calendar days after such notice, will not proceed in accordance therewith, then the ChiefProcurement Officer acting for and on behalf of the City will, upon receipt of a written certificate from theCommissioner of the fact of such failure, delay, neglect, refusal, or default and of the failure of the Contractor tocomply with such notice, have full power and authority to declare the forfeiture of this contract, and to forfeit the rightsof the Contractor in this contract, and the Chief Procurement Officer at his option may call upon the surety tocomplete the work in accordance with the terms of this contract or may have the City take over the work, includingany or all materials and equipment on the ground as may be suitable and acceptable to the City and may completethe work by or on its own force account, or may enter into a new contract for the completion of the work, by or on itsown force account, or may enter in a new contract for the completion of the work, or may use such other methods asin the opinion of the Commissioner will be required for the completion of the work in an acceptable manner. All costsand charges incurred by the City, together with the cost of completing the work, shall be deducted from any moneysdue or which may become due on this contract. In case the expense so incurred by the City shall be less than thesum which would have been payable under this contract if it had been completed by the Contractor and had notbeen forfeited by the City, then the Contractor will be entitled to receive the difference, subject to any claims or liensthereon which may have been filed with the City or any prior assignment filed with it, and in case such expense willexceed the sum which would have been payable under this contract, the Contractor and the surety will be liable andshall pay to the City the amount of such excess.


2.65. DISPUTES

Except as otherwise provided in this Contract, Contractor must and the City may bring any dispute arising under thisContract which is not resolved by the parties to the Chief Procurement Officer for decision based upon the writtensubmissions of the parties. (A copy of the "Regulations of the Department of Procurement Services for Resolution ofDisputes between Contractors and the City of Chicago". Is available in City Hall, 121 N. LaSalle Street, Room 301,Bid and Bond Room.) The Chief Procurement will issue a written decision and send it to the Contractor by mail. Thedecision of the Chief Procurement Officer is final and binding. The sole and exclusive remedy to challenge thedecision of the Chief Procurement Officer is judicial review by means of a common law writ of certiorari.

2.66. COMMITMENT REGARDING BUSINESS ENTERPRISES OWNED BY PEOPLE WITH DISABILITIES(BEPD)

Policy and Terms

It is the policy of the City of Chicago that businesses certified as Business Enterprises owned by People withDisabilities (BEPD) in accordance with Section 2-92-337 et seq. of the Municipal Code of Chicago, RegulationsGoverning Certification of Business Enterprises owned by People with Disabilities, and all other Regulationspromulgated under the aforementioned sections of the Municipal Code; shall have the full and fair opportunities toparticipate fully in the performance of this Agreement. Therefore, the Bidder or Contractor shall not discriminateagainst any person or business on the basis of disability, and shall take affirmative actions to ensure BEPDs shallhave 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 Contractand may result in the termination of the Contract or such remedy as the City of Chicago deems appropriate.

Definitions

(a)For purposes of this section only, the following definitions apply:

(1) “Business Enterprises owned by People with Disabilities” or “BEPD” has the same meaning ascribed to itin section 2-92-586.

(2) “Bid incentive” means an amount deducted, for bid evaluation purposes only, from the contract base bidin order to calculate the bid price to be used to evaluate the bid on a competitively bid contract.

(3) “Construction project” has the same meaning ascribed to it in section 2-92-335.

(4) “Contract” means any contract, purchase order, construction project, or other agreement (other than adelegate agency contract or lease of real property or collective bargaining agreement) awarded by the City andwhose costs is to be paid from funds belonging to or administered by the City.

(5) “Contract base bid” means the total dollar amount a contractor bids on a contract without factoring anybid incentive or percentage reductions to the bid amount.

(6) “Earned credit” means the amount of the bid incentive allocated to a contractor upon completion of acontract in which the contractor met or exceeded his or her goals for the utilization of BEPDs in the performance ofthe contract.

(7) “Earned credit certificate” means a certificate issued by the Chief Procurement Officer evidencing theamount of earned credit a contractor has been awarded.


Commitments

(b) The Chief Procurement Officer shall award a bid incentive to Contractor for utilization of a BEPDas a prime contractor or subcontractor in accordance with the provisions of this section. The bid incentive shall beearned in the performance of the Contract, provided that the bid incentive earned in the performance of the Contractshall only be applied to a future contract.

(c) (1) Where not otherwise prohibited by federal, state, or local law, the Chief ProcurementOfficer shall allocate to any qualified bidder the following bid incentive for utilization of a BEPD as a prime contractoror subcontractor in the performance of the contract.

% of total dollar contract amount performed by BEPD Bid incentive

2 to 5% ½% of the contract base bid

6 to 10% 1% of the contract base bid

11% or more 2% of the contract base bid

The bid incentive shall be calculated and applied in accordance with the provisions of this section. Thebid incentive is used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affectthe contract price.

(2) As part of the contract close-out procedure, if the Chief Procurement Officer determines that theContractor has successfully met his or her BEPD utilization goals either as a prime contractor or with subcontractors,the Chief Procurement Officer shall issue an earned credit certificate that evidences the amount of earned creditsallocated to the Contractor. The Contractor may apply the earned credits as the bid incentive for any future contractbid of equal or less dollar amount. The earned credit certificate is valid for three years from the date of issuance andshall not be applied towards any future contract bid after the expiration of that period.

The Contractor may apply the earned credit certificate on multiple future contract bids during the three-year period in which the certificate is valid, but may only receive one bid incentive for bid evaluation purposes on onecontract award. If the Contractor applies the earned credit certificate on multiple contract bids and is the lowestresponsive and responsible bidder on more than one contract bid, the earned credit certificate shall be applied to thecontract bid first to be advertised by the Department of Procurement Services, or if multiple contract bids wereadvertised on the same date, the earned credit certificate shall be applied only to the contract bid with the greatestdollar value.

(d) The Contractor shall maintain accurate and detailed books and records necessary to monitorcompliance with this section and shall submit such reports as required by the Chief Procurement Officer, or thecommissioner of the supervising department.

Full access to the Contractor’s and Subcontractor’s records shall be granted to the ChiefProcurement Officer, the commissioner of the supervising department, or any duly authorized representative thereof.The Contractor and Subcontractors shall maintain all relevant records for a period of at least three years after finalacceptance of the work.

(e) The Chief Procurement Officer is authorized to adopt, promulgate and enforce reasonable rulesand regulations pertaining to the administration and enforcement of this section.

2.67. IEPA REQUIREMENTS

This Contract is expected to be funded in part by a loan from the Illinois Environmental Protection Agency (IEPA).The Contract will be subject to regulations contained in the procedures for issuing loans from the Public WaterSupply Loan Program, the Act Regulating Wages in Illinois (820 ILCS 130), and the Illinois Preference Act (30 ILSC


570). This project is also subject to the loan recipient’s (City of Chicago’s) policy regarding the increased use ofsmall, minority, and women’s business.

This project will be subject to the Buy American provisions of the American Recovery and Reinvestment Act (ARRA)of 2009. Contract provisions of the IEPA loan and ARRA requirements are included in this document and /oraddendum. Bidder must submit the included IEPA documents as specified in the IEPA loan and ARRArequirements.

2.68. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY LOAN PROVISIONS

A. This project will be funded in part or in whole by a loan (IEPA Loan) from the Illinois Environmental ProtectionAgency (IEPA). The contract between the City of Chicago and the Contractor will be subject to regulationscontained in the procedures for loans from the Public Water Supply Loan Program (35 ILCS 662) and the 2009American Recovery and Reinvestment Act (ARRA).

B. Additional Requirements for Payment for Changes (35 ILCS Section 662.602(c))

1. For each request for payment for change: Contractor shall submit data required in Special Conditions forDepartment of Water Construction in such detail to enable the City of Chicago to ascertain the necessity andreasonableness of costs and amounts proposed, and the allow ability and eligibility of costs proposed or payment bythe IEPA Loan.

C. Audit: Access to Records (35 ILCS Section 662.602 (d))

1. The Contractor shall maintain books, records, documents and other evidence directly pertinent toperformance on the work (including portion funded by the IEPA Loan) consistent with generally acceptedaccounting standards in accordance with the American Institute of Certified Public Accountants ProfessionalStandards. The Contractor shall also maintain the financial information and data used by the Contractor inpreparation or support of any cost submissions required for changes as described above and in Special Conditionsfor Department of Water Construction Section 3.0, and a copy of the cost summary submitted to the City of Chicago.The Illinois Auditor General, the City of Chicago, IEPA, or any of their authorized representatives shall have accessto the books, records, documents, and other evidence for purposes of inspection, audit and copying. The Contractorshall provide facilities for access and inspection.

2. For a formally advertised, competitively awarded, fixed price contract, the Contractor shall include accessto records as specified above for all negotiated contract changes, change orders and contract amendments inexcess of $25,000 that affect the contract price. In the case of all other price contracts, the Contractor shall agree toinclude access to records as specified in subsection C.1 above in all his contracts and all tier subcontracts forcontract changes, change orders and contract amendments in excess of $25,000 that are directly related to projectperformance.

3. Audits shall be consistent with generally accepted auditing standards in accordance with the AmericanInstitute of Public Accountants Professional Standards.

4. The Contractor shall agree to the disclosure of all information and reports resulting from access to recordspursuant to subsection C.1 above. Where the audit concerns the Contractor, the auditing agency shall afford theContractor an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of thedraft audit report. The final audit report shall include the written comments, if any, of the audited parties.

5. The records required by subsection C.1 above shall be maintained and made available duringperformance of the work being funded by the IEPA Loan and for three (3) years after the date of the final loan audit.


In addition, records that relate to any dispute or litigation or the settlement of claims arising out of any performance,costs or items to which an audit exception has been taken, shall be maintained and made available for three (3)years after resolution of such dispute, appeal, litigation, claim or exception.

6. The right of access will generally be exercised with respect to financial records under:

a. Negotiated prime contractors;

b. Negotiated contract changes, change orders on contract amendments in excess of $25,000affecting the price of any formally advertised, competitively awarded, fixed price contract; and

c. Subcontracts or purchase orders under any contract other than a formally advertised,competitively awarded, fixed price contract.

7. The right to access will generally not be exercises with respect to a prime contract, subcontract orpurchase order awarded after effective price competition. In any event, the right of access shall be exercised underany type of contract or subcontract:

a. With respect to records pertaining directly to contract performance, excluding any financialrecords of the contractor; and

b. If there is any indication that fraud, gross abuse, or corrupt practices may be involved in theaward or performance of the contract or subcontract.

D. Additional Requirements for Subcontractors (35 ILCS Section 662.620(e)).

1. The award or execution of all subcontracts by a prime Contractor and the procurement andnegotiation procedures by the prime Contractor shall comply with the following:

a. All applicable provisions of federal, state and local law;

b. All provisions of this agreement and all provisions of IL State Law Title 35, subtitle F, Chapter IIPart 662 regarding fraud and other unlawful or corrupt practices;

c. All provisions of this agreement and all provisions of IL State Law Title 35, subtitle F, Chapter IIPart 662 with respect to access to facilities, records and audit of records; and

d. Certification by subcontractors of compliance with Federal Executive Order 12549 regardingdebarment, suspension and other responsibility matters.

E. Additional Requirements with Respect to Contractor Bankruptcy (35 ILCS Section 662.620(f)).

1. In the event of Contractor bankruptcy, the City of Chicago will notify IEPA and will keep IEPA advised ofany negotiations with the bonding company, including any proposed settlement. IEPA may participate in thosenegotiations and will advise the City of Chicago of the impact of any proposed settlement on the loan agreementbetween the City of Chicago and IEPA. The City of Chicago will be responsible for assuring that every appropriateprocedure and incidental legal requirement is observed in advertising for bids and re-awarding a constructioncontract.

F. IEPA Access (35 ILCS Section 662.810 (d)).

1. The Contractor and all subcontractors shall provide IEPA representatives with access to the work. TheContractor or subcontractor shall provide facilities for access and inspection. IEPA or any authorized representativeshall have access to any books, documents, papers and records that are pertinent to the project for the purpose ofmaking audit, examination, excepts and transcriptions.


G. Disputes and Remedies

1. Disputes and Remedies shall be addressed in accordance with the General Conditions and SpecialConditions included herein and in accordance with IEPA loan requirements all claims, counterclaims, disputes andother matters in question between the loan recipient (City of Chicago) and the Contractor arising out of, or relating toa sub-agreement or its breach and not resolved in accordance with the contract documents shall be decided in acourt of competent jurisdiction in the State.

H. Covenant Against Contingent Fees

1. In addition to other requirements of this agreement, Contractor shall warrant that no person or sellingagency has been employed or retained to solicit or secure the contract upon an agreement or understanding for acommission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the City of Chicago,shall have the right to annul the contract without liability or in its discretion to deduct from the contract price orconsideration, shortage, brokerage or contingent fee.

I. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246).

1. As specified in the General Conditions (Non-Discrimination, Federal Requirements), Contract shall meetrequirements of Executive Order 11246.. As part of IEPA loan requirements, the test of Executive Orderr11246 isincluded herein:

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENTOPPORTUNITY (EXECUTIVE ORDER 11246).

1. The Bidder’s attention is called to the “Equal Opportunity Clause” and “Standard Federal EqualEmployment Opportunity Construction Contract Specifications” in Executive Order 11246 (see 41CFR60.4).

2. The goals and timetables for minority and female participation, expressed in percentage terms forthe Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables Goals for minority participation

for each trade

Goals for female participation

for each trade

Insert goals*for each year 16.9% Insert goals* for each year 4.5%

These goals are applicable to all the Contractor’s construction work (whether or not it is Federalor federally assisted) performed in the covered area.

The Contractor’s compliance with the Executive Order and the regulations of 41CFR Part 60-4shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations requiredby the specifications set forth in 41 CFR 60-4.32(a), and its efforts to meet the goals established for thegeographical area where the contract resulting from this solicitation is to be performed. The hours of minority andfemale employment and training must be substantially uniform throughout the length of the contract, and in eachtrade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of itsprojects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project toproject for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Orderand the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hoursperformed.


3. The Contractor shall provide written notification to the Director of the Office of Federal ContractCompliance Programs*** within ten (10) working days of award of any construction subcontract in excess of $10,000at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name,address and telephone number of the subcontractor, employer identification number, estimated dollar amount of thesubcontract, estimated starting and completion dates of the subcontract, and the geographical area in which thecontract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the “covered area” isCity of Chicago, Cook County, Illinois**.

Notes

* Goals and timetables published from time to time by the Director, Office of FederalContract Compliance Programs (OFCCP). Percentages for Cook County, Illinois included above provided by IEPA aspublished in the Federal Register Friday, October 3, 1980.

** Insert description of the geographical area where the contract is to be performed givingthe state, county and city, if any.

*** For more information on these requirements and directions for submitting letters contact(information valid as of August, 2000): Office of Federal Contract Compliance Program, Region V Operation Branch,Kluczynski Federal Building, 230 South Dearborn Street, Room 570, Chicago, IL 606004, voice (312) 353-0335, Fax(312) 353-2813.

J. Buy American

The Contractor acknowledges to and for the benefit of the City of Chicago and the State of Illinois (“State”) that itunderstands the goods and services under this Agreement are being funded with monies made available by thefederal American Recovery and Reinvestment Act of 2009 (ARRA) and such law contains provisions commonlyknown as “Buy American” that requires all of the iron, steel and manufactured goods used in the project by producedin the United States (“Buy American Requirements”) including iron, steel and manufactured goods provided by theContractor pursuant to this Agreement.

The Contractor hereby represents and warrants to and for the benefit of the City of Chicago and the State that:

(a) Contractor has reviewed and understands Buy American Requirements.

(b) All of the iron, steel and manufactured goods used in the project will be and/or have produced in the UnitedStates in a manner that complies with Buy American Requirements, unless a waiver of the requirements is approved.

(c) The Contractor will provide any further verified information, certification or assurance of compliance with thisparagraph or information necessary to support a waiver of the Buy American Requirements, as may be requested bythe City of Chicago or the State.

Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractorshall permit the City of Chicago or the State to recover as damages against the Contractor any loss, expense or cost(including without limitation attorney’s fees) incurred by the City of Chicago or the State resulting from any such failure(including without limitation any impairment or loss of funding, whether in whole or in part, from the state or anydamages owed to the State by the City of Chicago). While the Contractor has no direct contractual privity with theState, as a lender to the City of Chicago for the funding of its project, the City of Chicago and the Contractor agreethat the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreementnecessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of theState.

See the IEPA, ARRA Buy American Guidance dated April 15, 2009 included in this document.


2.69. IEPA LOAN REQUIREMENTS

This project may obtain funding with loans from the Illinois Environmental Protection Agency (IEPA). Contractor andSubcontractors must comply with the IEPA loan provisions specified herein.

A. Bidder must complete the following listed forms and submit them to the City of Chicago Department ofProcurement Services as required for City of Chicago to obtain an Illinois Environmental Protection Agency

(IEPA) loan for this project. Bidder must submit completed forms with the bid, or must include with the bid a letterindicating that the completed IEPA Loan forms will be submitted to the Project Administrator of the City ofChicago Department of Procurement Services and to the Project Manager of the Department of WaterManagement within three (3) calendar days after the bid opening date.

1. EPA Certification Regarding Debarment, Suspension and other Responsibility Matters (EPA Form 5700-49). Completed and signed forms required from Contractor and from all Subcontractors with sub-agreements

valued at $25,000 or more as discussed in the enclosed form instructions.

2. U.S. Environmental Protection Agency Certification of Non-Segregated Facilities. Completed and signedforms required from Contractor and from all Subcontractors with subcontracts valued at $10,000 or more per theform.

3. Notice to Labor Unions or Other Organizations of Workers, Nondiscrimination in Employment. One formrequired completed and signed by Contractor listing all unions and organizations of workers involved with the project.

4. Bidder Certification in Compliance with Article 33E to the “Criminal Code of 1961”. Completed andsigned form required from Contractor.

B. In signing this Contract, the Bidder agrees to the provisions of this Contract related to the ARRA Buy Americanclause as follows:

1. Identification of American-made Iron, Steel and Manufactured Goods;. Consistent with the terms of theCity of Chicago’s bid solicitation and provisions of the ARRA Section 1605, the Bidder certifies that this bid reflects theBidder’s best, good faith effort to identify domestic sources of iron, steel and manufactured goods for everycomponent contained in the bid solicitation where such American-made components are available on schedule andconsistent with the deadlines prescribed in or required by the bid solicitation.

2. Verification of U.S. Production. The Bidder certifies that all components contained in the bid solicitationthat are American-made have been so identified, and if this bid is accepted, the Bidder agrees that it will providereasonable, sufficient, and timely verification to the City of Chicago of the U.S. production of each component soidentified.

3. Documentation Regarding Non-American-Made Iron, Steel or Manufactured Goods. The Bidder certifiesthat for any component or components that are not American-made and are so identified in this bid, the Bidder hasincluded in or attached to this bid one or both of the following, as applicable:

i. Identification of and citation to a categorical waiver published by the U.S. EnvironmentalProtection Agency in the Federal Register that is applicable to such component or components, and an analysis thatsupports its applicability to the component or components;


ii. Verifiable documentation sufficient to the City of Chicago, as required in the bid solicitation orotherwise, that the Bidder has sought to secure American-made components but has determined that suchcomponents are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation, withassurance adequate for Bidder under applicable conditions stated in the bid solicitation or otherwise.

4. Information and Detailed Justification Regarding Non-American-made Iron, Steel or Manufactured Goods.The Bidder certifies that for any such component or components that are not so available, the Bidder has alsoprovided in or attached to this bid information, including but not limited to the verifiable documentation and a fulldescription of the Bidder’s efforts to secure any such American-made component or components, that he Bidderbelieves are sufficient to provide and as far as possible constitute the detailed justification required for a waiver underSection 1605 with respect to such component or components. The Bidder further agrees that, if this bid is accepted, itwill assist the City of Chicago in amending, supplementing or further supporting such information as required by theCity of Chicago to request and, as applicable, implement the terms of a waiver with respect to any such component orcomponents.

2.70. IEPA ARRA “BUY AMERICAN” GUIDANCE, April 15, 2009

As a condition of receiving capitalization grants for the Water Pollution control and Public Water Supply loanprograms under the American Recovery and Reinvestment Act of 2009 (ARRA), the IEPA is required to assure thatall loan recipients receiving funding under the ARRA are in compliance with Section 1605 of that Act, with thatSection requiring that all iron, steel and manufactured goods used in the project are produced in the United States.

The following guidance procedures may be utilized by the loan applicant in achieving compliance with the “BuyAmerican” requirement above.

Buy American: Section 1605 of the American Recovery and Reinvestment Act of 2009.

Statutory Requirement.

Section 1605 of the Recovery Act prohibits use of recovery funds for a project for the construction, alteration,maintenance or repair of a public building or public work unless all of the iron, steel and manufactured goods used inthe project are produced in the United States. The law requires that this prohibition be applied in a mannerconsistent with U.S. obligations under international agreements, and it provides for the possibility of a waiver underthree (3) circumstances:

(a) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonablyavailable quantities and of a satisfactory quality;

(b) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of theoverall project by more than twenty five percent (25%); or

(c) Applying the domestic preference would be inconsistent with the public interest.

§176.70 Policy.

Production in the United States of the iron or steel used in the project requires that all manufacturing processes musttake place in the United States, except metallurgical processes involving refinement of steel additives. Theserequirements do not apply iron or steel used as components or subcomponents of manufactured goods used in theproject.

There is no requirement with regard to the origin of components or subcomponents in manufactured goods used inthe project as long as the manufacturing occurs in the United States.


Exceptions.

When one of the following exceptions applies in a case or category of cases, the award official may allow therecipient to use foreign iron, steel and/or manufactured goods in the project without regard to the restrictions ofSection 1605 of the Recovery Act:

(1) Non-availability. The head of the federal department of agency may determine that the iron, steel or relevantmanufactured good is not produced or manufactured in the United States in sufficient and reasonably availablecommercial quantities of a satisfactory quality. The determinations of non-availability of the articles listed at 48 CFR25.104(a) and the procedures at 48 CFR 25.103(b)(1) also apply if any of those articles are manufactured goodsneeded in the project.

(2) Unreasonable cost. The head of the federal department or agency may determine that the cost of domesticiron, steel or relevant manufactured goods will increase the cost of the overall project by more than twenty fivepercent (25%).

(3) Inconsistent with public interest. The head of the federal department or agency may determine application ofthe restrictions of Section 1605 of the Recover Act would be inconsistent with the public interest.

When a determination is made for any of the reasons stated in this section that certain foreign iron, steel and/ormanufactured goods may be used:

(1) The award official shall list the excepted materials in the award; and

(2) The head of the federal department or agency shall publish a notice in the Federal Register within two (2)weeks after the determination is made, unless the item has already been determined to be domestically non-available. A list of items that are not domestically available is at 48 CFR 25.104(a).

Non-application to acquisitions covered under international agreements.

For acquisitions covered by international agreements, Section 1605(d) of the ARRA provides that the Buy AmericanRequirement in Section 1605 shall be applied in a manner consistent with U.S. obligations under internationalagreements.

The Buy American requirement shall not be applied where the iron, steel or manufactured goods used in the projectare from a Party to an international agreement, listed in the paragraph directly below, and the recipient is requiredunder an international agreement, described in the Appendix to this document, to treat the goods and services of thatParty the same as domestic goods and services. This obligation shall only apply to projects with an estimated valueof $7,443,000 or more and projects that are not specifically excluded from the application of those agreements. Theinternational agreements that obligate recipients covered under an international agreement to treat the goods andservices and the respective Parties to the agreements are:

(i) The World Trade Organization Government Procurement Agreement (Aruba, Austria, Belgium, Bulgaria,Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, German, Greece, Hong Kong, Hungary,Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,Switzerland and United Kingdom);

(ii) The following Free Trade Agreements:

(A) Dominican Republic-Central America-United States Free Trade Agreement (Costa Rica, Dominican Republic,El Salvador, Guatemala, Honduras, Nicaragua);

(B) North American Free Trade Agreement (NAFTA) (Canada and Mexico);

(C) United States-Australia Free Trade Agreement;

(D) United States-Bahrain Free Trade Agreement;

(E) United States-Chile Free Trade Agreement;


(F) United States-Israel Free Trade Agreement;

(G) United States-Morocco Free Trade Agreement;

(H) United States-Oman Free Trade Agreement;

(I) United States-Peru Trade Promotion Agreement; and

(J) United States-Singapore Free Trade Agreement; and

(iii) Untied States-European Communities Exchange of Letters (May 15, 1995); Austria, Belgium, Bulgaria,Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,Lithuania, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and UnitedKingdom.

§176.130 Noncompliance.

Allegations of violations of Section 1605 of the Recovery Act will be reviewed by the Award official and/or the Officeof the Inspector General. If the review reveals that a recipient or sub-recipient has used foreign iron, steel and/ormanufactured goods without authorization, they are authorized to take appropriate action, including one or more ofthe following:

(1) Consider requiring for removal and replacement of the unauthorized foreign iron, steel, and/or manufacturedgoods;

(2) If removal and replacement of foreign iron, steel and/or manufactured goods used in a public building or apublic work would be impractical, cause undue delay, or otherwise be detrimental to the interests of the FederalGovernment, the award official may determine in writing that the foreign iron, steel and/or manufactured goods neednot be removed and replaced; however, a determination to retain foreign iron, steel and/or manufactured goods doesnot constitute a determination that an exception to Section 1605 of the Recovery Act applies, and this will be statedin the determination. Further, a determination to retain foreign iron, steel and/or manufactured goods does notaffect the Federal Government’s right to reduce the amount of the award by the cost of the steel, iron ormanufactured goods that are used in the project or to take enforcement or termination action in accordance with theagency’s regulations.

(3) If the noncompliance is sufficiently serious, appropriate remedies will be considered, including the withholdingof cash payments pending correction of the deficiency, suspending or terminating the award, and withholding furtherawards for the project. Suspension or debarment of the involved local official will be considered in these cases inaccordance with the agency’s debarment rule implementing 2 CFR, Part 180. if the noncompliance appears to befraudulent, the matter may be referred to other appropriate officials for criminal investigation.

Definitions.

“Manufactured good” means a good or goods brought to the construction site for incorporation into the building orwork that has been:

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of theindividual raw materials.

“Public building” and “public work” means a public building of, and a public work of, a governmental entity (the UnitedStates; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; Stateand local governments; and multi-State, regional, or interstate entities which have governmental functions). Thesebuildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,


wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,maintenance, or repair of such buildings and works.

“Steel” means an alloy that includes at least fifty percent (50%) iron, between .02 and 2 percent carbon, and mayinclude other elements.

“Designated country” under international trade agreements:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria,Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,Switzerland and United Kingdom;

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic,Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom).

(3) A United States-European Communities Exchange of Letters (May 15, 1995) country (Austria, Belgium,Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Swedenand United Kingdom).

The applicability of international trade agreements in Section 1605(d) requires application of the Buy Americanrequirement in a manner consistent with U.S. obligations under international agreements. The restrictions of Section1605 of the Recovery Act do not apply to “designated country” iron, steel and/or manufactured goods. The BuyAmerican requirement in Section 1605 shall not be applied where the iron, steel or manufactured goods used in theproject are from a Party to an international agreement that obligates the recipient to treat the goods and services ofthat Party the same as domestic goods and services. This obligation shall only apply to projects with an estimatedvalue of $7,443,000 or more.

APPENDIX – U.S. States and Other Entities Subject to U.S. Obligations under International Agreements.

STATE Entities Covered Exclusions Relevant International Agreements

Illinois Department of CentralManagement Services

Construction-gradesteel (includingrequirements onsubcontracts);motor vehicles;coal

WRO GPA (except Canada) U.S.-AustraliaFTS U.S.- Chile FTA U.S.-Peru TPA U.S.-Singapore FTA U.S. –EC Exchange of Letters(applies to EC Member States for procurementnot covered by WTP G{A and only where thestate considers out-of-state suppliers)

OTHERSUBFEDERALENTITIES

EntitiesCovered

Exclusions Relevant International Agreements

Boston, Chicago, Dallas, Detroit, Indianapolis,Nashville and San Antonio

U.S.-EC Exchange of Letters (only applies to EC MemberStates and where the city considers out-of-city suppliers)


Additional ARRA requirements.

a. Contractor understands that funding for Project is, in whole or part, from the American Recovery andReinvestment Act (ARRA) of 2009 (aka “stimulus” or “recovery”) and that specific Contractor actions and reportingare required to conform to its provisions. Contractor accepts responsibility for complying with requirements of theARRA. The following list or items that may be applicable and included in, but not limited to, the Project are asfollows:

i. ARRA Section 604, extension of the Berry Amendment restrictions

ii. ARRA Section 902, Access of General Accounting Office to Contractor and subcontractor records and ability tointerview employees.

iii. ARRA Section 1512, Reports on Use of Funds.

iv. ARRA Section 1515, Access of Offices of Inspector General to certain records and employees.

v. ARRA Section 1553, Protecting State, Local Government, and Contractor whistleblowers.

vi. Section 1605, Buy American – Use of American Iron, Steel, and manufactured Goods

vii. ARRA Section 1606, Wage Rages Requirements.

b. Contractors and their first-tier Subcontractors, shall obtain a Data Universal Numbering System (DUNS) numberor update the existing DUNS record, and registering with the Central Contractor Registration (OCR).

c. Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to completeprojects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act andrelated OMB Guidance. For projects funded by sources other than the Recovery Act, Contractors shall keepseparate records for Recovery Act funds to ensure those records comply with the requirements of the Act.

d. The Government has not fully developed the implementing instructions of the Recovery Act, particularlyconcerning the how and where for the new reporting requirements. The Contractor will be provided these detailsthrough government publications as they become available. The Contractor is responsible for obtaining allupdates. The Contractor shall comply with all requirements of the Act and it is the Contractor's responsibility to stayupdated with implementation requirements. If the Contractor believes there is any inconsistency between ARRArequirements and current Contract requirements, notification shall be promptly given to the Owner.

e. Be advised that special provisions may apply to projects funded by the Act relating to:

i. Reporting, tracking, and segregation of incurred costs

ii. Reporting on job creation and preservation;

iii. Publication of information on the Internet;

iv. Protecting whistleblowers; and

v. Flow Down Provision: A Flow-Down clause must be included in every first-tier subcontract that bindsSubcontractors to the same requirements as the Contractor.

f. Segregation and Payment of Costs: Contractor shall segregate the obligations and expenditures related to fundingunder the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track andmaintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Actshall be commingled with any other funds or used for a purpose other than that of making payments for costsallowable for Recovery Act projects. Where Recovery Act funds are authorized to be used in conjunction with otherfunding to complete projects, tracking and reporting must be separate from the original funding source to meet thereporting requirements of the Recovery Act and OMB Guidance. Invoices must clearly indicate the portion of therequested payment that is for work funded by the Recovery Act.


g. Prohibition on Use of Funds: None of the funds provided under this agreement derived from the AmericanRecovery and Reinvestment Act (ARRA) of 2009, Pub. L. 111-5, may be for any casino or other gamblingestablishment, aquarium, zoo, golf course, or swimming pool.

h. Publication: Information about this agreement will be published on the Internet and linked to the Web sitewww.recovery.gov , maintained by the Accountability and Transparency Board (the Board). The Board may excludeposting contractual or other information on the Web site on a case-by-case basis when necessary to protect nationalsecurity or to protect information that is not subject to disclosure under Sections 552 and 552a of Title 5,United States Code.

i. Utilization of Small Business: Contractor shall to the maximum extent practicable give a preference to smallbusiness in the award of subcontracts for projects funded by Recovery Act dollars.

j. Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

i. Contractor shall post notice of employees rights and remedies for whistleblower protections provided underSection 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). Contractor shal linc lude the substance of this clause including this paragraph in all subcontracts.

k. Buy American Requirements – As specified elsewhere in this document.

l. Accounts, Records and Inspections.

i. In accordance with {EPA requirements specified above.

ii. Accounts: The Contractor shall maintain a separate and distinct set of accounts, records, documents,and other evidence showing and supporting: all allowable costs incurred; collections accruing to the Contractor inconnection with the Work under this Contract, other applicable credits, negotiated fixed amounts, and fee accrualsunder this contract; and the receipt, use, and disposition of all Government property coming into thepossession of the Contractor under this Contract. The system of accounts employed by the Contractor shall besatisfactory to the Government and in accordance with generally accepted accounting principles consistentlyapplied.

iii. Inspection and Audit of Accounts and Records: All books of account and records relating to this Contract shallbe subject to inspection and audit by the Government or its designees.

iv. Audit of Subcontractors' Records: Contractor also agrees, with respect to any subcontracts (including fixed-price or unit-price subcontracts or purchase orders) where, under the terms of the subcontract, costs incurred are afactor in determining the amount payable to the Subcontractor of any tier, to either conduct an audit of theSubcontractor's costs or arrange for such an audit to be performed by the cognizant government audit agencythrough the Owner.

v. Disposition of Records: Except as agreed upon by the Owner and the Contractor, all financial and cost reports,books of account and supporting documents, system files, data bases, and other data evidencing costsallowable, collections accruing to the Contractor in connection with the work under this Contract, other applicable


credits, and fee accruals under this Contract, shall be the retained for Government inspection, and shall bedelivered to the Government or otherwise disposed of by the Contractor either as the Government may fromtime to time direct during the progress of the work or, in any event, as the Government shall direct upon completionor termination of this Contract and f inal audit of accounts hereunder. Except as otherwise provided in thisContract, all other records in the possession of the Contractor relating to this Contract shall be preserved by theContractor for a period of 3 years after final payment under this Contract or otherwise disposed of in such manner asmay be agreed upon by the Government and the Contractor.

vi. Reports: The Contractor shall furnish such progress reports and schedules, financial and cost reports, andother reports concerning the work under this Contract as the Government may from time to time require.

vii. Inspections: The Government shall have the right to inspect the Work and activities of the Contractor under thisContract at such time and in such manner as it shall deem appropriate.

viii. Subcontracts: The Contractor further agrees to require the inclusion of ARRA provisions in all subcontracts(including fixed-price or unit-price subcontracts or purchase orders) of any tier entered into hereunder where, underthe terms of the subcontract, costs incurred are a factor in determining the amount payable to the Subcontractor.

ix. Comptroller General

1. The Comptroller General of the United States, or an authorized representative, shall have access toand the right to examine any of the Contractor's directly pertinent records involving transactions related tothis Contract or a subcontract hereunder and to interview any current employee regarding such transactions.

2. This paragraph may not be construed to require the Contractor or Subcontractor to create or maintainany record that the Contractor or Subcontractor does not maintain in the ordinary course of business or pursuant to aprovision of law.

3. Nothing in this Contract shall be deemed to preclude an audit by the General Accounting Office of anytransaction under this Contract.

H. ARRA/Federal Required Provisions

1. Compliance with all laws

Contractor understands and agrees that the General Conditions of the Contract, "Compliance with all Laws" requireContractor to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and executiveorders now and hereinafter in effect. Contractor further understands, agrees, and acknowledges that some or all ofthe work under the Contract will be funded with I EPA loans, the ultimate funding of such loans is federalfunding provided pursuant to the American Recovery and Reinvestment Act of 2009 (the "Recovery Act")and that therefore Contractor must comply with the Recovery Act. Contractor agrees to perform any obligations thatmay be required by the Recovery Act or regulations promulgated thereunder. Contractor certifies that it will complywith all applicable Federal laws, orders, circulars, or regulations. Contractor also certifies that it will comply with therequirements of Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," asamended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Laborregulations (41 CFR chapter 60).; Title VI of the Civil Rights Act of 1964, as amended; Section 504 of theRehabilitation Act of 1973, as amended; of the Americans with Disabilities Act (ADA) (1990) as amended and 42U.S.C. 12101 et seq; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; compliancewith Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) assupplemented by Department of Labor regulations (29 CFR part 5); all applicable standards, orders, orrequirements issued under section 306 of the Clean Air Act (42 U.S.C.1857(h)), section 508 of the Clean Water Act(33 U.S.0 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); all


mandatory standards and policies relating to energy efficiency that are contained in the Illinois energy conservationplan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Contractorfurther certifies compliance with the requirement associated with Immigration and Naturalization Service EligibilityForm 1-9.

2. Reporting Expenditures and Access to Records

a. Contractor understands and agrees that all Recovery Act Representatives (as such term is defined below) areauthorized: (1) to examine any records of the Contractor of any of its Subcontractors that directly pertain to, andinvolve transactions relating to, this Contract or any subcontract; and (2) to interview any officer or employee of theContractor or any of its Subcontractors regarding such transaction. As used herein, the term "Recovery ActRepresentatives" means the Comptroller General and any of his representatives, any representative of anappropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.)or any other official authorized with such powers under the Recovery Act.

b. Contractor understands and agrees that, due to a portion of this Contract being funded by the Recovery Act,the City has certain reporting obligations under the Recovery Act, including, without limitation, under Section 2,Division A., Title XII, Section 1201 and Title XV, Section 1512 of the Recovery Act. In order that the City may fulfill itsreporting obligations under the Recovery Act, to the maximum extent possible, Contractor agrees to, and agrees torequire all of its Subcontractors to, respond promptly to all information requests by the City in the manner and on thetimeframe that the City requests. Such information may include that relating to the number of jobs created, directly orindirectly.

c. Contractor agrees to register with the Central Contractor Registration database or complete other registrationrequirements as determined by the Director of the Office of Management and Budget, each as may be required bySection 2, Division A., Title XV, Section 1512(h) of the Recovery Act.

3. Wage Rate Requirements

Contractor understands and agrees that, in addition to the Davis-Bacon provisions in the Contract,Contractor must comply with the 'Wage Rate Requirements" provisions set forth in Section 2, Division A.,Title XVI, Section 1606 of the Recovery Act. To the extent there is a conflict, the Recovery Act will control.

4. Employ American Workers

Contractor understands and agrees that, if it is receiving any funding under Title I of the EmergencyEconomic Stabilization Act of 2008 (Public Law 110-343) or Section 13 of the Federal Reserve Act (12U.S.C. 342 et. seq.), it shall not hire any nonimmigrant described in Section 101(a)(15)(h)(i)(b) of theImmigration and Nationality Act unless it is in compliance with the requirements for an H-1 B dependentemployer (as defined by the Immigration and Nationality Act), as required by Sect ion 2, Div ision A.,Tit le XVI, Sect ion 1611 of the Recovery Act.

5. Whistleblower Protections

The Contractor shall post notice of employees rights and remedies for whistleblower protections provided undersection 1553 of the Recovery Act.

The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

6. Drug Free Workplace.

Contractor shall comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, 40 CFR Part 36 and theIllinois Drug Free Workplace Act (30 ILCS 580), effective January 1, 1992. The Illinois Drug Free Workplace Act


requires that Contractor shall not be entitled to receive any monies hereunder unless Contractor has certified to theState of Illinois that Contractor will provide a drug free workplace. False certification or violation of the certificationmay result in sanctions including, but not limited to, suspension of contract or grant payments, termination of theagreement and debarment of contracting or grant opportunities with the State for at least one (1) year but not morethan five (5) years. Contractor certifies and agrees that it will provide a drug free workplace by:

(a) Publishing a statement:

(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlledsubstance, including cannabis, is prohibited in the Contractor's workplace.

(2) Specifying the actions that will be taken against employees for violations of such prohibition.

(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:

(A) abide by the terms of the statement, and

(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplaceno later than five (5) days after such conviction.

(b) establishing a drug free awareness program to inform employees about:

(1) the dangers of drug abuse in the workplace;

(2) the Contractor's policy of maintaining a drug free workplace;

(3) any available drug counseling, rehabilitation, and employee assistance programs; and

(4) the penalties that may be imposed upon an employee for drug violations.

(c) Providing a copy of the statement required by subparagraph (s) to each employee engaged in the contract orgrant and to post the statement in a prominent place in the workplace.

(d) Notifying the contracting or granting Agency within ten (10) days after receiving notice under part (B) ofparagraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.

(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitationprogram by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act.

(f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation isrequired and indicating that a trained referral team is in place.

(g) making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug FreeWorkplace Act.

7. Intellectual Property.

A. Inventions and Patents

1. Reporting Procedure for Inventions

If any project under this Agreement produces any invention or discovery (Invention) including, without limitation,processes and business methods, the Contractor shall promptly report the Invention to the City.

2. Allocation of Patent Rights

Unless otherwise provided, the federal government shall determine how the rights in the Invention, including rightsunder any patent issued thereon, will be allocated and administered. The determination shall be consistent with the


Federal Acquisition Regulations System (System), which is based on 35 U.S.C. §§ 200 et seq.; 37 CFR Part 401;Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies,dated 2/18/1983); and Executive Order 12591, 4/10/87, as amended by Executive Order 12618, 12/22/87, 52 FR48661. Contractor hereby agrees to be bound by the System, and will contractually require its personnel to be boundby the System.

3. Right of City to Use Inventions

City shall have a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allowothers to do so for all government purposes, any Invention developed under this Agreement.

B. Copyright Policies

Pursuant to 49 CFR 18.34, and 37 C.F.R. Part 401, the federal government shall have a non-exclusive, irrevocable,royalty-free license to reproduce, publish, make derivative works of, or otherwise use, and authorize for use, for anypurpose it deems relevant for all government purposes, any copyright in any work developed under this Agreementor any copyright purchased under this Agreement.

The City shall have a non-exclusive, irrevocable, royalty-free license to reproduce, publish, make derivative works of,or otherwise use, and allow others to do so for all government purposes, any copyright developed under thisAgreement.

C. Rights to Data

The federal government and the City shall have unlimited rights or copyright license to any data first produced ordelivered under this Agreement, pursuant to 49 CFR 18.36(i) 48 CFR 27.401 and 48 USC 27.404(a),

If any project produced under this Agreement contains data not first produced under this Agreement, or datapublished with the notice of 17 U.S.C. Section 401 or 402, the Federal government shall have limited rights to suchdata pursuant to 48 CFR 27.404 (f) (2).

8. No Exclusionary or Discriminatory Specifications

Apart from inconsistent requirements imposed by federal statute or regulations, you will comply with therequirements of 49 USC § 5323(h)(2) by refraining from using any federal assistance to support subcontractsprocured using exclusionary or discriminatory specifications.

9. No Federal Government Obligations to Third Parties

Absent the federal government's express written consent, the federal government is not subject to any obligations orliabilities to any contractor or any other person not a party to the Grant Agreement or Cooperative Agreementbetween the City and the federal government, which is a source of funds for this Contract. Notwithstanding anyconcurrence provided by the federal government in or approval of any solicitation, agreement, or contract, the federalgovernment continues to have no obligations or liabilities to any party, including you.

10. Contract Work Hours and Safety Standards Act

If applicable according to their terms, you must comply and assure compliance with sections 102 and 107 of theContract Work Hours and Safety Standards Act, as amended, 40 USC §§ 327 through 333, and implementing U.S.DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and AssistedConstruction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract


Work Hours and Safety Standards Act)," 29 CFR Part 5; and U.S. DOL regulations, "Safety and Health Regulationsfor Construction," 29 CFR Part 1926. In addition to other requirements that may apply:

1. In accordance with sections of the Contract Work Hours and Safety Standards Act, as amended, 40 USC §§327 through 332, you must assure that, for the Contract, the wages of every mechanic and laborer will be computedon the basis of a standard work week of 40 hours, and that each worker will be compensated for Work exceeding thestandard work week at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of 40hours in the work week. Determinations pertaining to these requirements will be made in accordance with applicableU.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed andAssisted Construction (also Labor Standards Provisions Applicable to Non-Construction Contracts Subject to theContract Work Hours and Safety Standards Act)," 29 CFR Part 5.

2. In accordance with section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 USC §333, you must assure that no laborer or mechanic working on a construction contract is required to work insurroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health andsafety, as determined in accordance with US DOL regulations, "Safety and Health Regulations for Construction," 29CFR Part 1926.

11. New Restrictions on Lobbying. Contractor certifies that it will comply with new restrictions on lobbying(40CFR Part 34). Specifically including:

(a) No federally appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any personfor influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Member of Congress in connection with the awarding of any federalcontract, the making of any federal grant, the making of any federal loan, the entering into of any cooperativeagreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative agreement.

(b) If any funds other than federally appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant,loan, or cooperative agreement, the undersigned must complete and submit Standard Form-LLL "Disclosure ofLobbying Activities," in accordance with its instructions.

(c) Contractor must require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperativeagreements) and that all sub-recipients must certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was madeor entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposedby 31 U.S.C. 1352.

12. Immigration and Naturalization Service Employment

(a) The Contractor must complete and keep on file, as appropriate, Immigrationand Naturalization Service Employment Form 1-9.


2.71. STEEL PRODUCTS

Unless otherwise provided in the steel Products Procurement Act, 30 ILCS 565/1 et seq., steel products used orsupplied in the performance of this contract or any subcontract to this contract must be manufactured or produced inthe United States. Knowing violation of this law may result in the filing and prosecution of a complaint by theAttorney General of the State of Illinois and will subject violators to a fine of the greater of $5,000 or the paymentprice received as a result of such violation. Contractor must conform to the Buy American Requirements of theAmerican Recovery and Reinvestment Act of 2009 Section 1605. See the IEPA/ARRA Steel Products provisionspresented in this document.


3. SPECIAL CONDITIONS

3.1. DOWNLOADABLE DOCUMENTS

Bidder’s that download a bid solicitation from the City of Chicago’s website: http://cityofchicago.org/procurement,instead of obtaining the hard copy paper bid solicitation from the City of Chicago’s Bid and Bond Room, the bidder isresponsible for checking the City of Chicago’s website for clarifications and/or addenda. Failure to obtainclarifications and/or addenda from the City’s website will not relieve the bidder from being bound by any additionalterms and/or conditions in the clarification and/or addenda. The City will not be responsible for bidder’s failure toconsider additional information contained therein in preparing the bid or proposal.

Note: Multiple clarifications and/or addenda may be issued in which the bidder is responsible for obtaining.

If the bid solicitation was downloaded from the City of Chicago’s website instead of picking it up in paper from theCity of Chicago’s Bid and Bond Room, the bidder MUST contact the City of Chicago, Department of ProcurementServices, Bid and Bond Room at 312-744-9773 or by faxing a copy of a business card (include e-mail address,Specification No and RFQ No) at 312-744-5611 to register your company as a document holder for this bidsolicitation.

Any harm to the bidder resulting from such failure to obtain all necessary documents will not be valid grounds for aprotest against award(s) made under this bid solicitation.

3.2. QUANTITIES

Any quantities shown herein are estimated quantities for the initial twenty-four (24) month contract period.. The Cityreserves the right to increase or decrease quantities ordered under this contract. Nothing herein will be construed asan intent on the part of the City to procure any Water Meter Installations other than those determined by theDepartment of Water Management to be necessary to meet its needs.

The City will only be obligated to order and pay for such quantities as are from time to time ordered, delivered andaccepted on releases issued directly by the Department of Water Management.

3.3. BASIS OF AWARD

A contract will be awarded based on the Lowest Total Bid Price proposed by a responsive and responsible biddermeeting the terms and conditions of the specification.

Each bid line’s extended price will be determined by multiplying its estimated quantity by its unit price. The sum ofthe extended prices for all the lines will be the Total Bid Price.

Bidders must quote all items specified. Bids submitted to the contrary will be considered incomplete, and as a result,will be rejected.

The Contractors bid pricing will incorporate any/all peripheral costs including, but not limited to the costs of(product/services), delivery/transportation charges, labor, materials, equipment, permits, fees, insurance, taxes,warranty, guarantee, etc., required by the specification.

The Chief Procurement Officer reserves the right to award a contract or reject any or all bids when, in his opinion, thebest interest of the City will be served thereby.


3.4. CHICAGO BUSINESS PREFERENCE

Not applicable.

3.5. PARTICIPATION BY OTHER LOCAL GOVERNMENT AGENCIES

Any contract pursuant to these specifications will be in accordance with all ordinances and/or resolutions concerningcooperative governmental purchasing under joint purchase agreement approved by the City Council (Journal ofProceedings, City Council, Chicago April 20, 1964, page 2589-2590, by the Cook County Board of Commissionerson April 9, 1965).

Other local government agencies may be eligible to participate in this agreement pursuant to the terms andconditions of this Contract if such agencies are authorized, by law or their governing bodies, to execute suchpurchases, and if such authorization is allowed by the City of Chicago's Chief Procurement Officer, and if suchpurchases have no net adverse effect on the City of Chicago, and result in no diminished services from the Bidder tothe City's user departments pursuant to such purchases. Examples of such Local Government Agencies are: Boardof Education, Chicago Park District, City Colleges of Chicago, Chicago Transit Authority, Chicago Housing Authority,Chicago Board of Elections, Metropolitan Pier and Exposition Authority (McCormick Place, Navy Pier), and theMunicipal Courts. Said purchases will be made upon the issuance of a purchase order directly from the LocalGovernment Agency. The City will not be responsible for payment of any amounts owed by any other LocalGovernment Agencies, and will have no liability for the acts or omissions of any other Local Government Agency.

3.6. CALCULATION OF MBE/WBE COMMITMENT

For purposes of calculating bidder's percentage of Minority Business Enterprise (MBE) and/or Women BusinessEnterprise (WBE) dollar commitment toward the minimum goal of 16.9% MBE and 4.5% WBE participation as statedin the Special Condition Regarding Minority Business Enterprise and Women Business Enterprise, the estimatedamount of the bidders total bid price will be used to calculate the actual dollar commitment to each MBE and/or WBEfirm listed on your Schedule D-1, MBE/WBE Goal Implementation Plan. If at the end of this contract, the actualdollar value is below the estimated value, the City will consider adjustments to your MBE/WBE plan which areproportionate to the actual dollar value of this contract.

A. The Contractor will, not later than thirty (30) calendar days from the award of a contract by the City,execute formal contracts or purchase orders with the MBEs and WBEs included in their approvedMBE/WBE Utilization Plan. These written agreements shall be made available to the Chief ProcurementOfficer upon request.

B. During the term the contract, the Contractor will submit monthly MBE/WBE Utilization Reports, a copy ofwhich is attached. The frequency with which these reports are to be submitted will in no case be lessoften than on a quarterly basis. In the absence of written notice from the Chief Procurement Officer, thecontractors first MBE/WBE Utilization Report will be due ninety (90) calendar days after the date ofcontract award, and reports will be due monthly thereafter.

C. MBE/WBE Utilization Reports are to be submitted directly to: Department of Procurement Services,Division of Contract Monitoring and Compliance, City Hall, Room 400, 121 N. LaSalle Street, Chicago,Illinois 60602.(NOTICE: Do not submit invoices with MBE/WBE Utilization Reports.) Final payments may be held untilthe Utilization Reports have been received.

D. The City of Chicago's Department of Procurement Services, Contract Compliance Administrator will beentitled to examine, on five (5) business days notice, the Contractors books and records including withoutlimitation payroll records, tax returns and records, and books of account, to determine whether thecontractor is in compliance with its commitment to MBE/WBE participation and the status of any MBE orWBE performing any portion of the contract. Such rights are in addition to any other audit inspectionrights contained in the contract.


3.7. CONTRACT DOCUMENTS TO BE COMPLETED BY BIDDER

Bidder must fully complete, sign, notarize and submit as part of your proposal the following documents incorporatedherein:

1. Schedule B: Affidavit of Joint Venture (MBE/WBE) (if applicable).

2. Schedule C-1: Letter of Intent from MBE/WBE to Perform as Subcontractor, Supplier and/or Consultant.

3. Schedule D-1: Affidavit of MBE/WBE Goal Implementation Plan.

4. Proposal Pages.

5. Bid Data Pages.

6. Economic Disclosure Statement and Affidavit.

7. Proposal Execution Page, as applicable (Corporation, Partnership, Sole Proprietorship).

8. City of Chicago Insurance Certificate of Coverage.

NOTE: BIDDER MUST ACKNOWLEDGE RECEIPT OF A FULL SET OF CONTRACT DOCUMENTS AND ANYADDENDA AT THE TOP OF THE PROPOSAL EXECUTION PAGE.

3.8. PRICE LISTS / CATALOGS

For bid evaluation purposes, the bidder will submit with its bid, no less than four (4) copies of price lists/catalogsquoted on the Proposal Page. Failure to furnish price lists may be cause for rejection of the bid for being non-responsive to this requirement.

Before a contract can be awarded, the Contractor must submit copies of all current manufacturers or other acceptedpublished Price Lists/catalogs indicated on the Proposal Page for use by the Department of Procurement Services,Comptrollers Office and each participating department to facilitate audit of all invoices and purchase order releasesoff the contract. The Contractor will be responsible for forwarding new Price Lists/Catalogs or supplements of latestrevision to the Department of Procurement Services, the Comptrollers Office and all participating City departmentsduring the contract period.

The original submitted and accepted Price List(s)/Catalog(s) will be valid and firm for the initial twelve (12) monthcontract term beginning with the start date of the Contract. Price List(s)/Catalogs price changes and/or issuance ofrevised Price List(s)/Catalog(s) is restricted to a no less than a quarterly change. All pricing will be governed by thelatest editions or supplements to current manufacturers published Price Lists/Catalogs unless specified otherwise onthe Proposal Page. The Contractor will be responsible for notifying the Chief Procurement Officer, at least thirty (30)calendar days in advance of any price changes and/or issuance of revised Price Lists/Catalogs prior to submittal ofinvoices with new prices.

3.9. PURCHASE ORDER RELEASES

Requests for Water Meter Installations in the form of Purchase Order Releases will be issued by the Department ofWater Management and sent to the Contractor to be applied against the contract. The Contactor must not honor anyorder(s) or make any deliveries of Water Meter Installations without receipt of a Purchase Order Release issued bythe City of Chicago. Any Water Meter Installations provided by the Contractor without a Purchase Order Releases, ismade at the Contractor's risk. Consequently, in the event such Purchase Order Release is not provided by the City,the Contractor releases the City from any liability whatsoever to pay for any Water Meter Installations providedwithout said Purchase Order Release.

Purchase Order Releases will indicate quantities ordered for each line item, unit/total cost, service date, fundchargeable information and other pertinent instructions regarding delivery.


3.10. DELIVERY OF EQUIPMENT, PARTS AND PERFORMANCE OF SERVICES

Contractor must not perform any Water Meter Installations without an approved City of Chicago Purchase OrderRelease issued by the appropriate department. Delivery of and the performance of Water Meter Installations mustbe made F.O.B., City of Chicago, Department of Water Management, various locations, Chicago, Illinois, regardlessof the purchase order release amount.

Installation of Water Meters must be made between the hours of 8:00 a.m. through 7:00 p.m., Monday throughSaturday, excluding , Sunday or any legal holidays.

3.11. INVOICES

Original invoices and Subcontractor Payment Certification forms must be forwarded by the Contractor to theDepartment of Water Management to apply against the contract. Invoices and Subcontractor Payment Certificationforms must be submitted in accordance with the mutually agreed upon time period with the Department of WaterManagement.

All invoices and Subcontractor Payment Certification forms must be signed, dated and reference the City’s PurchaseOrder Release Number and Contract number. A signed work ticket, time sheets, manufacturer’s invoice, ifapplicable, or any documentation requested by the Commissioner must accompany each invoice. If a Contractorhas more than one (1) contract with the City, separate invoices and Subcontractor Payment Certification forms mustbe prepared for each contract in lieu of combining items from different contracts under the same invoice. Invoicequantities, service description, unit of measure, pricing and/or catalog information must correspond to the itemsquoted on the Proposal Page. If invoicing Price List/Catalog items, indicate Price List/Catalog number, item number,Price List/Catalog date and Price List/Catalog page number on the invoice.

Invoices for overshipments or items with price/wage escalations will be rejected unless the contract includes aprovision for such an adjustment by contract modification. Freight, handling and shipping costs are not to beinvoiced; contract terms specify deliveries F.O.B, City of Chicago. The City of Chicago is exempt from paying Stateof Illinois sales tax and federal excise taxes on purchases.

3.12. ELECTRONIC ORDERING AND INVOICES

The Contractor will cooperate in good faith with the City in implementing electronic ordering and invoicing, includingbut not limited to Price Lists/Catalog, purchase orders, releases and invoices. Contractor will accept electronicpurchase orders and releases upon request of the Chief Procurement Officer. Contractor will provide the Cityelectronic Price List/Catalog, copies of invoices and other electronic documents upon request. The electronicordering and invoice documents will be in a format specified by the City and transmitted by an electronic meansspecified 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 Chief Procurement Officer reserves the right to change the document formatand/or the means of transmission upon written notice to the Contractor. Contractor will ensure that the essentialinformation, as determined by the Chief Procurement Officer, in the electronic document, corresponds to thatinformation submitted by the Contractor in its paper documents. The electronic documents will be in addition to paperdocuments required by this Contract, however, by written notice to the Contractor, the Chief Procurement Officermay deem any or all of the electronic ordering and invoice documents the official documents and/or eliminate therequirement for paper ordering and invoice documents.

3.13. PAYMENT

The City will process payment within sixty (60) calendar days after receipt of invoices and Subcontractor PaymentCertification forms completed in accordance with the terms herein, and all supporting documentation necessary forthe City to verify the Water Meter Installations provided under this contract.


The City will not be obligated to pay for any Water Meter Installations that was not ordered with a Purchase OrderRelease or that are non-compliant with the terms and conditions of these specifications. Any equipment, parts and/orservices which fail tests and/or inspections are subject to correction, exchange or replacement at the cost of theContractor.

3.14. CONTRACT PERIOD

The contract will begin on or about _______________ and continue through _______________, unless terminatedprior to this date according to the terms of the Termination paragraph, or extended as provided for herein.

The City will establish and enter the above start and expiration dates at the time of formal award and release of thiscontract unless negotiated prior to release of the contract.

The start date will be no later than the first day of the succeeding month from the date shown as the Contract Awardand Release Date on the Acceptance Page herein. The expiration date will be the last day of the twenty-fourth(24th) full calendar month after the established start date.

3.15. CONTRACT EXTENSION OPTION

This Contract will be in effect for the dates indicated herein for the twenty-four month contract period. The ChiefProcurement Officer may exercise the City’s right to extend this Contract following the expiration of the base contractterm for up to thirty-six (36) months, subject to acceptable performance by the Contractor and contingent upon theappropriation of sufficient funds for the procurement of services provided for in this Contract.

No less than ninety (90) calendar days before the expiration of the then current contract term, the Chief ProcurementOfficer will give the Contractor notice of the City’s intent to exercise its option to renew the Contract for theapproaching option period. The date on which the Chief Procurement Officer gives notice is the date the notice ismailed, if it is mailed, or the date the notice is delivered, if sent by courier or messenger service.

With the same amount of notice as for options, the City reserves the right to extend the contract period for a period ofno more than one hundred eighty-one (181) calendar days, either in lieu of exercising an option period or followingthe exhaustion of all option periods, for the purpose of providing continuity of service while procuring a replacementcontract.

3.16. UNSPECIFIED SERVICES

Any Department requiring the addition of the services not specifically listed herein may be added to this contract ifthey fall within the same specific category of services specified. The lifetime usage of the items added to theContract must not exceed ten percent (10%) of the total contract value.

The Department will notify the Contractor in writing of the services and/or locations which are necessary and requesta written price proposal for the addition of the services to this contract by modification, then forward the documents tothe Chief Procurement Officer. Such services may be added to the contract only if the prices are competitive withcurrent market prices and said services are approved by the Chief Procurement Officer in the form of a writtenmodification signed by the Contractor and the City. The Chief Procurement Officer reserves the right to seekcompetitive pricing information on said services from other suppliers and to procure such services in a manner whichserves the best interest of the City.

Any such services delivered by the Contractor, without a properly executed contract modification signed by the ChiefProcurement Officer, are delivered entirely at the Contractor’s risk. Consequently, in the event that such modification


is not executed by the City, the Contractor hereby releases the City from any liability whatsoever to pay for anyservices delivered prior to the Contractor’s receipt of the fully signed modification.

3.17. PRICE ESCALATION

The original bid prices will be valid and firm for the initial twenty-four (24) month contract period beginning with thestart date of the Contract. Beginning on the date after the initial twenty-fourth month (24) month term, and for eachtwelve (12) month anniversary thereafter, annual price adjustments of the contract pricing may be made after receiptof written request from the Contractor made no later than thirty (30) calendar days after the expiration of each suchtwelve (12) month period. If Contractor does not request a price adjustment within such thirty (30) calendar dayperiod, Contractor will not be entitled to a price adjustment for the upcoming year.

If approved by the Chief Procurement Officer, a properly executed contract modification must be signed by theContractor and executed by the City to reflect the price change and the effective date for the change. Original bidprices are in effect until the modification has been fully executed and released to the Contractor unless themodification specifies an effective date for the agreed upon price change.

Any Water Meter Installations provided by the Contractor at a price change, without a properly executed contractmodification signed by the Chief Procurement Officer, is made at the Contractor's risk. Consequently, in the eventsuch modification is not executed by the City, the Contractor releases the City from any liability whatsoever to pay forany work and/or services provided at an unapproved increase price.

The Contractor's unit prices will be adjusted "New Contract Price(s)" by an amount of no more than five percent (5%)per year, for each additional twelve (12) month period. The Contractor will be required to furnish a certifiedstatement or affidavit which states that the increase represents the cost of services only and in no way represents anincrease for its profits, labor or overhead. The Contractor must justify its request for an increase by submittingdetailed pricing data, support documentation and any other information requested by the Chief Procurement Officerto verify the price increase request.

3.18. LIQUIDATED DAMAGES

Timely Performance Essential. The services to be performed by the Contractor hereunder are essential to theproper operation by Department of the water supply distribution operations of the City of Chicago and to the City’sobligations under various regulations and public policies. These operations are essential to the continuous supply ofpotable water to the residents and businesses of Chicago. Proper performance and timely response under thisContract is therefore crucial in order to prevent faulty equipment from resulting in leaks or insufficient delivery ofwater, including possible threats to persons relying on reliable water supply for essential health care equipment andthreats of possible serious failures, potentially resulting in: (1) significant or severe but unquantifiable damage orinjury to persons or property, or (2) conditions which may threaten imminent peril to the health, safety, and welfare ofthe people of Chicago; with ensuing legal liabilities to the City which cannot be quantified at the time of contracting.

Accordingly, it is hereby agreed by the Contractor and the City that proper performance of the contract work withinthe time frames set forth herein is material, and in view of the difficulty of adequately ascertaining the losses ordamages which the City would suffer by reason of Contractor's failure to so perform services hereunder, it is furtheragreed that liquidated damages shall be due and payable to the City by the Contractor as set forth herein. Suchliquidated damages shall not be deemed a penalty. Such liquidated damages may be assessed by the City forContractor's delay or failure to properly perform even in the event of any ensuing termination by the City or ofabandonment by the Contractor.

Liquidated damages received by the City hereunder are not intended to be nor shall they be treated as either apartial or full waiver or discharge of the City's rights to indemnification or of the Contractor's obligation to indemnifythe City, or to any other remedy provided for by contract or by law.


The City will deduct and retain out of the monies which may become due to Contractor hereunder, the amount ofsuch liquidated damages; and in case the amount which may become due hereunder shall be less than the amountof liquidated damages assessed by the City, the Contractor shall be liable to pay the difference upon demand by theCity.

Assessment of Liquidated Damages – Non Emergencies. Such liquidated damages in the amount of $300 maybe assessed by the City with respect to each instance or calendar day for which: (1) Adequate, competentpersonnel of Contractor provided with necessary equipment and materials arrives more than three (3) hours late orfails to arrive that day to perform scheduled survey, installation, repair or other non-emergency work; (2) theinstallation or other work performed is faulty or deficient, or such faulty or deficient work is not immediately andproperly corrected or re-performed, (3) the Contractor fails to perform an installation which the Department hasinstructed it to perform.

Assessment of Liquidated Damages -- Emergencies. Such liquidated damages in the amount of $300 may beassessed by the City with respect to each instance or three-hour period for which (a) Contractor’s supervisor orproject manager fails to properly respond by telephone within one (1) hour of notification by any means to performemergency repair service; or (b) adequate, competent personnel of Contractor provided with necessary equipmentand materials fails to arrive and commence work within three (3) hours of telephone or other request byhomeowner/customer (or within three (3) hours of any direction by Department) to perform emergency repair service.Where the Department responds to make such emergency repairs, additional damages may be assessed in anamount equal to the City’s costs including time and materials.

Assessment of Liquidated Damages – Late Arrivals. Such liquidated damages in the amount of $25 may beassessed by the City with respect to each instance where the Contractor is late for an appointment and has failed tonotify the Customer 2 hours before the appointment window ends.

3.19. AVIATION SECURITY

This Agreement is subject to the airport security requirements of 49 United States Code, Chapter 449, as amended,the provisions of which govern airport security and are incorporated by reference, including without limitation therules and regulations in 14 CFR Part 107 and all other applicable rules and regulations promulgated under them. Allemployees providing services at the City’s airports must be badged by the City. (See Airport Security Badgessection below.) Contractor, Subcontractors and the respective employees of each are subject to such employmentinvestigations, including criminal history record checks, as the Administrator of the Federal Aviation Administration(“FAA”), the Under Secretary of the Transportation Security Administration (“TSA”), and the City may deemnecessary. Contractor, Subcontractors, their respective employees, invitees and all other persons under the controlof Contractor must comply strictly and faithfully with any and all rules, regulations and directions which theCommissioner, the FAA, or the TSA may issue from time to time may issue during the life of this Agreement withregard to security, safety, maintenance and operation of the Airport and must promptly report any informationregarding suspected violations in accordance with those rules and regulations.

Gates and doors that permit entry into restricted areas at the Airport must be kept locked by Contractor at all timeswhen not in use or under Contractor’s constant security surveillance. Gate or door malfunctions must be reported tothe Commissioner without delay and must be kept under constant surveillance by Contractor until the malfunction isremedied.

3.20. AIRPORT SECURITY BADGES

As part of airport operations and security, the Contractor must obtain from the airport badging office Airport SecurityBadges for each of his employees, subcontractors, material men, invitees or any person(s) over whom Contractorhas control, which must be visibly displayed at all times while at the airport. No person will be allowed beyondsecurity checkpoints without a valid Airport Security Badge. Each such person must submit signed and properlycompleted application forms to receive Airport Security Badges. Additional forms and tests may be required to


obtain Airport Drivers Certification and Vehicle Permits. The application forms will solicit such information as theCommissioner may require in his discretion, including but not limited to name, address, date of birth (and forvehicles, drivers license and appropriate stickers). The Contractor is responsible for requesting and completing theform for each employee and subcontractors employee who will be working at the Airport and all vehicles to be usedon the job site. Upon signed approval of the application by the Commissioner or his designee, the employee will berequired to attend a presentation regarding airport security and have his or her photo taken for the badge. TheCommissioner may grant or deny the application in his sole discretion. The Contractor must make available to theCommissioner, within one day of request, the personnel file of any employee who will be working on the project.

As provided in Aviation Security above, in order for a person to have an Airport Security Badge that allows access tothe airfield or aircraft, a criminal history record check (CHRC) conducted by the Department of Aviation will also berequired. The CHRC will typically include a fingerprint analysis by the Federal Bureau of Investigation and suchother procedures as may be required by the TSA.

Airport Security Badges, Vehicle Permits and Drivers Licenses will only be issued based upon properly completedapplication forms. Employees or vehicles without proper credentials may be removed from the secured area andmay be subject to fine or arrest. Contractor will be jointly and severally liable for any fines imposed on its employeesor its Subcontractors employees.

In addition to other rules and regulations, the following rules related to Airport Security Badges, Vehicle Permits andDrivers Licenses must be adhered to:

o Each person must wear and display his or her Airport Security Badge on their outer apparel at alltimes while at the airport.

o All individuals operating a vehicle on the Aircraft Operations Area (AOA) must be familiar and complywith motor driving regulations and procedures of the State of Illinois, City of Chicago and theDepartment of Aviation. The operator must be in possession of a valid, State-issued Motor VehicleOperators Drivers License. All individuals operating a vehicle on the AOA without an escort mustalso be in possession of a valid Aviation-issued Airport Drivers Permit.

o All operating equipment must have an Airport Vehicle Access Permit affixed to the vehicle at all timeswhile operating on the Airport. All required City stickers and State Vehicle Inspection stickers mustbe valid.

o Individuals must remain within their assigned area and haul routes unless otherwise instructed by theDepartment of Aviation.

The Contractors personnel who function as supervisors, and those that escort the Contractors equipment/operatorsto their designated work sites, may be required to obtain an added multi-area access designation on their personnelAirport Security Badge which must also be displayed while on the AOA.

3.21. GENERAL REQUIREMENTS REGARDING AIRPORT OPERATIONS

The Contractor must cooperate fully with the Commissioner and his representatives in all matters pertaining to publicsafety and airport operation. Whether or not measures are specifically required by this Contract, the Contractor at alltimes must maintain adequate protection to safeguard aircraft, the public and all persons engaged in the work andmust take such precaution as will accomplish such end, without interference with aircraft, the public, or maintenanceand operations of the airport.

The Contractor's attention is drawn to the fact that airport facilities and infrastructure, including but not limited torunways, taxiways, vehicular roadways, loadways, loading aprons, concourses, holdrooms, gates, and passengerright-of-ways, are being used for scheduled and unscheduled civilian air transportation. Arrivals and departures areunder the control of the FAA control tower. Use of the airport for air transportation takes precedence over all of theContractor's operations. No extra compensation will be allowed for any delays brought about by the operations of


the airport which require that Contractors work must be interrupted or moved from one part of the work site toanother.

If Contractor requires interruption of airport facilities or utilities in order to perform work, Contractor must notify theDeputy Commissioner in charge of the project at least five (5) working days in advance of such time and must obtainthe Deputy Commissioners approval prior to interrupting the service. Interruption of service must be kept to anabsolute minimum, and to the extent practicable the work which occasions such interruptions must be performed instages in order to reduce the time of each interruption. In case of interruptions of electrical services, service must berestored prior to sunset of the same day.

Prior to start of work, the Contractor must request the Deputy Commissioner in charge of the project to providespecific requirements and instructions which are applicable to the particular work site areas, including, but not limitedto, areas available for storage of any equipment, materials, tools and supplies needed to perform thework. Contractors must advise the Deputy Commissioner in charge of the project of the volume of equipment,materials, tools, and supplies that will be required in the secured areas of the airport in order to make arrangementsfor inspection of such equipment, materials, tools, and supplies at a security checkpoint. The Contractor must notpermit or allow its employees, subcontractors, material men, invitees or any other persons over whom Contractor hascontrol to enter or remain upon, or to bring or permit any equipment, materials, tools, or supplies to remain upon anypart of the work site if any hazard to aircraft, threat to airport security, or obstruction of airport maintenance andoperations, on or off the ground, would be created in the opinion of either the Commissioner or the DeputyCommissioner. Contractors must safeguard, and may be required to account for, all items brought beyond a securitycheckpoint, especially with respect to tools used in a terminal building.

For any work on the airfield, between sunset and sunrise, any equipment and materials stored outside must bemarked with obstruction lights conforming to the following paragraph, and be similar and equal to Crouse-Hinds TypeEOL, conforming to FAA Specifications: -810. All obstruction lights must be kept continuously in operation betweensunset and sunrise seven (7) days a week and also during any daylight periods when aircraft ceiling is below 500feet and visibility is less than five (5) miles. Information on ceiling and visibility may be obtained by the Contractor onrequest at the office of the Deputy Commissioner of Operations or from the FAA Control Tower Operator. Propercompliance with these obstruction light requirements is essential to the protection of aircraft and human life and theContractor has the responsibility of taking the initiative at all times to be aware of ceiling and visibility conditions,without waiting for the FAA Control Tower Operator or any other City representative to ask the Contractor to postobstruction lights.

For any work on the airfield, the Contractor must furnish aircraft warning flags, colored orange and white, in twosizes, one size two feet by three feet (2' x 3') for hand use, and one size three feet by five feet (3' x 5') inlength. Each separate group or individual in all work areas, regardless of whether or not near runways, taxiways oraprons, must display a flag which must be maintained vertical at all times. Each truck or other piece of equipment ofthe Contractor must have attached to it, in a vertical and clearly visible position, a warning flag of the largersize. Except as otherwise agreed by the Commissioner or his designee, all cranes or booms used for constructionwork on the airfield must be lowered to ground level and moved 200 feet off the runways, taxiways and apronsduring all hours of darkness and during all daylight hours when the aircraft ceiling is below the minimums specified inthis section.

The Contractor acknowledges the importance of fully complying with the requirements of this section in order toprotect aircraft and human life, on or off the ground. Failure on the part of the Contractor to perform the work inaccordance with the provisions of this section and to enforce same with regard to all subcontractors, material men,laborers, invitees and all other persons under the Contractor's control, is grounds for the Chief Procurement Officerto declare an event of default and terminate this Contract immediately.


3.22. PARKING RESTRICTIONS

Prior to commencing work, the Contractor must provide the Deputy Commissioner in charge of the project with anestimate of the number of vehicles that will require parking. Contractors are encouraged to provide employeeparking elsewhere and shuttle their employees to the work site. The Department of Aviation may, but is not requiredto, provide parking areas for a limited number of vehicles in designated storage areas. All other vehicles must beparked in the public parking lots at the Airport, and there will be no reduced rate or complimentary parking for suchvehicles. Employees must not, at any time, park their personal automobiles, no matter how short the duration, in anydrive, road, or any other non-parking lot location at the airport. Such vehicles will be subject to immediate towing atthe employees expense.

3.23. OFFICE OF EMERGENCY MANAGEMENT AND COMMUNICATIONS SECURITY

For purposes of this section, "employee" refers to any individual employed or engaged by Contractor or by anySubcontractor. If the Contractor, or any employee, in the performance of this Contract, has or will have access to aOffice of Emergency Management and Communications (O.E.M.C) facility, the City may conduct such backgroundand employment checks, including criminal history record checks and work permit documentation, as the ExecutiveDirector of the Office of Emergency Management and Communications and the City may deem necessary, on theContractor, any Subcontractor, or any of their respective employees. The Executive Director of the Office ofEmergency Management and Communications has the right to require the Contractor to supply or provide access toany additional information the Executive Director deems relevant. Before beginning work on the project, Contractormust:

i. Provide the City with a list of all employees requiring access to enable the City to conduct suchbackground and employment checks;

ii. Deliver to the City consent forms signed by all employees who will work on the project consenting tothe City's and the Contractor's performance of the background checks described in this Section; and

iii. Deliver to the City consent forms signed by all employees who will require access to the O.E.M.Cfacility consenting to the searches described in this Section.

The Executive Director may preclude Contractor, any Subcontractor, or any employee from performing work on theproject. Further, the Contractor must immediately report any information to the Executive Director relating to anythreat to O.E.M.C infrastructure or facilities or the water supply of the City and must fully cooperate with the City andall governmental entities investigating the threat. The Contractor must, notwithstanding anything contained in theContract Documents to the contrary, at no additional cost to the City, adhere, and cause its Subcontractors toadhere, to any security and safety guidelines developed by the City and furnished to the Contractor from time to timeduring the term of the Contract and any extensions of it.

Each employee whom Contractor wishes to have access to a O.E.M.C facility must submit a signed, completed"Area Access Application" to the O.E.M.C to receive a O.E.M.C Security Badge. If Contractor wishes a vehicle tohave access to a O.E.M.C facility, Contractor must submit a vehicle access application for that vehicle. Theapplications will solicit such information as the Executive Director may require in his discretion, including name,address, date of birth (and for vehicles, driver's license and appropriate stickers). The Contractor is responsible forrequesting and completing these forms for each employee who will be working at O.E.M.C facilities and all vehiclesto be used on the job site. The Executive Director may grant or deny the application in his sole discretion. TheContractor must make available to the Executive Director, within one (1) day of request, the personnel file of anyemployee who will be working on the project.

At the Executive Director's request, the Contractor and Subcontractor must maintain an employment history ofemployees going back five years from the date Contractor began Work or Services on the project. If requested,Contractor must certify that it has verified the employment history as required on the form designated by theExecutive Director. Contractor must provide the City, at its request, a copy of the employment history for eachemployee. Employment history is subject to audit by the City.


O.E.M.C Security Badges and Vehicle Permits will only be issued based upon properly completed Area AccessApplication Forms. Employees or vehicles without proper credentials will not be allowed on O.E.M.C property.

The following rules related to Security Badges and Vehicle Permits must be adhered to:

i. Each employee must wear and display the O.E.M.C Security Badge issued to that employee on his orher outer apparel at all times.

ii. At the sole discretion of the Executive Director and law enforcement officials, including but not limitedto the Chicago Police Department, Cook County Sheriffs Office, Illinois State Police or any othermunicipal, state or federal law enforcement agency, all vehicles (and their contents) are subject tointerior and/or exterior inspection entering or exiting O.E.M.C facilities, and all employees and otherindividuals entering or exiting O.E.M.C facilities are subject to searches. Vehicles may not containany materials other than those needed for the project. The Executive Director may deny access toany vehicle or individual in his sole discretion.

iii. All individuals operating a vehicle on O.E.M.C property must be familiar and comply with motordriving regulations and procedures of the State of Illinois and the City of Chicago. The operator mustbe in possession of a valid, state-issued Motor Vehicle Operator's Driver License.

iv. All required City stickers and State Vehicle Inspection stickers must be valid.

v. Individuals must remain within their assigned area and haul routes unless otherwise instructed by theCity.

Access to the Work sites will be as shown or designated on the Contract Documents Drawings or determined by theExecutive Director. The Executive Director may deny access when, in his sole discretion, the vehicle or individualposes some security risk to O.E.M.C.

Whenever the Contractor receives permission to enter O.E.M.C property in areas that are exit/entrance points notsecured by the City, the Contractor may be required to provide gates that comply with O.E.M.C design andconstruction standards. Contractor must provide a licensed and bonded security guard, subject to the ExecutiveDirector's approval and armed as deemed necessary by the Executive Director, at the gates when the gates are inuse. O.E.M.C Security will provide the locks. Failure to provide and maintain the necessary security will result in animmediate closure by O.E.M.C personnel of the point of access.

Stockpiling materials and parking of equipment or vehicles near O.E.M.C security fencing is prohibited.

Any security fencing, gates, or alarms damaged by the Contractor or its Subcontractors must be manned by alicensed and bonded security guard of the Contractor at Contractor's expense until the damaged items are restored.Contractor must restored them to their original condition within an eight (8) hour period from the time of notice givenby the Executive Director.

Temporary removal of any security fencing, gate or alarm to permit construction must be approved by the ExecutiveDirector, and Contractor must man the site by a licensed and bonded security guard, approved by and armed asdeemed necessary by the Executive Director, at Contractor's expense, on a twenty-four (24) hour basis during theperiod of temporary removal. Contractor must restore the items removed to their original condition whenconstruction is completed.

Unauthorized hazardous or illegal materials, including but not limited to hazardous materials as defined in 49 C.F.R.Parts 100-185 (e.g. explosives, oxidizers, radiological materials, infectious materials), contraband, firearms and other


weapons, illegal drugs and drug paraphernalia, may not be taken on O.E.M.C property. Alcoholic beverages arealso prohibited.

All employees and vehicles working within O.E.M.C facilities must be properly identified. All vehicles and personnelpasses will be issued to the Contractor by the Executive Director, as required. Contractor, Subcontractors, andemployees must return identification material to the Executive Director upon completion of their respective workwithin the Project, and in all cases, the Contractor must return all identification material to the Executive Director aftercompletion of the Project. Final Contract Payment will not be made until all passes issued have been returned toO.E.M.C Security.

3.24. POLICE SECURITY

As part of Police operations and security, the Contractor must obtain from the Police Department, Security Badges,for each of its employees, subcontractors, material men, invitees or any person(s) over whom Contractor has control,which must be visibly displayed at all times while at the airport. No person will be allowed beyond securitycheckpoints without a valid Security Badge. Each such person must submit signed and properly completedapplication forms to receive Security Badges. The application forms will solicit such information as theSuperintendent may require; including but not limited to name, address, date of birth (driver's license). TheContractor is responsible for requesting and completing the form for each employee and subcontractors employee.The Superintendent may grant or deny the application in his sole discretion. The Contractor must make available tothe Superintendent, within one (1) day of request, the personnel file of any employee who will be working on theproject.

In addition to other rules and regulations, the following rules related to Security Badges, must be adhered to:

1. Each person must wear and display his or her Security Badge on their outer apparel at all timeswhile at any Chicago Police Department facility.

2. Individuals must remain within their assigned area unless otherwise instructed by the ChicagoPolice Department.

3.25. DEPARTMENT OF WATER MANAGEMENT SECURITY

For purposes of this section, "employee" refers to any individual employed or engaged by Contractor or by anySubcontractor. If the Contractor, or any employee, in the performance of this Contract, has or will have access to aDepartment of Water Management (DOWM) facility, the City may conduct such background and employmentchecks, including criminal history record checks and work permit documentation, as the Commissioner of theDepartment of Water Management and the City may deem necessary, on the Contractor, any Subcontractor, or anyof their respective employees. The Commissioner of the Department of Water Management has the right to requirethe Contractor to supply or provide access to any additional information the Commissioner deems relevant. Beforebeginning work on the project, Contractor must:

i. Provide the City with a list of all employees requiring access to enable the City to conduct suchbackground and employment checks;

ii. Deliver to the City consent forms signed by all employees who will work on the project consenting to theCity's and the Contractor's performance of the background checks described in this Section; and

iii. Deliver to the City consent forms signed by all employees who will require access to the DOWM facilityconsenting to the searches described in this Section.

The Commissioner may preclude Contractor, any Subcontractor, or any employee from performing work on theproject. Further, the Contractor must immediately report any information to the Commissioner relating to any threatto DOWM infrastructure or facilities or the water supply of the City and must fully cooperate with the City and allgovernmental entities investigating the threat. The Contractor must, notwithstanding anything contained in the


Contract Documents to the contrary, at no additional cost to the City, adhere, and cause its Subcontractors toadhere, to any security and safety guidelines developed by the City and furnished to the Contractor from time to timeduring the term of the Contract and any extensions of it.

Each employee whom Contractor wishes to have access to a DOWM facility must submit a signed, completed "AreaAccess Application" to the DOWM to receive a DOWM Security Badge. If Contractor wishes a vehicle to have accessto a DOWM facility, Contractor must submit a vehicle access application for that vehicle. The applications will solicitsuch information as the Commissioner may require in his discretion, including name, address, date of birth (and forvehicles, driver's license and appropriate stickers). The Contractor is responsible for requesting and completingthese forms for each employee who will be working at DOWM facilities and all vehicles to be used on the jobsite. The Commissioner may grant or deny the application in his sole discretion. The Contractor must makeavailable to the Commissioner, within one (1) day of request, the personnel file of any employee who will be workingon the project.

At the Commissioner's request, the Contractor and Subcontractor must maintain an employment history ofemployees going back five years from the date Contractor began Work or Services on the project. If requested,Contractor must certify that it has verified the employment history as required on the form designated by theCommissioner. Contractor must provide the City, at its request, a copy of the employment history for eachemployee. Employment history is subject to audit by the City.

DOWM Security Badges and Vehicle Permits will only be issued based upon properly completed Area AccessApplication Forms. Employees or vehicles without proper credentials will not be allowed on DOWM property.

The following rules related to Security Badges and Vehicle Permits must be adhered to:

i. Each employee must wear and display the DOWM Security Badge issued to that employee on his or herouter apparel at all times.

ii. At the sole discretion of the Commissioner and law enforcement officials, including but not limited to theChicago Police Department, Cook County Sheriffs Office, Illinois State Police or any other municipal,state or federal law enforcement agency, all vehicles (and their contents) are subject to interior and/orexterior inspection entering or exiting DOWM facilities, and all employees and other individuals enteringor exiting DOWM facilities are subject to searches. Vehicles may not contain any materials other thanthose needed for the project. The Commissioner may deny access to any vehicle or individual in his solediscretion.

iii. All individuals operating a vehicle on DOWM property must be familiar and comply with motor drivingregulations and procedures of the State of Illinois and the City of Chicago. The operator must be inpossession of a valid, state-issued Motor Vehicle Operator's Driver License.

iv. All required City stickers and State Vehicle Inspection stickers must be valid.

v. Individuals must remain within their assigned area and haul routes unless otherwise instructed by theCity.

Access to the Work sites will be as shown or designated on the Contract Documents Drawings or determined by theCommissioner. The Commissioner may deny access when, in his sole discretion, the vehicle or individual posessome security risk to DOWM.

Whenever the Contractor receives permission to enter DOWM property in areas that are exit/entrance points notsecured by the City, the Contractor may be required to provide gates that comply with DOWM design andconstruction standards. Contractor must provide a licensed and bonded security guard, subject to theCommissioner's approval and armed as deemed necessary by the Commissioner, at the gates when the gates are in


use. DOWM Security will provide the locks. Failure to provide and maintain the necessary security will result in animmediate closure by DOWM personnel of the point of access.

Stockpiling materials and parking of equipment or vehicles near DOWM security fencing is prohibited.

Any security fencing, gates, or alarms damaged by the Contractor or its Subcontractors must be manned by alicensed and bonded security guard of the Contractor at Contractor's expense until the damaged items are restored.Contractor must restored them to their original condition within an eight (8) hour period from the time of notice givenby the Commissioner.

Temporary removal of any security fencing, gate or alarm to permit construction must be approved by theCommissioner, and Contractor must man the site by a licensed and bonded security guard, approved by and armedas deemed necessary by the Commissioner, at Contractor's expense, on a twenty-four (24) hour basis during theperiod of temporary removal. Contractor must restore the items removed to their original condition whenconstruction is completed.

Unauthorized hazardous or illegal materials, including but not limited to hazardous materials as defined in 49 C.F.R.Parts 100-185 (e.g. explosives, oxidizers, radiological materials, infectious materials), contraband, firearms and otherweapons, illegal drugs and drug paraphernalia, may not be taken on DOWM property. Alcoholic beverages are alsoprohibited.

All employees and vehicles working within DOWM facilities must be properly identified. All vehicles and personnelpasses will be issued to the Contractor by the Commissioner, as required. Contractor, Subcontractors, andemployees must return identification material to the Commissioner upon completion of their respective work withinthe Project, and in all cases, the Contractor must return all identification material to the Commissioner aftercompletion of the Project. Final Contract Payment will not be made until all passes issued have been returned toDOWM Security.

3.26. ACCEPTANCE

It is understood and agreed by and between the parties hereto, that the initial acceptance and inspection of anyService will not be considered a waiver of any provision of these specifications and will not relieve the Contractor ofits obligation to provide satisfactory Water Meter Installations which conforms to the specifications, as shown by anytest or inspections for which provisions are herein otherwise made.

Failure of the Contractor to familiarize himself/herself with all requirements of the Contract Documents will not relievehim/her from complying with all of the provisions thereof.

3.27. DEEMED INCLUSION

Provisions required by law, ordinances, rules, regulations, or executive orders to be inserted in the Contract aredeemed inserted in the Contract whether or not they appear in the Contract or, upon application by either party, theContract will be amended to make the insertion; however, in no event will the failure to insert the provisions before orafter the Contract is signed prevent its enforcement.

3.28. NON-APPROPRIATION

If no funds or insufficient funds are appropriated and budgeted in any fiscal period of the City for payments to bemade under this contract, then the City will notify the Contractor of that occurrence and this contract shall terminateon 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 the Contractor under thiscontract beyond those amounts appropriated and budgeted by the City to fund payments under this contract.

3.29. TERMINATION

The City may terminate this contract or all or any portion of the contract, at any time by a notice in writing from theCity to the Contractor. The City will give notice to the Contractor. The effective date of termination will be the datethe notice is received by the Contractor or the date stated in the notice, whichever is later. If the City elects toterminate the contract in full, all services to be provided under it must cease and all materials that may have beenaccumulated in performing this contract whether completed or in the process, must be delivered to the City within ten(10) calendar days after the effective date stated in the notice.

After the notice is received, the Contractor must restrict its activities, and those of its subcontractors to winding downany activities previously begun. No costs incurred after the effective date of the termination are allowed. Paymentfor any services actually and satisfactorily performed before the effective date of the termination is on the same basisas set forth in the Payment clause and as outlined in the Proposal page, but if any compensation is described orprovided for on the basis of a period longer than ten (10) calendar days, then the compensation must be proratedaccordingly. No amount of compensation, however, is permitted for anticipated profits on unperformedservices. The payment so made to the Contractor is in full settlement for all services satisfactorily performed underthis contract. If Contractor disputes the amount of compensation determined by the City to be due Contractor, thenthe Contractor must initiate dispute settlement procedures in accordance with the Disputes provision in the GeneralConditions.

If the City's election to terminate this contract for default pursuant to the Default provision in the General Conditionsis determined in a court of competent jurisdiction to have been wrongful, then in that case the termination is to bedeemed to be an early termination pursuant to this Termination provision.


4. CONTRACTORS INSURANCEThe Contractor must provide and maintain for the life of this Contract and at Contractor's own expense, until Contractcompletion and during the time period following final completion if Contractor is required to return and perform anyadditional work, the insurance coverages and requirements specified below, insuring all operations related to theContract.

A. INSURANCE TO BE PROVIDED

1. Workers Compensation and Employers Liability

Workers Compensation Insurance, as prescribed by applicable law covering all employees whoare to provide a service under this Contract and Employers Liability coverage with limits of notless than $500,000 each accident, illness or disease.

2. Commercial General Liability (Primary and Umbrella)

Commercial General Liability Insurance or equivalent with limits of not less than $5,000,000 peroccurrence for bodily injury, personal injury, and property damage liability. Coverages mustinclude the following: All premises and operations, products/completed operations, explosion,collapse, underground, separation of insureds, defense, and contractual liability (with no limitationendorsement). The City of Chicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work.

Subcontractors performing work for the Contractor must maintain limits of not less than$1,000,000 with the same terms herein.

3. Automobile Liability (Primary and Umbrella)

When any motor vehicles (owned, non-owned and hired) are used in connection with work to beperformed, the Contractor must provide Automobile Liability Insurance with limits of not less than$2,000,000 per occurrence for bodily injury and property damage. The City of Chicago is to benamed as an additional insured on a primary, non-contributory basis.

Subcontractors performing work for the Contractor must maintain limits of not less than$1,000,000 with the same terms herein.

4. All Risk Property/Installation

All Risk Property/Installation Insurance must be maintained by the Contractor at replacement costcovering loss or damage to City property including Department of Water Management meters andother equipment, materials, parts and supplies that are part of the Contract during the course ofinstallation, modification, testing and storage while in the care, custody and control of theContractor. Coverage must include in transit, offsite, faulty workmanship or materials, testing andmechanical-electrical breakdown. The City of Chicago is to be named as an additional insuredand loss payee.

Contractor is responsible for all loss or damage to City property including materials, parts orsupplies at full replacement cost during installation, repair, inspection and maintenance of theWater Management meters and equipment or loss to any City property as a result of theContract.

The Contractor is responsible for all loss or damage to personal property (including materials,equipment, tools and supplies) owned, rented or used by Contractor.


5. Professional Liability

When any architects, engineers, project management professionals or other professionalconsultants perform work in connection with this Contract, Professional Liability Insurancecovering acts, errors, or omissions must be maintained with limits of not less than $1,000,000.When policies are renewed or replaced, the policy retroactive date must coincide with, orprecede, start of work on the Contract. A claims-made policy which is not renewed or replaced,the policy retroactive date must coincide with, or precede, start of work on the Contract. Aclaims-made policy which is not renewed or replaced must have an extended reporting period oftwo (2) years.

6. Valuable Papers

When any plans, designs, drawings, videos, photographic documents, specifications anddocuments are produced or used under this Contract, Valuable Papers Insurance must bemaintained in an amount to insure against ay loss whatsoever, and must have limits sufficient topay for the re-creation and reconstruction of such records.

B. ADDITIONAL REQUIREMENTS

The Contractor must furnish the City of Chicago, Department of Procurement Services, City Hall, Room403, 121 North LaSalle Street, Chicago, Illinois 60602, original Certificates of Insurance, or such similarevidence, to be in force on the date of this Contract, and Renewal Certificates of Insurance, or suchsimilar evidence, if the coverages have an expiration or renewal date occurring during the term of thisContract. The Contractor must submit evidence of insurance on the City of Chicago Insurance CertificateForm (copy attached) or equivalent prior to Contract award. The receipt of any certificate does notconstitute agreement by the City that the insurance requirements in the Contract have been fully met orthat the insurance policies indicated on the certificate are in compliance with all Contract requirements.The failure of the City to obtain certificates or other insurance evidence from Contractor is not a waiver bythe City of any requirements for the Contractor to obtain and maintain the specified coverages. TheContractor must advise all insurers of the Contract provisions regarding insurance. Non-conforminginsurance does not relieve Contractor of the obligation to provide insurance as specified herein.Nonfulfillment of the insurance conditions may constitute a violation of the Contract, and the City retainsthe right to stop work until proper evidence of insurance is provided, or the Contract may be terminated.

Contractor must furnish Certificates Insurance of Coverage of any or all insurance policies listing the Cityas an additional insured upon request by the Chief Procurement Officer. All Certificates Insurance ofCoverage must be signed, dated and reference the City contract number.

The insurance must provide for sixty (60) days prior written notice to be given to the City in the eventcoverage is substantially changed, canceled, or non-renewed.

Any deductibles or self-insured retentions on referenced insurance coverages must be borne byContractor.

The Contractor agrees that insurers waive their rights of subrogation against the City of Chicago, itsemployees, elected officials, agents, or representatives.

The coverages and limits furnished by Contractor in no way limit the Contractor's liabilities andresponsibilities specified within the Contract or by law.

Any insurance or self-insurance programs maintained by the City of Chicago do not contribute withinsurance provided by the Contractor under the Contract.

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 oflaw.

If Contractor is a joint venture or limited liability company, the insurance policies must name the jointventure or limited liability company and each of its separate constituent entities as named insureds.

The Contractor must require all subcontractors to provide the insurance required herein, or Contractormay provide the coverages for subcontractors. All subcontractors are subject to the same insurancerequirements of Contractor unless otherwise specified in this Contract.

If Contractor or subcontractor desire additional coverages, the party desiring the additional coverages isresponsible for the acquisition and cost.

The City of Chicago Risk Management Department maintains the right to modify, delete, alter or changethese requirements.


4.1. INSURANCE CERTIFICATE OF COVERAGENamed Insured: Specification No.: 75973Address:

(Number and Street) Project Description: Water Meter InstallationsPurchase Order No.:

(City) (State) (ZIP)

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 forthherein covering the operation described within the Contract involving the named insured and the City of Chicago. The Certificate issuer agreesthat in the event of cancellation, non-renewal or material change involving the indicated policies, the issuer will provide at least sixty (60) daysprior 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 Chicagoin consideration of the Contract entered into with the named insured, and it is mutually understood that the City of Chicago relies on this certificateas a basis for continuing such agreement with the named insured:

Type of Insurance Insurer Name PolicyNumber

ExpirationDate

Limits of LiabilityAll Limits in Thousands

General Liability[ ] Claims made [ ] Occurrence[ ] Premises-Operations[ ] Explosion/Collapse Underground[ ] Products/Completed-Operations[ ] Blanket Contractual[ ] Broad Form Property Damage[ ] Independent Contractors[ ] Personal Injury[ ] Pollution

CSL PerOccurrence $ _________

GeneralAggregate $ _________

Products/CompletedOperationsAggregate $ _________

Automobile LiabilityCSL PerOccurrence $ _________

[ ] Excess Liability[ ] Umbrella Liability Each

Occurrence $ _________

Worker’s Compensation andEmployer’s Liability Statutory/Illinois

EmployersLiability $ _________

Builders Risk/Course of ConstructionAmount of Contract

Professional Liability$ __________

Owner Contractors Protective$ ___________

Other$ ___________

a) 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, performedunder contract with or permit from the City of Chicago.”b) The General, Automobile and Excess/Umbrella Liability Policies described provide for severability of Interest (cross liability)applicable to the named insured and the City.c) 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 theContract 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 ofNotice

Certificate Holder/Additional Insured

City of ChicagoDepartment of Procurement Services121 N. LaSalle St., #403Chicago, IL 60602

Signature of Authorized Rep._________________________________________

Agency/Company:_______________________________________________

Address:_________________________________________________________

Telephone:_______________________________________________________

For City use onlyName of City Department requesting certificate: (Using Dept.):

Address: _______________________________________ ZIP Code: _________________ Attention:


5. SPECIAL CONDITIONS REGARDING MINORITY BUSINESS ENTERPRISE AND WOMENBUSINESS ENTERPRISE

5.1. POLICY AND TERMS

A. It is the policy of the City of Chicago that Local Businesses certified as Minority Business Enterprises(MBE) and Women Business Enterprises (WBE) in accordance with Section 2-92-420 et seq. of theMunicipal Code of Chicago and Regulations Governing Certification of Minority and Women-ownedBusinesses, and all other Regulations promulgated under the aforementioned sections of the MunicipalCode will have the maximum opportunity to participate fully in the performance of this agreement.Therefore, the Contractor will not discriminate against any person or business on the basis of race, color,national origin or sex, and will take affirmative action to ensure that women and minority businesses willhave the maximum opportunity to compete for and perform subcontracts for supplies or services.

The Chief Procurement Officer has established a goal of awarding not less than 25% of the annual dollarvalue of all non-construction contracts to certified MBEs and 5% of the annual dollar value of all non-construction contracts to certified WBEs.

B. Accordingly, the Contractor commits to expend at least the following percentages of the total contractprice (inclusive of any and all modifications and amendments), if awarded, for contract participation byMBEs and WBEs:

Year Advertised MBE Percentage WBE Percentage1991 21.1% 5%1992 19.5% 4.9%1993 17.7% 4.8%

after 1993 16.9% 4.5%

C. This commitment is met by the Contractor's status as a MBE or WBE, or by a joint venture with one ormore MBEs or WBEs as prime contractor (to the extent of the MBE or WBE participation in such jointventure), or by subcontracting a portion of the work to one or more MBEs or WBEs, or by the purchaseof materials used in the performance of the contract from one or more MBEs or WBEs, or by the indirectparticipation of MBEs or WBEs in other aspects of the Contractor's business (but no dollar of suchindirect MBE or WBE participation will be credited more than once against a Contractors MBE or WBEcommitment with respect to all Contracts of such Contractor), or by any combination of the foregoing.Note: MBE/WBE participation goals are separate and those businesses certified with the City ofChicago as both a MBE/WBE will not be credited more than once against a Contractor's MBE or WBEcommitment in the performance of the Contract.

D. As noted above, the Contractor may meet all or part of this commitment by contracting with MBEs orWBEs for the provision of goods or services not directly related to the performance of this Contract.However, in determining the manner of MBE/WBE participation, the Contractor will first considerinvolvement of MBEs/WBEs as joint venture partners, subcontractors, and suppliers of goods andservices directly related to the performance of this Contract. In appropriate cases, the ChiefProcurement Officer will require the Contractor to demonstrate the specific efforts undertaken by it toinvolve MBEs and WBEs directly in the performance of this Contract.

E. The Contractor also may meet all or part of this commitment through credits received pursuant toSection 2-92-530 of the Municipal Code of Chicago for the voluntary use of MBEs or WBEs in privatesector projects.


5.2. DEFINITIONS

A. "Minority Business Enterprise" or "MBE" means a firm awarded certification as a minority owned andcontrolled business in accordance with City Ordinances and Regulations.

B. "Women Business Enterprise" or "WBE" means a firm awarded certification as a women owned andcontrolled business in accordance with City Ordinances and Regulations.

C. "Directory" means the Directory of Certified "Disadvantaged Business Enterprises", "Minority BusinessEnterprises" and "Women Business Enterprises" maintained and published by the ContractCompliance Administrator. The Directory identifies firms that have been certified as MBEs and WBEs,and includes both the date of their last certification and the area of specialty in which they have beencertified. Contractors are responsible for verifying the current certification status of all proposed MBEand WBE firms.

D. "Area of Specialty" means the description of a MBE or WBE firm's business which has beendetermined by the Chief Procurement Officer to be most reflective of the MBE or WBE firm's claimedspecialty or expertise. Each MBE/WBE letter of certification contains a description of its Area ofSpecialty. This information is also contained in the Directory. Credit toward this contract's MBE andWBE participation goals shall be limited to the participation of firms performing within their Area ofSpecialty.

NOTICE: The City does not make any representation concerning the ability of any MBE/WBE toperform work within their Area of Specialty. It is the responsibility of all contractors to determine thecapability and capacity of MBEs/WBEs to satisfactorily perform the work proposed.

E. "Joint Venture" means an association of two or more businesses to carry out a single businessenterprise for profit, and for which purpose they combine their expertise, property, capital, efforts, skilland knowledge. Contractors may develop joint venture agreements as an instrument to provideparticipation by MBEs and WBEs in contract work. A joint venture seeking to be credited forMBE/WBE participation may be formed among certified MBE/WBE firms or between certifiedMBE/WBE firm(s) and non-MBE/WBE firm(s).

A joint venture is eligible for MBE/WBE credit if the MBE/WBE partner(s) share in the ownership,control, management responsibilities, risks and profits of the joint venture, and are responsible for aclearly defined portion of work to be performed, in proportion with the MBE/WBE ownershippercentage.

F. "Contract Compliance Administrator" means the officer appointed pursuant to Section 2-92-490 ofthe Municipal Code of Chicago.

5.3. COUNTING MBE/WBE PARTICIPATION TOWARD THE CONTRACT GOALS

A. The inclusion of any MBE or WBE in the contractor's MBE/WBE Utilization Plan shall not conclusivelyestablish the contractor's right to full MBE/WBE credit for that firm's participation in the contract.

B. The Chief Procurement Officer reserves the right to deny or limit MBE/WBE credit to the contractorwhere any MBE or WBE is found to be engaged in substantial subcontracting or pass-throughactivities with others. In this regard, a contractor may count toward its MBE and WBE goals onlyexpenditures to firms that perform a commercially useful function. A firm is considered to perform acommercially useful function when it is responsible for the performance of a clearly defined anddistinct element of work and is carrying out its responsibilities by actually performing, managing, andsupervising the work involved. To determine whether a firm is performing a commercially usefulfunction, the Chief Procurement Officer shall evaluate the amount of work subcontracted, industrypractices, and other relevant factors. The amount of MBE/WBE participation credit shall be basedupon an analysis by the Chief Procurement Officer of the specific duties that will be performed by theMBE or WBE. Each MBE/WBE shall be expected to actually perform a substantial (i.e., more than


eighty-five percent (85%)) portion of the work contemplated for it by any subcontract or agreementthrough the use of its own employees and equipment.

Requested information may include, without limitation: (1) specific information concerning broker'sfees and/or commissions; (2) intended sub-suppliers or other sources of goods and/or services; and(3) specific financial or other risks to be assumed by the MBE/WBE.

C. The participation of MBEs and WBEs who have been certified as "brokers" shall no longer beconsidered eligible to participate on contracts awarded by the City in 1993 and thereafter until furthernotice for any consideration of MBE or WBE credit.

D. Credit for the participation of MBEs/WBEs as joint venture partners shall be based upon an analysisof the duties, responsibilities and risks undertaken by the MBE/WBE as specified by the joint venture'sexecuted joint venture agreement. The Chief Procurement Officer reserves the right to deny or limitMBE/WBE credit to the contractor where any MBE/WBE joint venture partner is found to have duties,responsibilities, risks or loss and management control over the joint venture that is not commensuratewith or in proportion to its joint venture ownership.

5.4. REGULATIONS GOVERNING REDUCTIONS TO OR WAIVER OF MBE/WBE GOALS

The following Regulations set forth the standards to be used in determining whether or not a reduction or waiver ofthe MBE/WBE commitment goals of a particular contract is appropriate. If a bidder or proposer determines that it isunable to meet the MBE and/or WBE percentage on a City of Chicago contract, a written request for the reduction orwaiver of the commitment must be included in the bid or proposal.

The written request for reduction or waiver from the commitment must be in the form of a signed petition for grant ofrelief from the MBE/WBE percentages submitted on the bidder/proposer's letterhead, and must demonstrate that allrequired efforts as set forth in this document were taken to secure eligible Minority and Women Business Enterprisesto meet the commitments. The Chief Procurement Officer or designee shall determine whether the request for thereduction or waiver will be granted.

Bidders/proposers will be considered responsive to the terms and conditions of these Regulations if a waiver requestand proof of notification to an assist agency is submitted at the time of bid/proposal opening. Once the bids havebeen opened, the lowest responsive and responsible bidder so deemed by the Chief Procurement Officer orauthorized designee will have no more than fourteen (14) calendar days to submit to the Department ofProcurement complete documentation that adequately addresses the conditions for waiver describedherein. Proposers responding to Request for Proposals (RFPs) who have been identified as a short listed candidateand/or a prospective awardee will be given a designated time allowance, but no more than fourteen (14) calendardays to submit to the Department of Procurement complete documentation that adequately addresses the conditionsfor waiver described herein. Respondents to Request for Information and or Qualifications (RFI/RFQs) deemed bythe Chief Procurement Officer or authorized designee to be the most responsive and responsible shall submitdocumentation that adequately addresses the conditions for waiver described herein during negotiations. Failure tosubmit documentation sufficient to support the waiver request will cause the bid/proposal to be found non-responsiveby the Chief Procurement Officer, and the bid/proposal will be rejected. In such cases the remedies to be taken bythe Chief Procurement Officer, in his discretion, may include, but are not limited to, forfeiture of bid deposit;negotiating with the next lowest bidder/proposer; or readvertising the bid/proposal. All bidders/proposers areencouraged to submit all required documents at the time of bid opening to expedite the contract award.

A. Direct/Indirect Participation

Each of the following elements must be present in order to determine whether or not such a reduction orwaiver is appropriate.

1. The bidder/proposer has documented the unsuccessful solicitation for either subcontractors orjoint venture partners of at least 50% (or at least five when there are more than eleven certified


firms in the commodity area) of the appropriate certified MBE/WBE firms to perform any direct orindirect work identified or related to the advertised bid/proposal. Direct participation involvessubcontracting a portion of the goods/services specifically required in the bid/proposal. Indirectparticipation is the subcontracting of goods/services not specifically related to the performance ofthis contract. Documentation must include but is not necessarily limited to:

a. A detailed statement of efforts to identify and select portions of work identified in the bidsolicitation for subcontracting to certified MBE/WBE firms;

b. A listing of all MBE/WBE firms contacted that includes:

1. Names, address and telephone numbers of MBE/WBE firms solicited;2. Date and time of contact;3. Method of contact (written, telephone, transmittal of facsimile documents, etc.)

c. Copies of letters or any other evidence of mailing that substantiates outreach toMBE/WBE vendors that includes:

1. Project identification and location;2. Classification/commodity of work items for which quotations were sought;3. Date, item and location for acceptance of subcontractor bid proposals;4. Detailed statement which summarizes direct negotiations with appropriate

MBE/WBE firms for specific portions of the work and indicates why negotiationswere unsuccessful;

5. Affirmation that good faith efforts have been demonstrated by choosingsubcontracting opportunities likely to achieve MBE/WBE goals by not imposingany limiting conditions which were not mandatory for all subcontractors; ordenying the benefits ordinarily conferred on MBE/WBE subcontractors for thetype of work that was solicited.

OR

2. Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractorproposal exceeds the average price quoted by more than twenty percent (20%). In order toestablish that a subcontracts' quote is excessively costly, the bidder/proposer must provide thefollowing information:

a. A detailed statement of the work identified for MBE/WBE participation for which thebidder/proposer asserts the MBE/WBE quote(s) were excessively costly (in excess of20% higher).

1. A listing of all potential subcontractors contacted for a quotation on that work item;2. Prices quoted for the subcontract in question by all such potential subcontractors

for that work item.

b. Other documentation which demonstrates to the satisfaction of the Chief ProcurementOfficer that the MBE/WBE proposals are excessively costly, even though not in excess of20% higher than the average price quoted. This determination will be based on factorsthat include, but are not limited to the following:

1. The City's estimate for the work under a specific subcontract;2. The bidder/proposers own estimate for the work under the subcontract;3. An average of the bona fide prices quoted for the subcontract;4. Demonstrated increase in other contract costs as a result of subcontracting to the

M/WBE or other firm.


B. Assist Agency Participation

Every waiver and/or reduction request must include evidence that the bidder/proposer has provided timelynotice of the need for subcontractors to an appropriate association/assist agency representative of theMBE/WBE business community.

The notice requirement of this Section will be satisfied if a bidder/proposer contacts at least one of theassociations on Attachment A to these Regulations when the prime contractor seeks a waiver or reductionin the utilization goals. Attachment B to these Regulations provides the letter format that a primecontractor may use. Proof of notification prior to bid submittal (e.g. certified mail receipt or facsimiletransmittal receipt) will be required for any bid/proposal submitted to be deemed responsive on the date ofbid opening. If deemed appropriate, the Chief Procurement Officer or Contract Compliance Officer maycontact the assist agency for verification of notification.

C. Impracticability

1. If the Chief Procurement Officer determines that a lesser MBE and/or WBE percentage standardis appropriate with respect to a particular contract subject to competitive bidding prior to the bidsolicitations for such contract, bid specifications shall include a statement of such revisedstandard.

2. The requirements set forth in these Regulations shall not apply where the Chief ProcurementOfficer determines prior to the bid solicitations that MBE/WBE subcontractor participation isimpracticable.

This may occur whenever the Chief Procurement Officer determines that for reasons of time, need, industry practicesor standards not previously known by the Procurement Department administrator, or such other extremecircumstances as may be deemed appropriate, such a Waiver is in the best interests of the City. This determinationmay be made in connection with a particular contract, whether before the contract is let for bid, during the bid oraward process, before or during negotiation of the contract, or during the performance of the contract.

For all notifications required to be made by bidders/proposers, in situations where the Chief Procurement Officer hasdetermined that time is of the essence, documented telephone contact may be substituted for letter contact.

5.5. PROCEDURE TO DETERMINE BID COMPLIANCE

The following Schedules and described documents constitute the bidder's MBE/WBE proposal, and must besubmitted in accordance with the guidelines stated:

A. Schedule C-1: Letter of Intent from MBE/WBE to Perform as Subcontractor, Supplier and/orConsultant.

A Schedule C-1 executed by the MBE/WBE (or Schedule B/Joint Venture Subcontractor) must besubmitted by the bidder/proposer for each MBE/WBE included on their Schedule D-1 and must accuratelydetail the work to be performed by the MBE/WBE and the agreed rates and prices to be paid. If any fullycompleted and executed Schedule C-1 is not submitted with the bid/proposal, it must be received by theContract Administrator within ten (10) days of the bid/proposal opening. (All post bid/proposal submissionsmust have original signatures on all documents). Failure to submit a completed Schedule C-1 inaccordance with this section shall entitle the City to deem the bid/proposal non-responsive and thereforereject the bid/proposal.

B. Letters of Certification.

A copy of each proposed MBE/WBE firm's current Letter of Certification from the City of Chicago must besubmitted with the bid/proposal. All Letters of Certification issued by the City of Chicago include a


statement of the MBE/WBE firm's Area of Specialty. The MBE/WBE firm's scope of work, as detailed bytheir Schedule C-1, must conform to their stated Area of Specialty.

C. Joint Venture Agreements.

If the bidder's/proposer's MBE/WBE proposal includes the participation of a MBE/WBE as joint venture onany tier (either as the bidder/proposer or as a subcontractor), the bidder/proposer must provide a copy ofthe joint venture agreement and a Schedule B. In order to demonstrate the MBE/WBE partner's share inthe ownership, control, management responsibilities, risks and profits of the joint venture, the proposed jointventure agreement must include specific details related to: (1) contributions of capital and equipment; (2)work responsibilities or other performance to be undertaken by the MBE/WBE; and (3) the commitment ofmanagement, supervisory and operative personnel employed by the MBE/WBE to be dedicated to theperformance of the contract. The joint venture agreement must also clearly define each partners authorityto contractually obligate the joint venture and each partner's authority to expend joint venture funds (e.g.,check signing authority).

D. Required Schedules Regarding DBE/MBE/WBE Utilization.

Bidders must submit, together with the bid, a completed Schedule D-1 committing them to the utilization ofeach listed MBE/WBE firm. Except in cases where the bidder/proposer has submitted a request for acomplete waiver of or variance from the MBE/WBE commitment in accordance with Section 5.4. herein, thebidder/proposer must commit to the expenditure of a specific dollar amount of participation by eachMBE/WBE firm included on their Schedule D-1. The total dollar commitment to proposed MBEs must atleast equal the MBE goal, and the total dollar commitment to proposed WBEs must at least equal the WBEgoal. Bidders are responsible for calculating the dollar equivalent of the MBE and WBE goals aspercentages of their total base bids or in the case of Term Agreements, as percentages of the totalestimated usage. All commitments made by the bidder's Schedule D-1 must conform to those presented inthe submitted Schedule C-1. If Schedule C-1 is submitted after the opening (See Section 5.5A. above), thebidder/proposer may submit a revised Schedule D-1 (executed and notarized to conform with theSchedules C-1). Except in cases where substantial and documented justification is provided,bidders/proposers will not be allowed to reduce the dollar commitment made to any MBE or WBE in orderto achieve conformity between the Schedules C-1 and D-1.

All commitments for joint venture agreements must be delineated in the Schedule B.

5.6. REPORTING REQUIREMENTS DURING THE TERM OF THE CONTRACT

A. The Contractor will, not later than thirty (30) calendar days from the award of a contract by the City,execute formal contracts or purchase orders with the MBEs and WBEs included in their approvedMBE/WBE Utilization Plan. These written agreements will be made available to the Chief ProcurementOfficer upon request.

B. In the case of one (1) time procurements of supplies with either single or multiple deliveries to beperformed in less than one (1) year from the date of contract award, a "MBE/WBE Utilization Report",indicating final MBE and WBE payments will be submitted directly to the Department of ProcurementServices so as to assure receipt either at the same time, or before the using Department receivescontractors final invoice. (NOTICE: Do not submit invoices with "MBE/WBE Utilization Reports.")Final payments may be held until the Utilization Reports have been received.

C. During the term of the contract, the Contractor will submit quarterly "MBE/WBE Utilization Reports", a copyof which is attached. The frequency with which these reports are to be submitted will be in no case lessoften than on a quarterly basis. In the absence of written notice from the Chief Procurement Officer, thecontractors first MBE/WBE Utilization Report will be due ninety (90) calendar days after the date ofcontract award, and reports will be due quarterly thereafter.

D. MBE/WBE Utilization Reports are to be submitted directly to: Department of Procurement Services,


Division of Vendor Relations, City Hall, Room 400, 121 N. LaSalle Street, Chicago, Illinois 60602.

E. The Contract Compliance Administrator will be entitled to examine, on five (5) business days notice, thecontractors books and records including without limitation payroll records, tax returns and records, andbooks of account, to determine whether the contractor is in compliance with its commitment to MBE/WBEparticipation and the status of any MBE or WBE performing any portion of the contract. Such rights are inaddition to any other audit inspection rights contained in the contract.

5.7. MBE/WBE SUBSTITUTIONS

Changes by the contractor of the commitments earlier certified in the Schedule D-1 are prohibited. In some cases,however, it may become necessary to substitute a new MBE or WBE in order to actually fulfill the MBE/WBErequirements.

The contractor must notify the Chief Procurement Officer immediately in writing of the necessity to reduce orterminate a MBE/WBE subcontract and to utilize a substitute firm for some phase of work. The contractor'snotification should include the name, address and principal official of the substitute MBE/WBE and the dollar valueand scope of work of the subcontract. Attached should be all the requisite MBE/WBE affidavits and documents, asenumerated above in Section 5, "Procedure to Determine Bid Compliance."

The City will not approve extra payment for escalated costs incurred by the contractor when a substitution ofsubcontractors becomes necessary for the contractor in order to comply with MBE/WBE contract requirements.

After award of contract, no relief of the MBE/WBE requirements will be granted by the City except in exceptionalcircumstances. Requests for complete or partial waiver of the MBE/WBE requirements of this contract must bemade in writing, stating all details of the request, the circumstances, and any additional relevant information. Therequest must be accompanied by a record of all efforts taken by the contractor to locate specific firms, solicitMBE/WBE bids, seek assistance from technical assistance agencies, etc., as outlined above in the section entitled"Regulations Governing Reductions To or Waiver of MBE/WBE Goals."

5.8. NON-COMPLIANCE AND DAMAGES

The following constitutes a material breach of this contract and shall entitle the City to declare a default, terminatethe contract and exercise those remedies provided for in the contract, at law or in equity:

A. Failure to satisfy the MBE/WBE percentages required by the contract; and

B. The contractor or subcontractor is disqualified as a MBE or WBE, such status was a factor in contractaward, and was misrepresented by the contractor.

In the event that the contractor is determined not to have been involved in any misrepresentation of thestatus of the disqualified subcontractor or supplier, the contractor shall seek to discharge the disqualifiedsubcontractor or supplier, upon proper notification to the Chief Procurement Officer and/or ContractCompliance Administrator and make every effort to identify and engage a qualified MBE or WBE as itsreplacement. Furthermore, continued eligibility to enter into future contracting arrangements with the Citymay be jeopardized as a result of non-compliance. Payments due to the contractor may be withheld untilcorrective action is taken.

5.9. ARBITRATION

A. In the event a contractor has not complied with the contractual MBE/WBE percentages in its Schedule D,underutilization of MBEs/WBEs shall entitle the affected MBE/WBE to recover from the contractordamages suffered by such entity as a result of being underutilized; provided, however, that this provision


shall not apply to the extent such underutilization occurs pursuant to a waiver or substitution approved bythe City. The Ordinance and contracts subject thereto provide that any disputes between the contractorand such affected MBEs/WBEs regarding damages shall be resolved by binding arbitration before anindependent arbitrator other than the City, with reasonable expenses, including attorney's fees, beingrecoverable by a prevailing MBE/WBE in accordance with these regulations. This provision is intended forthe benefit of any MBE/WBE affected by underutilization and grants such entity specific third partybeneficiary rights. Any rights conferred by this regulation are non-waivable and take precedence over anyagreement to the contrary, including but not limited to those contained in a subcontract, suborder, orcommunicated orally between a contractor and a MBE/WBE.

B. An MBE/WBE desiring to arbitrate shall contact the contractor in writing to initiate the arbitrative process.Except as otherwise agreed to in writing by the affected parties subject to the limitation contained in thelast sentence of the previous paragraph, within ten (10) days of the contractor receiving notification of theintent to arbitrate from the MBE/WBE the above-described disputes shall be arbitrated in accordance withthe Commercial Arbitration Rules of the American Arbitration Association (AAA), a not-for-profit agency,with an office at 225 North Michigan Avenue, Suite 2527, Chicago, Illinois 60601-7601 [Phone: (312) 616-6560; Fax: (312) 819-0404]. All such arbitrations shall be initiated by the MBE/WBE filing a demand forarbitration with the AAA; shall be conducted by the AAA; and held in Chicago, Illinois.

C. All fees of the arbitrator are the initial responsibility of the MBE/WBE; provided, however, that the arbitratoris authorized to award reasonable expenses, including attorney's and arbitrator fees, as damages to aprevailing MBE/WBE.

D. The MBE/WBE must send the City a copy of the Demand for Arbitration within ten (10) days after it is filedwith the AAA. The MBE/WBE also must send the City a copy of the decision of the arbitrator within ten(10) days of receiving such decision. Judgment upon the award rendered by the arbitrator may beentered in any court of competent jurisdiction.

5.10. RECORD KEEPING

The Contractor shall maintain records of all relevant data with respect to the utilization of MBEs/WBEs, retainingthese records for a period of at least three years after final acceptance of the work. Full access to these recordsshall be granted to the City of Chicago, Federal or State authorities in this project, the U.S. Department of Justice, orany duly authorized representatives thereof.


INFORMATION SOURCES

Small business guaranteed loans; surety bond guarantees; 8 (a) certification:

U.S. Small Business Administration

500 W. Madison Street, Suite 1250

Chicago, Illinois 60661

General Information

(312) 353-4528

S.B.A. - Bond Guarantee Program Surety Bonds

500 West Madison, Suite 1250

Chicago, IL 60661

Attention: Carole Harris

(312) 353-4003

S.B.A. - Procurement Assistance

500 West Madison, Suite 1250


Attention: Robert P. Murphy, Area Regional Administrator

(312) 353-7381

Project information and general MBE/WBE information:

City of Chicago

Department of Procurement

Contract Administration

City Hall - Room 403


Buyer: Theresa McDonnell

(312) 744-4919

Directory of Certified Disadvantaged, Minority and Women Business Enterprises:

City of Chicago

Office of Compliance

Attn: Supplier Diversity Program

333 S. State Street, Suite 540


(312) 747-7778

E-mail: [email protected]


Information on MBE/WBE availability in the manufacturing, sales or supplies, and related fields (direct assistancefrom 42 regional affiliates located throughout the U.S.):

National Minority Suppliers Development Council, Inc.

1040 Avenue of the Americas, 2nd Floor

New York, New York 10018

Attention: Harriet R. Michel

(212) 944-2430

Chicago Minority Business Development Council

1 East Wacker Drive

Suite 1200


Attention: Tracye Smith, Executive Director

(312) 755-8880


6. ATTACHMENT A - ASSIST AGENCY

African American Contractors Association3706 S. Indiana AvenueChicago, IL 60653Phone #: (312) 915-5960Fax #: (312) 567-9919Web: NoneAttn: Omar Shareef, President

Chicago Urban League220 S. State Street11th FloorChicago, IL 60604Phone #: (312) 692-0766 Ext. 256Fax #: (312) 692-0769Web: www.cul-chicago.orgEmail: [email protected]: Joan Archie, DirectorEmployment, Counseling & Training

Asian American Alliance222 W. Cermak RoadSuite 303Chicago, IL 60616Phone #: (773) 326-2200Fax #: (773) 326-0399Web: www.asianamericanalliance.comEmail: [email protected]: Christine Takada, Executive Director

Cosmopolitan Chamber of Commerce1455 S. Michigan AvenueSuite 240Chicago, IL 60605Phone #: (312) 786-0212Fax #: (312) 786-9079Attn: Gloria Bell, Executive Director

Association of Asian Construction Enterprises333 N. Ogden AvenueChicago, IL 60607Phone #: (312) 563-0746Fax #: (312) 666-1785Web: NoneAttn: Perry Nakachi, President

Federation of Women Contractors5650 S. Archer AvenueChicago, IL 60638Phone #: (312) 360-1122Fax #: (312) 360-0239Attn: Beth Doria, Executive DirectorAttn: Sandra Gidley, AdministratorAttn: Debbie Smith, Administrator

Black Contractors United400 W. 76th StreetSuite 200Chicago, IL 60620Phone #: (773) 483-4000Fax #: (773) 483-4150Web: www.blackcontractorsunited.comAttn: Florence Cox, Executive Director

Hispanic American Contractors Industry Association(HACIA)901 West Jackson BoulevardSuite 205Chicago, IL 60607Phone #: (312) 666-5910Fax #: (312) 666-5692Web: www.hacia.infoEmail: [email protected]: Cesar A. Santoy, Executive Director

Chicago Minority Business Development Council,Inc.1 East Wacker DriveSuite 1200Chicago, IL 60601Phone #: (312) 755-8880Fax #: (312) 755-8890Web: www.cmbdc.orgAttn: Tracye Smith, Executive Director

Latin American Chamber of Commerce3512 West Fullerton AvenueChicago, IL 60647Phone #: (773) 252-5211Fax #: (773) 252-7065Web: www.latinamericanchamberofcommerce.comAttn: D. Lorenzo Padron, Chairman


Successful Independent Network Association (Sin)Street Address:2100 W. WashingtonChicago, IL 60612Phone #: (773) 271-1364Fax #: (773) 271-1364Web: [email protected]: Diane Jones, PresidentAttn: Arnette King, General Manager

Illinois Hispanic Chamber of Commerce (FormerlyMACC)33 N. Lasalle StreetSuite 1720Chicago, IL 60602Phone #: (312) 372-3010Fax #: (312) 372-3403Web: www.maccbusiness.comAttn: Juan Ochoa, President & CEO

Triton CollegeSmall Business Development Center2000 Fifth AvenueRoom D-104River Grove, IL 60171Phone #: (708) 456-0300 Ext. 3593Fax #: (708) 583-3118Web: www.triton.eduEmail: [email protected]: Geoffrey Barnes, Coordinator

National Association of Women Business OwnersChicago Chapter330 S. Wells StreetSuite 1110Chicago, IL 60606Phone #: (312) 322-0990Fax #: (312) 461-0238Web: www.nawbochicago.orgEmail: [email protected]: Diane Middlebrooks, President

Uptown Center Hull House4520 N. Beacon StreetChicago, IL 60640Phone #: (773) 561-3500Fax #: (773) 561-3507Web: www.hullhouse.org/edu.htmAttn: Curt Roeschley, DirectorSmall Business Development

Rainbow/Push Coalition930 E. 50th StreetChicago, IL 60615Phone #: (773) 256-2728Fax #: (773) 256-2751Web: www.rainbowpush.orgAttn: Angela Johnson, Deputy Director Trade Bureau

Women’s Business Development Center8 South Michigan AvenueSuite 400Chicago, IL 60603Phone #: (312) 853-3477Fax #: (312) 853-0145Web: www.wbdc.orgAttn: Hedy Ratner, Co-President

Carol Dougal, Co-President

Suburban Black Contractors848 Dodge AvenueSuite 347Evanston, IL 60202Phone #: (847) 359-5356Fax #: (847) 359-5367Web: NoneAttn: Larry Bullock, President

Revised 04-12-05


7. ATTACHMENT B

On Bidder/Proposer's Letterhead

RETURN RECEIPT REQUESTED

(Date)

Re: Specification No.: 75973

Project Name: Water Meter Installations

(Assist Agency Name and Address)

Dear _________________________:

___________________ (Bidder/Proposer) intends to submit a bid/proposal in response to the above referencedspecification with the City of Chicago. Bids are due _____________ advertised specification with the City of Chicago.

The following areas have been identified for subcontracting opportunities on both a direct and indirect basis:

Our efforts to identify potential subcontractors have not been successful in order to meet the Disadvantaged/Minority/Women Business Enterprise contract goal. Due to the inability to identify an appropriate DBE/MBE/WBEfirm certified by the City of Chicago to participate as a subcontractor or joint venture partner, a request forthe waiver of the contract goals will be submitted. If you are aware of such a firm, please contact

Name of Company Representative at Address/Phone

within (10) ten working days of receipt of this letter.

Under the City of Chicago’s MBE/WBE/DBE Ordinance, your agency is entitled to comment upon this waiver requestto the City of Chicago. Written comments may be directed within ten (10) working days of your receipt of this letter to:

Office of Compliance

Attn: Supplier Diversity Program

333 S. State Street, Suite 540


(312) 747-7778

E-mail: [email protected]

If you wish to discuss this matter, please contact the undersigned at ____________________.

Sincerely,


8. SCHEDULE B:AFFIDAVIT OF JOINT VENTURE (MBE/WBE)

This form need not be submitted if all joint venturers are MBEs and/or WBEs. In such a case, however, a written jointventure agreement among the MBE and WBE venturers must be submitted. In all proposed joint ventures, each MBEand/or WBE venturer must submit a copy of their current Letter of Certification.

All information requested on this schedule must be answered in the spaces provided. Do not refer to your jointventure agreement except to expand on answers provided on this form. If additional space is required, additionalsheets may be attached.

I. Name of joint venture: ________________________________________Address of joint venture: ________________________________________Phone number of joint venture: _______________________________

II. Identify each non-MBE/WBE venturer(s): __________________________________________Name of Firm: _______________________________________Address: ________________________________________Phone: ________________________________________Contact person for mattersconcerning MBE/WBE compliance: _______________________________________

III. Identify each MBE/WBE venturer(s): ________________________________________Name of Firm: ________________________________________Address: ________________________________________Phone: ________________________________________Contact person for mattersconcerning MBE/WBE compliance: _______________________________

IV. Describe the role(s) of the MBE and/or WBE venturer(s) in the joint venture:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

V. Attach a copy of the joint venture agreement. In order to demonstrate the MBE and/or WBE venturer'sshare in the ownership, control, management responsibilities, risks and profits of the joint venture, theproposed joint venture agreement must include specific details related to: (1) the contributions of capitaland equipment; (2) work items to be performed by the MBE/WBEs own forces; (3) work items to beperformed 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 ofthe project.

VI. Ownership of the Joint Venture.A. What are the percentage(s) of MBE/WBE ownership of the joint venture? __________

MBE/WBE ownership percentage(s) __________

Non-MBE/WBE ownership percentage(s) __________

B. Specify MBE/WBE percentages for each of the following (provide narrative descriptions and otherdetail as applicable):

1. Profit and loss sharing: __________


2. Capital contributions:

(a) Dollar amounts of initial contribution: _________

(b) Dollar amounts of anticipated on-going contributions: __________

C. Contributions of equipment (Specify types, quality and quantities of equipment to be provided byeach venturer):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

D. Other applicable ownership interests, including ownership options or other agreements whichrestrict or limit ownership and/or control:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. Provide copies of all written agreements between venturers concerning this project.

F. Identify each current City of Chicago contract (and each contract completed during the past two(2) 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, orwill be, responsible for, and have the authority to engage in the following management functions andpolicy decisions. (Indicate any limitations to their authority such as dollar limits and co-signatoryrequirements.):

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:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. 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):

1. Supervision of field operations: ____________________________________

2. Major purchases: _________________________________________

3. Estimating: ______________________________________________

4. 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 their compensation:___________________________________________________________________________________________________________________________________________________________________________

C. What authority does each venturer have to commit or obligate the other to insurance and bondingcompanies, financing institutions, suppliers, subcontractors, and/or other parties participating inthe 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 ventures workunder this contract. Indicate whether they will be employees of the non-MBE/WBE firm, the MBE/WBEfirm, or the joint venture.

Trade Non-MBE/WBE Firm (Number) MBE/WBE (Number) Joint Venture

Note: If any personnel proposed for this project will be employees of the joint venture:A. Are any proposed joint venture employees currently employed by either venturer? Currently

employed by non-MBE/WBE __________ (number) Employed by MBE/WBE __________

B. Identify by name and firm the individual who will be responsible for hiring joint venture employees:

___________________________________________________________

C. Which venturer will be responsible for the preparation of joint venture payrolls:

___________________________________________________________

X. Please state any material facts of additional information pertinent to the control and structure of this jointventure.

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


The undersigned affirms that the foregoing statements are correct and include all material information necessary toidentify and explain the terms and operations of our joint venture and the intended participation of each venturer in theundertaking. Further, the undersigned covenant and agree to provide to the City current, complete and accurateinformation regarding actual joint venture work and the payment therefore, and any proposed changes in anyprovision of the joint venture agreement, and to permit the audit and examination of the books, records and files of thejoint venture, or those of each venturer relevant to the joint venture by authorized representatives of the City or theFederal funding agency.

Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiatingaction under federal or state laws concerning false statements.

Note: If, after filing this Schedule B and before the completion on the joint ventures work on the project, there is anychange in the information submitted, the joint venture must inform the City of Chicago, either directly or through theprime 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 Date

On this _____ day of, 20_____, the above-signed officers

__________________________________________________________________,

(names of affiants)

personally appeared and, known to me be the persons described in the foregoing Affidavit, acknowledged that theyexecuted the same in the capacity therein stated and for the purpose therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Signature of Notary Public __________________________________

(SEAL)

My Commission Expires: _________________________________________


9. SCHEDULE C-1

Project Description: Water Meter Installations

Specification Number: 75973

From: MBE: Yes ___ No ___

(Name of MBE/WBE Firm) WBE: Yes ___ No ___

To: and the City of Chicago:

(Name of Prime Contractor)

The MBE/WBE status of the undersigned is confirmed by the attached letter of Certification from the City of Chicagoeffective date of _____________ to ______________ for a period of five (5) years.

The undersigned is prepared to provide the following described services or supply the following described goods inconnection with the above named project/contract:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

The above described performance is offered for the following price and described terms of payment:

$___________________________________________________________________%

_____________________________________________________________________

_____________________________________________________________________

If more space is needed to fully describe the MBE/WBE firms proposed scope of work and/or payment schedule,attach additional sheets.

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, and will do so within (3) three working days ofreceipt of a signed contract from the City of Chicago.

_______________________________________________(Signature of Owner, President or Authorized Agent of MBE/WBE)

_______________________________________________Name /Title (Print)

_______________________________________________Date

_______________________________________________Phone


10. SCHEDULE D-1AFFIDAVIT OF MBE/WBE GOAL IMPLEMENTATION PLAN


Specification Number: 75973

State of ___________________________________

County (City) of ___________________________

I HEREBY DECLARE AND AFFIRM that I am duly authorized representative of:

___________________________________________________________________

Name of Bidder/Proposer

and that I have personally reviewed the material and facts set forth herein describing our proposed plan to achieve theMBE/WBE goals of this contract.

All MBE/WBE firms included in this plan have been certified as such by the City of Chicago (Letters of CertificationAttached).

I. Direct Participation of MBE/WBE Firms

(Note: The bidder/proposer shall, in determining the manner of MBE/WBE participation, first considerinvolvement with MBE/WBE firms as joint venture partners, subcontractors, and suppliers of goods andservices directly related to the performance of this contract.)A. If bidder/proposer is a certified MBE or WBE firm, attach copy of City of Chicago Letter of

Certification. (Certification of the bidder/proposer as a MBE satisfies the MBE goal only.Certification of the bidder/proposer as a WBE satisfies the WBE goal only.)

B. If bidder/proposer is a joint venture and one or more joint venture partners are certified MBEsor WBEs, attach copies of Letters of Certification and a copy of Joint Venture Agreementclearly describing the role of the MBE/WBE firm(s) and its ownership interest in the jointventure.

C. MBE/WBE Subcontractors/Suppliers/Consultants:1. Name of

MBE/WBE: __________________________________________________

Address: __________________________________________________

Contact Person: __________________________________________________

Phone: __________________________________________________

Dollar AmountParticipation: $_________________________________________________


Percent Amountof Participation: _________________________________________________%

Schedule C-1attached? Yes ______ No ______ *

*(see next page)

2. Name ofMBE/WBE: __________________________________________________

Address: __________________________________________________

Contact Person: __________________________________________________

Phone: __________________________________________________




*(see next page)

3. Name ofMBE/WBE: __________________________________________________

Address: __________________________________________________

Contact Person: __________________________________________________

Phone: __________________________________________________




*(see next page)

4. Name ofMBE/WBE: __________________________________________________


Address: __________________________________________________

Contact Person: __________________________________________________

Phone: __________________________________________________




*(see next page)

5. Name ofMBE/WBE: __________________________________________________

Address: __________________________________________________

Contact Person: __________________________________________________

Phone: __________________________________________________




*(see next page)

6. Attach additional sheets as needed.

* All Schedule C-1s and Letters of Certification not submitted with bid/proposal must be submitted so asto assure receipt by the Contract Administrator within three (3) business days after bid opening (orproposal due date.)

II. Indirect Participation of MBE/WBE Firms

(Note: This section need not be completed if the MBE/WBE goals have been met through the directparticipation outlined in Section I. If the MBE/WBE goals have not been met through directparticipation, contractor will be expected to demonstrate that the proposed MBE/WBE directparticipation represents the maximum achievable under the circumstances. Only after such a


demonstration will indirect participation be considered.)

MBE/WBE Subcontractors/Suppliers/Consultants proposed to perform work or supply goods or serviceswhere such performance does not directly relate to the performance of this contract:A. Name of

MBE/WBE: _____________________________________________________

Address: _____________________________________________________

ContactPerson: _____________________________________________________

Phone: _____________________________________________________

Dollar AmountParticipation: $____________________________________________________

PercentAmount ofParticipation:

____________________________________________________%


B. Name ofMBE/WBE: _____________________________________________________

Address: _____________________________________________________

ContactPerson: _____________________________________________________

Phone: _____________________________________________________



____________________________________________________%


C. Name ofMBE/WBE: _____________________________________________________

Address: _____________________________________________________


ContactPerson: _____________________________________________________

Phone: _____________________________________________________



____________________________________________________%


D. Name ofMBE/WBE: _____________________________________________________

Address: _____________________________________________________

ContactPerson: _____________________________________________________

Phone: _____________________________________________________



____________________________________________________%


E. Attach additional sheets as needed.

* All Schedule C-1s and Letters of Certification not submitted with bid/proposal must besubmitted so as to assure receipt by the Contract Administrator within three (3) business daysafter bid opening (or proposal due date).


III. Summary of MBE/WBE Proposal:A. MBE Proposal

MBE Direct Participation (from Section I.)

MBE Firm Name Dollar Amount Percent

_________________________ $__________ __________%

_________________________ $__________ __________%

_________________________ $__________ __________%

Total Direct MBE Participation $__________ __________%

MBE Indirect Participation (from Section II.)

MBE Firm Name Dollar Amount Percent

_________________________ $__________ __________%

_________________________ $__________ __________%

_________________________ $__________ __________%

Total Indirect MBE Participation $__________ __________%

WBE Firm Name Dollar Amount Percent

_________________________ $__________ __________%

_________________________ $__________ __________%

_________________________ $__________ __________%

Total Direct WBE Participation $__________ __________%

WBE Indirect Participation (from Section II.)

WBE Firm Name Dollar Amount Percent

_________________________ $__________ __________%

_________________________ $__________ __________%

_________________________ $__________ __________%

Total Indirect WBE Participation $__________ __________%


To the best of my knowledge, information and belief, the facts and representations contained in this Schedule aretrue, and no material facts have been omitted.

The Contractor designates the following person as their MBE/WBE Liaison Officer:

Name: ________________________________

Phone Number: __________________________

I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true andcorrect, and that I am authorized, on behalf of the Contractor, to make this affidavit.

Signature of Affiant: _________________________________ Date: _________________

State of _____________________________

County 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 executed)

Notary Public Signature: ___________________________________

(Seal)

Commission Expires: ___________________


11. DBE/MBE/WBE UTILIZATION REPORTNOTICE: THIS REPORT IS NOT TO BE COMPLETED AT THE TIME OF BID OR PROPOSAL SUBMISSION. IFAWARDED A CONTRACT WITH AN APPROVED DBE/MBE/WBE PLAN, THE PRIME CONTRACTOR WILL BEREQUIRED TO SUBMIT THIS REPORT IN ACCORDANCE WITH THE REPORTING REQUIREMENTS STATED INTHE SPECIAL CONDITION REGARDING DISADVANTAGED OR MINORITY AND WOMEN BUSINESSENTERPRISE COMMITMENT.

Contract Administrator: Specification Number: 75973

Phone Number: Contract Number:

Date of Award:

Utilization Number:


STATE OF: ( )

COUNTY (CITY) OF: ( )

In connection with the above-captioned contract:

I HEREBY DECLARE AND AFFIRM that I am the

(Title – Print or Type)

and duly authorized representative of

(Name of Company - Print or Type)

( )

(Address of Company) (Phone)

and that the following Disadvantaged, Minority and Women Business Enterprises have been contracted with, andhave furnished, or are furnishing and preparing materials for, and rendering services stated in the contract agreement.

The following Schedule accurately reflects the value of each DBE/MBE/WBE sub-agreement and the amounts ofmoney paid to each to date.

DBE/MBE/WBEFirm Name

Indicate Type of Firm(DBE/MBE/WBE)

Amount ofContract

Amount PaidTo-Date

_______________ _______________ $_______________ ______________________________ _______________ $_______________ ______________________________ _______________ $_______________ ______________________________ _______________ $_______________ ______________________________ _______________ $_______________ ______________________________ _______________ $_______________ _______________

Amount Billed to City: $ ________________ Amount Paid to Prime Contractor:$ ___________________


For each DBE/MBE and/or WBE listed on this report, briefly describe the work or goods/services provided in relationto this contract. (Indicate line items, if applicable)

DBE/MBE/WBE Name Description of Work/Services And/or Goods Provided


I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are trueand correct, and that I am authorized, on behalf of the Contractor, to make this affidavit.

Name of Contractor:

(Print or Type)

Signature:

(Signature of Affiant)

Name of Affiant:

(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).


(Seal)Commission Expires: ___________________


12. DETAILED SPECIFICATIONS

12.1. SCOPE

The Contractor must furnish, deliver and or provide Water Meter Installations F.O.B., City of Chicago, Department ofWater Management at various locations throughout the City, in accordance with all the terms and conditions of thisspecification.

12.2. GENERAL WORK DESCRIPTION

The scope of work for this contract includes the installation of 5/8 inch and 1 inch water meters and meter interfaceunits (MIUs) for automated meter reading at various locations throughout Chicago. The placement and installationof meters at each individual site must be performed as indicated in the specifications and must comply and conformto all applicable federal, state, municipal laws and regulations.

Water meters, meter interface units (MIUs), and meter seals will be supplied by the Department of WaterManagement. All other materials (including but not limited to plumbing hardware required for meter installations, andmeter pit enclosures and covers) must be provided by the Contractor.

The Contract requires the installation of approximately five thousand (5,000) meters per year, for two (2) years withinthe Chicago city limits. Concurrent with the installation of meters by the Contractor, the Department of WaterManagement will also be installing meters with in-house staff. The Department will select all properties to bemetered, and make all meter installation appointments.

All unit quantities are for proposing purposes only and in no way guarantee the exact distribution and/or quantity ofwork to be issued under the terms of this contract.

12.3. ITEMS TO BE SUPPLIED BY THE CONTRACTOR

a. General. The Contractor must supply the following components and aspects of installation: overallproject management; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation; testing and quality control.

b. Tools and Materials. The Contractor must furnish all supplies, materials, tools and equipment necessaryfor the successful and timely completion of all meter and MIU installations under this contract as specifiedherein, except for the following items: water meters, meter interface units, seals and seal crimping tools,which will be furnished by the Department.

c. Meter Enclosures. See Exhibit A for a detailed description of the approved materials for outdoor meterenclosures.

d. Use of Digital Photography. The Contractor must use a digital camera to record site conditions bothbefore and after the meter installation. Each month the Contractor must submit a cumulative electroniccollection of all photo files created for the contract to date. Digital photos must be a minimum of three (3)megapixels and must be “stamped” with the date and time. The photos must be indexed by address,meter number, premise number, date taken and photographer name.

e. Vehicles. The Contractor must provide all vehicles required for the project. The Contractor must provideservice vehicles on site stocked with common fittings and supplies needed for normal service restorationand/or replacement. The Contractor’s vehicles, including private vehicles used for the work, must have


the company logo prominently displayed on both sides of the vehicle. Any employee of the Contractor orits subcontractors that drives a vehicle in connection with this project must have a valid drivers license forthe class of vehicle being driven, and must be insured as specified in this Contract.

f. Parking. The Department requires that the Contractor deploy vehicles to minimize parking problems andavoid blocking any streets. The Contractor must follow all parking laws. The Contractor must beresponsible for all parking violations.

g. Field Communications. All of the Contractor’s personnel assigned to this project must be equipped withcellular phones or radios so that problems or questions can be addressed immediately and theInstallation Manager can be contacted immediately if needed.

h. Datastream Work Order System. The Contractor must provide all installation teams a portablecomputer with high speed, wireless access, equipped with Datastream software, a work order systemused by the Department, and the product which will be used to assign all work to the Contractor, and tocontrol all work through its completion and inspection. The Datastream work order system is presentlyknown as Info EAM 8.4 or latest version which is currently in use by the Department.

12.4. PERMITS AND FEES

The special use of or removal, alteration or replacement of certain City owned facilities and appurtenances, such assigns, shrubbery, trees, etc. which will be required as a consequence of the Contractor’s Work will be subject to theapplicable municipal ordinances. It will be the Contractor’s responsibility to obtain all the necessary permits and paythe associated fees. Copies of such permits will be furnished to the Commissioner by the Contractor before anyWork is started. No Work will be allowed to proceed before such permits are obtained. No payment will be made forWork performed without the required permits, unless otherwise authorized by the City.

12.5. PROJECT OFFICE AND STORAGE AREA

Project Office. The Contractor must provide a project office and a storage area, within the City of Chicago,adequate to meet the requirements of the Contract. Administrative support must include adequate clericalpersonnel, computers (with all appropriate mass and removable storage devices), software (including Datastreamwork order system), fax and telephones to: receive customer calls, communicate with the Department, and processmeter installation work orders and related reports. The Contractor must also maintain an internet email address forcommunications and file transfers to/from Department. The Contractor must provide the Department with at leastone (1) week’s notice of changes in phone numbers and immediate notice of phone system outages.

Storage Area. The Contractor must provide ample space to store meters and other supplies and equipment asnecessary to perform the assigned work and fulfill the scheduled appointments.

Phone Service. The Contractor must have a staffed. twenty-four (24) hour emergency number. An answeringmachine or voice mail is not acceptable for the twenty-four (24) hour emergency number.

Facility Inspection. The Contractor must make all facilities associated with this contract available for inspection bythe Department prior to the start of work and at any time during the term of the Contract or warranty period.

12.6. PROJECT MANAGEMENT

Field Supervision. To ensure high quality field supervision, there must be a maximum of five "teams" assigned toany field supervisor. A "team" is defined as one or more persons working on a job. The use of a working supervisorto serve as a field supervisor is acceptable. The working supervisor's team, however, is considered to be one of thefive teams for supervisory purposes.


Project Management Reporting. The Contractor must submit regular reports to the Department describing allaspects of the program including descriptions of performance relative to assignments. Report formats and frequencywill be established with the Department.

Accessibility of Contractor Staff. The Department will, at all times, be provided with cellular phone numbers, andspecific office and home telephone numbers of the Contract Manager and Installation Manager. Said ContractManager and Installation Manager must respond promptly and fully to all Department communications at all times(including nights, weekends and holidays). All Contractor field staff must be equipped with cellular phones.

Reports. Installers must be equipped with portable computers with high speed wireless access, and must updateand complete work order records as soon as the installation work is complete.

Contract Management Meetings. The Contract Manager must meet with the Department personnel periodicallyand not less than monthly to update them on progress.

Installation Management Meetings. The Contract Manager must meet with installation staff as needed to ensurethat staff are fully aware of their own performance and to arrange for any needed training to ensure consistently highquality in all aspects of the work.

12.7. QUALITY OF WORKMANSHIP AND MATERIALS

Standards of Performance. The Contractor must perform or cause to be performed, all Work required of it underthe terms and conditions of this Contract with that degree of skill care and diligence normally exercised byexperienced Contractors performing work in projects of a scope and magnitude comparable to this project. TheContractor must use reasonable efforts to assure timely and satisfactory completion of the Work. The Contractormust at all times, act in the best interest of the City. The Contractor must perform or cause to be performed, all Workin accordance with the terms and conditions of this Contract and to the reasonable satisfaction of the City.

The following performance standards must be maintained:

STANDARD DEFINITION MEASUREDOVER (TIMEPERIOD)

LIMIT IMPACT ON CONTRACTOR

InstallationQuality

Percent of installation deemedunsatisfactory upon quality controlinspection by DOWM

1 month 1% No new work given ifinstallation quality does notimprove to acceptable levelsin following month

Contacts forinaccessiblepipes

Percent of customers who haveobstructed or inaccessible pipes forwhich three (3) attempts were madeto install the meter

1 month 99% No new work given untilcontact percentage reached

Late arrivals Installation Contractor arrives late foran appointment and fails to notifycustomer ahead of time

As occurs N/A $25 liquidated damages foreach instance

Missedappointments

Installation Contractor missesscheduled appointment and fails tonotify customer

As occurs N/A $300 liquidated damages foreach instance

CustomerComplaints

Percentage: Number of customercomplaints divided by totalinstallations

1 month 3% Retraining employees onwhatever deficiency isinvolved, still no improvement,possibility of contracttermination


Customercomplaintresponse time

From time of call to callback

From time of call to on-site responseif needed

As occurs 1 hour

3 hours

$300 liquidated damages

Problemaccount follow-up

Contractor has fifteen (15)days tomake repairs on 99% of theaccounts for which a confirmingreading was not received from themobile system and in which apreliminary investigation by DOWMdetermines a possible cause isrelated to Installation Contractor

Days fromwhichInstallationContractor isnotified of theproblemaccounts

99% Fifteen (15) days to correctproblem. If problem notcorrected, 10% moniesretained on future invoicesuntil such time as problemsare corrected.

Datadiscrepancy

Percent of work orders turned baskto Installation Contractor after failingdata validation

1 month 1% No payment made until datamatches and confirmingreading obtained. If notresolved, possibility ofcontract termination

If the Contractor fails to meet the performance requirements of this Contract, the Contractor must: submit justificationfor his inability to meet the requirement, submit a proposal to remedy the performance, and modify his operation toprovide such amended procedures, additional materials, equipment, and labor necessary to meet the requirement.

Work Stoppage. Should work cease for any reason, the Contractor must notify the Department immediately. TheContractor must then notify the Department at least twenty (24) hours before resuming operations.

Correction of Work. The Contractor when directed in writing by the Commissioner, will promptly remove, re-perform or correct all Work identified to be defective or as failing to conform to the standards set forth above or inthe Contract Documents, whether observed before or after completion of the Contractor’s Work and whether or notinstalled or completed. The Contractor will bear all costs of correcting such defective or nonconforming Work,including costs associated with removing any nonconforming Work and installing corrected Work and compensationfor any additional services made necessary thereby.

Failure to Proceed with Directed Work. In case of failure on the part of the Contractor to execute Work ordered, inwriting, by the Commissioner, the Commissioner may, at the expiration of a period of forty-eight (48) hours, requestthe Chief Procurement Officer to give notice, in writing, to the Contractor and proceed to execute such Work as maybe deemed necessary and the cost thereof, will be deducted from compensation due or which may become due theContractor under this Contract.

12.8. DEPARTMENT RESPONSIBILITIES

Installation Schedule. The Department will solicit volunteers for the installation of meters and schedule theinstallations. The information will be forwarded to the Contractor as a work order in the DataStream work ordersystem.

Department Project Manager. The Department will designate an employee or agent who will manage the projecton behalf of Department. The function of this Project Manager is to coordinate with the Contractor and ensurecompliance by the Contractor with the specifications. The designation of a Project Manager shall not relieve theContractor of its full responsibility to comply with the terms of the Contract and/or all plans and specifications.


Installation Acceptance. Each installation will be accepted by the Department conditioned upon (1) electronicsubmission of a list of completed installations containing for that installation the premise identification number,address, meter serial number, meter reading, MIU serial number, location of meter and MIU, installer’s name,Contractor’s inspector’s name, and all other information relevant to the installation; (2) at its option, satisfactoryinspection by the Department; (3) successful capture of a confirming meter reading or sequence of meter readingsfrom that meter and MIU by the Department operating the AMR system in a normal way; and (4) confirmation thatMIU ID numbers, meter register numbers and other information have been correctly captured in the AMR controlsystem database and/or Department’s project management database for each customer’s premises.

Installation Conditional Acceptance. If the Department does not inspect the installation within seven (7) calendardays of being notified of the installation, or if the Department does not attempt to obtain confirming readings for theinstallation within seven (7) calendar days of being notified of the installation, or if the Department does not confirmthat the correct information for the installation has been captured in the control system database and/or theDepartment’s project management database within seven (7) calendar days of being notified of the installation,through no fault of the Contractor, then such installation will be deemed by the Department to be conditionallyaccepted, and the Department will pay the Contractor. However, if the Department finds discrepancies in theconditions of acceptance within twelve (12) months after the date it was notified of installation, the Department willdebit the payments from any amounts owed the Contractor, and remand the work to the Contractor for correction.

12.9. WORK PROCEDURES

Discussion with Property Owner. Before any installation work begins, the Contractor must discuss with the ownerwhere the meter will be installed, any hole that will need to be cut into walls, whether doors will be installed, wherethe wire will be installed, and where the MIU will be installed. If an access door is required, explain whether the doorwill be installed at the same time as the meter installation, or whether a second visit will be required. Show theCustomer a meter and an MIU. If a pit is required, (and that decision has been approved by the Department) theDepartment will discuss the pit location with the property owner.

Completed Permission Form. The Contractor must obtain a completed permission form signed by the propertyowner (see Exhibit D) permitting each and every installation before the work begins. The form must explicitlydescribe any wall openings to be made for the installation and when any access door will be installed.

Procedures Testing. Prior to the commencement of full-scale installation, the Contractor must install approximately400 meters and MIU’s following the approved procedures. During this test and a period not longer than twenty (20)business days following it, the Department will evaluate the procedures for public notification, schedulinginstallations, meter and MIU installation, data transfer to the Department’s billing system, meter reading over thesystem, installation data management and project control, and problem resolution, to ensure they are working andeffective. The Department may require the Contractor to modify any procedures that it deems are deficient orineffective or otherwise unacceptable to the Department. No other work will be started until the project controlprocedures and systems are determined to be performing well, and the installation procedures have been approvedby the Department.

Access to Valves. If an inside control valve is not accessible, the Contractor must contact the Department to makea determination to cite the owner to make it accessible.

Replacing Valves. If inside control valves that have been shut off cannot be reopened, the Contractor must replacesuch valves following Department rules, regulations and specifications, upon being authorized by the Department.The Department will reimburse the Contractor for the valve replacement in accordance with the Schedule of Pricesfor this Contract.


Inaccessible Pipes. In the event the pipe is obstructed or is not accessible, the Contractor must make at least three(3) attempts at any reasonable time within 30 days of encountering the inaccessible pipe, to notify the customer toremove the obstruction or provide access to the meter installation site. These attempts must be documented on theservice order record. After three documented attempts to install the meter, Installation Manager may request theDepartment Project Manager to direct the customer to provide access and schedule the meter installation. IfDepartment is unable to provide access, the Contractor is relieved of the obligation to install a meter. The Contractorwill only be paid for completed installations and is expected to provide all reasonable support in resolving difficultinstallation situations.

Repairs. At its option, the Department may authorize the Contractor to make any necessary repairs to service linesor piping, order the customer to make such repairs, or undertake such repairs itself.

Service Line Damage. The Contractor must be responsible for repairing any service line it damages at its sole costand expense, unless he has reported (prior to commencement of installation) a condition of antiquated or inferiorplumbing to the Department and the Department has authorized the Contractor to proceed with the work. (SeeSection 13.5). In the event a service line fails during or after the installation procedure has been authorized toproceed, the Contractor must perform the necessary repair work to the water service line. The cost of this additionalservice will be reimbursed to the Contractor in accordance with the Schedule of Prices for this Contract. This pricewill include site preparation, all labor, material and permits as required. All work must comply with Department’sstandards for service repairs or replacement. All plumbing work other than the installation of a water meter must beauthorized and inspected by the Department and will be subject to Department approval. Any damage done by theContractor outside the area and scope of the work of the Contract must be repaired or replaced at Contractor’s solecost and expense.

Completed Work Orders. All information requested on the work order must be completely filled out for theinstallation to be considered complete and eligible for payment.

Restrictions and Special Reports. The installer must list on the work order any information such as: a dog problem,leaking plumbing, leaking water tank, cross connections, arcing ground cable, etc. Problems of an urgent nature(such as an arcing electrical ground or a serious leak) must be reported to the Department immediately and thehomeowner shall be notified while the installer is on site.

12.10. PUBLIC CONVENIENCE

All work performed under this Contract will be so conducted as to cause a minimum of dust, noise and inconvenienceto the normal activities of the facility where the work is performed. The Contractor is responsible for conducting allwork in such a manner as to minimize debris left in the public way and shall provide clean-up as required by theCommissioner. Whenever the Commissioner determines any type of operation constitutes a nuisance, theContractor will immediately proceed to conduct it operations in an approved manner.

The Commissioner may at any time require additional provisions if such are deemed necessary for public safety orconvenience.

12.11. CLEAN UP

The Contractor must, during the progress of the work, remove and dispose of all materials and the resultant dirt anddebris on a daily basis and keep the work site(s) and adjacent premises in a clean condition satisfactory to theCity. Upon completion of work, the Contractor must remove all materials, tools and machinery and restore the site tothe same general condition that existed prior to the commencement of its operation.


12.12. PROTECTION OF PEOPLE, WORK, DAMAGES AND REPAIRS

The Contractor must provide protection for all uncompleted work under this contract until the work has beencompleted and accepted by the City.

The Contractor will be responsible for and shall repair and pay for damages to new and existing structures, material,equipment, plant, stock and apparatus during the course of the work, where such damage is directly due to workunder this contract, or where such damage is the result of the negligence, or carelessness on the part of theContractor or of its employees, or on the part of the Contractors subcontractor or its employees. However, theContractor must first immediately notify the Commissioner, or his authorized representative, and report the natureand extent of damages prior to making any such necessary repairs.

In the case of any injury to people, or damage to private or public property, the Contractor must submit a writtenreport to the Department Project Manager within one hour detailing: account number, location, date and time in andout, nature, details and final status of emergency service requests. The Project Manager must be notifiedimmediately of calls received or work performed regarding repairs to a service main. Notification can be made duringnormal working hours (9:00 a.m.-5:00 p.m.) by calling the Project Manager’s office phone or cell phone and duringother hours by calling a number which will be provided when the Contract is awarded.

12.13. CONTRACTOR'S EMPLOYEES

The Contractor must be appropriately licensed to perform the tasks undertaken pursuant to this Agreement, ifrequired by law. Contractor must ensure that all tasks that require the exercise of professional skills or judgment areaccomplished by professionals qualified and competent in applicable discipline, and that all employees orsubcontractors are appropriately licensed as may be required by law.

Bonding. The Contractor must bond all licensed plumbers and installers. The Contractor must employ onlycompetent, efficient workers of the highest character and fitness, and must not use any person not skilled in the workassigned to them to perform any work under this Contract. The Contractor must provide the Department with thename of any proposed employee, and other information as may be required. The Department reserves the right todisapprove the use of any proposed employee on this Contract. However, the Contractor must be solely responsiblefor selecting its employees and for the behavior of its employees.

Background Checks. Each prospective employee of the Contractor must be subject to a criminal background checkof each state and county in which the prospective employee has resided during the last ten years and a check of theprospective employee’s driver’s license and vehicle registration. Such checks must be performed at the Contractor’ssole cost and expense by a licensed private security firm retained by the Contractor. The results of theseinvestigations must be made available to the Department if requested. The Contractor must have a backgroundcheck for each employee performed annually over the duration of the contract. Any oversight provided by theDepartment will in no way relieve the Contractor of the responsibility to hire personnel with the appropriate characterand fitness to perform the work required.

Training and Inspection of Employees. Contractor must train all employees in the subject areas required by theDepartment, including technical aspects of meter, MIU, and meter pit installations; record-keeping related to the fieldwork; and customer service. The Department will provide training materials in these areas, which the Contractormust copy as needed. The Department will provide training one time to key Contractor employees, who must trainthe balance of the Contractor’s staff. The Contractor must also provide all other training needed to ensure that allfield staff performing meter installation work are trained in these technical specifications, manufacturers’ procedures,OSHA regulations and any other technical tasks required to perform the work. Meters must be installed by qualifiedpersonnel who have met minimum certification requirements. The content and scheduling of such training andcertification program must be subject to the prior approval of the Department’s Project Manager. During this programthe field staff must be trained in the technical and procedural aspects of the work for a minimum of eight (8) hours. In


addition to this, the field and office staff must be instructed for a minimum of four hours on the professional andcourteous manner in which they must conduct themselves when dealing with the Department customers and basicfacts concerning the metering program and the customer service, notification, and record-keeping requirements ofthis contract. The training program must be in the Contractor's shop or training facility, not in customers' homes.Upon satisfactory completion of the certification program, field staff must complete five days of work under directsupervision of qualified supervisors. After an employee completes 100 installation projects, the Contractor mustevaluate the employee’s ability and forward the results to the Department’s Project Manager. The training programmust include written and practical tests. The Department’s Project Manager, or his designee, may attend anytraining class for the purpose of program evaluation.

The Contractor must at all times enforce strict discipline and good order among its employees. The Contractor mustbe solely responsible for the performance and integrity of its employees and must indemnify and hold the Cityharmless from and against any claims or causes of action resulting from the actions or activities of its employees.The Contractor agrees that should the Department notify the Contractor in writing that it deems any employee of theContractor to be careless, incompetent, disorderly, or otherwise unsatisfactory, such employee must immediately beremoved from any and all of the work under this Contract. Employees removed under the foregoing provision mustnot again be assigned on this, or any other meter installation contract with the Department, except with writtenconsent of the Department. Contractor must subject all employees to drug and alcohol testing. Contractor must notemploy as Installer any person who fails these checks. Department reserves the right to review all backgroundchecks and prevent any such employee from working on Department projects.

Uniforms and Identification. The Contractor’s field personnel must wear easily recognizable uniforms containingthe Contractor’s name, as well as prominently displayed picture identification badges containing the Contractor’sname, employee name, title and signature, employee picture and employee I.D. number. Employees must also beissued and carry identification cards issued by the Department. The Contractor’s employees who are no longeremployed by the Contractor must be required to return their uniforms and identification cards immediately upontermination of employment and the Contractor must immediately notify the Department of all such terminations and ifidentification cards were received from terminated employee.

Socializing. Contractor's employees must refrain from socializing with, or using facilities of, the Department’scustomers. If a situation occurs between employee and the customer such as: arguments, accusations, offers, etc.,the employee must report this on the work order and report it within one business day.

Contractor Employees. (i) Contractor may be subject to the May 31, 2007 Order entitled “Agreed SettlementOrder and Accord” (the “Shakman Accord”) and the August 16, 2007 “City of Chicago Hiring Plan” (the “City HiringPlan”) entered in Shakman v. Democratic Organization of Cook County, Case No 69 C 2145 (United State DistrictCourt for the Northern District of Illinois). Among other things, the Shakman Accord and the City Hiring Plan prohibitthe City from hiring persons as governmental employees in non-exempt positions on the basis of political reasons orfactors.

(ii) No City employee may direct an individual to apply for a position with Contractor, either as an employee or as asubcontractor. Nor may any City employee direct Contractor to hire an individual as an employee or as asubcontractor. Contractor must follow its own hiring and contracting procedures, without being influenced by Cityemployees. The meter installation workers provided by Contractor under this Contract are employees orsubcontractors of Contractor, not employees of the City of the City of Chicago. This Contract is not intended to anddoes not constitute, create, give rise to, or otherwise recognize an employer-employee relationship of any kindbetween the meter installation workers /professionals provided by Contractor and the City.

(iii) Contractor will not condition, base, or knowingly prejudice or affect any term or aspect of the employment of anymeter installation workers provided under this Contract or offer employment as a meter installation workers underthis Contract based upon or because of any political reason or factor, including, without limitation, any individual’spolitical affiliation, membership in a political organization or party, political support or activity, political financialcontributions, 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 identifiablegroup 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 politicalorganizations or parties or candidates for elected public office.

12.14. WORK IN PROGRESS

Work in progress at the termination date of the contract will be completed by the Contractor in the most expedientmethod available. In no event will the Contractor vacate his/her obligations under this agreement until all workissued to him/her prior to the expiration of the Contract has been completed and accepted by the Department ofWater Management.

12.15. EXCLUSIVE WORK AGREEMENT

Soliciting. The Contractor and/or its employees or subcontractors will not solicit or accept any business from theproperty owner nor must they attempt to solicit or accept any business for a period of two (2) years from the date ofthe work under this Contract. The Contractor and its employees or subcontractors must not solicit or accept anypayment or gratuity for performing the work of this contract other than payments made by the City pursuant to theContract. The Contractor must obtain signed statements from all employees and subcontractors confirming theirunderstanding of these restrictions and that violations may lead to dismissal. The Contractor is advised that periodic,random checks will be conducted by the Department during the contract period and the years afterward. Failure tomeet this requirement may result in termination of the Contract by the Department.

Referrals Prohibited. The direct or indirect recommendation to property owner(s) or their representatives, made byor through the Contractor or its employees, of a particular plumber or other company for the performance of any workis strictly prohibited.

12.16. CONFIDENTIALITY

Data Property of City of Chicago. Any customer information provided to the Contractor for their use in this contractor gathered by the Contractor in the execution of this contract is the property of the City of Chicago. It is not publicinformation and must not be used for any purposes other than this Contract nor must it be sold or given by theContractor to any party.

All Deliverables and reports, data, findings or information in any form prepared, assembled or encountered by orprovided by Contractor under this Contract are property of the City and are confidential, except as specificallyauthorized in this Contract or as may be required by law. Contractor must not allow the Deliverables to be madeavailable to any other individual or organization without the prior written consent of the City. Further, all documentsand other information provided to Contractor by the City are confidential and must not be made available to any otherindividual or organization without the prior written consent of the City. Contractor must implement such measures asmay be necessary to ensure that its staff and its Subcontractors are bound by the confidentiality provisions containedin this Contract.

Contractor must not issue any publicity news releases or grant press interviews, and except as may be required bylaw during or after the performance of this Contract, disseminate any information regarding its Services or the projectto which the Services pertain without the prior written consent of the Commissioner.

If Contractor is presented with a request for documents by any administrative agency or with a subpoena ducestecum regarding any records, data or documents which may be in Contractor's possession by reason of thisContract, Contractor must immediately give notice to the Commissioner and the Corporation Counsel for the Citywith the understanding that the City will have the opportunity to contest such process by any means available to itbefore the records or documents are submitted to a court or other third party. Contractor, however, is not obligated towithhold the delivery beyond the time ordered by the court or administrative agency, unless the subpoena or requestis quashed or the time to produce is otherwise extended.


13. PROJECT START-UPStart-up Conference. After the award of the Contract, but before the issuance of a "Notice to Proceed", theDepartment will schedule a start-up conference. At or before the conference the Contractor must describe itsorganizational structure showing responsibilities and duties of employees, supervisors, and managers and provide aproject plan. The conference may also be used for discussion/review of submittals, payment application proceduresor other issues of mutual interest.

Submissions. Upon receipt of a “Notice to Proceed” from the Department, the Contractor must prepare and submit,within fourteen days, the following documents/materials, unless other submission dates are mentioned elsewhere inthese documents.

a. Selected Meter setter (catalog/specification data and sample)b. Connectors, couplings (specification/catalog data)c. Staff ID Materials and background checks (documentation, samples of ID’s and uniforms)d. List of vehicles w/ license numbers, including private vehicles used during work daye. Training materials in addition to materials provided by Department; written procedures; testsf. Subcontractors and suppliersg. Data input QA proceduresh. Email addressi. Signed notices concerning solicitation (Section 12.15)j. Samples of Department-designed or approved customer notices, door hangers, meter identification tagsk. Piping materials, valves, check valves (catalog cuts, specifications, samples)l. Organizational structure: Contract Manager, Installation Manager, supervisors, Teams, with cell phone

numbersm. Project Plan/Schedulen. Pit enclosures (for 5/8 inch & 1 inch meters), enclosure collars, lids (catalog cuts, specification samples)o. Access doors (catalog cuts, specifications, samples)p. Pipe detection instrumentation (catalog cuts, specifications, samples)

All materials, methods and other submissions are subject to written approval. Claims concerning verbal approvals ofmaterials, methods or procedures will not be accepted at any time during this contract.

13.1. CUSTOMER SOLICITATION AND NOTIFICATION

Initial Solicitation. The Department will solicit volunteers from their Customers and maintain a database of thevolunteers and selected information about them, including their contact information.

Contractor Solicitation. The Contractor staff must not solicit additional volunteers, either over the telephone orwhile in the field.

13.2. CUSTOMER APPOINTMENTS

Appointments. The Department will make appointments to install meters at times that meet the desires of thecustomers to the greatest extent practical. The installations will be scheduled by the Department between 8:00 a.m.and 7:00 p.m., Monday through Saturday. The Department will assign some meter installations to its in-house staff,and some to the Contractor. The Department will make all reasonable efforts to provide work assignments to theContractor that are geographically close together, and in a steady volume.

13.3. CONTRACTOR WORK HOURS

Work Hours. The Contractor must accommodate appointments for installations Monday through Saturday, duringthe day and into the evening, in accordance with the appointment schedule set by the Department. The Contractor


must provide staffing for regular workloads during evening and Saturday hours, anticipating that a great manycustomers will want to avoid taking time off from their jobs.

Appointment Windows. The appointment windows must be approximately three (3) hours. The Contractor’s staffmust use cell phones to keep customers informed of the precise schedule of installers, i.e., telling customers whenthey are running late or telling them more precisely when they expect to arrive, as part of the Department’s goal ofproviding the highest level of customer service possible. The Contractor must also call customers the day before thescheduled installation, reminding them of the appointments in order to minimize missed appointments. If theContractor is late for an appointment and has failed to notify the customer two (2) hours before the appointmentwindow ends, the Department will assess liquidated damages of $25. If the Contractor misses an appointment andfails to notify the customer or the Department at least twenty-four (24) hours in advance, the Department will assessliquidated damages of $300.

13.4. SITE VISITATION

Site Conditions. The Contractor must familiarize himself with the conditions under which this work is to be doneand with the type of obstacles to be overcome. He must have full knowledge of: transportation, handling and storageof the materials, availability of electric power, and all other facilities in the area. Bids must be based on a priorrepresentative sampling of premises in the contract area. The submission of a bid must be held as anacknowledgment that the Contractor has examined the scope of work and understands both the work and theproblems which must be solved to complete the work.

Responsibility. Failure of the Contractor to acquaint himself with all the available information must not relieve himfrom any responsibility for properly performing the work. Gaining familiarity with the conditions of the contract areaafter bidding will not be considered a justification for change orders. No additional compensation will be allowed forconditions increasing the cost, which were not known to, or appreciated by him, when submitting a proposal.

13.5. CONTRACTOR INSPECTION AND EVALUATION OF INSTALLATION SITE

Pre-inspection by Contractor. Prior to beginning work at a location, the Contractor must inspect and photographthe existing conditions and determine which type of meter installation and technology is appropriate -- indoor versusoutdoor and meter type. If the Department indicates that such a survey has already been completed and the type ofinstallation has been determined by the Department, the site must still be photographed by the Contractor todocument existing conditions. The contractor must determine the necessity of installing an outdoor pit. If theContractor believes the site requires an outdoor pit, or is unsure whether the circumstances dictate these steps, theContractor must contact the Department and receive their approval before proceeding with the installation. This mayentail waiting for an inspection by Department staff.

Assessment of Piping Condition. Before attempting installation of the meter, the condition of the existing servicepiping and house shut-off valves must be inspected by the Contractor. The Contractor must use all informationavailable, including an inspection of the existing water service and shut-off valve(s) to make the evaluation. If theContractor determines that existing conditions are such that damage to the existing service or distribution piping, orthe customer's property, would result from attempting to install the meter, the Contractor must first attempt to contactthe Department for an immediate assessment. If immediate support is not available, the Contractor must promptlynotify the Department by e-mail with accompanying digital photos. The Contractor must not proceed with work atthat location without further direction from the Department. Weekly the Contractor must provide the Department withan electronic list of properties for which the Contractor is waiting for direction from the Department. The file must bein an Excel spreadsheet or other approved format. The file must include the following information: Account Number,Street Address, City, Zip Code, Customer Name, Comments explaining the problem in detail, and the Date theproblem was referred to the Department. An up-to-date electronic file of all outstanding referrals must be submittedeach month with each request for payment. An invoice will not be considered complete unless it includes an up-to-date file.


Imminent Failure. The age of the pipe alone will not be accepted as an excuse or reason for not attempting aninstallation. Pipe which is leaking or deteriorated and is in danger of imminent failure will be accepted as a reasonfor not attempting an installation. Missing or broken shut-off valves will not be accepted as imminent failure if thesupply of water can be shut off using a freeze kit. For cases where the Contractor finds that the service pipe is inpoor condition, the Department must concur that the pipe is in danger of imminent failure, and the Department willtake appropriate steps to have the customer use their own licensed plumber to have the pipe repaired or replaced.When a piping deficiency is corrected, the Contractor must install the meter. In all cases claiming “imminent failure”the Contractor must provide a specific written report, including photos, concerning the problem and the Departmentmust concur that the pipe is in danger of imminent failure, before “imminent failure” will be accepted as a basis forreturning a work order to Department. If Department does not concur that the condition of the pipe reflects an“imminent failure” and the Contractor fails to install the meter by not making the attempt, liquidated damages may beassessed.

Imminent Failure Liability. If the Department does not concur with the Contractor's judgment, as outlined above,and instructs the Contractor to install the meter, and the customer's service or distribution piping becomes damaged,the Contractor must repair such damage immediately. If the damage was due to the condition of the pipe, theDepartment will reimburse the Contractor according to the Schedule of Prices, subject to verification by Department.

13.6. OUTDOOR INSPECTION

The Contractor must perform the following steps upon arrival at the property to be metered:

Eligibility. Ensure the property is eligible for a meter installation under the Department’s Program. The propertymust be a one-family or two-flat residential property. The property may not be mixed use, with a store andapartments.

Buffalo Box. Locate the Buffalo Box (B-Box) containing the valve controlling the flow of water into the premiseswhen first arriving at the property. If the B-box is located, but is filled with debris, clear it out using compressed air orother means. If the B-box cannot be located, or if it cannot be cleared of debris, call the Department to notify them ofthe problem and to request a Department work crew to service the B-box. Note on the installation work order that thecall was made. If significant work needs to be performed on the B-box, and the meter needs to be installed in a pit,that Department work crew will also install a pit and a meter.

Existing Meter Pit. Determine if there is an existing meter pit, and whether it contains a standard meter setting.Determine whether the piping and pit are in good repair, suitable for installing a meter. If the pit or pipes needrepairs, Department supervisors may elect to have the repair work completed by the Contractor, or assign the job toa Department crew (and have the meter installed at the time of the pit repair). If the pit and pipes are in goodcondition, complete the property inspections, have discussions with Property Owner and install the meter in the pit.

MIU Location. Examine probable sites for the MIU, on the front of the building or on the sides near the front.Determine which sites are less likely to be subject to damage or blocking (garbage can storage, cars parked, traffic).Notice the basement windows and the level of the ground relative to the windows to help determine the location ofthe exit hole for the wire.

13.7. INDOOR INSPECTION

The Contractor must perform a general survey of the building to determine any site-specific plumbing conditions.While performing the survey, the property owner must accompany the Contractor. The Contractor must perform thefollowing steps inside of the property:


Site Safety. Evaluate whether the basement is reasonably safe before entering. Ensure there is no flooding, stepsare in reasonable repair, animals are contained, site is sanitary, etc. If the site is not safe, inform the customer inwriting of conditions that need to be remedied before service can be performed. (See Exhibit C).

Control Valve. Locate and inspect the “street-side” control valve inside the property at the point that the waterservice enters the building.

Water Control to Premises. If there is more than one building on the premises (e.g., a main house and a coachhouse) supplied by one water service and one B-box at the front of the main house, and they are owned by the sameperson, a meter can be installed inside provided that the street-side control valve in the main house controls thewater service to both buildings. If the control valve at the main house or building does not control the service to theother building(s), a pit will have to be installed. Contact the Department to request a verification of the decision toinstall a pit.

Control Valve Operation. If the control valve is not effective or reliable, and the B-box cannot be found or needs tobe serviced, the meter can still be installed by freezing the water in the service pipe. If there is not enough pipeexposed to allow freezing, the meter cannot be installed until the B-box is serviced. The Contractor must call theDepartment supervision to confirm this judgment. The Department will explain the problem to the customer andleave written notification with the customer. (See Exhibit C).

Asbestos Insulation. Inspect any insulation on the pipe at the proposed meter installation site. Plan to restore anyinsulation that might be disturbed, or add any insulation that might be needed. The Contractor must determinewhether there is any risk of disturbing asbestos insulation with the installation. If there is, the meter installationcannot proceed. The Contractor must call the Department to confirm this judgment. The Department will explain theproblem to the customer and direct them to have the insulation tested (and, if necessary, abated on the pipe withinthree feet (3’) on either side of the proposed installation) and to have documentation demonstrating that any problemhas been resolved before rescheduling the installation. Leave written notification with the customer. (See Exhibit C).

Service Order Inspection Form. The Contractor must record the following information on the Service OrderInspection Form (See Exhibit F):

a. Size of Service Pipe: The inside diameter of the pipe entering the building. The meter size isdetermined by the size of the service pipe entering the building, not the size of pipe installed within thebuilding. Service pipe with an inside diameter up to and including 1inch will be metered with a 5/8 inchmeter. Service pipe over 1 inch and up to 1 1/2 will be metered with a 1 inch meter.

b. Service Pipe Material: Lead, copper, or iron.c. Condition of Control Valve: Working, partially working, not working.d. Size of Indoor Pipe: This is the inside diameter of the pipe on which the meter is installed.e. Indoor Pipe Material: Lead, copper, or iron.f. Condition of Indoor Pipe: (at and near the proposed meter installation) Good (safe enough to work on),

or Bad (not safe to work on).g. Electrical Ground Connections:

Case 1: “Ground repairs needed, meter installation possible”. If the home’s grounding wire is missing orin poor condition (loose, arcing, frayed), leave a notice (See Exhibit C for sample) with the owner notifyingthem of the problem. Make no repairs to the electrical system. Return a copy of the notice to theDepartment. The meter installation is still possible.Case 2: “Ground repairs needed, meter installation not possible.” The grounding wire connectioninterferes with the proposed meter installation and must be moved. Do not move the connection. Leave anotice (See Exhibit C for sample) with the owner notifying them of the problem. Return a copy of thenotice to the Department. The meter installation is not possible, and must be rescheduled after theelectrical repair.


Case 3: “Ground appears OK.” No defect is noticed in the ground connection and it does not interferewith the meter installation.

h. Meter Installation Couplings: Are there existing couplings or a meter spread which can be replacedwith a meter and its fittings? (See Exhibit A for examples of appropriate coupling configurations.)

i. Floor Drains: Ask the owner if they work or test with bucket of water to ensure the floor drains areoperable.

Based on the information gathered above, the Contractor must determine the best method for installing awater meter, selecting from the approved methods listed in these specifications. (See Exhibit A).

Selecting an Outdoor Installation. Outdoor installations are expected to be very rare. Meter pits are not allowedsimply because a customer prefers to not have the construction, the meter, or the wire to the MIU in his home. Nometer pit may be installed without pre-approval from the Department. The Department will also coordinate anyrequired B-box repairs with the pit installation, and may assign the pit and meter installation to the Department crewservicing the b-box. The meter may be set outdoors in the following circumstances:

a. Existing Outdoor Pit. If an outdoor pit exists and the pit and the piping in the pit are in good condition, it must beused for the meter installation.

b. Wiped Branches. If the service entering the building has wiped joints below the basement floor to divide it intobranches before it comes up through the floor in two or more places, the water for the building cannot be meteredby a single meter unless it is installed outdoors in a pit. If the service first comes up at one point and has a valve,adequate room and/or fittings for a meter before it goes back underground to be split, a meter must be installedindoors. Test to make sure that turning off the valve at that point turns off the water throughout the buildingbefore attempting an installation.

c. No Basement. If there is no basement or accessible crawl space and the water service enters directly into livingspace (i.e., not a utility room) and the space behind the wall is too small to contain a meter installation, the metermust be installed outdoors in a pit.

d. Distance from Main to House. If the meter installation is more than fifty feet (50’) from the property line at thepoint where the water service enters the property, a pit is required.


14. INSTRUCTIONS COMMON TO ALL METER INSTALLATIONSAll meter installations must comply with the following requirements. These instructions presume the inspectionsdescribed above have been completed, and that the pipes have been found to be reasonably sound, there are noground wire obstructions or other obstructions, there is no suspected asbestos insulation, and that the propertyowner has been advised of the installation plan and consented in writing to the installation.

Workmanship. Installation of water meters and appurtenances must be performed by workers thoroughlyexperienced in such work. Piping and cable work must be properly aligned and permanently supported and mustpresent a neat and workman-like appearance. Piping and cable must be run in straight lines parallel to building wallsand floors. Where offsets are required, 45 degree fittings must be used to minimize friction losses. All plumbing workmust comply with the City of Chicago Plumbing Code.

Furnishing & Installing Valves. New meter inlet and outlet control valves must be installed for all new meterinstallations. The cost of furnishing and installing these valves must be included in the unit prices bid for the meterinstallations. For any locations where the Department provides site-specific written approval to utilize the existinghouse control valve and not have a new meter inlet valve installed, the Contractor must provide a credit to theDepartment for the material and labor cost of the omitted inlet valve in accordance with the Schedule of Prices. Thetype of valves required will be determined based on the size and type of usage of the water service. Full port ballvalves must be used for all 5/8 inch, 3/4 inch, 1 inch, 1 ½ inch domestic service lines. Failure to install an inlet valveon a meter set will result in failure of the installation, unless the Department has determined that an inlet valve cannot be installed.

Furnishing and Installing Pipe and Bends or Elbows. All pipe required to satisfactorily complete the meterinstallations must be included in the unit bid prices for the various size and type of meter installations. This shallinclude any necessary reconfiguration of existing pipe work such as the relocation of connections downstream of thenew meter outlet control valve, as well as bends or elbows and pipes used to set the meter in a proper position. Ifthe Contractor finds that a hose bib connection or other useful plumbing connection exists before the meter location,the Contractor must relocate that connection to a point downstream of the meter, as part of the installation work at noadditional cost to the City.

Incidental Plumbing. The Contractor must be responsible for any and all piping modifications and fittingsnecessary to install meters in accordance with these specifications, at no additional cost to the City. The Contractormust include all costs in the unit price bid for installation. Claims that an installation is too difficult, involves too muchplumbing work or similar complaints will not be accepted and shall result in the assessment of liquidated damages forfailing to have the staff and resources required to perform the work unless the amount of piping work exceeds 25lineal feet. All pipe work required upstream or downstream of the meter setting may be replaced in kind or with othermaterials approved by the Department.

Appurtenances. Unit prices bid for each meter installation size and type must include the cost of all requiredappurtenances necessary to perform the installation. Such appurtenances include, but are not limited to, inlet andoutlet meter control valves, piping, bends, setters, tees, check valves, test-tee assemblies, flanges, hangers,reducers, access doors and framing, expendable items, and items further described in the following sections.

Electrical Grounding during Installation. The Contractor must take all reasonable care to ensure the safety ofinstallers, residents, and homes with respect to grounding of electrical facilities to the water service line. Nocondition will be created that causes a hazard to any person or property during the installation or afterward. Anelectrical bypass (e.g., automobile jumper cables) will be in place, electrically connecting the pipe before and afterthe installation site, while work is in progress.


Electrical Grounding after Installation. The Contractor must ensure that electrical continuity is provided with orwithout the meter in place, by means of a bonding jumper or other approved method for all completed installations.Such a jumper will connect the piping before and after the meter couplings.

Installation Supports. All completed installations must be properly supported and secured to ensure adjacent pipeis not stressed or damaged. Permanent supports embedded in the wall, floor or ceiling may be used. Wall-mountedbrackets, toggle bolts inserted into the wall or ceiling-mounted hangers or plumbing strapping are all acceptable.The use of concrete or wooden blocks or boxes as meter set or piping supports is prohibited. Any piping supports orclamps must be compatible with the type of piping supported and not cause any galvanic corrosion.

Quality Assurance. Check that the installation is watertight and that all service or distribution piping and householdfixtures are operating as found before the meter installation.

Uniform Piping. The piping used throughout the installed meter set must be of uniform size.

Sealing Meters. Wire and seal the meter, register head terminal cover, and couplings upon completion of testing.The seal number must be recorded on the installation report. Wire and seal must be installed in a fashion that willallow the Department to determine if tampering has occurred with the meter, register, or connections. TheDepartment will provide approved seals and seal crimping tools. All unused seals and related tools must be returnedto the Department at the completion of the project. (See Exhibit A for diagrams).

Restoration of Service and Customer Notification. When restoring service, Contractor must turn water on slowlyand observe the meter to detect if water is moving through the system. If, after reasonable time is allowed to flush,charge and leak check the system, and no leaks are detected the Contractor must notify the water customer that themeter installation work has been successfully completed. If a leak or problem is detected with the Work, theContractor must slowly shut down the system and notify the customer of the condition. The condition must berepaired by the Contractor and the water system and meter set functioning properly before the Contractor leaves thesite. All service or distribution piping and household fixtures must be operating as they were before the meterinstallation was performed. This procedure does not relieve the Contractor of its obligations of emergency repairwork or of any other warranties in these specifications.

Checking for and Reporting Customer Leaks. With the building’s fixtures not in use or shut off, the Contractormust observe the water meter for any movement of the register dial. Movement will indicate a leak in the buildingplumbing or fixtures that the Customer will need to repair. The Contractor must:

a. Notify the Customer verbally that a leak exists that needs repair.

b. Provide the Customer with a Department brochure on how to locate and repair common plumbing leaks.

c. Note the leak on the Service Order Inspection form.

Testing of the Completed Installation. All meters must be checked to confirm that flow is in the proper direction.The operation of the meter register and MIU must be checked for the reading and identification number. Check for agood reading from across the street. Defective installations must be corrected immediately and defective equipmentmust be replaced. The Contractor must have a device capable of reading the meter through the MIU and capable oftesting the register head/MIU assembly.

Digital Photos of Installation. Provide digital photographs of the completed meter installation as part of theCompleted Work Order submittal.


Meter Control Information. The Contractor must collect and provide to the Department all of the informationrequired for control of the meter. (See Exhibit A).

Cleanup. Upon completion of all work and testing, the Contractor must thoroughly clean the work site so that it is atleast as clean as it was when the Contractor arrived. All debris and garbage must be removed from the site andproperly disposed by the Contractor offsite. Unfinished basements with dirt floors must be swept with debris beingcollected and removed. Concrete or other solid floors must be swept and vacuumed. Painted concrete floors orfinished floors must also be mopped and scrubbed clean.

Customer Incentives. The Department may choose to provide various water conservation devices as incentives toCustomers who participate in this meter installation program. If so, the Department will provide the Contractor with asupply of these incentive items. The Contractor must provide the incentive item to the Customer at the completion ofthe meter installation. (See Exhibit H).

14.1. INDOOR INSTALLATIONSIndoor Installation -- Instructions by Type

After inspecting the site, determine the type of meter installation to be performed (See Exhibit A):a. Vertical pipe using a meter setter

i. Clean pipe at cut location using steel wool or medium emery cloth.ii. Properly support existing piping to prevent damage and cut proper length of pipe to be removed

(cuts will be square). Use a portable band saw or a 4-wheel pipe cutter. Remove burrs and reamends if necessary.

iii. New meter inlet and outlet control valves must be installed for all new meter installations.Department supervisors may provide site-specific approval to utilize the existing house control valveand not have a new meter inlet valve installed. Attach inlet and outlet ball valves to meter setterbody and insert assembly into space between pipes.

iv. Follow manufacturers’ instructions for connecting approved fittings, ensuring a stable andelectrically conductive connection.

v. Properly support meter assembly.vi. Flush out pipes to wash out pipe scale and chips.vii. Insert meter in setter and tighten nuts.

b. Horizontal pipe, no existing meter fittings, not using a meter setter.i. Clean pipe at cut location using steel wool or medium emery cloth.ii. Properly support existing piping to prevent damage and cut proper length of pipe to be removed

(cuts will be square). Use a portable band saw or a 4-wheel pipe cutter. Remove burrs and reamends if necessary.

iii. New meter inlet and outlet control valves must be installed for all new meter installations.Department supervisors may provide site-specific approval to utilize the existing house control

valve and not have a new meter inlet valve installed. Attach inlet and outlet ball valve metercoupling assemblies to piping.

iv. Follow manufacturers’ instructions for connecting approved fittings, ensuring a stable andelectrically conductive connection.

v. Properly support meter assembly.vi. Flush out pipe to wash out pipe scale and chips.vii. Insert meter and tighten nuts.

c. Horizontal pipe, existing meter fittings, not using a meter setter.i. Remove the existing fittings and replace with meter couplings, nipples and other pipe fittings as

required to install the meter. If the opening cannot accommodate any valves, do not include any.Include one or two valves if the opening can accommodate it. If only one valve fits, install it on thehouse side of the meter.


Access through Walls and Ceilings. If a wall or ceiling must be cut, the Contractor must obtain written permissionfrom the customer. The following outline must be followed when such permission has been obtained from thecustomer:

a. Access holes must be cut and repaired only by workers approved by the Department who are properlytrained. All work must to be completed in a professional manner.

b. When cutting the wall, the Contractor must take all reasonable steps to avoid damage to electrical, gas,sewer, and water systems.

c. Finished openings must be cut no larger than necessary to facilitate the installation and maintenance ofthe water meter and control valve. All reasonable efforts must be made to keep the opening to less thantwenty-four inches wide and twenty inches in height.

d. Homeowners may cut their own opening in a wall to provide access for the meter installation and, afterinstallation, provide and install their own access panel or door.

e. After installation of the meter, the wall must be repaired with an approved cabinet-quality access door.Doors must be surface mounted and have a handle and spring loaded hinges or other suitablemechanism that must keep the door in a closed but unlocked position. The access door must be of a sizethat must allow repairs or replacement of the meter without any disturbance to the finished wall, andpreferably no greater than twenty-four inches wide and twenty inches in height.

f. The Contractor must make every reasonable effort to ensure that all water meter accessories, includingthe access door are installed at the time of the meter installation. If the door is not installed, theContractor must leave the owner with a form notice concerning the installation of an access door. (SeeExhibit D).

g. If the meter is not located behind a wall but protrudes from a wall penetration, no door need be installed,and the Contractor must frame the opening created to access the service piping and install the meter,except that sufficient opening must remain to permit access to any shutoff valve inside the wall.

Soldering, Brazing or Welding. If soldering, brazing or welding is to be conducted indoors the Contractor musthave fire extinguishers, aprons and fire block materials present at all work sites. Electrical soldering must be usedwhenever soldering is to be performed near flammable materials. Open flame soldering is not permitted inside wallsor immediately adjacent to flammable materials. All reasonable precautions must be made when using open flamesoldering.

Stop the Flow of Water Sufficiently to do the Installation. If the street side control valve is not capable ofshutdown, use the B-box valve, or a freeze kit to stop the flow of water. Homeowner can help verify water shut-offs,i.e., by checking sinks and showers. If the street side valve does not work, the Contractor must remove theinoperable valve and install, in addition to the meter, a new street side valve, using full-port valves up through 1-1/2inches. In the event the Contractor damages valves, service lines, curb valves, etc. in the course of a survey orinstallation, and cannot stop the water with a curb valve, the Contractor must contact the Department immediately toarrange for a service shutdown in the street.

Insulation. For locations that may not be adequately heated, (including spaces subjected to drafts and cold air leaksor adjacent to poorly insulated outside walls) the meter and all new work must be properly insulated with fiberglass orfoam insulation with an insulation value of at least R-9 tightly enclosing the meter body. Insulation must also bereplaced for all locations (whether heated or not) where insulation existed before the meter installation wasperformed. The installer must note in the work order record all properties where insulation has been installed.

Meter Interface Unit (MIU) Installation. An MIU must be installed for all meters. The Department will provide theMIU. Improper or deficient MIU installations must be corrected before any payment will be made for the meterinstallation. A test of the device must be performed, before the Contractor leaves the site, using an appropriate visual


display device to ensure it is operating properly. The Contractor must obtain or have the use of a device or deviceswhich can read the MIU utilized.

Locating the MIU. The location of the MIU is a material part of this contract and any MIU placed in an inappropriateor unreasonable location must be relocated. The guidelines are to be followed unless an individual exception isapproved by the Department.

Disputes. If there is any question about the location, the installer must report to his supervisor, who then mustconsult with the Department for final placement.

Location. The installer must select the MIU location while complying with the following constraints. The customer’slocation preference will be complied with as long as these constraints are not compromised.

a. The MIU must be installed on the exterior of the building.b. The MIU must be located on the front of the building if possible, or on the side and near the front.c. The location must ensure that the MIU can be read by a mobile reader on the curb, on the opposite side

of the street in front of the building, as well as communicating with the fixed network of data collectionunits.

d. The MIU must be located to prevent the need to add additional wire to the permanently pre-installedlengths on the meter register and the MIU.

e. The MIU must be placed to minimize the amount of wiring exposed on the outside of the building.Whenever possible, no wiring must be exposed, and the hole for the wire must be contained by the MIUmounting plate.

f. The bottom of the MIU must be at least 24 inches above grade, and may be as high as 36 inches abovegrade. Installations higher than 36 inches require approval of a Department supervisor.

g. No MIU's are to be attached to window frames or within 12 inches of a window.h. The MIU location must be selected to minimize the hazards of vandalism from pedestrian traffic or

accidental damage from other customer activities (such as children playing or materials storage).i. The MIU must be located to minimize radio interference from metal objects, such as parked cars, stored

garbage cans, and downspouts and gutters.j. For buildings that have multiple types of facing material, the MIU must be located within only one of those

materials.

Running and Securing Wire and the MIU.

The MIU and all wire must be secured with City-approved fasteners appropriate for the surface to which the MIU andits wiring are attached. Fasteners must to be installed securely, but not penetrate the protective wire jacket or crackthe MIU mounting devices. Wire must be secured at sufficient intervals to avoid sagging or snagging, generally every12 inches to 18 inches for inside wire runs. Exterior wire must be secured at least every 12 inches and at or near thelocation where the wire exits the building, internally and externally and before it goes into the MIU cover. Exteriorwire must be secured at the point it exits the building with a small “drip loop” to ensure that water does not run downthe wire and into the drilled hole. The drip loop must be securely attached to the building to prevent snagging. Caulkthe joint between the MIU and the building. Wire runs must be straight with any turns to be done at 90 degreeangles and secured before and after each turn. The amount of wire to be exposed on the exterior of the buildingmust be limited to the smallest amount necessary to place the MIU in a suitable location. All new holes drilled forrunning wire to the exterior must be drilled at an upward angle from the outside to the inside. The wire exit hole mustbe caulked if it is not contained within the MIU case.

Securing Extra Wire. The MIU and meter register are each supplied with potted connections to wire. These lengthsof wire are all that is required to complete the installation in most cases. The pre-installed wires must not be cut.Excess wire must be treated as follows:

a. For inside meters approximately 1 foot of wire must be stored in a coil as slack within the MIU case. The


balance of excess wire must be stored at the meter. Sufficient wire must be left at the meter location toallow for the meter or meter register to be removed from the setting and placed flat on the floor below themeter setting, and the balance must be coiled in a small, neat loop. The loop of extra wire must besecured with a plastic wire tie. The loop of tie-wrapped wire must be attached to the inlet side of the pipebefore the meter coupling nut. The loop of extra wire must not touch the ground or floor.

b. For vault meters sufficient wire must be left at the meter location to allow for the meter lid/MIU to be liftedfrom the meter (approximately 3 feet) or allow for the meter or meter register to be removed from thesetting and placed flat on the ground, outside of the meter pit or vault. Same instructions for the makingand attaching the loop of extra wire as above.

c. Should there not be sufficient wire remaining in the installation to allow for both a loop of wire at the meter and theexit to the structure, construct the wire loop at the exit first and use any remaining wire to construct the wire loopat the meter.

Splicing Wire. Wires must be connected together with gel-filled connectors provided by the MIU manufacturer orother Department-approved device. The wire must be secured on each side of the splice.

Adding Wire. Should there be insufficient wire provided to place the MIU in the preferred location, add wire. Cut thewire connected to the meter register to five feet (5’) in length so that the splice will be near the meter, and then addwire as needed to form all required slack loops.

14.2. PIT INSTALLATIONS

Department Inspection. The Department will inspect the location to determine if a pit vault is necessary, identifythe condition and location of B-box, and then provide guidance on location of the pit vault. The Department willschedule the installation of the pit vault and notify DIGGER to mark underground utility locations prior to any workbeing performed. The Department will ensure the B-box is in operating condition before any installation isscheduled.

Location of Pits. The Department will determine the location of the Pit. Meter pits must be located immediatelyadjacent to, and on the house side of the b-box and valve. They must generally be located in the area from the curbto the sidewalk. They must not be placed in the private lawn of the property owner without site-specific approval fromthe Department. The Department will discuss the pit/vault location with the Customer, explaining any limitations(location of service line, tree roots, other utilities, the need for access by Department), the City’s responsibility torestore the installation site on public property to the original condition established by the City (as opposed to anyimprovements or alterations made by the property owner). The Contractor must provide the Customer with a formdescribing the location of the pit and obtain the Customer’s signature and printed name on the form. The form will bethree-part with one part left with the Customer, one part submitted to Department and one copy for the Contractor.(See Exhibit D).

Permits. All necessary permits required by all City Departments having jurisdiction over said work must be obtainedby the Contractor. All information concerning said permits must be made available to the Department. The feescharged for all required permits for work performed under the terms of this contract must be paid by the Contractorand must be included in the Contractor’s bid.

Materials. All pit liners, collars, lids, and meter setters used in enclosures for 5/8 inch and 1 inch meters must befrom the approved equipment list maintained by the Department. (See Exhibit A).

Shutting Off the Water Supply. The Contractor must use the b-box valve to shut off the water supply. No work willbe performed until the b-box and valve are in operating condition.


Excavation for Pit. The Department will notify DIGGER to request other underground utilities to mark the location oftheir facilities adjacent to the work site in order to avoid possible damage to same. It is the Contractor’s responsibilityto protect those existing utilities that are to remain in operation during and after completion of the work. TheContractor will be held fully responsible for any damage resulting from the performance of the work.

a. The Contractor must use the best pipe location technology commonly in use by utilities and water servicecontractors, as approved by the Department.

b. Hand excavate, as required.c. Ensure that no other utility lines or services pass through the water meter enclosure. Upon Department

site-specific approval, the pit for 5/8 inch or 1 inch meters may be offset from the water service line up to4 feet if, and only if, an offset is required to avoid interference with other utilities lines, tree roots orboulders. An offset is not permitted to avoid removal of an additional sidewalk flag.

d. Materials of any nature must not be stockpiled under the drip line of trees and shrubs in order to eliminatesurface and subsurface root damage and soil compaction.

e. The Contractor must ensure that all existing landscape features on private property including trees,shrubs, perennials, lawns, paving, walls, stairs, fences, etc., are protected prior to the start of and duringthe work

f. No work must be performed within 5 feet of a tree until the Department has determined whether theDepartment of Forestry needs to be consulted, and until the Department gives approval as part of itsinitial inspection, scheduling and DIGGER notification process.

g. After drawing straight marker lines, the Contractor must use a saw (using water to control dust) to cutsidewalks and pavements, etc. The breaking of pavement and sidewalks by impact, such as with the useof a ball, is not permitted. Only full flags of sidewalk will be removed.

h. All excavations 5 feet deep or deeper must include OSHA-compliant trenching supports.

Meter Installation in Pit. Meters installed in pits must be installed with Department-approved pre-manufacturedmeter setters.

a. Determine if the pipe is accessible and is in acceptable condition. If the pipe is not accessible or is inpoor condition, call for support from the Department to determine whether an installation can beperformed.

b. Stop the flow of water sufficiently to do the installation. Use the b-box valve.c. Clean pipe at cut location using steel wool or medium emery cloth and cut out the proper length of pipe.

(Cuts will be square.) Remove burrs and ream ends if necessary. Cover house side of pipe so debrisdoes not enter.

d. Use approved fittings to install copper tubing risers of sufficient length to place the center line of the inletand outlet ports of the meter 16 3/ 4 inches from the pit lid.

e. The copper tubing risers running from the meter setter to the service line must be bent smoothly using abending tool or machine, not by hand. Elbows must not be used.

f. All enclosures must be set upon a bed of approved backfill material to prevent sinking and preventdamage to the water service line.

g. For locations with a grade of greater than five percent (5%) the Contractor must use a graded pit covercollar, aligned to leave the pit lid flush with the surrounding surface.

h. Flush any pipe scale and chips out of the street side of the pipe before placing the meter into the setter.Make sure meter is NOT SET BACKWARDS.

i. Check that the installation is watertight and that all service/distribution piping and household fixtures areoperating as found prior to the meter installation.

j. Install the Meter Interface Unit in the meter enclosure as per the MIU manufacturer’s instructions and in amanner approved by the Department. Install the meter enclosure cover and lid. Install an approvedinsulating “poncho” to protect the meter and pipes from freezing.

k. Check for a good reading from across the street.

14.3. RESTORATION AND LANDSCAPING

The Contractor must not perform permanent restoration of the excavated area around the water meter pit. TheContractor must perform only temporary restoration as follows:


a. Excavated materials must be removed.b. Backfilling must be performed immediately after the meter enclosure installation has been completed.

Backfill materials must be tamped. Backfill with approved backfill material to the level of final grade. Aseparate restoration contractor will perform final restoration of paving and plantings.

c. The Contractor must remove all surplus materials. Re-grade and leave free, clear and in good order alldriveways, sidewalks and lawns. Concrete surfaces must be swept clean and washed down.

d. The Contractor must complete a permanent restoration request order in Datastream and submit to theDepartment to process. (See Exhibit E).

e. The Contractor must use barricades and caution tape as required to safe guard pedestrians from anyhazards at the temporarily restored site.

14.4. DEPARTMENT INSPECTION

All work done will be subject to the inspection, direction, and approval of the Department. The Contractor agrees tofurnish all information with respect to work done, including but not limited to information requested on installationwork orders, in personnel records, and any other information related to the Contract work. The Contractor mustallow and secure the inspection of any equipment and facilities associated with the Contract when, and in such amanner as, the Department may desire.

14.5. REJECTIONS

The Department will inspect the materials furnished and work done under this contract. The Department will rejectall work and materials, and the method of application or any part of it that does not comply with the requirements ofthis Contract and the Department's Rules and Regulations. The inspection, approval, or acceptance, of any part ofthe work or materials, shall not preclude the rejection of said materials, or work at any time thereafter during theexistence of this Contract, should said work or materials be found defective, or inconsistent with the requirements ofthis contract. All meter installations must conform to these specifications. There will be no exceptions without writtenpermission of the Department. Any meters set improperly by the Contractor must be reset correctly at the expenseof the Contractor in accordance with this specification. Any damage to couplings, unions, or meter threads, due tothe use of improper tools or by cross-threading, must be corrected at the expense of the Contractor.

14.6. CORRECTIVE WORK ORDER

The Department will give the Contractor a work order for each installation requiring corrective action. Within 30 days,the Contractor must complete the corrective action and update the work order to that effect, or maintain otherdocumentation demonstrating the attempts made to contact the customer. Failure to comply with this section afterthe 30 day period referred to above, will result in liquidated damages assessed at $300.00 per day for each rejectedwork order not responded to, beyond the thirty (30) day period, as defined above.

14.7. CUSTOMER COMPLAINTS

The Contractor must be responsible for investigating all customer complaints with respect to meter installations. TheContractor must correct all deficiencies related to the installation of meters including, but not limited to, leaks that area direct or indirect result of the installation. All customers’ complaints must be reported to the Project Manager. Inemergency situations, the Contractor must notify the Project Manager or his designee immediately. (See alsoSections 12.12 and 14.9).

14.8. WARRANTYThe Contractor is responsible for ensuring meters operate properly before leaving the work site. All Work done duringthe contract term will have a maintenance and guarantee period of one year from the date of acceptance for thecompleted work. The date of acceptance shall be the approved inspection date, unless the installation was notdirectly inspected, in which case the date of acceptance shall be the date of substantial completion of the contract.


14.9. EMERGENCIESThis section describes emergency corrective work. For ninety (90) business days after the Department is notifiedof a completed installation, the Contractor must respond to calls from the customer associated with that installationor from the Department concerning leaks, loss of service, low pressure and other problems associated withinstallation on a twenty-four (24) hour per day basis. For problems that are not urgent (such as very slight leaks notdamaging the structure of possessions of the customer) the Contractor must respond as promptly as practical, andat most within twenty-four (24) hours. For problems of an urgent nature (such as serious leaks, or no water) theContractor must respond within one (1) hour of receiving the call and arrive at customer’s premises ready to correctany problems within three (3) hours of receiving the call. If the Contractor fails to respond within these timeframes,the Department will assess liquidated damages of $300 plus the Department’s direct costs to make repairs, suchpenalties and costs to be deducted from the amount owed to the Contractor. The Contractor must provide this levelof service for a minimum of ninety (90) business days after completion of the Contract. Each incident will betreated as a separate occurrence, and each of two or more calls concerning the same location (address) will betreated as a separate incident. No additional compensation, increment or other adjustment will be due theContractor for work required to be performed in response to an emergency repair request or for work which must beperformed outside of standard business working days or hours.


15. DESCRIPTION OF SPECIFIC PRICE ITEMS

5/8 Inch Meter Indoor Installation

The Contractor must furnish all labor, materials, proper equipment, tools and transportation services necessary toperform and complete, in a workmanlike manner and within the specified time, a 5/8 Inch Meter Indoor Installationas required under this specification. The Contractor’s bid pricing will incorporated any/all peripheral costs including,but not limited to: overall project management; administrative costs; office space; storage area; communications;hardware and software costs; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation; associated and incidental plumbing work; testing and quality control;delivery/transportation charges; permits and fees; insurance; taxes; warranty, etc., required by this specification.

Note: The Department of Water Management will furnish water meters, meter interface units, seals and sealcrimping tools.

1 Inch Meter Indoor Installation

The Contractor must furnish all labor, materials, proper equipment, tools and transportation services necessary toperform and complete, in a workmanlike manner and within the specified time, a 1 Inch Meter Indoor Installation asrequired under this specification. The Contractor’s bid pricing will incorporated any/all peripheral costs including, butnot limited to: overall project management; administrative costs; office space; storage area; communications;hardware and software costs; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation; associated and incidental plumbing work; testing and quality control;delivery/transportation charges; permits and fees; insurance; taxes; warranty, etc., required by this specification.


5/8 Inch Meter Pit Installation

The Contractor must furnish all labor, materials, proper equipment, tools and transportation services necessary toperform and complete, in a workmanlike manner and within the specified time, a 5/8 Inch Meter Pit Installation asrequired under this specification. The Contractor’s bid pricing will incorporated any/all peripheral costs including, butnot limited to: overall project management; administrative costs; office space; storage area; communications;hardware and software costs; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation; associated and incidental plumbing work; testing and quality control;delivery/transportation charges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty,etc., required by this specification.


1 Inch Meter Pit Installation

The Contractor must furnish all labor, materials, proper equipment, tools and transportation services necessary toperform and complete, in a workmanlike manner and within the specified time, a 1 Inch Meter Pit Installation asrequired under this specification. The Contractor’s bid pricing will incorporated any/all peripheral costs including, butnot limited to: overall project management; administrative costs; office space; storage area; communications;hardware and software costs; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation; associated and incidental plumbing work; testing and quality control;


delivery/transportation charges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty,etc., required by this specification.


Inside Service Control (‘Street Side’) Valve Replacement (Sizes 5/8 Inch Through 1-1 /2 Inch) (Allowance)

If the inside service control (‘street side’) valve is broken or breaks during the meter installation and the Departmentdetermines it should be replaced, then the Contract must furnish all labor, materials, proper equipment, tools andtransportation services necessary to perform and complete, in a workmanlike manner and within the specified time,an Inside Service Control (‘Street Side”) Valve Replacement (Sizes 5/8 Inch through 1-1 /2 Inch) (Allowance)as required under this specification. The Contractor’s bid allowance will incorporate any/all peripheral costsincluding, but not limited to: overall project management; administrative costs; office space; storage area;communications; hardware and software costs; training and direct supervision of installers; problem solving andcomplaint handling; inspection; meter installation; associated plumbing work; testing and quality control;delivery/transportation charges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty,etc., required by this specification.

Allowance: The Department of Water Management will pay the vendor no more than $60.00 for each Inside ServiceControl (‘Street Side”) Valve Replacement (Sizes 5/8 through 1-1/ 2 Inch).

Inside Service Line Piping Replacement (Sizes 5/8 Inch through 1-1 /2 Inch) (Allowance)

If the Department determines that additional inside service line piping in excess of twenty-five feet (25’) included inthe meter installation price requires replacement, then the Contractor must furnish all labor, materials, properequipment, tools, and transportation services necessary to perform and complete, in a workmanlike manner andwithin the specified time, an Inside Service Line Piping Replacement (Sizes 5/8 Inch Through 1-1 / 2 Inch)(Allowance) as required under this specification. The Contractor’s bid allowance will incorporate any/all peripheralcosts including, but not limited to: overall project management; administrative costs; office space; storage area;communications; hardware and software costs; training and direct supervision of installers; problem solving andcomplaint handling; inspection; meter installation and associated plumbing work; testing and quality control;delivery/transportation charges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty,etc., required by this specification.

Allowance: The Department of Water Management will pay the vendor no more than $75.00 per linear foot eachInside Service Line Piping Replacement (Sizes 5/8 Inch through 1-1/ 2 Inch).

5/8 Inch or 1 Inch Meter Installation In An Existing Pit

If a water meter pit installation is required and there is an existing pit in good condition that can be reused, then theContractor must furnish all labor, materials, proper equipment and transportation services necessary to perform andcomplete, in a workmanlike manner and within the specified time, a 5/8 Inch or 1 Inch Meter Installation in aExisting Pit as required under this specification. The Contractor’s bid pricing will incorporate any/all peripheral costsincluding, but not limited to: overall project management; administrative costs; office space; storage area;communications; hardware and software costs; training and direct supervision of installers; problem solving andcomplaint handling; inspection; meter installation and associated plumbing work; testing and quality control;delivery/transportation charges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty,etc., required by this specification.



Meter Pit Excavation and Restoration – No Meter Installation Possible

If in the course of excavating to install either a 5/8 inch or 1 inch meter pit it is determined that the meter pit cannotbe installed at that location due to some obstruction, utility conflict or other insurmountable problem, the Departmentwill instruct the Contractor to abandon the work, backfill and restore the site. The Contractor must furnish all labor,materials, proper equipment, tools and transportation services necessary to perform and complete, in a workmanlikemanner and within the specified time, a Meter Pit Excavation and Restoration – No Meter Installation Possibleas required under this specification. The Contractor’s bid pricing will incorporate any/all peripheral costs including,but not limited to: overall project management; administrative costs; office space; storage area; communications;hardware and software costs; training and direct supervision of installers; problem solving and complaint handling;inspection; meter installation and associated plumbing work; testing and quality control; delivery/transportationcharges; excavation and disposal; restoration; permits and fees; insurance; taxes; warranty, etc., required by thisspecification.

Meter Inlet or Outlet Control Valve Elimination (Credit)

All water meter installation pricing shall include furnishing and installing inlet and outlet control valves. In the eventthat either or both or these valves cannot be installed due to space restrictions or for other reasons, the Contractorwill provide a credit to the Department for the number of inlet or outlet control valves not used under the Meter Inletor Outlet Control Valve Elimination (Credit) as required under this specification. The Contractor’s bid credit willincorporate any/all peripheral costs including, but not limited to: overall project management; administrative costs;office space; storage area; communications; hardware and software costs; training and direct supervision ofinstallers; problem solving and complaint handling; inspection; meter installation and associated plumbing work;testing and quality control; delivery/transportation charges; excavation and disposal; restoration; permits and fees;insurance; taxes; warranty, etc., required by this specification.

Credit: The Department of Water Management will pay the vendor no more than $100.00 for each Meter Inlet orOutlet Control Valve Elimination.

15.1. EXCEPTIONS

Any deviations from these specifications must be noted on the Proposal Page or pages attached thereto, with theexact nature of the change outlined in sufficient detail. The reason for which deviations were made should also followif not self-explanatory. Failure of a bidder to comply with the terms of this paragraph may be cause for rejection.

The City reserves the right to disqualify bids which do not completely meet outlined specifications. The impact ofexceptions to the specification will be evaluated by the City in determining its need.


16. PROPOSAL PAGES


17. ADDITIONAL PROPOSAL INFORMATION

17.1. PERSON TO CONTACT REGARDING BID:

NAME: PHONE ( )

ADDRESS:

17.2. QUALIFICATIONS OF BIDDER

Bidder must be a licensed plumbing contracting company with satisfactory references and substantial experience inthe installation of water meters, as well as underground pit meter installations and/or sub-surface water service linesor water mains. If the Bidder does not have substantial experience with excavation work, that work shall besubcontracted to a company with that amount of experience and those qualifications. The selected Bidder mustprovide evidence of experience in the management and operation of a work force large enough to complete theContract in the manner and time specified within the terms of this Contract and of sufficient data processingexperience to meet the electronic record-keeping and reporting requirements of the Contract. The determination asto the adequacy of work force size and experience and data processing experience will be made solely by theDepartment. Failure to provide documents pertaining to the Bidder’s experience as requested by the Departmentwith the proposal or within five (5) days of the Department’s request to provide additional documentation will result ina non-responsive determination and rejection of the proposal.

17.3. REFERENCES:

Bidder must be in the business of Water Meter Installation and demonstrate sufficient capacity to furnish the servicesas specified herein. Therefore, upon request of the Chief Procurement Officer or authorized representative, theBidder, must submit the following information.

A listing of previous and current contracts similar in size and scope as the required services. The list must includethe following information:

1. COMPANY:

ADDRESS:

CONTACT: PHONE( )

DESCRIPTION OF WORK:

DATE(S) WORK PERFORMED:

DOLLAR VALUE OF WORK: $

2. COMPANY:

ADDRESS:

CONTACT: PHONE( )





3. COMPANY:

ADDRESS:

CONTACT: PHONE( )




4. COMPANY:

ADDRESS:

CONTACT: PHONE( )




5. COMPANY:

ADDRESS:

CONTACT: PHONE( )




The City may solicit from previous clients, including the City of Chicago, or any available sources, relevantinformation concerning bidder’s record of past performance.

17.4. ORGANIZATION CHART

The Bidder must provide an organization chart describing his proposed staffing. This must include, at a minimum, thefollowing positions:

Contract Manager. The Contractor must designate a Contract Manager, who shall have the authority to handle andresolve any disputes or contract issues with the Department. Disputes that cannot be handled at this level must behandled in accordance with the dispute resolution section of the Contract. The Department will approve the ContractManager or a change in the Contract Manager. The Bidder must submit resumes and references of candidate(s) forContract Manager.

ATTACHED: NOT ATTACHED: DO NOT HAVE:

Installation Manager. The Contractor must designate an Installation Manager, who shall be responsible formanaging the entire installation project on a day-to-day basis on behalf of the Contractor and for seeing that allinstallations are carried out in a professional manner and in compliance with the procedures required by theequipment manufacturers, Department, and all other applicable local, state and federal regulations. The InstallationManager must be on site whenever staff are working throughout the duration of the project, except for holidays and


vacations, during which the Contractor must provide a qualified substitute. The Installation Manager must beexperienced in supervising meter installation contracts, and familiar with applicable regulations and safe and properinstallation procedures. The Department will approve the Installation Manager or a change in the InstallationManager. The Bidder must submit resumes and references of candidate(s) for Installation Manager.


Installers. All Contractor’s employees or subcontractors must be fully trained in all aspects of the work by theContractor. Department reserves the right to require the Contractor to retrain, reassign or remove from the projectany employee or subcontractor who fails to perform workmanlike and competent work.


Licensed Plumbers. The Contractor must engage installers who possess a valid and current Illinois Plumber’sLicense. The Bidder must provide references for each such person. The Department reserves the right to approvelicensed plumbers for work on this project.


17.5. EXCEPTIONS (EXPLAIN):

The Bidder’s failure to furnish the above information, upon request, will result in thedisqualification of the Bidder.


18. EXHIBIT A: WATER METER INSTALLATION DRAWINGS AND APPROVED MATERIALS LIST

Approved Materials List

Meter Type Installation Flowchart (WM-1)Flowchart to determine the proper type of meter installation for the conditions found at the work site.

Typical Inside Meter Installation - Vertical Pipe (WM-2)

Typical Inside Meter Installation - Horizontal Pipe (WM-3)

Typical Inside Meter Installation – Horizontal Pipe with Contractor Spread (WM-4)

Typical Outside Meter Installation in Vault (WM-5)

Water Meter Sealing Diagram

Meter Control InformationMeter information to be collected at the time of installation

Meter Box FrameEast Jordan Iron Works

Meter Box LidNicor, Inc.

Water Meter EnclosureOld Castle Precast Carson

INSTALLATION OF SEAL WIRE AFTER METER INSTALLATION

1 Run seal wire through hole in street side or inlet side meter coupling 2 Run seal wire through hole located on the underside of the meter 3 Run seal wire through hole in house side or outlet side meter coupling 4 Run both ends of seal wire through seal tag 5 Make certain seal wire is tight 6 Crimp seal tag closed

1 of 2

INSTALLATION OF SEAL WIRE AFTER METER INSTALLATION

1 Run seal wire through hole in street side or inlet side meter coupling 2 Run seal wire through hole located on the underside of the meter 3 Run seal wire through hole in house side or outlet side meter coupling 4 Run both ends of seal wire through seal tag 5 Make certain seal wire is tight 6 Crimp seal tag closed 2 of 2


19. EXHIBIT B: MISSED APPOINTMENT

Missed Appointment

Includes instructions for rescheduling an appointment


MISSED APPOINTMENT

Date: __________________________Time of Appointment: _____________a.m./p.m.

Customer Name: ______________________________________________________

Premise Address: ____________________________________________________

Dear Customer:You had a scheduled appointment to install a meter at this address today. We arrived for the appointment but did notreceive a response from you. We waited 15 minutes and we tried to contact you at the phone number provided. Wecould not gain access to complete the work.

Please call 312-747-2862 to reschedule your appointment to have a meter installed at your property under theMeterSave Program.

The 7-year guarantee will not begin until the meter is installed. Until that time, you will continue to be billed at theassessed rate. Should you continue to miss your scheduled appointment you will be placed at the end of theinstallation list.

_______________________________________Plumbing InspectorPlumberMachinist


20. EXHIBIT C: UNABLE TO GAIN ENTRY OR INSTALL METER

Unable to Gain Entry or Install Meter

Includes description of problem condition (dangerous stairs, unsanitary conditions, dangerous animals, flooding,possible asbestos, pipes in danger of imminent failure, electrical ground connection to be moved, etc), andinstructions to contact DWM to reschedule after the condition is remedied.


UNABLE TO GAIN ENTRY OR INSTALL METER

Date: __________________ Time of Appointment: ______________ a.m./p.m.

Customer Name: ______________________________________________________

Premise Address: ____________________________________________________

The Department of Water Management (DWM) is unable to gain entry, complete an inspection, or install awater meter at this time because:

Basement is flooded or unsanitary conditions are present Stairs to basement are not functional Basement is not heated, freezing conditions possible Dangerous animal is present and not contained Asbestos is suspected.

It is the responsibility of the owner to hire a professional to test for and remove asbestos prior to water meterinstallation.

Electrical grounding wire is in the way of the meter installation site.Please have an electrician move the connection to the street side of the first control valve.

Electrical grounding wire is missing or damaged.Please have an electrician restore safe electrical conditions.

Existing plumbing appears in danger of imminent failure.DWM cannot perform repairs for private homes. To find a plumber, please contact the Plumbing Council ofChicagoland at 1-800-76-VALVE. Further, the Chicago Dept. of Family and Support Services and the PlumbingCouncil of Chicagoland have partnered to offer “The Mayor Daley’s Plumbers for Seniors” program to Chicago’sdisadvantaged and elderly citizens in need of plumbing repairs. To find out of you qualify for this program, pleasecontact the City of Chicago Department of Family & Support Services – Division of Senior Services at (312) 744-7462 or [email protected].

Buffalo box must be serviced by DWM staff to gain control of the water serviceDWM staff will contact you once the buffalo box has been serviced to reschedule your water meter installation.

More than one property is supplied by only one water serviceIt is not possible to install a water meter under this condition. Further appointments are not necessary.

Once the above noted condition is remedied, you will need to call 312-747-2862 to reschedule your watermeter installation under the MeterSave Program unless otherwise noted. Please note, the 7-yearguarantee will not begin until the meter is installed. Until that time, you will continue to be billed at theassessed rate.

___________________________________________DWM Employee Name


21. EXHIBIT D: OWNER’S PERMISSION TO PERFORM THE WORK

Owner’s Permission to Perform the Work

Includes description of work, including wall cuts, access door location and time of access door installation, pitlocations, description of liabilities, customer signature.


22. EXHIBIT E: PERMANENT RESTORATION REQUEST

Permanent Restoration Request

One of a series of Datastream screens entry forms to be used to request permanent restoration of a meter pitinstallation.


PERMANENT RESTORATION REQUEST

Inspection Detail 1


23. EXHIBIT F: SERVICE ORDER INSPECTION FORM

Service Order Inspection Form

To be completed during the inspection of the work site.


SERVICE ORDER INSPECTION FORM

Please complete each question when performing an inspection for the installation of water meter.

1 Size of meter required: 5/8” 1”

2 The basement is: finished semi-finished un-finished

3 Water service size: ½” 5/8” ¾” 1” 11/4” 11/2”

4 Type of service: Copper Lead Steel

5 House pipe size: ½” 5/8” ¾” 1” 11/4” 11/2”

6 Type of service: Copper Lead Steel

7 Street side control valve: Yes No

8 Meter spread with union: Yes No

9 Install new meter vault: Yes No

10 Existing Meter vault found: Yes No

11 Rework existing pipe: Yes No

12 Vertical Installation: Yes No


24. EXHIBIT G: CUSTOMER INFORMATION PACKET

Customer Information Packet

Includes information on how to address any problems that may arise after meter installation and billing information.


Thank You for Volunteering for MeterSave

Thank you for volunteering to have a meter installed at your home or two-flat. Now that you are a metered customerhere are a few things to be aware of:

If you notice a leak on the floor or on any of the piping where the water meter was installed:Please call the Department of Water Management MeterSave Office at (312) 747-2862 Monday through Fridaybetween 7:30 a.m. and 3:30 p.m. If after hours, please call 3-1-1.

If you notice a loss of water pressure to any of the plumbing fixtures in your home or two-flat:Please call the Department of Water Management MeterSave Office at (312) 747-2862 Monday through Fridaybetween 7:30 a.m. and 3:30 p.m. If after hours, please call 3-1-1.

If the dial on your meter is continuously moving, this indicates a possible leak somewhere on the property.First check your faucets, hose connections and toilets to see if water is inadvertently left on.

If the dial starts and stops on its own it indicates a possible leak in the toilet tank. Check your toilet tanks.Also, use a leak detection tablet and follow the directions on the package.

If there are problems with the meter:Call 3-1-1 if there are any problems, and we will respond promptly.

Meter replacement schedule:Most water meters have a life of 12 to 25 years. The transmitter has a life of about 15 years.

To maintain your 7-year guarantee: The owner must retain ownership of the home

o Guarantee does not transfer to future owners nor stay with the owner upon moving Be current on water bill

o Active payment plan is currento Current water bill is not delinquent

Provide reasonable access to the property for installation and any necessary maintenance Regularly check for leaks in your home

For Customer Service:Any Customer Service Questions Call (312) 744-4H2O (312-744-4426)Monday through Friday between 8:30 a.m. and 4:30 p.m.

Your new Water Bill:You will be receiving a new metered water bill from the Department of Water Management. On this bill, theinstallation date will become the anniversary date for the 7-year guarantee. These metered water bills are sent outevery two months. However, should you receive a non-metered six month bill before we are able to bill you as ametered customer, please pay the non-metered bill and your account will later be adjusted by the Department ofWater Management.



25. EXHIBIT H: METERSAVE RAIN BARREL VOUCHER

MeterSave Rain Barrel Voucher

A voucher to be provided to the customer should they select a rain barrel as their incentive for participation in theMeterSave program


MeterSave Rain Barrel VoucherCity of Chicago Department of Water Management

This voucher entitles the bearer to one (1) rain barrel to bepicked up at one of the following events (please checkone):

Tuesday, Aug. 25, 2009, 4 pm - 7pm, Chicago Center forGreen Tech., 445 N. Sacramento

Saturday, Sept. 12, 2009, 9am – noon, Mayfair Pumping Station, 4850 W. Wilson Saturday, Oct. 24, 2009, 9am – noon, South District Yard, 9536 S. Genoa

Property Owner / Owner’s Representative Name: __________________________________________

Property Owner / Owner’s Representative signature: _______________________________________

Property Address: ___________________________________________________________________

Please bring this ORIGINAL voucher and a vehicle to accommodate. The rain barrels will fit in the back seat or trunkof a regular-sized sedan. If this voucher is lost, a photo ID will be required upon pickup.

Voucher No. 000015

-------------------------------------------------------------------------------------------

MeterSave Rain Barrel VoucherCity of Chicago Department of Water Management

This voucher entitles the bearer to one (1) rain barrel to bepicked up at one of the following events (please checkone):

Tuesday, Aug. 25, 2009, 4 pm - 7pm, Chicago Center forGreen Tech., 445 N. Sacramento

Saturday, Sept. 12, 2009, 9am – noon, Mayfair Pumping Station, 4850 W. Wilson Saturday, Oct. 24, 2009, 9am – noon, South District Yard, 9536 S. Genoa

Property Owner / Owner’s Representative Name: __________________________________________

Property Owner / Owner’s Representative signature: _______________________________________

Property Address: ___________________________________________________________________

Please bring this ORIGINAL voucher and a vehicle to accommodate. The rain barrels will fit in the back seat or trunkof a regular-sized sedan. If this voucher is lost, a photo ID will be required upon pickup.

Voucher No. 000015


26. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITYMATTERS


EPA Project Control #: ________________________

United States Environmental Protection AgencyWashington, DC 20460

Certification Regarding Debarment, Suspension and Other Responsibility Matters (Page 1 of 2)

The prospective participant to the best of its knowledge and belief that it and its principles:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromcovered transactions by any Federal department or agency;

(b) Have not within a three year period preceding this proposal bee convicted of or had a civil judgment renderedagainst them for commission of fraud or a criminal offense in connection with obtaining, attempting to retain, orperforming a public (Federal, State or Local) transaction or contract under a public transaction: violation ofFederal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property.

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State orLocal) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and Have notwithin a three-year period preceding this application/proposal had one or more public transactions (Federal, Stateor Local) terminated for cause or default.

I understand that a false statement on this certification may be ground for rejection of this proposal or termination ofthe award. In addition, under 18 USC Sec. 1001 a false statement may result in fine of up to $10,000 orimprisonment for up to 5 years, or both.

_______________________________________________________________________(Typed Name & Title of Authorized Representative)

_______________________________________________________________________(Signature of Authorized Representative) (Date)

_______________________________________________________________________

I am unable to certify the above statements. My explanation is attached.EPA Form 5700-49 (11-88)


United States Environmental Protection AgencyWashington, DC 20460

Certification Regarding Debarment, Suspension and Other Responsibility Matters (Page 2 of 2)

InstructionsUnder executive order 12549, an individual or organization debarred or excluded from participation in Federalassistance or benefit programs may not receive any assistance award under a Federal program or subprogramhereunder for $25,000 or more.

Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agreement and any contract or sub-agreement participant hereunder must complete the attached certification or provide an explanation why they cannot.For further details see 40CRF 32.510 Participants’ responsibilities, in the attached regulation.

Where to submitThe prospective EPA grant, loan or cooperative agreement recipient must return the signed certification orexplanation with its application to the appropriate EPA Headquarters or Regional Office, as required in theapplication instructions.

A prospective prime contractor must submit a completed certification or explanation to the prime contractor fro theproject.

Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for theproject.

How to obtain forms:

EPA includes the certification form, instructions, and a copy of its implementing regulation (40 CRF Part 32) in eachapplication kit. Applicants may reproduce these materials as needed to provide them to their prospective primecontractor, who, in turn may reproduce and provide them to prospective subcontractors.

Additional copies/assistance may be requested from:

Compliance BranchGrants Administration Division (PM-216F)U.S. Environmental Protection Agency401 M Street, SWWashington, DC 20460(Telephone: 202-475-8025)


27. U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATEDFACILITIES


U.S. ENVIRONMENTAL PROTECTION AGENCY

CERTIFICATION OF NONSEGREGATED FACILITIES

(Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are notexempt from the Equal Opportunity clause.)

The federally assisted construction contractor certifies that he does not maintain or provide for his employees anysegregated facilities at any of his establishments, and that he does not permit his employees to perform theirservices at any location, under his control, where segregated facilities are maintained. The federally assistedconstruction contractor certifies further that he will not maintain or provide for his employees any segregated facilitiesat any of his establishments, and that he will not permit his employees to perform their services at any location,under his control, where segregated facilities are maintained. The federally assisted construction contractor agreesthat a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in thiscertification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and other storage ordressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housingfacilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis ofrace, creed, color, or national origin, because of habit, local custom or otherwise. The federally assisted constructioncontractor agrees that (except where he has obtained identical certifications from proposed subcontractors forspecific time periods) he will obtain identical certifications from proposed subcontractors prior to the award ofsubcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and thathe will retain such certification in his files.

_________________________________________________________________________Signature Date

_________________________________________________________________________Name and Title of Signer (Please type)

________________________________________________________________________Firm Name

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.


28. NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS-NONDISCRIMINATION IN EMPLOYMENT


NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS

NONDISCRIMINATION IN EMPLOYMENT

To:________________________________________________________________________

________________________________________________________________________

________________________________________________________________________(Names of unions or organizations of workers)

The undersigned currently holds contract(s) with City of Chicago Dept. Water Management(Name of applicant)

involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding suchcontract(s).

You are advised that under the provisions of the above contracts(s) or subcontract(s) and in accordance withExecutive Order 11246, as amended, dated September 24, 1965, as amended, the undersigned is obliged not todiscriminate against any employee or applicant for employment because of race, color, creed or national origin. Thisobligation not to discriminate in employment includes, but is not limited to, the following:

HIRING, PLACEMENT, UPGRADING, TRANSFER OR DEMOTION, RECRUITMENT, ADVERTISING, ORSOLICITATION FOR EMPLOYMENT, TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHERFORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF ORTERMINATION.

This notice is furnished you pursuant to the provisions of the above contract(s) or subcontracts(s) and ExecutiveOrder 11246, as amended.

Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicantsfor employment.

___________________________________

___________________________________

___________________________________

___________________________________(Contractor or Subcontractor)

___________________________________(Date)


29. BIDDER CERTIFICATION-IN COMPLIANCE WITH ARTICLE 33E TO THE “CRIMINAL CODEOF 1961”


Bidder CertificationIn Compliance with Article 33E to the

“Criminal Code of 1961”

I _______________________________________________, do hereby certify that:Name

1. I am _______________________ of the _______________________________Position Firm

and have authority to execute this certification on behalf of the firm.

2. This firm is not barred from bidding on this contract as a result of a violation of either Section 33E-3, Bid-rigging,or Section 33E-4, Bid Rotating, as set forth in Article 33E to the “Criminal Code of 1961"

Name of Firm _____________________________________

Signature _________________________________________

Title _____________________________________________

Date _____________________________________________Corporate Seal (where appropriate)

On this _________ day of _______________, 20____, before me appeared (Name)

_______________________________________________ to me personally known,who, being duly sworn, did execute the foregoing affidavit, and did state that he or

she was properly authorized by (Name of Firm) ______________________________to execute the affidavit and did so as his or her free act and deed.

Notary Public _________________________ Commission Expires ______________

Notary Seal


30. ILLINOIS PREVAILING WAGES


31. PERFORMANCE BOND SAMPLE


INSTRUCTIONS FOR COMPLETINGCITY OF CHICAGO

ECONOMIC DISCLOSURE STATEMENTAND AFFIDAVIT

The City of Chicago (the "City") requires disclosure of the information requested in this Economic DisclosureStatement and Affidavit ("EDS") before any City agency, department or City Council action regarding the matter thatis the subject of this EDS. Please fully complete each statement, with all information current as of the date this EDS issigned. If a question is not applicable, answer with "N.A." An incomplete EDS will be returned and any City action will bedelayed.

Please print or type all responses clearly and legibly. Add additional pages if needed, being careful to identify theportion of the EDS to which each additional page refers.

For purposes of this EDS:

“Applicant” means any entity or person making an application to the City for action requiring City Council or other Cityagency approval.

“Disclosing Party” means any entity or person submitting an EDS.

“Entity” or “Legal Entity” means a legal entity (for example, a corporation, partnership, joint venture, limited liabilitycompany or trust).

“Person” means a human being.

WHO MUST SUBMIT AN EDS:

An EDS must be submitted in any of the following three circumstances:

1. Applicants: An Applicant must always file this EDS. If the Applicant is a legal entity, state the full name of thatlegal entity. If the Applicant is a person acting on his/her own behalf, state his/her name.

2. Entities holding an interest: Whenever a legal entity has a beneficial interest (i.e. direct or indirect ownership) of morethan 7.5% in the Applicant, each such legal entity must file an EDS on its own behalf.

3. Controlling entities. Whenever a Disclosing Party is a general partnership, limited partnership, limited liabilitycompany, limited liability partnership or joint venture that has a general partner, managing member, manager orother entity that can control the day-to-day management of the Disclosing Party, that entity must also file an EDSon its own behalf. Each entity with a beneficial interest of more than 7.5% in the controlling entity must also file anEDS on its own behalf.


32. CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT

32.1. SECTION I -- GENERAL INFORMATION

A. Legal name of Disclosing Party submitting this EDS. Include d/b/a/ if applicable:

Check ONE of the following three boxes:

Indicate whether Disclosing Party submitting this EDS is:1. [ ] the Applicant

OR2. [ ] a legal entity holding a direct or indirect interest in the Applicant. State the legal name of the

Applicant in which Disclosing Party holds an interest:

OR3. [ ] a specified legal entity with a right of control (see Section II.B.1.b.) State the legal name of the

entity in which Disclosing Party holds a right of control:

B. Business address of Disclosing Party:

C. Telephone: Fax: Email:

D. Name of contact person:

E. Federal Employer Identification No.:

F. Brief description of contract, transaction or other undertaking (referred to below as the "Matter") to which thisEDS pertains. (Include project number and location of property, if applicable):

Water Meter Installations

G. Which City agency or department is requesting this EDS? DEPARTMENT OF PROCUREMENT SERVICES

If the Matter is a contract being handled by the City’s Department of Procurement Services, please completethe following:

Specification Number: 75973 and RFQ Number: 3227


32.2. SECTION II -- DISCLOSURE OF OWNERSHIP INTERESTS

A. NATURE OF DISCLOSING PARTY

1. Indicate the nature of the Disclosing Party:[ ] Person [ ] Limited liability company*[ ] Publicly registered business corporation [ ] Limited liability partnership*[ ] Privately held business corporation [ ] Joint venture*[ ] Sole proprietorship [ ] Not-for-profit corporation[ ] General partnership* (Is the not-for-profit corporation also a 501(c)(3))?[ ] Limited partnership* [ ] Yes [ ] No[ ] Trust [ ] Other (please specify)

* Note B.1.b below.

2. For legal entities, the state (or foreign country) of incorporation or organization, if applicable:

3. For legal entities not organized in the State of Illinois: Has the organization registered to do business inthe State of Illinois as a foreign entity?

[ ] Yes [ ] No [ ] N/A

B. IF THE DISCLOSING PARTY IS A LEGAL ENTITY:

1.a. List below the full names and titles of all executive officers and all directors of the entity. Fornot-for-profit corporations, also list below all members, if any, which are legal entities. If there are no suchmembers, write "no members." For trusts, estates or other similar entities, list below the legal titleholder(s).

Name Title

1.b. If you checked “General partnership,” “Limited partnership,” “Limited liability company,” “Limited liabilitypartnership” or “Joint venture” in response to Item A.1. above (Nature of Disclosing Party), list below thename and title of each general partner, managing member, manager or any other person or entity thatcontrols the day-to-day management of the Disclosing Party. NOTE: Each legal entity listed below mustsubmit an EDS on its own behalf.

Name Title


2. Please provide the following information concerning each person or entity having a direct or indirectbeneficial interest (including ownership) in excess of 7.5% of the Disclosing Party. Examples of such aninterest include shares in a corporation, partnership interest in a partnership or joint venture, interest of amember or manager in a limited liability company, or interest of a beneficiary of a trust, estate or other similarentity. If none, state “None.”

NOTE: Pursuant to Section 2-154-030 of the Municipal Code of Chicago (“Municipal Code”), the City mayrequire any such additional information from any applicant which is reasonably intended to achieve fulldisclosure.

Name Business Address Percentage Interest in theDisclosing Party

32.3. SECTION III -- BUSINESS RELATIONSHIPS WITH CITY ELECTED OFFICIALS

Has the Disclosing Party had a "business relationship," as defined in Chapter 2-156 of the Municipal Code, with anyCity elected official in the 12 months before the date this EDS is signed?

[ ] Yes [ ] No

If yes, please identify below the name(s) of such City elected official(s) and describe such relationship(s):

32.4. SECTION IV -- DISCLOSURE OF SUBCONTRACTORS AND OTHER RETAINED PARTIES

The Disclosing Party must disclose the name and business address of each subcontractor, attorney, lobbyist,accountant, consultant and any other person or entity whom the Disclosing Party has retained or expects to retain in

connection with the Matter, as well as the nature of the relationship, and the total amount of the fees paid or estimatedto be paid. The Disclosing Party is not required to disclose employees who are paid solely through the DisclosingParty's regular payroll.

“Lobbyist” means any person or entity who undertakes to influence any legislative or administrative action onbehalf of any person or entity other than: (1) a not-for-profit entity, on an unpaid basis, or (2) himself. “Lobbyist” alsomeans any person or entity any part of whose duties as an employee of another includes undertaking to influence anylegislative or administrative action.

If the Disclosing Party is uncertain whether a disclosure is required under this Section, the Disclosing Party


must either ask the City whether disclosure is required or make the disclosure.

Name Business Relationship to Disclosing Party Fees(indicate whether Address (subcontractor, attorney, (indicate whetherretained or anticipated lobbyist, etc.) paid or estimated)to be retained)

(Add sheets if necessary)

[ ] Check here if the Disclosing party has not retained, nor expects to retain, any such persons or entities.

32.5. SECTION V -- CERTIFICATIONS

A. COURT-ORDERED CHILD SUPPORT COMPLIANCE (Not applicable)

Under Municipal Code Section 2-92-415, substantial owners of business entities that contract with the City mustremain in compliance with their child support obligations throughout the term of the contract.

Has any person who directly or indirectly owns 10% or more of the Disclosing Party been declared in arrearage onany child support obligations by any Illinois court of competent jurisdiction?

[ ] Yes [ ] No [ ] No person owns 10% or more of the Disclosing Party.

If “Yes,” has the person entered into a court-approved agreement for payment of all support owed and is the personin compliance with that agreement?

[ ] Yes [ ] No

B. FURTHER CERTIFICATIONS

1. The Disclosing Party and, if the Disclosing Party is a legal entity, all of those persons or entitiesidentified in Section II.B.1. of this EDS:

a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarilyexcluded from any transactions by any federal, state or local unit of government;

b. have not, within a five-year period preceding the date of this EDS, been convicted of a criminaloffense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining,attempting to obtain, or performing a public (federal, state or local) transaction or contract under apublic transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery;bribery; falsification or destruction of records; making false statements; or receiving stolen property;

c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local) with commission of any of the offenses enumerated in clause B.1.b. of thisSection V;


d. have not, within a five-year period preceding the date of this EDS, had one or more publictransactions (federal, state or local) terminated for cause or default; and

e. have not, within a five-year period preceding the date of this EDS, been convicted, adjudgedguilty, or found liable in a civil proceeding, or in any criminal or civil action, including actions concerningenvironmental violations, instituted by the City or by the federal government, any state, or any other unitof local government.

2. The certifications in subparts 2, 3 and 4 concern:

the Disclosing Party; any “Applicable Party” (meaning any party participating in the performance of the Matter,

including but not limited to any persons or legal entities disclosed under Section IV, “Disclosure ofSubcontractors and Other Retained Parties”);

any "Affiliated Entity" (meaning a person or entity that, directly or indirectly: controls theDisclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party, undercommon control of another person or entity. Indicia of control include, without limitation:interlocking management or ownership; identity of interests among family members, sharedfacilities and equipment; common use of employees; or organization of a business entity followingthe ineligibility of a business entity to do business with federal or state or local government,including the City, using substantially the same management, ownership, or principals as theineligible entity); with respect to Applicable Parties, the term Affiliated Entity means a person orentity that directly or indirectly controls the Applicable Party, is controlled by it, or, with theApplicable Party, is under common control of another person or entity;

any responsible official of the Disclosing Party, any Applicable Party or any Affiliated Entity or anyother official, agent or employee of the Disclosing Party, any Applicable Party or any AffiliatedEntity, acting pursuant to the direction or authorization of a responsible official of the DisclosingParty, any Applicable Party or any Affiliated Entity (collectively "Agents").

Neither the Disclosing Party, nor any Applicable Party, nor any Affiliated Entity of either the DisclosingParty or any Applicable Party nor any Agents have, during the five years before the date this EDS is signed,or, with respect to an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party duringthe five years before the date of such Applicable Party's or Affiliated Entity's contract or engagement inconnection with the Matter:

a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting tobribe, a public officer or employee of the City, the State of Illinois, or any agency of the federalgovernment or of any state or local government in the United States of America, in that officer's oremployee's official capacity;

b. agreed or colluded with other bidders or prospective bidders, or been a party to any suchagreement, or been convicted or adjudged guilty of agreement or collusion among bidders orprospective bidders, in restraint of freedom of competition by agreement to bid a fixed price orotherwise; or

c. made an admission of such conduct described in a. or b. above that is a matter of record, buthave not been prosecuted for such conduct; or

d. violated the provisions of Municipal Code Section 2-92-610 (Living Wage Ordinance).


3. Neither the Disclosing Party, Affiliated Entity or Applicable Party, or any of their employees, officials,agents or partners, is barred from contracting with any unit of state or local government as a result ofengaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violationof 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that containsthe same elements as the offense of bid-rigging or bid-rotating.

4. Neither the Disclosing Party nor any Affiliated Entity is listed on any of the following lists maintained bythe Office of Foreign Assets Control of the U.S. Department of the Treasury or the Bureau of Industry andSecurity of the U.S. Department of Commerce or their successors: the Specially Designated Nationals List,the Denied Persons List, the Unverified List, the Entity List and the Debarred List.

5. The Disclosing Party understands and shall comply with (1) the applicable requirements of theGovernmental Ethics Ordinance of the City, Title 2, Chapter 2-156 of the Municipal Code; and (2) all theapplicable provisions of Chapter 2-56 of the Municipal Code (Office of the Inspector General).

6. If the Disclosing Party is unable to certify to any of the above statements in this Part B (FurtherCertifications), the Disclosing Party must explain below:

If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusivelypresumed that the Disclosing Party certified to the above statements.

C. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION

For purposes of this Part C, under Municipal Code Section 2-32-455(b), the term "financial institution" means abank, savings and loan association, thrift, credit union, mortgage banker, mortgage broker, trust company, savingsbank, investment bank, securities broker, municipal securities broker, securities dealer, municipal securities dealer,securities underwriter, municipal securities underwriter, investment trust, venture capital company, bank holdingcompany, financial services holding company, or any licensee under the Consumer Installment Loan Act, the SalesFinance Agency Act, or the Residential Mortgage Licensing Act. However, "financial institution" specifically shall notinclude any entity whose predominant business is the providing of tax deferred, defined contribution, pension plansto public employees in accordance with Sections 403(b) and 457 of the Internal Revenue Code. (Additionaldefinitions may be found in Municipal Code Section 2-32-455(b).)

1. CERTIFICATION

The Disclosing Party certifies that the Disclosing Party (check one)

[ ] is [ ] is not

a "financial institution" as defined in Section 2-32-455(b) of the Municipal Code.

2. If the Disclosing Party IS a financial institution, then the Disclosing Party pledges:

"We are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code. Wefurther pledge that none of our affiliates is, and none of them will become, a predatory lender as defined inChapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming anaffiliate of a predatory lender may result in the loss of the privilege of doing business with the City."


If the Disclosing Party is unable to make this pledge because it or any of its affiliates (as defined in Section2-32-455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the MunicipalCode, explain here (attach additional pages if necessary):

If the letters "NA," the word "None," or no response appears on the lines above, it will be conclusivelypresumed that the Disclosing Party certified to the above statements.

D. CERTIFICATION REGARDING INTEREST IN CITY BUSINESS

Any words or terms that are defined in Chapter 2-156 of the Municipal Code have the same meanings when used inthis Part D.

1. In accordance with Section 2-156-110 of the Municipal Code: Does any official or employee of the Cityhave a financial interest in his or her own name or in the name of any other person or entity in the Matter?

[ ] Yes [ ] No

NOTE: If you checked "Yes" to Item D.1., proceed to Items D.2. and D.3. If you checked "No" to Item D.1.,proceed to Part E.

2. Unless sold pursuant to a process of competitive bidding, or otherwise permitted, no City elected officialor employee shall have a financial interest in his or her own name or in the name of any other person or entityin the purchase of any property that (i) belongs to the City, or (ii) is sold for taxes or assessments, or (iii) issold by virtue of legal process at the suit of the City (collectively, "City Property Sale"). Compensation forproperty taken pursuant to the City's eminent domain power does not constitute a financial interest within themeaning of this Part D.

Does the Matter involve a City Property Sale?

[ ] Yes [ ] No

3. If you checked "Yes" to Item D.1., provide the names and business addresses of the City officials oremployees having such interest and identify the nature of such interest:

Name Business Address Nature of Interest

4. The Disclosing Party further certifies that no prohibited financial interest in the Matter will be acquiredby any City official or employee.


E. CERTIFICATION REGARDING SLAVERY ERA BUSINESS

The Disclosing Party has searched any and all records of the Disclosing Party and any and all predecessor entitiesfor records of investments or profits from slavery, the slave industry, or slaveholder insurance policies from theslavery era (including insurance policies issued to slaveholders that provided coverage for damage to or injury ordeath of their slaves) and has disclosed in this EDS any and all such records to the City. In addition, the DisclosingParty must disclose the names of any and all slaves or slaveholders described in those records. Failure to complywith these disclosure requirements may make the Matter to which this EDS pertains voidable by the City.

Please check either 1. or 2. below. If the Disclosing Party checks 2., the Disclosing Party must disclose below or inan attachment to this EDS all requisite information as set forth in that paragraph 2.

____1. The Disclosing Party verifies that (a) the Disclosing Party has searched any and all records of theDisclosing Party and any and all predecessor entities for records of investments or profits from slavery, the slaveindustry, or slaveholder insurance policies, and (b) the Disclosing Party has found no records of investments orprofits from slavery, the slave industry, or slaveholder insurance policies and no records of names of any slaves orslaveholders.

____2. The Disclosing Party verifies that, as a result of conducting the search in step 1(a) above, the DisclosingParty has found records relating to investments or profits from slavery, the slave industry, or slaveholder insurancepolicies and/or the names of any slaves or slaveholders. The Disclosing Party verifies that the following constitutesfull disclosure of all such records:

32.6. SECTION VI -- CERTIFICATIONS FOR FEDERALLY-FUNDED MATTERS

NOTE: If the Matter is federally funded, complete this Section VI. If the Matter is not federally funded, proceed toSection VII.

A. CERTIFICATION REGARDING LOBBYING

1. List below the names of all persons or entities registered under the federal Lobbying Disclosure Act of1995 who have made lobbying contacts on behalf of the Disclosing Party with respect to the Matter: (Beginlist here, add sheets as necessary):

(If no explanation appears or begins on the lines above, or if the letters "NA" or if the word "None" appear, itwill be conclusively presumed that the Disclosing Party means that NO persons or entities registered underthe Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Disclosing Party withrespect to the Matter.)

2. The Disclosing Party has not spent and will not expend any federally appropriated funds to pay anyperson or entity listed in Paragraph A.1. above for his or her lobbying activities or to pay any person or entityto influence or attempt to influence an officer or employee of any agency, as defined by applicable federallaw, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress,


in connection with the award of any federally funded contract, making any federally funded grant or loan,entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federallyfunded contract, grant, loan, or cooperative agreement.

3. The Disclosing Party will submit an updated certification at the end of each calendar quarter in whichthere occurs any event that materially affects the accuracy of the statements and information set forth inparagraphs A.1. and A.2. above.

If the Matter is federally funded and any funds other than federally appropriated funds have been or will bepaid to any person or entity for influencing or attempting to influence an officer or employee of any agency (asdefined by applicable federal law), a member of Congress, an officer or employee of Congress, or anemployee of a member of Congress in connection with the Matter, the Disclosing Party must complete andsubmit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Theform may be obtained online from the federal Office of Management and Budget (OMB) web site athttp://www.whitehouse.gov/omb/grants/sflllin.pdf, linked on the pagehttp://www.whitehouse.gov/omb/grants/grants_forms.html.

4. The Disclosing Party certifies that either: (i) it is not an organization described in section 501(c)(4) of theInternal Revenue Code of 1986; or (ii) it is an organization described in section 501(c)(4) of the InternalRevenue Code of 1986 but has not engaged and will not engage in "Lobbying Activities".

5. If the Disclosing Party is the Applicant, the Disclosing Party must obtain certifications equal in form andsubstance to paragraphs A.1. through A.4. above from all subcontractors before it awards any subcontractand the Disclosing Party must maintain all such subcontractors' certifications for the duration of the Matterand must make such certifications promptly available to the City upon request.

B. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY

If the Matter is federally funded, federal regulations require the Applicant and all proposed subcontractors to submitthe following information with their bids or in writing at the outset of negotiations.

Is the Disclosing Party the Applicant?

[ ] Yes [ ] No

If “Yes,” answer the three questions below:

1. Have you developed and do you have on file affirmative action programs pursuant to applicable federalregulations? (See 41 CFR Part 60-2.)

[ ] Yes [ ] No

2. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal ContractCompliance Programs, or the Equal Employment Opportunity Commission all reports due under theapplicable filing requirements?

[ ] Yes [ ] No

3. Have you participated in any previous contracts or subcontracts subject to the equal opportunityclause?

[ ] Yes [ ] No

If you checked “No” to question 1. or 2. above, please provide an explanation:


32.7. SECTION VII -- ACKNOWLEDGMENTS, CONTRACT INCORPORATION, COMPLIANCE,PENALTIES, DISCLOSURE

The Disclosing Party understands and agrees that:

A. By completing and filing this EDS, the Disclosing Party acknowledges and agrees, on behalf of itself and thepersons or entities named in this EDS, that the City may investigate the creditworthiness of some or all of thepersons or entities named in this EDS.

B. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contractor other agreement between the Applicant and the City in connection with the Matter, whether procurement, Cityassistance, or other City action, and are material inducements to the City's execution of any contract or taking otheraction with respect to the Matter. The Disclosing Party understands that it must comply with all statutes,ordinances, and regulations on which this EDS is based.

C. The City's Governmental Ethics and Campaign Financing Ordinances, Chapters 2-156 and 2-164 of theMunicipal Code, impose certain duties and obligations on persons or entities seeking City contracts, work, business,or transactions. The full text of these ordinances and a training program is available on line atwww.cityofchicago.org/Ethics, and may also be obtained from the City's Board of Ethics, 740 N. Sedgwick St., Suite500, Chicago, IL 60610, (312) 744-9660. The Disclosing Party must comply fully with the applicable ordinances.

D. If the City determines that any information provided in this EDS is false, incomplete or inaccurate, anycontract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, andthe City may pursue any remedies under the contract or agreement (if not rescinded, void or voidable), at law, or inequity, including terminating the Disclosing Party's participation in the Matter and/or declining to allow the DisclosingParty to participate in other transactions with the City. Remedies at law for a false statement of material fact mayinclude incarceration and an award to the City of treble damages.

E. It is the City's policy to make this document available to the public on its Internet site and/or upon request.Some or all of the information provided on this EDS and any attachments to this EDS may be made available to thepublic on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing andsigning this EDS, the Disclosing Party waives and releases any possible rights or claims which it may have againstthe City in connection with the public release of information contained in this EDS and also authorizes the City toverify the accuracy of any information submitted in this EDS.

F. The information provided in this EDS must be kept current. In the event of changes, the Disclosing Partymust supplement this EDS up to the time the City takes action on the Matter. If the Matter is a contract beinghandled by the City’s Department of Procurement Services, the Disclosing Party must update this EDS as thecontract requires.

The Disclosing Party represents and warrants that:

G. The Disclosing Party has not withheld or reserved any disclosures as to economic interests in the DisclosingParty, or as to the Matter, or any information, data or plan as to the intended use or purpose for which the Applicantseeks City Council or other City agency action.


For purposes of the certifications in H.1. and H.2. below, the term "affiliate" means any person or entity that, directlyor indirectly: controls the Disclosing Party, is controlled by the Disclosing Party, or is, with the Disclosing Party,under common control of another person or entity. Indicia of control include, without limitation: interlockingmanagement or ownership; identity of interests among family members; shared facilities and equipment; commonuse of employees; or organization of a business entity following the ineligibility of a business entity to do businesswith the federal government or a state or local government, including the City, using substantially the samemanagement, ownership, or principals as the ineligible entity.

H.1. The Disclosing Party is not delinquent in the payment of any tax administered by the Illinois Department ofRevenue, nor are the Disclosing Party or its affiliates delinquent in paying any fine, fee, tax or other charge owed tothe City. This includes, but is not limited to, all water charges, sewer charges, license fees, parking tickets, propertytaxes or sales taxes.

H.2 If the Disclosing Party is the Applicant, the Disclosing Party and its affiliates will not use, nor permit theirsubcontractors to use, any facility on the U.S. EPA's List of Violating Facilities in connection with the Matter for theduration of time that such facility remains on the list.

H.3 If the Disclosing Party is the Applicant, the Disclosing Party will obtain from any contractors/subcontractorshired or to be hired in connection with the Matter certifications equal in form and substance to those in H.1. and H.2.above and will not, without the prior written consent of the City, use any such contractor/subcontractor that does notprovide such certifications or that the Disclosing Party has reason to believe has not provided or cannot providetruthful certifications.

NOTE: If the Disclosing Party cannot certify as to any of the items in H.1., H.2. or H.3. above, an explanatorystatement must be attached to this EDS.


32.8. CERTIFICATION

Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS onbehalf of the Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS are true,accurate and complete as of the date furnished to the City.

Date:(Print or type name of Disclosing Party)

By:(Sign here)

(Print or type name of person signing)

(Print or type title of person signing)

Signed and sworn to before me on (date) , by , at

County, (state).

Notary Public Signature: _______________________________


11/01/05 Version


33. CITY OF CHICAGO ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT APPENDIX A

33.1. FAMILIAL RELATIONSHIPS WITH ELECTED CITY OFFICIALS AND DEPARTMENT HEADS

This Appendix is to be completed only by (a) the Applicant, and (b) any legal entity which has a directownership interest in the Applicant exceeding 7.5 percent. It is not to be completed by any legal entity which hasonly an indirect ownership interest in the Applicant.

Under Municipal Code Section 2-154-015, the Disclosing Party must disclose whether such Disclosing Party orany “Applicable Party” or any Spouse or Domestic Partner thereof currently has a “familial relationship” with any electedcity official or department head. A “familial relationship” exists if, as of the date this EDS is signed, the Disclosing Party orany “Applicable Party” or any Spouse or Domestic Partner thereof is related, by blood or adoption, to the mayor, anyalderman, the city clerk, the city treasurer or any city department head as parent, child, brother or sister, aunt or uncle,niece or nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather orstepmother, stepson or stepdaughter, stepbrother or stepsister or half-brother or half-sister.

“Applicable Party” means (1) all corporate officers of the Disclosing Party, if the Disclosing Party is a corporation;all partners of the Disclosing Party, if the Disclosing Party is a general partnership; all general partners and limitedpartners of the Disclosing Party, if the Disclosing Party is a limited partnership; all managers, managing members andmembers of the Disclosing Party, if the Disclosing Party is a limited liability company; (2) all principal officers of theDisclosing Party; and (3) any person having more than a 7.5 percent ownership interest in the Disclosing Party. “Principalofficers” means the president, chief operating officer, executive director, chief financial officer, treasurer or secretary of alegal entity or any person exercising similar authority.

Does the Disclosing Party or any “Applicable Party” or any Spouse or Domestic Partner thereof currently have a“familial relationship” with an elected city official or department head?

[ ] Yes [ ] No

If yes, please identify below (1) the name and title of such person, (2) the name of the legal entity to which suchperson is connected; (3) the name and title of the elected city official or department head to whom such person has afamilial relationship, and (4) the precise nature ofsuch familial relationship.

33.2. CERTIFICATIONUnder penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS on behalf ofthe Disclosing Party, and (2) warrants that all certifications and statements contained in this EDS are true, accurate andcomplete as of the date furnished to the City._______________________________________ Date:(Print or type name of Disclosing Party)

By:(Sign here)(Print or type name of person signing)

(Print or type title of person signing)

Signed and sworn to before me on (date) _____________________, by at _________________County,_________________(State).

__________________________________ Notary Public.

Commission expires:


34. PROPOSAL TO BE EXECUTED BY A CORPORATIONThe undersigned, hereby acknowledges having received Specification No.: 75973 containing a full set of ContractDocuments, including, but not limited to, 1) General Conditions, 2) Special Conditions, 3) Contract Plans or Drawings(if applicable) 4) Detailed Specifications or Scope of Services, Evaluation/Selection Criteria and SubmittalRequirements (If RFP/RFQ), 5) Proposal Pages, 6) Certifications and 7) Addenda Nos. (none unless indicatedhere) ______________________________, and affirms that the corporation shall be bound by all the terms andconditions contained in the Contract Documents, regardless of whether a complete set thereof is attached to thisproposal, except only to the extent that the corporation has taken express written exception thereto in the sections ofthis specification designated for that purpose.

Further, the undersigned being duly sworn deposes and says on oath that no disclosures of ownership interestshave been withheld and the information provided therein to the best of its knowledge is current and the undersignedhas not entered into any agreement with any other bidder (proposer) or prospective bidder (proposer) or with anyother person, firm or corporation relating to the price named in this proposal or any other proposal, nor anyagreement or arrangement under which any act or omission in restraining of free competition among bidders(proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the pricenamed herein.

NAME OF CORPORATION: ________________________________________________(Print or Type)

SIGNATURE OF PRESIDENT*: ___________________________________________(Or Authorized Officer)

TITLE OF SIGNATORY: ___________________________________________________(Print or Type)

BUSINESS ADDRESS: ____________________________________________________(Print or Type)

*Note: In the event that this bid (proposal) is signed by other than the President, attach hereto a certified copy of thatsection of Corporate By-Laws or other authorization, such as a resolution by the Board of Directors, which permitsthe person to sign the offer for the Corporation.

ATTEST: ____________________________________Corporate Secretary Signature

(Affix Corporate Seal)

State of ______________________

County of _____________________

This instrument was acknowledged before me on this _____ day of __________, 2010 by____________________________ as President (or other authorized officer) and ____________________________as Secretary of __________________ (Corporation Name).




35. PROPOSAL TO BE EXECUTED BY A PARTNERSHIP

The undersigned, hereby acknowledges having received Specification No.: 75973 containing a full set of ContractDocuments, including, but not limited to, 1) General Conditions, 2) Special Conditions, 3) Contract Plans or Drawings(if applicable) 4) Detailed Specifications or Scope of Services, Evaluation/Selection Criteria and SubmittalRequirements (If RFP/RFQ), 5) Proposal Pages, 6) Certifications and 7) Addenda Nos. (none unless indicatedhere) ______________________________, and affirms that the partnership shall be bound by all the terms andconditions contained in the Contract Documents, regardless of whether a complete set thereof is attached to thisproposal, except only to the extent that the partnership has taken express written exception thereto in the sections ofthis specification designated for that purpose.

Further, the undersigned being duly sworn deposes and says on oath that no disclosures of ownership interestshave been withheld and the information provided therein to the best of its knowledge is current and the undersignedhas not entered into any agreement with any other bidder (proposer) or prospective bidder (proposer) or with anyother person, firm or corporation relating to the price named in this proposal or any other proposal, nor anyagreement or arrangement under which any act or omission in restraining of free competition among bidders(proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the pricenamed herein.

BUSINESS NAME: _____________________________________________________(Print or Type)

BUSINESS ADDRESS: __________________________________________________(Print or Type)

If you are operating under an assumed name, provide County registration number hereinunder as provided in theIllinois Revised Statutes 1965 Chapter 96 Sec. 4 et seq.

Registration Number: ______________________

SIGNATURES AND ADDRESSES OF ALL MEMBERS OF THE PARTNERSHIP

(If all General Partners do not sign, indicate authority of partner signatories by attaching copy of partnershipagreement or other authorizing document):

Partner Signature: _____________________________________________________

Address: ____________________________________________________________

State of _____________________

County of ____________________

Subscribed and sworn to before me by each of the foregoing individuals this _____ day of __________, 2010.




36. PROPOSAL TO BE EXECUTED BY A SOLE PROPRIETORThe undersigned, hereby acknowledges having received Specification No.: 75973 containing a full set of ContractDocuments, including, but not limited to, 1) General Conditions, 2) Special Conditions, 3) Contract Plans or Drawings(if applicable) 4) Detailed Specifications or Scope of Services, Evaluation/Selection Criteria and SubmittalRequirements (If RFP/RFQ), 5) Proposal Pages, 6) Certifications and 7) Addenda Nos. (none unless indicatedhere) ____________________, and affirms that the sole proprietor shall be bound by all the terms and conditionscontained in the Contract Documents, regardless of whether a complete set thereof is attached to this proposal,except only to the extent that the sole proprietor has taken express written exception thereto in the sections of thisspecification designated for that purpose.

Further, the undersigned being duly sworn deposes and says on oath that no disclosures of ownership interests havebeen withheld and the information provided therein to the best of its knowledge is current and the undersigned hasnot entered into any agreement with any other bidder (proposer) or prospective bidder (proposer) or with any otherperson, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement orarrangement under which any act or omission in restraining of free competition among bidders (proposers) and hasnot disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein.

SIGNATURE OF PROPRIETOR: _____________________________________________________

(Signature)

DOING BUSINESS AS: _____________________________________________________________

(Print or Type)

BUSINESS ADDRESS: ______________________________________________________________

(Print or Type)

If you are operating under an assumed name, provide County registration number hereinunder as provided in theIllinois Revised Statutes 1965 Chapter 96 Sec. 4 et seq.

Registration Number: ____________________

State of __________________________

County of _________________________

This instrument was acknowledged before me on this ____ day of __________, 2010 by ____________________(name/s of person/s)


(Seal)

Commission Expires: ___________________


37. PROPOSAL ACCEPTANCE

The undersigned, on behalf of the CITY OF CHICAGO, a municipal corporation of the State of Illinois, hereby acceptthe foregoing bid items as identified in the proposal.

Total Amount of Contract: $ 009-0F04-0882030-0550-220550-W706-09501-090 (VARIOUS)

Fund Chargeable:

_________________________

City Comptroller

_________________________

Chief Procurement Officer

_________________________

Mayor

Approved as to form and legality:

_________________________

Assistant Corporation Counsel

Contract Awarded and Released on this _____ day of __________, 2010