COOK€¦ · CONTRACT NO. 1545-14489 IB-01 DEFINITIONS A. BIDDER shall mean any Person who submits a Bid. BID COVER PAGE shall mean the general description of the required services,

BiiDDER:

COOK COUNTY GOVERNMENTOffice of the Chief Procurement CÃicer

CONTRACT FOR SUPPLY

DOCUMENT NO. 1545-14486

STEAM iHiEAT AND CHILLED WATER COOLING COILSFOR

COOK COUNTY DEPARTMENT GF FACILITIES MANAGEIIENT

MANDATORY PRE45ID MEETING:

DATE: JUNE 5, 2015TIME: 6:00A.M.LOCATION: COOK COUNTY DEPARTMENT GF CORRECTIONS

2650 S.CALiiFGRNIA AVENUE, ADMiiNINISTRATIQN BUiiLDIiNiGMEZZANINE LEVELCHICAGO, IIL 60608

BIDS TG BE EXECUTED IN TRIPLICATEBIDOPENINGWILLBE QNFRIDAY "'~ JUNE28 20'ilSAT10:00AMCENTRAL STANDARD TIINELATE'-BIDS WILL NOT BE CONSIDEREDDEI.IVER BIDS TO 118N. CLARK ST., ROOM 1I016„CHICAGO,IL 50602

Questions regaling this Bid should be directed to: Dan Gizzi','MAIL: DAN.GIZZICGGKCOUNTYIIL.GOV GR (312) 603-6825

Shannon E.AndrewsChief Procurement Ghicer

DtatW/2015

TABLE OF CONTENTS

Instrucfions to Bidders ..~PeIB-1

General Conditions .. GC-1

Spedal Conditions

SpeciTications

Site Inspection Certificat ..

Price Pmposal

SC-1

S-1

SI-1

P-1

EXHIBITS:Exhibit I:

Exhibit II

Exhibit III

Identification of Subcontractor/Supplier/Subconsultant Form

Elecbonic Payables Pmgram Form

Preference for Veteran's Business Enterpdse and Senrice-Disabled Veteran's Business EnterpriseForm

Exhibit IV

Exhibit V

Exhibit Vl

Veteran's Workplace Preference Public Works Contracts Form

Economic Disclosure Statement Forms, including Contract and EDS Signature Pages

Minority-Owned Business Enterprise and Women-Owned Business Enterprise Utilization Plan

CONTRACT NO. 1545-14489

INSTRUCTIONS TO BIDDERSBID CONTRACTS

INDEX

1841

1842

18-03

18-04

1845

18-08

18-07

18-08

1849

18-10

18-11

18-12

18-13

18-14

18-15

18-16

18-17

18-18

18-19

18-20

18-21

18-22

18-23

18-24

18-25

~Sub'ect

Definitions

EDS and Execution Document

Site Inspecfion Certificate

Bid Deposit

Exceptions and Addendum

Bidder Representations and Warranties

Submission cf Bid Proposals

Bid Proposals to Conform to Contract Documents

Competency of Bidder

Local Business Preference

Re-Entry Employment Earned Credits

Eligible Veterans Bid Preference for Public Works Contract

Eligible Bid Preference for VBEs and SDVBEs

Public Works

Consideration of Bid Proposals

Withdrawal of Bld Pniposals

Notice of Award

Bid Disputes

Performance and Payment Bond

Pdices Firm

Cash Billing Discounts

Catalogs

Authorized Dealer/Distributor

Trade Names

Samples

18-1

18-2

18-2

18-2/3

18-3

18-3

18-3

18-4

18-4

18-4

18-4

18-5

184

18-5

184

18-6

18-6

184

18-6

18-6

18-7

18-7

1&7

18-7

3/2015


INSTRUCllONS TO BIDDERSBID CONTRACTS

INDEX

IB-26

IB-27

IB-28

IB-29

IB-30

IB-31

IB32

Notices

Compliance with Laws - Public Contracts

Cooperation with Inspector General

Credit Card Payments

Minority and Women Owned Business Enterprise Ordinance

Cook County Recycled Product Procurement Policy

Estimated Quantities

IB-7

IB8

IB-8

IB-S

IBS

IB4i

IB-8

3/2015


IB-01 DEFINITIONS

A. BIDDER shall mean any Person who submits a Bid.

BID COVER PAGE shall mean the general description of the required services, goods, equipment, orsupplies, the contact information of the assigned Contract Negotiator or Specification Engineer in the Offfce ofthe Chief Procurement Officer, and shall include the date, time and place for boih the submission of BidProposals and the opening of the Bid Proposals.

C. BID or BID PROPOSAL shall mean a response to the Bid Notice containing all Bid Documents snd any otherdocuments or information ths Bidder is required to provide.

D. BID DOCUMENTS means the documents, specifications, forms and other information necessary and requiredfor a Bid.

E. BID NOTICE means the notte from the CPO regarding s Procurement which shall include: a generaldescription of the Procuremsnt; information necessary to obtain the Bid Documents; and ths date, time andplace for both ths submission of Bids snd the opening of ths Bids.

F. CONTRACT shall mean any written document to make Procurements by or on behalf of Cook County.

CONTRACT DOCUNIENTS shall mean collectively the Bid Cover Page, legal advertisement, Bid Notice, BidDocuments, Bid, Economic Disclosure Statement, MBE/WBE Utilization Plan and any other document required

by the Chief Procurement Officer. The above documents shall bs considered as one integrated documentsetting forlh the obligations of the parties.

H. CONTRACTOR shall mean the Person that enters into a Contract with the County.

I. COUNTY shall mean the County of Cook, a body polMc and corporate of the State of fflinois.

DIRECTOR shall mean the person or persons authorized by the County to act in connection with this Contract.Such authorization shall not indude any power to change the scope of the Contract or to obligate the County topay additional sums beyond the amount of the Contract awarded by the Cook County Board of Commissionersor the Chief Procurement Officer.

K. CHIEF PROCUREMENT OFFICER or CPO shsff mean the Chief Procurement Offfcer of the County of Cookwhose duties and responsibilities ars more parficulsrly described in the Cook County Procurement Code,Chapter 34, Arffcle IV, Division I.

L. OCPO shall mean the Office of the Chief Procurement Officer of Cook County.

M. PERSON shall mean any individual, corporation, partnership, Joint Venture, trust sssodation, Limited Liability

Company, sole proprietorship or legal entity.

N. PROCUREMENT shall mean obtaining supplies, equipment, goods or services of any kind.

O. SPECIFICAllONS shall mean the description of the services, work, goods, equipment, personnel, volume anduse statistics and all requirements for the scope ofwork set forth in the Contract Documents.

USING AGENCY shall mean the departments or agencies within Cook County government including electedofficials.

CONTRACT NG. 1545-14489

IB4)2 PREPARATION OF EDS AND EXECUTION DOCUMENT

The Bidder shall prepare one (1)copy of its Bid Proposal on the proposal forms within the Contract Documentsand three (3) Economic Disclosure Statement and Execution Documents ("EDS"),all with original signatures.Unless otherwise stated, all blank spaces on ths proposal forms shall bs fully completed. Bidder bears all

responsibility for error or omiswions in the submission of the Bid Proposal. Bid Proposals and EDS which arenot properly signed may be rejected.

If the Bidder is a corporation, the President and Secretary must execute the EDS. In the event that this BidProposal is executed by someone other than the President, attach hereto a certified copy of that section of theCorporate By-Laws, resolution or other authorization by the Corporation, satisfactory to ths County that permitsthe person to execute Bid Proposal for said corporation. If the corporation is not incorporated in the Slate ofillinois, s copy of the Certificate of Good Standing from the state of incorporation must be submitted with theEDS.

If ths Bidder is a partnership or joint venture, all partners or joint ventursrs must execute the EDS, unless onepartner or joint venture has been authorized to sign for the partnership or joint venture, in which case, thepartnership agrsemsnt, resolution or evidence of such authority, satisfactory to the County, must be submitted.If the Bidder is a joint venture, attach a copy of the joint venture agreement.

D. If the Bidder is a member-managed LLC all members must execute the EDS, unless otherwise provided in theoperating agreement, resolution or other corporate documents. If the Bidder is a manager-managed LLC, themanager(s) must execute the Bid Proposal. The Bidder must attach either a cerfified copy of the operatingagresmsnt, resolution or other authorization, satisfactory to ths County, demonstrafing such person hes theauthority to execute the EDS on behalf of the LLC. If the LLC is not registered in the State of illinois, a copyof a current Certificate of Good Standing from the state of incorporafion must be submitted with the EDS.

E. If the Bidder is a Sole Proprietorship, the sole proprietor must execute the EDS.

F A "Partnership" Joint Venture" or "Sole Propi'ietorship" operating under an Assumed Name must be registeredwith the illinois county in which it is located, as provided in 805 ILCS 405 (2012) and documentation evidencingregistration must be submitted with the EDS.

IB-03 SITE INSPECTION CERTIFICATE

The Bidder shall inspect the job-sits to become familiar with ths condiTions related to the work or services and therequirements set forth in the Bid Documents. Failure of the Bidder to visit the Site shall not relieve or alter the Bidder'sresponNbility for complsfing the work or services as required by the Contract Documents.

When required as mandatory in the Contract Documents, the Bidder shall visit the job-site and shall carefully examineand become familiar with sll conditions which may in any way effect the performance of the Contract and shall submitcerttficafion of such inspection along with the Bid Proposal. The dates and conditions of the site inspection aredetermined by the County. If the Contract Documents provide that inspection of the site is mandatory, a Bidder's failureto attend all of the required site inspections shall render the Bid Proposal non-responsive.

IB-04 BID DEPOSIT

When required in the Contract Documents, the Bid Proposal shall be accompanied by, cashier's check, certified check,bank dralt or surety bond in the amount shown in the legal advertisement or as may be prescribed in these ContractDocuments. A certified or cashier's check shall be drawn on a responsible bank doing business in the United Sates andshall be made payable to the order of the County of Cook. The surety issuing the bond must have a general rating of"A", and shall be s Class Vll or higher in the financial size category as defined by Best Company Inc., Moody's InvestorServices, Standard & Poor's Corporation or similar rating agency. The surety must bs licensed by the State of filinois


IB-04 BID DEPOSIT Icon't.i

Department of Insurance and bs listed in the current U.S. Treasury Circular 570 when federal funds are being used.Failure to submit ths bid deposit shall constitute a non-responsive Bid Proposal and such Bid Proposal shall be rejected.

The Bidder hereby agrees that the bid deposit shall be forfeited to the County as liquidated damages and not as penaltyin the event Bidder fails to comply with IB-15 and IB-17, or otherwise fails or refuses to honor the Bid Proposal uponaward of the Contract by the County.

The bid deposit of all bidders will be returned, with the exception of the apparent lowest responsive and responsibleBidder, after the County has awarded the Contract. The bid deposit of the lowest responsive and responsible Bidder will

be returned after the Contract has been awarded and the Bidder has submitted all insurance documentation and thePeifonnance and Payment Bond, as required by the Contract Documents.

IB4)5 EXCEPTIONS AND ADDENDUM

The County will not provide oral answers to questions concerning Bid Documents before or subsequent to ths award ofa Conbact. If an interpretation or clarlffcation of the Bid Document Is desired by the Bidder or if the Bidder intends torequest a deviation to the Specifications, the Bidder shall submit quesbons or request for the deviation to theSpeclfications to the Chief Procurement Oificer prior to the date for inquiries set forth in the Special Conditions. TheChief Procurement Oflicer will answer questions or requests for deviations to the Specifications by issuing an Addendumwhich shall bs available to all Bidders submitting a Bid Proposal. If no Addendum Is issued by the Chief ProcurementOfftcer, then such deviation or exception to the Specification shall be deemed rejected. The Chief Procurement Officershall reject any Bid containing deviations or exceptions to the Specifications not previously accepted through a writtenAddendum. Bidder shall acknowledge receipt of each Addendum issued in the space provided on the proposal form.The Bidder's failure to acknowledge in writing any issued addenda may result in the CPO finding the Bid non-responsiveand rejecting the Bid. The OCPO shall not allow any Bidder to acknowledge any such addenda, in wriiting or orally, aRsrthe Bid Opening.

All written requests for cisrifications, deviations or exceptions shall be addressed to the Specification Engineer orContract Negotiator listed cn the Bid Cover Page:

If the apparent lowest Bidder takes exceptions or deviations to the General Conditions, which am submitted with the Bid,the CPO shall reject the Bid as non-responsive in the event that the Chief Procurement Officer, in his or her sole opinion,determines such excepfions or deviations to be material,

ISA BIDDER REPRESENTATIONS AND WARRANTIES

The submission of a Bid shall constitute a representation and warranty that: (i) Bidder has carefully and thoroughlyreviewed the Contract Documents and has found them complete and free from ambiguities and sufficient to describe therequired goads, equipment, supplies or services; (ii) Bidder and all laborers, employees or subconbtractors it intends touse in ths performance of this Contract are skilled and experienced in the type of work or services called for by theContract Documents; and (iii) neither the Bidder nor any of its employees, agents, suppliers or subcontractors haverelied on any verbal mpresentations from the County, or any of the County's employees, agents, or consultants, in

preparing the Bid.

IB-67 SUBNIISSION OF BID PROPOSALS

All Bidders shall submit the bound copy of the Bid in a sealed envelope and shall cause the Bid to be delivered to TheOftice of the Chief Procurernsnt Officer, Room 1018, County Building, 118North Clark Street, Chicago, illinois 60602 bythe date and hour for the Bid Opening as shown in the Bid. The sealed envelope submitted by the Bidder shall have theBid label, set forth herein, or shall have ths following information on the face of the envelope: Bidder's name, address,subject matter of Bid, Bid or Contract number, advertised date of Bid Opening and ths hour designated for Bid Openingas shown in the Contract Documents.


IB48 BID PROPOSALS TO CONFORM TO BID DOCUMENTS

The County will not entertain or consider any Bids: (i) received after the exact time specified in the Bid; (ii) not

accompanied by the required bid deposit; or (iii) in sny other way failing to comply fully with the conditions stated in theBid.

IB4)9 COMPETENCY OF BIDDER

No Contract shall be awarded to a Bidder that is in arrears or is in default to the County upon sny debt or Contract, orthat is a defaulter, as surety or otherwise upon any obligation to said County, or has failed to perform faithfully anyprevious contract with the County.

IB-10 LOCAL BUSINESS PREFERENCE

The Chief Procurement Oificer shall, for afi Procurements funded solely with County doflars by competitive sealedbidding, accept the lowest bid price or lowest evaluated bid price from a responsive or responsible local business,provided that ths Bid does not exceed the lowest bid price or lowest evaluated bid priice from a responsive andresponsible non-local business by more than flve percent (5%).

"Local business" shall mean a Person, including a foreign corporation authorized to transact business in lflinois, having

a bona fide establishment located within the County at which it is transacting business on the date when a Bid issubmitted to the County, and which employs the majority of its regular, full-time work force within the County. A JointVenture shall constitute a Local Business if one or more Persons that qualify as a "Local Business" hold interests totalingover 50 percent in the Joint Venture, even if the Joint Venture does not, at ths time of the Bid submittal, have such abona fide establishment within the County.

18-11 RE-ENTRY EMPLOYMENT EARNED CREDITS

In accordance with Section 34-231 through Section 34-235 of the Cook County Procurement Code, for all Public WorksContracts, with an esfimated Bid Price of $100,000 or more, the Bidder shall bs permitted but is not required, to submitan employment plan of Former Offenders with its Bid Proposal in order to receive an earned credit for future PublicWorks Contracts. The Employment Plan shafl be approved by the CPO and, if required, the Cook County Re-entry

Employment Committee. Upon the complebon of a qualifying contract and the Bidder presenfing satisfactory information

and documentation to the CPO, the CPO shell provide the Bidder with an Earned Credit Certificate, which shall be valid

for three years from ths date of issuance. The Bidder shall receive an earned credit of )1'/o of the Bid Price for future

Public Works Contracts, if 5-10/o of ths percentage of Total Labor Hours ars performed by Former Offenders, snd anearned credit of 1% of the Bid Price for future Public Works Contracts, if the more than 10'/v of the percentage of Total

Labor Hours are performed by Former Offsnders. For purposes of this provision, "Former Olfenders" shall mean adultswho are residents of the County and who have been comiicted of a crime. "Labor hours" shall mean the total hours ofworkers receiving an hourly Wage who are directly employed at the work sits. It shall Include hours performed byworkers employed by the contractor and all subcontractors working at the sits. "Labor hours" shall not indude hoursworked by nonworking former, superintendent, owners and workers who are not subject to prevailing wagerequirements.

IB-4


IB-12 ELIGIBLE VETERANS BID PREFERENCE FOR PUBLIC WORKS CONTRACT

In accordance with Section 34-236 (a) of the Cook County Procurement Code, for all Public Works Contracts, the CPOshall give a preference of one percent of the amount of the Contract to a Responsible and Responsive Bidder for aPublic Works Contract when such Bidder has committed by affidavit to utilize Eligible Veterans for at least five percent ofthe hours worked under such Contract. Failure to utilize Eligible Veterans in accordance with the affidavit will result in

breach of Contract.

18-13 ELIGIBLE BID PREFERENCE FOR VBEs and SDVBEs

In accordance with Secbon 34-236 (b) of the Cook County Procurement Code, ths CPO shall give a preference of fivepercent of the amount of the Contract to a Responsible and Responsive Veteran owned Business Enterprises (VBEs")or Senrice Disabled Veteran owned Business Enterprises ( SDVBE") certified by the Contract Compliance Director("CCD'), or by any other entity approved by the CCD.

18-14 PUBLIC WORKS

For all Public Works Projects, the Bidder shall comply with Section 34-190 of the Cook County Procurement Code,which requires that Public Works Contracts having an estimated contract price of $100,000 or more, where nototherwise prohibited by Federal or State law, shall have at least 50 percent of the total hours worked on the sile by

employees of the Contractor and subcontractors shall be periormed by residents of the County.

All Bid Proposals for Public Works Construction shall be evaluated to determine, whether the Bidder is responsible, In

accordance with Section 34-145 of the Cook County Procurement Code, In accordance with Section 34-145 the CPOshall determine whether the Bidder: (i) is authorized to do business in illinois and the County; (ii) has, as applicable, aFederal Employer Idenfilication Number or Social Security; (iii~ meets any applicable insurance requirements in the Bid

Document; (iv) has certilied that it is in compliance with all provisions of the fflinois Prevailing Wage Act, and State and

Federal equal employmenl opportunity laws; (v) has cerfffied that it participates in active apprenticeship and training

programs approved and registered with the United States Department of Labor Bureau of Apprenticeship and Training

for each of the trades of work contemplated under ths awarded Contract; (iri) contractually requires any subcontractor toparticipate in active apprenticeship and training programs approved and registered with the United States Department ofLabor Bureau of Apprenbceship and Training for each of the trades of work contemplated under the awarded Contract;and (vii) has agreed to provide Certified payrolls as specilied in the lfiinois Pn'.veiling Wage Act.

IB-15 CONSIDERATION OF BID PROPOSALS

The County resenies the right to reject or accept any or all Bid Proposals, to extend the bidding period, to waive

technicalities in the Bid and/or to withdraw or cancel the Bid or to issue a new Bid, i.e., "rebid" prior to award of theContracf

Affer Bid Proposals are opened and read aloud, they will bs evaluated based on ths price, conformance with

Specifications, ths responsibility of the various Bidders taking into consideration factors induding, but not limited to,those noted in IB-09, IB-10 and responsiveness to the County's Minority and Female Owned Business Ordinance.

The Chief Procurement Officer reserves the right to make corrections, alter receiving the Bids, to any clerical error

apparent on the face of the Bid, including but not limited to obviously incorrect units or misplaced decimal points, orariithmefic errors. In the event that comparison of the Bidder's "Unit Price" and "Total Price" submitted for any line itemsreveals a calculation error, the Unit Price will prevail.

The Chief Procurement Oflicer reserves the right to reject any Bid that, in his or her discretion and authority is deemedmaterially unbalanced.


IB-16 WITHDRAWAL OF BID PROPOSALSBidders may withdraw their Bid Proposals al any time prior to the time specified in the Bid as the date and hour set forthe Bid Opening. However, no Bidder shall withdraw, cancel or modify its Bid Proposal for a period of ninety (90)calendar days afisr said advertised Bid Opening.

IB-17 NOTICE OF AWARD

The Chief Procurement Oflicer shall notify the successful Bidder, in writing, of award of the Contract by the County withinninety (90) days from Ihe Bid Opening date. Upon receipt of the Notice of Award, the Contractor shall promptly secure,execute and deliver to the Chief Procurement Oflicer any documents required herein.

16-19 BID DISPUTES

Secbon 34-136 of the Cook County Procurement Code permits Bidders to file protests. Any Bidder who reasonablybelieves that the recommended Bidder is not the lowest Responsive and Responsible Bidder, or has a complaint aboutthe bid process, may submit a bid protest, in writing, and directed to the CPO, within three business days atter the dateupon which the CPO posts the recommended Bid for award or execution on the County's website. The bid protest mustspecify why the protester believes the recommended Bidder is not the lowest Responsive and Resporisible Bidder, orwhy the protestor believes the bid procedure was unfair, including a statement of how the alleged unfairness prejudicedthe protesting Bidder and the action requested of the CPO. A bid protest based on an issue which could have beenclarified through a request for clarification or information pursuant to Section 34-136(d), and IB-05, Communicabons withthe County regarding competitive bidding process, will not be considered if the protesting Bdder failed to make suchrequest. When a bid protest has been submitted, no further action shall be taken on the Procurement unfil the CPOmakes a decision concerning the bid protest, unless the UNing Agency responds in writing and suMiciently demonstratesthat (i) the item to be procured is urgently required and (ii) failure to make the award promptly will unduly delay deliveryor perlormance or cause other uridue harm.

The CPO shall issue a wrtfien decision on the bid protest to the protesting Bidder and to any other Bidder affected bysuch decision as soon as reasonably practicabls. If the bid protest is upheld based on a lack of fairnsss in ths bidprocedure, the CPO shefi re-bid the procurement. If the CPO determines that the recommended Bidder was notResponsive and Responsible, that Bidder shall be disqualified and the CPO may either recommend the lowestResponsive and Responsible Bidder or re-bid. Any CPO decision concerning bid protests shall be final.

IB-19 PERFORMANCE AND PATMENT BOND

When required in Bid Documents, the successful Bidder shall furnish a Performance and Payment Bond in the full

amount of the Contract on the County Form, a specimen of which shall be provided. The Surety issuing thePerformance and Payment Bond must have a general rating of "A" and shall be a Class Vll or higher in the financial sizecategory as defined by Best's Key Rating Guide-Property and Casualty, or have such ratings as specified in the ContractDocuments.

In'the event that the Bidder falls to furnish the Performance and Payment Bond within fourteen (14) calendar days afierservice of the Notice of Award, the County may elect to retain Bidder's bid deposit as liquidated damages and not as apenalty and reject the Bid. The parties agree that the sum of the bid deposit is a fair estimate of the amount of damagesthat fire County will sustain due to the Bidder's failure to furnish the Performance and Payment Bond and the terminationof the Contract.

IB-20 PRICES FIRM

All prices quoted in the Bid Proposal shall be firm and will not be subject to increase during the term of the Contract,except as otherwise provided in these Contract Documents.


IB-21 CASH BILLING DISCOUNTS

Cash billing or percentage discounts for payment will not be considered in evaluating Bid Proposals.

IB-22 CATALOGS

Each Bidder shall submit in TRIPLICATE. where necessary or when requested catalogs, descriptive literature, anddetailed drawings, fully detailing features, designs, consbuction, appointment and finishes not covered in theSpecNcations but necessary to fully describe ths goods, equipment, supplies or services.

IB-23 AUTHORIZED DEALER/DISTRIBUTOR

For goods, equipment and supplies, the Bidder must be one of the fallowing: (i) the manufacturer; (ii) an authorizeddealer/distriibutor; or (iii) able to promptly secure the necessary genuine parts, assemblies and/or accessories assupplied by the oriiginal equipmsnt manufacturer (O.E.M.), akeg with any necessary schemabcs or drawings to fulfill thscontractual obligations. With respect to the purchase of vehides, or services related to vehicles, the Specifications orSpecial Conditions may require that the Bidder be an authorized dealership of the manufacturer. The Bidder must beable to furnish original product warranty and manufacturer's related services such as product information, product re-cafi

notices, etc. Proof of ability to transfer product warranty to the County is to be submitted with the Bid Proposal.

18-24 TRADE NAMES

in cases where an item is identified by a manufacturer's name, brand name, trade name, catalog number, or reference,it is understood that the Bidder proposes to furnish the item identified and does not propose to furnish an alternate but

equivalent item, unless the Bidder has proposed and the County has accepted the alternate but equivalent item.

Unless the Bid states that no substitute shall be afiowsd, ths reference to s manufacturer's name, brand name, tradename, catalog number, or reference is intended to be descriptive and not restrictive and to indicate to prospectiveBidders articles that shall be satisfactory. Bid Proposals for other manufacturer names, brand names, trade names,catalog numbers or references shall be considered, provided each Bidder states on the face of the Bid Proposal what

alternate, but equivalent items are being proposed.

If the Bidder proposes alternate, but equivalent, Items, the Bidder must provide the following: (i) product identification,

induding manufacturer's name and address; (ii) manufacturer's literature identifying ths product description, referencestandards and performance snd test data; (iii) samples, as applicable; and (iv) itemized comparisons of the proposedalternate items listing significant variations. If a Bidder proposes alternate items, it warrants and represents that in

making a formal request for substitution that: (i) the proposed alternate item is equivalent to or superior in all respects tothe item specified in the Bid; and (ii) that the same warranties and guarantees will be provided for the proposed alternateitems as those specified in the Bid. The CPO may, in his or her sole discretion accept an alternate item for a specifieditem, provided the alternate items so bid is, in ths CPO's sole opinion the equivalent of the item specified in the Bid. An

alternate item that the CPO determines not to be equivalent to the specified item shall render the bid non-responsiveand the CPO shall reject the Bid.

IB-25 SAMPLES

Bidders may be asked upon request of ths Chief Procurement Officer, including subsequent to the Bid Opening, tofurnish and deliver a representative sample sufficient to efiectivsly evaluate each item listed in the Bid Proposal. All

samples must be delivered F.O.B. DESTINATION, FREIGHT PREPAID to an identified delivery location wiihin five (5)business days of the request. Samples submitted must be identical to those specified in the Bid Proposal. Submissionof other than the samples reflected in the Bid Proposal or failure to furnish samples within the required time period shall

bs cause for rejection of the Bid Proposal. All samples are subject to mutilation and will not be returned. Bidders shafi

bear the cost of any samples and shipping or delivery costs related thereto.


IB-26 NOTICES

All communications and notices between the County snd Bidders regarding the Bid Documents shall be in writing andhand delivered or delivered via first class United States mail, postage prepaid, or via s-mall. Notices to ths Bidders shallbe addressed to the name and address provided by the Bidders; notices to the Chief Procuremsnt Officer shall beaddressed to Room 1018, County Building, 118North Clark Skeet, Chicago, illinois 60602.

IB-27 COMPLIANCE WITH LAWS - PUBLIC CONTRACTS

This is a competitive Bid of Cook County government subject to laws and ordinances governing public bids andcontracts. Ths Bidder shall at sll times observe snd comply with all laws, ordinances, regulations and codes of theFederal, State, County and other local government agendas which may in any manner effect the preparation of the BidProposal or the performance of the Contrack If the Bidder observes that any of the Bid Documents are at variance with

any laws, ordinances, regulations or codes, it shall promptly notify the Chief Procurement Officer in writing and if

necessary an addendum shall be issued by the Chief Procurement Officer.

IB-28 COOPERATION WITH INSPECTOR GENERAL

Persons or businesses seeking County contracts are requtml to abide by all of the applicable provisions of the Oflice ofthe Independent Inspector General Ordinarxw (Section 2-281 et. seq. of the Cook County Code of Ordinances). Failureto cooperate as required may result in monetary and/or other penalties.

IB- 29 CREDIT CARD PAYMENTS

The County has implemented a Prompt Payment Program (the "E-Payables Program). Bidders who voluntarily

participate in the Program will receive prompt payments via the County's Visa Purchasing Card. In order toparticipate in the Program, Bidders must submit the E=Payables Enrollment Form to the Cook County ComptrollerisOffice. A description of the Program is attached for informational purposes. Notwithstanding the foregoing, theCounty has no duty or obligation to process prompt payments to Bidders. The County reserves its right todisconbnue the Program at any time. The County will not provide a bid incentive or preference to Bidders whopariicipate in the Program.

IB-30 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE ORDINANCE

Cook County hss adopted the Minority and Women Owned Business Enterprise Ordinance (the "Ordinance" ). TheOrdinance establishes annual participation goals for Minority and Women Owned Business Enterprises. Therequirements of the Ordinance, as well as the documents the Bidder must submit are set forth in GC-19. TheBidder's failure to submit the MBE/VVBE Utilization Plan, as more fully described in GC-19 shall render the Bid non-responsive.

IB-31 COOK COUNTY RECYCLED PRODUCT PROCUREMENT POLICY

Cook County has adopted the Cook County Recycled Product Procurement Policy. In accordance with the Policy,Cook County encourages the use of recyrried paper and paper products, whenever practicable. The Bidder shall userecycled paper, except where the specialized nature of certain materials (such as photographs) requires otherwise,and all documents shall be printed two-sided unless two-sided printing is not practicable.

IB-32 ESTIMATED QUANTITIES

Unless expressly stated in the Specifications, Special CondNbns, or Proposal page(s) any quantities stated in this Bidrepresent estimated usage and as such are for bid canvassing purposes only. The County reserves the right toincrease or decrease quantities ordered. Nothing herein will be construed as an intent or obligation on the part of theCounty to purchase any goods, equipment, supplies or services beyond those determined by ths County to benecessary to meet its needs.END OF SECTIONIB-8


~Scotia

GC-25

GC-26

GC-27

GC-28

GC-29

GC-30

GC-31

GC-32

GC-33

GC-36

GC-37

GC-38

GC-39

GENERAL CONDITIONS

BID CONTRACTSINDEX

~8ub'eat

Termination for Convenience

Guarantees and Warranties

Standard of Contract Goods

Confidengality and Ownership of Documents

Quantities

Audit; Examination of Records

Governing Law

Cooperation with Inspector General

Waiver

Entire Agreement

Force Majeure

Governmental Joint Purchasing Agreement

Comparable Government Procurement

Federal Clauses

Contract Interpretation

GC-1 3

GC-1 3

GC-1 3

GC-1 4

GC-1 4

GC-14

GC-14

GC-1 4

GC-1 5

GC-1 5

GC-1 5

GC-1 5

GC-15/23

GC-24


GENERAL CONDITIONS

GC-01 SUBCONIRACTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDS

Once awarded, this Contract shall not be subcontracted or eny part thereof assigned without the express writtenapproval of the County Chief Procurement Officer ("Chief Procurement Ofgcer"). In no case, however, shall suchapproval relieve the Contractor from his obligations or change the terms of the Contract. The Contractor shall nottransfer or assign any Contract funds or daims due or to become due without the advance wrigan approval of the ChiefProcurement Officer. The unauthorized subcontracting or assignment of the Contract, in whole or in part, or theunauthorized transfer or assignment of any Contract funds, either in whole or in part, or any Interest therein, which shallbe due or ars to become due the Contractor shall have no effect on the County snd are null and void.

The Contractor shall identify any and all contractors and subcontractors it intends to use in the performance of theContract by completing the Identificalion of Subcontrador/Supplier/Subconsultant Form ("ISP). All such persons shallbe subject to the prior approval of the County. Ths Contractor will only subcontract with competent and responsibleSubcontractors. The Chief Procurement Dltlcer may require in his or her sole discretion, that the Contractor providecopies of all contracts with subcontractom.

The Contractor and ils employees, contractors, subcontrarriors, agents and representatives sne, for all purposes arisingout of this Coatrack independent contractors and are not employees of the County. It is expressly understood andagmsd that the Contmctor and its employees, contractors, subcontractors, agents snd representatives shall in no eventas a result of a contract be entitled to any benefit to which County employees are entitled, including, but not limited to,overtime, retirement bene/lts, worker's compensation berwllts and injury leave or other leave benefits.

GC-02 INDEMNIFICATION

The Contractor covenants and agrees to indemnify and save harmless the County and its commissioners, oMcials,employees, agents and representatives, and their respecgve heirs, successors and assigns, from and against anyand all costs, expenses, attorney's fees, losses, damages and liablgties incuned or suffered directly or Indirectly fromor atMbutable to any claims arising out of or incident to the performance or nonperformance of the Contract by theContractor, or the acts or omissions of the officer, agents, employees, contractors, subcontractors, licensees orinvitees of the Contractor. The Contractor expressly understands and agrees that any Performance Bond orinsurance protection required of the Contractor, or otherwise provided by the Contractor, shall in no way limit theresponsibility to indemnify the County as hereinabove provided.

GC4L3 INSPECTION AND RESPONSIBILITY

The County shall hers a right to inspect and approve any Contract goods, equipment, supplies or services used incarrying out this Contract and shall approve the quality and standards of all materials or compkried work furnished underthis Contract. Contract goods, equipmenl, supplies or services not complying herewith may be rejected by the ChiefProcursmsnt Oiticer and/or the Director and shall be replaced snd/or re-performed by the Contractor at no cost to theCounty. Any Contract goods, equipment or supplies rejected shall be removed within s reasonable time from thepremises of the County at the entire expense of the Contractor, after nogce has been given by the County to thsContractor that such Contract goods, equipment or supplies have been rejected.

GO04 PAYMENT TO CONTRACTORS AND SUBCONTRACTORS

Ag invoices submilted by the Contractor shall be in accordance with the cost provisions contained In the ContractDocuments and shall contain 0 detailed description of the Dellverables (I.e., the goods, equipment, supplies or services)including the quanrity of the Deliverables, for which payment is requested. A0 invoices for services shell Include itemizedenaies indicating the date or time period in which the services were provided, the amount of Sime spent performing theservices, and a detaikxl description of ihe services providrxt during the period of the invoice. Ag invoices shall regect theamounts invoiced by and the amounts paid to the Contractor as of the date of the invoice. Invoices for new chargesshall not include "past due" amounts, if any, which amounts must be set forth on a separate invoice. Contra@or shallnot be entitled to invoice the County for any late fees or other penalties.

GC-1 3/2015


GENERAL CONDITIONS

GC44 PAYMENT TO CONTRACTORS AND SUBCONTRACTORS Icon'LI

In accordance wigt Section 34.177 of ths Cook County Procurement Code, the County shall have a right to set olf andsubtract from any invoics(s) or Contract price, a sum squat to any fines and penalties, including interest, for any tax orfee delinquency snd any debt or obligation owed by the Contractor to the County.

The Contractor acknowledges its duty to ensure the accuracy of all invoices submitted to the County for payment. Bysubmitting the Invoices, the Contractor certifies that all itemized entries set forth in the Invoices are true and correct ThsContractor acknowledges that by submitting the Invoices, it certifie that it has delivered the Dsliverables, I.e., ths goods,supplies or equipment set forth In the Contract to the Using Agency, or that it has properly performed the services setforth in the Contract. The invoice must also reflect the dates and amount of time expended in the provision of servicesunder the Contract The Contmctcr acknowledges that any inaccurate statements or negligent or intenlonalmisrepresentations in the invoices shall result in the County exercising ag remedies available to it in law and equityinduding, but not limited to, a delay in payment or non-payment to ths Contractor, and rsporgng the matter to ths CookCounty Office of the Independent Inspector General.

When a Contractor receives any payment from the County for any supplies, equipment, goods, or services, it hasprovided to the County pursuant to ils Contract, the Contractor must make payment to ils subcontractors within 15days after receipt of payment from the County, provided that such subcontractor has sagsfactoriily provided thesupplies, equipment, goods or services in accordance with the Contract and provided the Contractor with ag of thsdocuments and information required of the Contractor. The Contractor may delay or postpone payment to asubcontractor when ths subcontractor's supplies, equipment, goods, or services do not comply with the requirementsof the Contract, the Contractor is acfing in good faith, and not in retaliation for a subcontractor exercising legal orcontractual rights.

GC4I5 PREPAID FEES

In the event this Contract Is terminated by either party, for cause or otherwiss, and the County has prepakl for anygoods, squipmsnt, supplies or services to be provided pursuant to this Contract, Contractor shall refund to the County,on a prorated basis to the effective dale of termination, all amounts prepaid for such goods, equipment, supplies orservices riot actually provided as a result of the terminabon. The refund shall be made within fourteen (14) days of theelfective date of termination.

GC4I6 TAXES

Federal Excise Tsx does not apply to materials purchased by the County by virtue of Exemption Certificate No, 36-75-0038K. Illinois Retagers'ccupation Tax, Use Tax and Municipal Retailers'ccupation Tax do not apply to materials orservices purchased by the County by virtue of statute. The price or prices quoted herein shall include any and all otherfederal and/or stats, direct and/or indirect taxes which apply to this ContrscL The County's State of illinois Sales TaxExemption Identiflcagon No. Is E-9998-2013-07.

GC4I7 PRICE REDUCTION

If at any time after the Contract award, Contractor makes a general price reduction in the price of any goods, equipment,supplies or services covered by the Contract, the equivalent price reduction based on similar quantities and/orconsiderations shall bs applied to this Contract for the term of the Contract. Such price reductions shall bs attestive atthe same time snd in the same manner as ths reduction in the price to customers generally,

GC4IS CONTRACTOR CREDITS

To the extent the Contractor gives credits toward future purchases from its gnancial incentives, discounts, value points orother benefits based on the purchase cf the goods, equipment, supplies or services provided for under this Comract,such credits belong to the County and not any spsciilc Using Agency. Contractor shall report any such credits to theChief Procuremsnt Ofgcer.

GC-2 3/2015

GENERAL CONDITIONS


GC09 DISPUTES

Any dispute arising under the Contract between the County and Contractor shall be decided by the Chief ProcuremsntOfficer. The complaining party shall submit a written statement detailing the dispute and soecifvino the soecific relevantContract orovisionfsi to the Chief Pnocurement Officer. Upon request of the Chief Procurement Officer, the partycomplained against shall respond to the complaint in wriTing within five days of such request. The Chief ProcurementOificer will reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor and Director.Dispute resolution as provided herein shall bs a condtgon precedent to sny other action st law or in equity.Notwithstanding s dispute, Contractor shall continue to discharge all Its obligations, duties and responsibilities set forth inthe Contract during any dispute resolution proceeding unless otherwise agreed to by the County in writing.

GC-10 CONTRACT AMENDMENTS

Ths parties msy during the term of the Contract make amendments to the Contract but only as provided in thissscgon. Such smendmsnts shall only be made by mutual agreement In writing.

In the case of Contracts not appmved by the Board, the Chief Procurement Officer may amend a contract providedthat any such amendment does not extend the Contract by more than one (1)year, and further provided that the totalcost of all such amendments does not increase the total amount of the Contract beyond $150,000. Such action mayonly be made with the advance written approval of the Chief Procurement Officer. If the amendment extends theContract beyond one (1)year or increases the total award amount beyond $150,000, then Board approval will berequired.

No Using Agency or employee thereof has authodity to make any amendments to the Contract. Any modifications oramendments to the Contract made without the express written approval of the Chief Procurement Officer is void andunenforceabls.

Contractor is hereby notified that, except for amendments which are made in accordance with this GC-10ModNcatlons and Amendments, no Using Agency or employee thereof has authority to make any modification oramendment to the Contract.

GC-11 DEFAULT

Contractor shall be in default hereunder in the event of s material breach by Contractor of any term or condition of thisContract where Contractor hss failed to cure such breach within ten (10) days after written notice of breach is given toContractor by ths County, setting forth the nature of such breach.

A material breach of the contract by the Contractor indudes but is not limited to the following:

1. Failure to begin performance under the Contract within the specified time;

2. Failure to perform under the Contract with sufgctent personnel, equipment, or materials to ensure completionof said performance within the specified time or failure to assign qualified personnel to ensure completionwithin the specified time;

3. Performance of the Contract in an unsatisfactory manner;

4. Refusal to perform services deemed to be defective or unsuitable;

5. Discontinuance of performance of Contractor's obligations under the Contract or the impairment or thereasonable progress of performance;

6. Becoming insolvent, being dedared bankrupt or committing any act of bankruptcy or insolvency;

7. Any assignment of the Contract for the benefit of cmdltors;

GC-3 3I2015


GENERAL CONDITIONS

GC-11 DEFAULT icon't.i

8. Any cause whatsoever which impaim performance in an acceptable manner; or

9. Any other matedal breach of any term or condition of the Contract.

County shall be in default hereunder if any matedal breach of the Contract by the County occurs which is not cured bythe County within forty-five (45) days alter written notice of breach has been given by Contractor to the County, setlingforth the nature of such breach.

GC-12 COUNTY'S REMEDIES

If the Contractor fails to remedy a material breach during the ten (10) day cure period pursuant to General Condition GC-11, Default, the County shall have ths right to terminate the Contract provided, however, that the County shall giveContractor prior written notice of Its intent to terminate. Following notice of breach to Contractor, ths Counbr reservesthe right to withhold payments owed to Contractor until such time as Contractor has cured the breach which is thesubject matter of the notice. In addition, the County shall have the right to pursue all remedies in law or equity.

GC-13 CONTRACTOR'S REMEDIES

If the County has been notilled of breach and fails to remedy the breach during the forly-five (45) day cure periodpursuant to General Condition GC-11, Default, the Contractor shall have ths dght to terminate this Contract providing,however, that Contractor shall give the County thirty (30)days prior written notice of termination.

Contractor shall have the right to pursue all remedies available in law or equity. In all cases the Contractor's damagesshall be those provable damages not to exceed the value of the Contract as awarded by the Cook County Boanl ofCommissioners or the Chief Pmcurement Office.

GC 14 DELAYS

Contractor agrees that no charges or claims fcr damages shall be made by Contractor for any delays or hindrances fromany cause whatsoever related to the performance of the Contract.

GC-15 INSURANCE REQUIREMENTS

Waiver of Subroosdon

All insurance policies shall contain a Waiver of Subrogation Endorsement in favor of Cook County.

Insurance Reouirements of the Contractor

No later than the effective date of this Contract, the Contractor, at Its cost, shall secure and maintain at all times,unless specified othenvise, until complsgon of the term of this Contract the insurance specified below.

3I2015

CONTRACT NO, 1545-14489

GENERAL CONDITIONS

GC-15 INSURANCE REGUIREMENTS Icon't.l

Nothing contained in these insurance requirements Is to be construed as limiting the extent of the Contractor'sresponsibility for payment of damages resulting from its performance of this Contract. The insurance purchased andmaintained by the Contractor shall be primary and not excess or pro rata to any other insurance issued to the County

Contractor shall require all subcontractors to provide the insurance required in this Contrack or Contractor mayprovide the coverages for the subcontradors. All subcontractors are subject to the same insurance requlrsmerds asContractor except paragraph (d) Excess Liability or unless specified otherwiss. The Cook County Department of RiskManagement maintains the right to modify, delete, alter or change these requirements.

Covsrages

(a) Workers Comoensation insurance

Workers'ompensabon shall be In accordance with ths laws of the State of illinois or any otherapplicable jurisdiction.

The Workers Compensation policy shall also include the following provisions:

Employers'iability coverage with a limit of

$500,000 each Accident

$500,000 each Employee

$500,000 Policy Limit for Disease

(b) Commercial General Liabilitv Insurance

The Commercial General Liability shall be on an occurrence form basis to cover bodily Injury andproperty damage induding loss of use.

The General Liability limits shall not be less than $1,000,000 psr occurrence and $2,000,000aggregate combined single limit for bodily injury and property damage. The General Liability policyshall include, without limitation the following coverages:

(1) All premises and operations;

(2) Contractual Liability;

(3) Products/Completed Operations;

(4) Severability of interest/separation of insureds tfause.

(c) Automobile Llabllltv Insurance

When any vehicles are used in the performance of the Contract, Contractor shall secureAutomobile Liability Insurance to cover all owned, non-owned and hired automobiles, trucks andtrailers. The limits of liability shall not be less than the following:

(1) Liability - All Autos: Bodily Injury & Property Damage - $1,000,000 per Occurrence

(2) Uninsured/Motorists: Per illinois Requirements

3/2015


GENERAL CONDITIONS

GC-15 INSURANCE REQUIREMENTS icon't.i

(d) UmbrsfialExcess Llabllltv Insurance

In addition to the covsrages and limits specified above, Contractor shall secure and maintain a limit

of liability no less than $1,000,000 each occurrence for afi liability.

2. Additional requirements

(a) Addifionsl Insured

Cook County, its oificiats, employees and agents shall be named as additional insureds under theCommercial General Liability policy and Automobile Liability policy. Contractor's insurance shall beprimary and non-contributory with any insurance maintained by Cook County. Any insurance orself-Insuranos maintained by Cook County shall be excess of the Contractor's insurance and shall

not contribute with it. The full policy limits and scope of protection shall apply to Cook County as anaddifional insured even if they exceed the minimum insurance limits specNed above.

(b) Qualification of Insumrs

All insurance companies providing coverage shall be ficsnsed or approved by the Department ofInsurance, Stats of fflinols, and shall have a financial rating no lower than (A-) Vll as listed in A.M.Beefs Key Rating Guide, current edition or interim reporL Companies with ratings lower than (A-)Vff will be acceptable only upon written consent of the Cook County Department of Risk

Management.

(c) )gsurancs Notices

All policies of insurance which may be required under terms of this Contract shall be endorsed toprovide that the insurance company shafi notify the Cook County Office of the Chief Procurement

Olffcer, 118North Clark Street, Room 1018, Chicago, filinois 60602 at least 30 days prior to theaffective date of any cancellation or modification of such policies. Prior to the date on which

Contractor commences performance of its part of the work, Contractor shall furnish to the County

certtficates of insurance maintained by Contractor.

In no event shall sny failure of ths County to receive Certificates of Insurance mqulred hereof or todemand receipt of such Certificates of Insurance be construed as a waiver of Contractor's

obligations to obtain insurance pursuant to these insurance requirements.

GC-16 PATENTS. COPYRIGHTS AND LICENSES

Contractor agrees to hold harmless and indemnffy the County, Its offlclrfis, agents, employees snd affiliates from anddefend, as permitted by filinois Iaw, at its own expense (Induding reasonable attorneys', accountants'nd

consultants'ees),

any suit or proceeding brought agMinst County based upon a claim that the ownership and/or use of equipment,

hardware and software or any part themof utilized in pwforming Contractor's services constitutes'an infringement cf any

patent, copyright or license or any other intellectual property right.

in ths event the use of any equlpmsnt, hardware or software or any pert thereof is en)oined, Contractor wfih afi

reasonable speed and due diligencs shall provide or otherwkrs secure for County. at the Contractor's election, one of thefollowing: the riight to continue use of the equipment, hardware or solbvare; an equivalent system having theSpeciTications as pmvided in this Contrack or to modify the system or its component parle so that it becomes non-

infringlng while performing in a substangalty similar manner to the oriiginal system, meeting the Specifications of thisContract.

3I2015


GENERAL CONDITIONS

GC-17 COMPLIANCE WITH LAWS

The Contractor shall observe and comply with the laws, ordinances, regulations and codes of ths Federal, State, Countyand other local government agencies which may in any manner alfect the performance of the Contract, including but notlimited to those County Ordinances set forth in the CeNTicagons, Affidavits or EDS attached hereto and incorporatedherein. Assurance of compliance with this requirement by the Contractor's employees, agents or subcontractors shallbs the responsibility of ths Contractor.

The Contractor shall secure and pay for all federal, state and local licenses, permits and fees required In order toperform this ContrscL

GC-18 DELIVERY

All Contract goods, equipment or supplies shipped to ths County shall be shipped F.O.S., DESTINATION, FREIGHTPREPAID. Arrangements shall be made in advance by the Contractor In order that ths County may arrange for receipt ofthe materials.

Truck deliveries will be accepted before 3:00 P.M. on weekdays only. No deliveries will be mxepted on Saturdays,Sundays or County Holidays. The County is not responsible for delivery delays due to waiTing times for loading andunloading at delivery locations.

Ths quantity of Contract goods, equipment or supplies based on weight that are delivered by truck will be ascertainedfrom a weight certigcate Issued by a duly licensed Public Weight-Master. In ths case of delivery by rail, weight will bsascerlained from bill of lading from originating line, but the County reserves the right to re-weigh at the nearest availablersqroad scale.

The County reserves the right to add new delivery locagons or delete previously listed delivery locations as requiredduring the Contract period. The only restrictio regarding the County's right to add new delivsiy locations shall be thatany new or additional location shall be within the geographical boundaries of the County of Cook.

GC-19 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-260 to SECTION 34000

POLICY AND GOALS

A. It is the policy of the County of Cook to prevent discrimination in the award of or participation in CountyContracts and to eliminate arbitrary barriers for participation in such Contracts by local businesses certifiedas a Minority Business Enterpris (MBE) and Women-owned Business Enterprise (WBE) as both prime andsub-contractors. In furtherance of this policy, the Cook County Board of Commissioners has adopted aMinority- and Women-owned Business Enterprise Ordinance (the "Ordinance" ) which establishes annualgoals for MBE and WBE participation as outlined below:

Contract Type

Goods and Services

Construction

Professional Services

MBE

25%24%

Goals

35% Overall

WBE10%10%

3I2015


GENERAL CONDITIONS

GC-10 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DII/ISION 8 SECTION 34 260 to SECTION 34 300 icon't I

The County shall set conbact-specific goals, based on the avagability of MBEs and WBEs that arecertiTied to provide commodities or services specified in this solicitation document. The IIIBE/WBE

particlpafion goals for each Contract are stated in the Special Conditions. A Bid, Quotation, orProposal shall be rejected if the County determines that it fails to comply with this General Condition in any

way, induding but not limited to: (I) failing to state an enforceable commitment to achieve for this contractthe Idsntiged MBE/WBE Contract goals; or (li) failing to Include s Petition for Reducgon/Waiver, which statesthat the goals for MBE/WBE participation are not attainable despite the Bidder or Proposer Good Faith

Efforts, and explains why. if a Bid, Quotation, or Proposal is rejected, then a new Bid, Quotation, or Proposalmay be solicited if the public interest is served thereby.

To the extent that s Bid, Quotation, or Proposal includes s Petlgon for Reduction/Waiver that is approved by

the Office of Contract Compliance, the Contract specific MBE and WBE participagon goals may be achieved

by the pmposed Bidder or Pmposer's status as an MBE or WBE; by the Bidder or Proposer's enforceable

joint-venture agreement with one or more MBEs and/or WBEs; by the Bidder or Pmpossr entering into oneor more enforceable subcontracting agreements with one or more MBE and WBE; by the Bidder or Proposerestablishing and carrying out sn enforceable mentor/protkgg agreement with one or more MBE and WBE;by the Bidder or Proposer actively engaging the Indirect Participagon of ons or mors MBE and WBE in other

aspects of its business; or by any combination of the foregoing, so long as the Utilizatlon Plan evidences acommitmsnt to meet the MBE snd wBE contract goals set forth in (B) above, as approved by the ogtcs ofContract Compliance.

D. A single Person, as defined in the Procurement Code, may not be utilized as both an MBE and a WBE on

the same Contract, whether ss a contractor, subcontractor or supplier.

E. Unless specifically waived in the Bid or Proposal Documents, this General Condition, GC-19; ths Ordinance;and the policies and procedures promulgated thereunder shall govern. If there is a conflict between this GC-

19and the Ordinance or the policies and procedures, the Ordinance shall control.

A Contractor's failure to carry out its commitment regarding MBE and WBE participation in the course of theContract's performance may constitute a material breach of the Contract. If such breach Is not appropriatelcured, It msy result In withholding of payments under the Contract, contractual penalties, disquallf/cagon and

any other remedy provided for in Division 4 of ths Procurement Code at law or in equity.

II. REQUIRED BID OR PROPOSAL SUBMITTALS

A Bidder or Proposer shall document its commltmsnt to meeting ths Contract specific MBE and WBE pargtXpation

goals by submitting a Utilization Plan with the Bid or Proposal. The Uglizatlon Plan shall induds (1) one or more

Letter(s) of Intent from the relevant MBE end WBE firms: and (2) current Letters of Certification as an MBE or WBE,

Alternatively, the Bidder or Proposer shall submit (I ) a written Petition for Reduction/Waiver with the Bid, Quotation or

Pmpossl, which documents its preceding Good Faith Efforts and an explanation of its insbITtty to meet the goals for

MBE and WBE participation. The Utilization Plan shall be submitted at the time that the bid or proposal is due.Failure to Include a Utglzatlon Plan will render the submission not Responsive and shall be cause for theCPO to mject the Bid or Proposal,

3/2015

CONTRACT NO, 1545-14489

GENERAL CONDITIONS

GC-19 MINORITY ANO WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-200 to SECTION 34Q00 Icon't.i

MBEIWBE Wilizstion Plan

Each Bid or Proposal shall indude a complete Utilization Plan, as sst forth on Form 1 of the M/WBE

Compliance Forms. Ths Utilization Plan shall include the name(s), mailing address, email address, andtelephone number of the principal contact person of ths relevant MBE and WBE firms. If the Bidder orProposer submits a Bid or Proposal, and any of their subcontractors, suppliers or consultants, ars certifiedMBE or WBE firms, they shall be identified as an M BE or WBE within the Utilization Plan.

1. Letter/sl of Intent

Except as sel forth below, e Sd or Proposal shall Indude, as pert of the Utilizagon Plan, one or moreLetter(s) of Intent, as set forth on Form 2 of ths M/WBE Compliance Forms, executed by each MBE andWBE and.the Bidder or Proposer. The Letter(s) of Intent will be used to confirm that each MBE and WBEshall perform work as a sulxxintractor, supplier, joint venture, or consultant on the Contract. Each Letter ofIntent shall indicate whether and the degree to which the MBE or WBE will provide goods or services directly

or indirectly during the term of the Contract. The box for direct paigclpstion shall be marked if the pmposedMBE or WBE will provide goods or services dlrscgy related to ths scope of ths Contract. Ths box for Indirect

participation shall be marked if the proposed MBE or WBE will not bs directly Involved in the Contract but

will be utilized by ths Bidder or Proposer for other services not related to ths Contract. Indirect Participationshall not be counted toward the participation goal. Each Letter of Intent shall accumtely detail the work to beperformed by the relevant MBE or WBE firm, the agreed dollar amount, the percentage of work, and theterms of payment.

Failure to include Letter(s) of Intent will render ths submission not Responsive and shel'I be causefor the CPO to reject ths Bid or Proposal.

All Bids and Proposals must conform to the commitments made in the corresponding Letter(s) of Intent, asmay be amended through change orders.

The Contract Compliance Director may st any time request supplemental information regarding Letter(s) ofIntent, and such information shall bs furnished if the corresponding Bid or Proposal is to be deemedresponsive.

2. Letter/sl of Certification

Only current Letter(s) of Cerggcation from one of the following entitles may bs accepted as proof ofcertification for MBE/WBE status, provided that Cook County's requirements for cerggcstlon are met:

~ County of Cook

~ City of Chicago

Persons that are currently certiffsd by the City of Chicago in any area other then Construction/Public Workssliall also complete and submit 0 MBE/WBE Rsdprocal Certification Affidavit along with s current letter ofcertification from the City of Chicago. This Affidavit form can be downloaded from

www.cookcountvil.oov/contrectcomoliance.

The Contrars Compliance Director may reject ths certification of any MBE or WBE on the ground that It doesnot meet the requirements of ths Ordinance, or the policies and rules promulgated thereunder.

GC-9 3/2015


GENERAL CONDITIONS

GC-10 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-280 to SECTION 34300 icon't.i

3. Joint Venture Affidavit

In the event a Bid or Proposal achieves MBE and/or WBE participafion through a Joint Venture, the Bid orProposal shall include the required Joint Venture Affidavit, which can bs downloaded fromwww.cookcountvil.cov/contractcomoliance, The Joint Venture Affidavit shall be submitted with ths Bid orProposal, along with current Letter(s) of Certiflcalion.

Petition for Reduction/Waiver

In the events Bid or Proposal does not meet the Contract speUTic goals for MBE and WBE participation, theBid or Proposal shafi include a Petition for Reduction/Waiver, as set forth on Form 3. Ths Petition forReduction/Waiver shall bs supported by sufficient evidence and documentation to demonstrate ths Bidder orProposer's Good Faith Efforts in attempting to achieve the applicabls MBE and WBE goals, snd its insbifityto do so despite its Good Faith Efforts.

Failure to include Petition for Reduction/Waiver will render the submission not Responsive and shallbe cause for the CPO to reject the Bid or Proposal.

gl. REDUCTION/WAIVER OF MBE/WBE GOALS

Grantinc or Denvinc a Reduction/Waiver Reouest.

1. The adequacy of the Good Faith Efforts to utilize MBE and WBE firms In a Bid or Proposal wfil beevaluated by the CCD under such condifions as are set forth in ths Ordinance, the policies and rulespromulgated thereunder, and in the "PstiTion for Reduction/Waiver of MBE/WBE Participation Goals"—Form 3of the M/WBE Compliance Forms.

2. With respect to a Petition for Reduction/Waiver, the sufficiency or insufficiency of a Bidder or Propose VsGood Faith Efforts shall be evaluated by the CCD as of the date upon which the corresponding Bid orProposal was due.

3. The Contract Compfiance Director or his or hsr duly authorized Waiver Committee may grant or denythe PetiTion for Reduction/Waiver based upon factors including but not limited to: (a) whether sufficientqualified MBE and WBE firms are unavailable despite good faith efforts on the part of the Bidder orProposer; (b) the degree to which specifications and the reasonable and necessary requirements forperforming the Contract make It Impossible or economically infeasible to divide the Contract intosuffldenfiy small tasks or quantities so as to enable the Bidder or Proposer to utlfize MBE and WBEfirms in accordance with ths applicabls goals: (c) the degree to which ths prices or prices required byany potential MBE or WBE are more that 10% above competitive levels; and (d) such other factors asare determined relevant by the Contract Compliance Director or the duly authorized Waiver Committee.

4. If the Contract Compliance Director or the duly authorized Waiver Committee determines that theBidder or Proposer has not demonstrated sufficient Good Faith Efforts to meet the applicable MBE andWBE goals, the Contract Compliance Director or the duly authorized Waiver Committee may deny aPetition for Reduction/Waiver, declare the Bid or Proposal non-responsive, and recommend rejecfion ofthe Bid, Quotation, or Proposal.

GC-10 3/2015


GENERAL CONDITIONS

GC-1$ MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 6 SECTION 34-260 to SECTION 34-300 Icon't.l

IV. CHANGES IN CONTRACTOR'S UTILIZATION PLAN

A Contractor, during its performance of the Contract, may not change the original MBE or WBEcommitments specified in the relevant Utiliza6on Plan, including but not limited Io, terminating a MBE orWBE Contract, reducing ths scope of the work to be performed by a MBE/WBE, or decreasing the price to aMBE/WBE, except as otherwise provided by the Ordinance snd according to ths pollclss and procedurespromulgated thereunder.

B. Where a Fsmon listed under the Contract was previously considered to be a MBE or WBE but is later foundnot to be, or work is found not to be creditable toward the MBE or WBE goals as stated in the Uglization

Plan, the Contractor shall seek to discharge ths disqualified enterprise, upon paper written notigcagon tothe Contract Compliance Director, and make every sffort to idengfy and engage s qualified MBE or WBE ssIts replacement. Failure to obtain an MBE or WBE replacement within 30 business days of the ContractCompliance Director's written approval of the removal of a purported MBE or WBE may result in thetermination of the Contract or the imposition of such remedy authorized by the Ordinance, unless s written

Petition for Reduction/Waiver is granted allowing the Contractor to award the work to a Person that is notcertified as sn MBE or WBE.

V. NON.COMPLIANCE

If the CCD determines that the Contractor hss failed M comply with its contractual commitments or any portion of theOrdinance, the policies and procedures promulgated thereunder, or this GC-19, the Contract Compliance Directorshall notify the Contractor of such determination and may take any and all appropriate acbons as set forth in theOrdinance or the polidss snd procedures promulgated thereunder which indudss but is not limited to disqusl%catlon,

penalties, withholding of payments or other remedies in law or equity.

VL REPORTING/RECORD-KEEPING REQUIREMENTS

The Contractor shall comply with the reporting snd record-keeping requirements in ths manner and time established

by the Ordinance, the pollciss and procedure promulgated thereunder, snd the Contract Compliance Director.Failure to comply with such reporting and record-keeping requirements may result In a dedarstion of Contract default.

Upon award of s Contract, a Contractor shall acquire and utilize all Cook County reporling and record-keeping forms

and methods which are made available by the Office of Contract Compliance. MBE and WBE firms shall be required

to verify payments made by and received from the prime contractor.

VS. EQUAL EISPLOYMENT OPPORTUNITY

Compliance with MBE and WBE requirements will not diminish or supplant other legal Equal Employment Opportunity

and Civil Rights requirements that relate to contractor and subcontractor obligations.

Any questions regarding this section should be directed to:

Contract Compliance Director

Cook County

116North Clark Street, Room 1020Chicago, illinois 60602(312)603-5502

GC-1 1 3/2015


GENERAL CONDITIONS

GC-20 MATERIAL DATA SAFETY SHEET

Where required under ths fifinols "Toxic Substance Disckeure to Employees Act", illinois Complied Statutes, 820 ILCS255/1, Contractor shall submit with each delivery of Contract goods, equipment or supplies a Material Safety DataSheet.

GC-21 CONDUCT OF THE CONTRACTOR

The Contractor agrees to Inform ths County on a timely basis of afi of the Contractor's interests, if any, which are orwhich ths Contractor reasonably believes may be Incompatible with any interest of the County. The Contractor shalltake notice of and comply with the Cook County Lobbyist Registration Ordinance, Section 2-621 et al., Cook CountyCode. The Contmctor shall not use for personal gain or make other improper use of pmiileged information which isacquired in connecbon with the ContracL

GC 22 ACCIDENT REPORTS

The Chief Procurement Officer and Director shall be given wriiten notification within twenty-four (24) hours of anyoccurrence, on the site or otherwise, which pertains in any way to the performance of this Contract and invohres theContractor's psmonnel, or those of any of his sub cont rumors or others whether said occurrence be in the nature of bodilyinjury to employees or third parties or property damage.

Ths report shall Include the name of person(s) Injured, name of his employer, date, time and location of occurrence,extent of injury and/or damage, name(s) of eyewitnesses, and who treated the person(s) for injuries sustained, and suchother information as may be relevant. The Contractor shall notify the local police of any occurrence requiring an officialpolice record. The accident report shoukl indicate whether the police were notified and, if so, the number of the policereport.

GC-23 USE OF PREMISES

Contractor shall confer with the Director to ascertain full knowledge of afi rules and regulations of the County facilitiesralabve to this Contract and shall comply therewith. The Contractor shall confine the operations of its employees to thelimits indicated by laws, ordinances, permits and/or direcfion of the Director and shall not encumber the premises withmaterials or debris. The Contractor shall not load or permit any part of ths structure to be loaded with a weight that willendanger its structuml integribr.

Ths County reserves the right to prohibit any pemon from entering any County fadlity for any reason. Allsubcontractors, agents and employees of the Contrarrior shall be accountable to the Director while on any Countyproperty and shall abide by all security regulations imposed by the County.

GC-24 GENERAL NOTICE

Afi notices required pursuant to this Contract shall be in writing and addressed to ths parties at their respectiveaddresses set forth below. All such notices shall be deemed duly given if hand delivered or if deposited in the UnitedSales mail, registered or ceriified, mtum receipt requested. Notice as provided herein does not waive service ofsummons or process.

TO THE COUNTY:

Chief Procuremsnt Officer

County of CookRoom 1018County Building

118North Clark StreetChicago, filinois 60602

(Reference County Contract Number)

GC-12 3/2015


GENERAL CONDITIONS

GC-24 GENERAL NOTICE Icon't.t

TO THE CONTRACTOR:

At address provided in its bid document or as otherwise indicated in writing to County.

GC-25 TERMINATION FOR CONVENIENCE

The County may terminate this Contract, or any poiffon, at any time by notice in writing from the County to theContractor. Unless otherwise stated in the notice, the effective date of such termination shall bs three business daysalter the date the notice of termination is mailed by the County. If the County elects to terminate the Contract in full,unless otherwise specilied in the notice of termination, the Contractor shall immediately cease performance and shallpmmptly tender to the County a5 work products, reviews, recommendations, reports, documents and analyses. whethercompleted or in process. If the County elects to terminate the Contract in part, unless otherwise spsciiled In the noffce ofpartial termination, the Contractor shag immediately cease performance of those portions of the Contract whMh areterminated and shall promptly tender to the County a5 work products, reviews, recommendations, reports, documentsand analyses relating to said portions of the Contract, whether completed or in process. Contractor shall refrain fromincumng any furlher costs with respect to portions of the Contract which are terminated except as specifically approvedby the Chief Procurement Officer. Ths Contractor shall not invoice the County for any goods, equipment, supplies orservices provided alter the effective date of termination.

GC 25 GUARANTEES AND WARRANTIES

Unless otherwise stakxd herein, a5 guarantees and warranfies required shall befurnishsd by the Contractor and shall bedel'wered to the Diredor before final payment on the Contract is issued. 1hs Contractor agrees that the Contract goods,equipment, supplies or services to be famished shall be covered by the most favorable commercial warrarnies theContractor gives to any customer for the same or substantially simkar Contrad goods, equipment, supplies or servicesand that the rights and remedies so provklsd are in addltke to and do not limit any rights afforded to County.

GC-27 STANDARD OF CONTRACT GOODS. EQUIPMENT OR SUPPLIES

Only nsw, originally manufactured Conkact goods, equipment or supplies wiff be accepted by the County. The Countywill not accept any Contract goods, equipment or supplies that have been refurbished, rebuilt, restored or renovated inany manner. In addiffon, experimental materials will not be acceptable. Contract goods, equipment or supplies notpmduced by regular production methods snd/or which have not been offered for sale to the publlo through acceptedindustry trade chsnnffs for a reasonable period of ffme prior to ths offering of the proposal, will be consideredexperimental.

GC-28 CONFIDENTIAUTY AND OWNERSHIP OF DOCUMENTS

Contractor acknowledges and agrees that information regarding this Contract is confidential snd shall not bs disclosed,dirscgy, Indirectly or by implication, or be used by Contractor in any way, whether during ths term of this Contract or atany time thereafter, except solely as required in the course of Contractor's performance of the Contract, Contractor shallcomply with the applicabis privacy laws and regulations alfecting the Counly and will not disdose any of County'sreconls, materials, or other data to any third party. Contractor shall not have the right to compile and distribute sbtffsticalanalyses and reports uffiizing data derived from information or data obtained from County without the prior writtenapproval of County. In the event such approval Is given, any such reports published and distributed by Contractor shallbe furnished to County without charge.

All documents, data, studies, reports, work product or product created as a result of the performance of this Contractshall be the property of the County of Cook. It shall be a bmsch of this Contract for the Contractor to reproduce or use,any documents, data, studies, report, work product or product obtained from the County of Cook or created hereby for itsown purposes or to bs copied and used by any third party. During the performance of the services herein provided for,the Contractor shall be responsible of any loss or damage to the County's documents while they am in the Contractor'spossession, and any such document lost or damaged shall be isstored at ths expense of the Contractor.

GC-13 3I2015


GENERAL CONDITIONS

GC-29 QUANTITIES

The quantities of materials required for the performance of the Contract are estimates for the purpose of determining anapproximate total Contract amount and may not be the actual quantities required during the term of the ContracL TheCounty reserves the right to increase or decrease the quanfities at the Conbact price, to correspond to the actual needsof the County. The County will be obligated to order and pay for only such quantities as are from time to time ordered,delivered, and accepted on purchase orders issued by ths Chief Procurement Officer.

GC30 AUDIT: EXASNNATION OF RECORDS

The Contractor agrees that the Cook County Auditor or any of its duly authorized representatives shall, until expirabon ofthree (3) years after fite final payment under the Contrack have access and the right to examine any books, documents,papers, canceled checks, bank statements, purveyor's and other invoices, and records of the Contractor related to theContract, or to Contra@or's compfiance with any term, condition or provision thereof. The Contractor shall beresponsible for establishing and maintaining records suffickmt to document the costs associated with per/ormance underthe terms of this ContracL

The Contractor further agrees that it shall include in all of its subcontracW hereunder a provision to the effect that thesubcontractor agrees that the Cook County Auditor or any of its duly authorized representatives shall, until expiragon ofthree (3) years afier final payment under the subcontract, have access and the right to examine any books, documents,papers, canceled checks, bank statements, purveyor's and other Invoices and records of such subcontractor involvingtransactions relating to the subcontract, or to such subcontractor's compliance with any term, condition or provisionthereunder or under the Contract.

In ths event the Conbactor receives payment under the Contract, reimbursement for which is later disallowed by theCounty, the Contractor shall promptly refund the disallowed amount to the County on request, or at the County's option,the County may credit the amount disallowed from the next payment due or to become due to the Contractor under anycontract with the County.

GC-31 GOVERNING LAW

This Contract shall be governed by and construed under the laws of the Slate of illinois. The Contractor irrevocablyagrees that, subject to the County's sole and absolute slecfion, sny action or proceeding in any way, manner or respectarising out of the Contract, or arising from any dispute or controversy In connection with or related to the Contract, shallbe litigated only in courts within the Circuit Court of Cook County, State of illinois, and the Contractor consents andsubmits to the jurisdicbon thereof. In accordance with these provisions, Contractor waives any right it may have totransfer or change the venue of any litigation brought against it by the County pursuant to this Contract.

GC-32 COOPERATION WITH INSPECTOR GENERAL

Contractors, subcontractors, licensees, grantses or persons or businesses who have a County contract, grant, license,or certification of efigibility for County contracts shall abide by all of the applicable provisions of the Offi<xt of theIndependent Inspector General Ordinance (Section 2-281 eL seq. of the Cook County Code of Ordinances). Failure tocooperate as required may result in monetary and/or other penalties.

GC 33 WAIVER

No term or provision of this Contract shall be deemed aarived and no breach consented to unless such waiver orconsent shall be in wnTing and signed by the party claimed to have waived or consented. The waiver of any suchprovision shall be stricgy limited to the identified term or provision.

GC-14 3/201 5


GENERAL CONDITIONS

GOD ENTIRE CONTRACT

It is expressly agreed that the provisions set forth in this Contract constitute all the understandings and agreementsbetween the paifies. Any prior agreements, promises, negotiations, or representations not expressly set forth in thisContract are of no form and effect.

GC-35 FORCE MAJEURE

Neither Contractor nor County shall be liable for failing to fuEII any obfigation under this Contrad if such failure is causedby sn event beyond such parly's reasonable control and which Is not caused by such party's fault or negligence. Suchevents shall be limited to acts of God, acts of war, fires, ffiprtning, floods, epidemics, or riots.

GC36 GOVERNMENTAL JOINT PURCHASING AGREEMENT

Pursuant to Section 4 of the filinois Governmental Joint Purchasing Act (30 ILCS 525) and the Joint PurchaseAgreement approved by ths Cook County Board of Commissioners (Aprfi 9, 1965), other units of government maypurchase goods, supplies, equipment or services under this Contract.

In the event that alber agencies par6dpate in a joint pmcurement, the County reserves the right to renegotiate theprice to accommodate the larger volume.

GC-37 COMPARABLE GOVERNMENT PROCUREMENT

As permitted by the County of Cook, other government entities, if authorized by law, may wish to also purchase thegoods, sbpplies, services or equipment under the same terms and conditions contained in this Conbact (i.e.,comparable government procurement). Each entity wishing to reference this Contract must have prior authorizationfrom the County of Cook and the Contractor. If such parfidpation is authorized, all purchase orders will be issueddirectly from snd shipped directly to the entity requiring the goods, supplies, equipment or services. The County shallnot be held responsible for any orders placed, dsfiveries made or payment for the goods, supplies, equipment orservices ordered by these entities. Each entity reserves the riight to determine the amount of goods, supplies,equipment or services it wishes to purchase under this Contract.

GC-38 FEDERAL CLAUSES

The following provisions apply to sfi Contracts which sre funded In whole or in part with federal funds.

Interest of Members of or Deleoates to the United States Conoress

In acconlance with 41 U.S.C.I) 22, the Contractor agrees that it will not admit any member of or delegate tothe United States Congress to any share or part of the Contract or any benefit derived therefrom.

False or Fraudulent Statements and Claims

(a) The Contractor recognizes that the requirements of the Pmgram Fraud Civil Remedies Act of 1986,as amended, 49 U.S.C. Q 3081 et seq and U.S. DOT regulations, "Program Fraud CivilRemedies," 49 C.F.R. Part 31, apply to its actions pertaining to the Contract. Accordingly, bysigning the Contract, ths Contractor certifies or affirms the truthfulness and accuracy of anystatement It has made, It makes, or it may make pertaining to the Contract, including withoutlimitation any Invoice for its services. In addition to other penalties that may be applkwble. theContractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,submission, or certification, the Federal Government reserves the right to impose the penalfies ofthe Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor to the extent theFederal Government deems appropriate.

GC-15 3/2015


GENERAL CONDITIONS

GC-38 FEDERAL CLAUSES (con'L1

(b) The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,submission, or certigcation to the County or Federal Government in conneckon with an urbanizedarea formula project financed with Federal assistance authorized by 49 U.S.C. jj 5307, theGovernment reserves the right to impose on the Contractor the penalties of 18 U.S.C. g 1001 and49 U.S.C. 8 5307(n)(1), to the extent the Federal Government deems appropriate.

Federal Interest In Patents

(a) General. If any invention, improvement. or discovery of the Contractor is conceived or first actuallyreduced to practice in the course of or under the Contract, and that invention, improvement, ordiscovery is patentable under the laws of the Unites States of America or any foreign country, theContractor agrees to notify County immediately and provide a detailed reporL

(b) Federal Rights. Unless the Federal Government later makes a contrary determination in writing,the rights and responsibilities of the County, Contractor, and ths Federal Government pertaining tothat invention, improvement, or discovery will be determined in accordamm with applicable Federallaws and regulations, including any waiver thereof. Unless the Federal Government later makes acontrary determination in writing, the Contractor agrees that, irrespective of its status or the statusof sny subcontractor at any tier (e.g., a large business, small business, non-profit organization,insdtutlon of higher education, individual), the Contractor agrees it will transmit to the FederalGovernment those rights due the Federal Government in any invention resulting from the contract.

Federal interest in Data and Cocvrichts

(a) Dslinition. The term "subject data" used in this section means recorded information, whether or notcopyrighted, that is delivered or specdied to be delivered under the Contract. Examples include,but are not limited, to: computer sofhvare, engineering drawings and associated lists,spect8cations, standards, process sheets, manuals, technical reports, catalog item idendlications,and related information. The term "subject data" does not include financial reports, cost analyses,and similar information incidental to Contract administrafion.

(b) Federal Restrictions. The following restrictions apply to all subject data first produced in theperformance of the Contract. Except ss provided in ths Contract and except fcr its own internaluss, the Contractor may not publish or publicly reproduce subject data in whole or In part, or in anymanner or form, nor may the Contractor authorize others to do so, without ths written consent ofthe County and the Federal Government, until such time as the Federal Government may haveeither released or approved the release of such data to the public.

(c) Federal Rights In Data and Copyrights. In accordance with subparts 34 and 36 of the CommonRule, the County and the Federal Government reserve a royalty-free, non-exclusive andinevocable license to reproduce, publish, or otherwiss use, and to authorize others to use, forCounty or Federal Government purposes, the types of subject data descdbed below. Without thecopyright owner's consent, the County and Federal Government may not extend their license toother parties.

(1) Any subject data developed under the contract or subsgrsement financed by s federalGrant Agreement or Cooperative Agreement, whether or not a copyright has beenobtained; and

(2) Any rights of copyright which the Contractor purchases ownership with Federalassistance.

GC-16 3I2015


GENERAL CONDITIONS

GCQB FEDERAL CLAUSES (con'tt

(d) Special Federal Rights for Planning Research and Development Projects. When the FederalGovernment provides financial assistance for a planhing, research, development, or demonsbalionpmject, its general intention is to increase public knowledge, rather than limit the benefits of thepmject to participants in the project. Therefore, unless the Federal Government determinesotherwise, the Contractor on a planning, research, development, or demonstration project agreesthat, in addition to the rights In data and copyrights set forth above, the County or FederalGovernment may make available to sny third party either a license In the copyright to the subjectdale or s copy of the subject data. If the project is not completed for any reason whatsoever, afidata developed under the project will become subject data and will be delivered as the County orFederal Government may direct. This subsection, however, does not apply to adaptions ofautomatic data processing equipment or previously existing software programs for the County's usewhose costs are financed with Federal transportation funds for capital projects.

(e) Hold Harmless. Unless prohibited by state law, upon request by ths County or ths FederalGovernment, the Contractor agrees to indemnify, save, and hold harmless the County and theFederal Government and their officem, agents, and employees acting within the scope of theircificial duties against any liability, including costs and expenses, resulting from any willful orintentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, adsing outof ths publication, translation, reproduction, delivery, uss, or disposition of any data furnished underthe Contract. The Contractor will not be required to indemnify ths County or Federal Governmentfor any such liability arising out of the wrongful acts of employees or agents of the County orFederal Government.

(f) Restrictions on Access to Patent Rights. Nothing contained in this section on rights in data willimply a license to the County or Federal Government under any patent or be construed as afiscfingthe scope of any license or other right otherwise granted to ths County or Federal Governmentunder any patent.

(g) Application on Materials Incorporated into Project. The requirements of Subsections 2, 3, and 4 ofthis Section do not apply to material furnished by the County and incorporated into the work.

Records snd Audits

Contractor will deliver or cause to be delivered all documents (including but not limited to all Deliverablesand supporling data, records, graphs, charts and notes) prepared by or for the County under the tenne ofthis Agreement to the County promptly in accordance with the time limits prescribed in this Contract, and ifno time limit is specified, then upon reasonable demand therefor or upon terminabon or completion of thsServices hereunder. In the event of the failure by the Contractor to make such delivery, then and in thatevent, ths Contractor will pay to County reasonable damages the County may sustain by reason thereof.

The County and the Federal Government will have the right to audit all payments made to the Contractorunder this Agreement. Any payments to the Contractor which exceed the amount to which the Contractor isentitled under the terms of this Agreement will be subject to set-off.

The Contractor will keep and retain records relating to this Agreement and will make such records availableto representatives of ths County and the Federal Government, including without limitation the sponsoringfederal agency. other participating agencies, and the Comptroller General of the United States, atreasonable times during the performance of this Agreement and for at least five years after termination ofthis Agreement for purposes cf audit, inspection, copying, transcribing and abstracting.

No provision in this Agreement granting the County or the Federal Government a right of access to recordsis intended to impair, limit or affect any right of access to such records which the County or the FederalGovernment would have had in the absence of such provisions.

GC-17 3I2015

CONTRACT NO 1545-14489

GENERAL CONDITIONS

~8 FEDERAL CLAUSES icon'U

Environmental Rsoulrsmsnts

The Contractor recognizes that many Federal and state laws imposing environmental and resourceconservation requirements may apply to the Contract. Some, but not all, of the major Federal Laws thatmay affec the Contract include: ths National Environmental Policy Act of 1969, as amended, 42 U.S.C, gg4321 et seq 4 the Clean Air Act, as amended, 42 USC. 85 7401 et seq. snd scattered sections of 29 USC4the Clean Water Act, as amended, scattered sections of 33 U.S.C. and 12 U.S.CJ the ResourceConservation and Recovery Act, as amended, 42 U.S.C. 5% 6901 et seqx and the ComprehensiveEnvironmental Response, Compensation, and Liability acct, as amended, 42 U.S.C.g5 9601 et seq. TheContractor aho recognizes that U.S. EPA, U.S. DOT and other agencies of the Federal Government haveissued and are expected in the future to issue regulations, guidelines, standards, orders, directives, or otherrequirements that may affect the Contract. Thus, the Contractor agrees to adhere to, and Impose on Itssubcontractors, any such Federal requirements as the Federal Government may now or In the futurepromulgate. Listed below are requirements of particular concern.

The Contractor acknowledges that this list does not constitute the Contractor's enffre obligation to meet all

Federal environmental and resource conservation requirements. The Contmctor will include theseprovisions in all subcontracts.

(a) Envimnmental Protection. The Contractor agrees to comply with ths applicabht requirements of theNational Environmental Policy Act of 1969, as amended, 42 U.S.C.g 4321 et seq. In accordancewith Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994; U.S. DOT statutoryrequirements on envimnmental matters at 49 U.S.C. 5 5324(b); Council on Environmental Quality

regulations on compliance with ths National Environmental Policy Act of 1969, as amended, 40C.F.R. Part 1500 et sequ and U.S. DOT regulations, "Environmental Impact and RelatedProcedures," 23 C.F.R.Pert 771 snd 49 C.F.R.Part 622.

(b) Air Quality. The Contractor agrees to comply with all applicable standards, orders, or regulabonsissued pursuant to the Clean Air Act, as amended, 42 U.S.C. gg 7401 et seq. Specifically, theContractor agrees to comply with applicable requirements of U.S. EPA regulations, "Conformity toState of Federal Implementation Plans of Transportation Plans, Programs. and Projects Developed,Funded or Approved Under Title 23 U.S.C.or the Federal Transit Act," 40 C.F,R. Pert 51, SubpartT; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40C.F.R.Part 93. The Contractor further agrees to report and require each subcontractor at any tierto report any violation of these requirements resulting from any Contract implementation scffvity toths County and the appropriate U.S. EPA Regional Office.

(c) Clean Water. Ths Contractor agrees to comply with sll applicable standards, orders, or regulationsissued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.85 1251 et seq.The Contractor further agrees to report and require each subcontractor at any tier to report anyviolabon of these requirements resulting from any Contract implementaffon activity to the Countyand the appropdate U.S. EPA Regional Office.

(d) List of Violating Factlitiss. The Contractor agrees that any facility to be used in ths performance ofthe Contract or to benefit from ths Contract will not bs listed on the U.S. EPA List of Violating

Facilities ("List"), and the Contractor will promptly notify the County if the Contractor receives anycommunication from the U.S. EPA that such a facility is under consideraffon for inclusion on theList.

GC-18 3/2015


GENERAL CONDITIONS

GC-38 FEDERAL CLAUSES fconLt

(e) Preference for Recyclsd Products. To the extent practicable and economically feasible and to theextent that it does not reduce or impair the quality cf the work, the Contractor agrees to ussrecyded products in performance of the Contract pursuant to U.S. Environment Protection Agency(U.S. EPA) guidelines at 40 C.F.R. Paris 247-253, which implement section 6002 of the ResourceConservation and Recovery Act, as amended, 42 U.S.C. jj 6962.

7, No Exclusionsrv or Dlscrlminatorv Sosciflcstions

Apart from inconsistent requirements imposed by Federal statute or regulations, the Contractor agrees that itwill comply with the requirements of 49 U.S.C. jj 5323(h)(2) by refraining from using any Federal assistanceto support subcontracts procured using exclusionary or discriminatory specifications.

8, Carco Preference - Use of United States Fisc Vessels

The Contractor agrees to comply with U.S. Maritime Administration regulations, Cargo-Preference —U.S.Flag Vessels," 49 C.F.R. Part 381, and to indude the clauses required by those regulations, modiTied asnecessary to identify the affected parties, in each subcontract or subagreement involving equipment,materials, or commodities suitable for transport by ocean vessel.

9, Flv America

Section 14.c of the Master Agreement states that if the contract or subcontracts may involve theinternational transportation cf goods, equipment, or personnel by air, the contract must require Contractorsand subcontractors at every tier to use U.S.-flag air carriers, to the extent service by these carriers isavailable. 49 U.S.C.40118and 4 C.F.R.Part 52.

10. No Federal Government Oblications to Third Parties

The Contractor agrees that, absent the Federal Government's express written consent, the FederalGovernment will not be subject to any obligations or liabilities to any contractor or any other person not aparty to the Grant Agreement or Cooperative Agreemsnt between ths County and the Federal Governmentwhich is a source of funds for this Contract. Notwithstanding any concurrence provided by the FederalGovernment in or approval of any solicltatlon, agreement, or contract, the Federal Government continues tohave no obligations or liabiliges to sny party, including the Contractor.

11. Allowable Costs

Notwithstanding any compensation provision to the contrary, the Contractor's compensation under thisContract will bs limited to those amounts which ars allowable and allocabls to the Contract In accordance

with OMB Circular A-87 and the regulations in 49 C.F.R.Part 18. To the extent that an audit reveals that theContractor has received payment in excess of such amounts, the County may offset such excess paymentsagainst any future payments due to the Contractor and, if no future payments are due or if future paymentsare less than such excess, ihe Contractor will promptly refund ths amount of the excess payments to theCounty.

12. Trade Restriction

Contractor certifies that neither it nor any Subcontractor:

GC-19 3I2015


GENERAL CONDITIONS

GC-38 FEDERAL CLAUSES icon't.l

(a) is owned or controgsd by one or more citizens of s foreign country included in the list of countriesthat discriminate against U.S. firms published by the Office of the United States TradeRepresentative (USTR);

(b) has knowingly entered into any contract or subcontract with a person that is a citizen or national ofa foreign country on said list, nor is owned or controlled directly or indirectly by one or more citizensor nationale of a foreign country on said list;

(c) will procure, subcontract for, or recommend any product that is produced in a foreign country onsaid list.

Unless the restrictions of this clause are waived by the Secretary of Transportagon in accordance with 49CFR 30.17, no Notice-to-Proceed will bs issued to an entity who Is unable to certify to the above. IfContractor knowingly procures or subcontracts for the supply of any product or service of a foreign countryon said list for use on the project, the US DOT may direct, through the County, cancellation of the Contract atno cost to the Government.

Further, Contractor agrees that it will incorporate this provision for certification without modification in eachsubcontract. Contractor may rely on the csrtiflcagon of a prospective Subcontractor unless It has knowledgethat the csr88cation Is erroneous. Contractor will provide Immediate wriitten notice to the County If it learnsthat its csr88cation or that of a Subcontractor was erroneous when submitted or has become erroneous byreason of changed circumstances. Each Subcontractor must agree to provide written notice to Contractor ifat any time it learns that ils certification was erroneous by reason of changed circumstances. Nothingcontained in the foregoing will be construed to require establishment of a system of records in order torender, in good faith, ths csrggcation required by this provision.

The knowledge and information of the Contractor is not required to exceed that which is normally possessedby a prudent person in the ordinary course of business dealings.

This certificafion concerns a matter within the jurisdiction of an agency of the United States of America andthe making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution underTitle 18, United States Cods, Section 100.

13. Contract Work Hours and Safstv Standards Act

If applicable according to their terms, the Contractor agrees to comply and assures compliance with sections102 and 107 cf the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C.Q 327 through333, and impkrmentlng U.S. DOL regulations, "Labor Standards Provisions Applicable to ContractsGoverning Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable toNonconstrucgon Contracts Subject to the Contract Work Hours and Safety Standanls Act)," 29 C.F.R. Part5; and U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1928. Inaddition to other requirements that may apply:

(a) In accordance with section of the Contract Work Hours and Safety Standards Act, as amended, 40U.S.C. j)jj 327 through 332, the Contractor agrees and assures that, for the Contract, the wages ofevery mechanic and laborer will be computed on ths basis of a standard work week of 40 hours,and that each worker will bs compensated for work exceeding the standard work week at a rate ofnot less than 1.5times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The Contractor agrees that determinations pertaining to these requirements will be made inaccordance with applicable U.S. DOL regulations, "Labor Standards Provisions Applicable toConbacts Governing Federally Financed and Assisted Construction (also Labor Standardsprovisions Applicable to Nonconstrucgon Contracts Subject to the Contract Work Hours and SafetyStandards Act)," 29 C.F.R.Part 5.

GC-20 3I2015


GENERAL CONDITIONS

GCQS FEDERAL CLAUSES icon'tt(b) In accordance with section 107 of the Contract Work Hours snd Safety Standards Acb as

amended, 40 U.S,C. tj 333, the contractor agrees snd assures that no laborer or mechanic workingon a construction contract will be required to work in surroundings or under working conditions thatare unsanitary, hazardous, or dangerous to his or her health and safety, as determined inaccordance with U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F RPart 1926.

14. Veteran's Preference

In ths employment of labor (except in executive, administrative, and supervisory posilons), preference willbe given to Vietnam-era veterans and disabled veterans. However, this preference may be given onlywhere individuals are available and qualified to perform the work to which employment relates.

15. Coovricht Ownershio

Consultant and the County intend that, to the extent permitted by law, the Deliverablss to be produced byConsultant at the County's instance and expense pursuant to this Agreement are conclusively deemed"works made for hire" within the meaning and purview of Section 101 of the United Slates Copyright Act, 17U.S.C.Etgt et seq. (the "Copyright Act"), and that the County will be the copyright owner of the Delivereblesand of all aspects, elements and components of them in which copyright can subsist.

To the extent that sny Dellverabls does not qualify as a "work made for hire," Consultant Irrevocably grants,conveys, bargains, sells, assigns, transfers and delivers to the County, Its successom snd assigns, all right,title snd interest in and to the copyrights and all U.S, and foreign copyright registrations, copyrightapplications and copyright renewals for them, and other intangible, intellectual property embodied in orpertaining to the Deliverables prepared for the County under this Agreement, free and clear of any liens,claims or other encumbrances, to the fullest extent permitted by law. Consultant will execute sll documentsand perform all acts that ths County may reasonably request In order to assist the County in perfecting Itsrights in and to the copyrights relating to ths Delivsrables, at the sole expense of the County.

Consultant warrants to County, its successors and assigns, that on the date of transfer Consultant is thelawful owner of good and marketable title in and to the copyrights for the Dslivembles and has the legalrights to fully assign them. Consultant further warrants that it has not assigned any copyrights nor gmntedany licenses, exclusive or nonexclusive, to any other party, and that it is not a party to any other agreementsor subject to any other rsstricgons with respect to ths Dellverables. Consultant warrants and represents thatthe Deliverables are complete and comprehensive, and the Deliverables are a work of original authorship.

16. Accessibilihr Comoliance

If this Agreement involves design for construction, the Consultant warrants that all design documentsproduced or utilized under this Agreement and all construction or alterations undertaken under thisAgreement wgl comply with all federal, stats and local laws and regulations regarding accessibility standardsfor persons with disabilities or environmentally limited persons including, but not limited to, the following: theAmericans with Disabilities Act of 1990, 42 U.S.C. (J 12101 et seq. and the Americans with DisabiliTies ActAccessibility Guidelines for Buildings and FaciliTies ("ADAAG"); the Architectural Barriers Act, Pub. L. 90-480(1968), and the Uniform Federal Accessibility Standards ("UFAS"); and the illinois Environmental BarriersAct, 410 ILCS 25/1 et seq., and all regulations promulgated thereunder, see illinois Administrative Cods,Title 71, Chapter 1, Section 400.110. If the above standards ars inconsistent, the Consultant must complywith the standard providing the greatest accessibility. Also, the Consultant must, prior to construction,

review the plans and specifications to insure compliance with the above referenced standards. If theConsultant fails to comply with the foregoing standards, the Consultant must perform again, at no expense,sll services required to be re~srformed as s dimct or indirect result of such failure.

GC-21 3I2015


GENERAL CONDITIONS

GC-38 FEDERAL CLAUSES icon't.l

17. 1/isusl Riohts Act Waiver

The Consultant/Contractor waives any and afi rights that may be granted or conferred under Section 106Aand Section 113of the United States Copyright Act, (17 U.S.C. $ 101 et seq.) (the "Copyright Act") in anywork of visual art that may be provided pursuant to this Agmsment. Also, the Consultant/Contractorrepresents snd warrants that the Consultant/Contractor has obtained a waiver of Section 106A end Section113of the Copyright Act ss necessary from sny employees and subcontractors, If any.

18. Equal Emolovmsnt Oooortunitv

Afi contracts shall contain a provision requiring compliance with E.O. 11246, "Equal EmploymentOpportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal EmploymentOpportunity," and as supplemented by regulations at 41 CFR part 60, "ONce of Federal ContractCompliance Pmgrams, Equal Employment Opportunity, Department of Labor."

19. Coosland "Anh-Kickback" Act /18 U.S.C. 874 and 40 U.S.C.276c)

All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients andsubrscipients shall Include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C.874), ss supplemented by Department of Labor regulations (29 CFR part 3, "Contractors andSubcontractors on Public Building or Public Work Financed in Whole or in Pert by Loans or Grants from theUnited States" ). The Act provides that each contractor or subrecipient shall be prohibited from indurxng, byany means, any person empkryed in the construction, completion, or repair of public work, to give up anypart of the compensation to which he is othervrise entitled. The recipient shall report all suspected orreported violafions to the Federal awarding agency.

20. Davis-Bacon Act. as amended /40 U.S.C.276a to s-7'I

When required by Federal program legislation, all construction contracts awarded by the recipients andsubrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40U.S.C. 276a tc a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "LaborStandards Pmvisions Applicable to Contracts Governing Fsderafiy Financed and Assisted Construcfion").

Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less thanthe minimum wages specified in a wage determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of thecurrent prevailing wage determination issued by ihe Department of Labor in each solicitation and the awardof a contract shall be conditioned upon ths acceptance of ths wage determination. Ths recipient shall reportafi suspected or reported violafions to ths Federal awarding agency.

GC-22 3/2015


GENERAL CONDITIONS

FEDERAL CLAUSES (con'Lt

21. Contract Work Hours snd Safetv Standards Act (40 U.S.C.327-333I

Where applicable, afi contracts awarded by recipients in excess of $2000 for consbuction contracts and inexcess of $2500 for other contracts that involve the employment of mechanics or laborers shall include aprovision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR perl 5). Under Section102 of ths Act, each contractor shall be required to compute the wages of every mechanic snd laborer onthe basis of s standard work week of 40 hours. Work in excess of the standard work week is permissibleprovided that the worker is compensated at a rate of not less than 1 N times the basic rate of pay for allhours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to constructionwork and provides that no laborer or mechanic shall be required to work in surroundings or under workingconditions which are unsanitary, hazardous or dangerous. These requirements do not apply to thspurchases of supplies or materials or articles ordinarily avallabls on the open market, or contracts fortransportation or transmission of Intelligence.

Richts to Inventions Made Under a Contract or Aoreement

Contracts or agreements for the performance of experimental, developmental, or research work shallprovide for the rights of the Federal Government and the recipient in any resulting invention In accordancewith 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business FirmsUnder Government Grants, Contracts and Cooperative Agreements," and any implementing regulationsissued by the awarding agency.

23. Clean Air Act (42 U.S.C.7401 et sec. I and the Federal Water Pollufion Control Act (33 U.S.C. 1251e~as amended

Contracts and subgrants of amounts In excess of $100,000 shell contain a provision that requires therecipient to agree to comply with all applicable standards, ordem or regulations issued pursuant to the CleanAir Act (42 U.S.C.7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251 etseq.). Violations shall be reported to the Federal awarding agency and the Regional Office of theEnvironmental Protection Agency (EPA).

24. Bvrd Anti-Lobbvinc Amendment (31 U.S.C. 13521

Contractors who apply or bid for sn award of $100,000 or more shall file the required certification. Each tiercertiTiss to the tier above that it will not and has nct used Federal appropdiated funds to pay any pemon ororganization for influencing or attempting to influence an officer or employee of any agency, a member ofCongress, officer or employee of Congress, or sn employee of a member of Congress in connection withobtaining any Federal contract, grant or sny other award covered by 31 U.S.C. 1352. Each tier shall alsodisclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federalaward. Such disclosures are forwarded from fier to tier up to the recipient.

25. Debarment and Susoension (E.O.s 12549 and 12689l

No contract shall bs made to parties listed on the General Services Administration's List of Parties Excludedfrom Federal Procurement or Nonprocurement Programs In accordance with E.O.s 12549 and 12689,"Debarment snd Suspension." This list contains the names of parties debarred, suspended, or otherwiseexcluded by agencies, and contractors declared ineligible under statutory or regulatory authority other thanE.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the requiredcertification regarding its exclusion status and that of its pdincipal employees.

GC-23 3(2015


GENERAL CONDITIONS

GC-39 CONTRACT INTERPRETATION

Whenever the singular is used herein, ths masculine, feminine and neuter gender shall be deemed to include the others.The headings of arddss, paragraphs and sections in this Contract are induded for convenience only and shall not beconsidered by either party in construing the meaning of this Contract. If any provision or clause of this Contract shall beheld to be invalid, such provision or clause shall be deleted from the Contract and the Contract shall be construed to give

effect to the remaining portions thereof.

This Contract shall be interpreted and construed based upon the following order of precedence of component paris.Such order of precedence shall govern to msolve all cases of conflict, ambiguity or Inconsistency.

1. Addenda, if any.

2. Special Conditions

3. Specification.

4. General CondiTions.

5. Instruction to Bidders.

6. Legal AdvsriissmsnL

7. Bid Proposal.

END OF SECTION

GC-24 3/201 5


SC-01 SCOPESPECIAL CONDITIONS

The Bidder shall furnish Steam Heat and Chilled Water Cooled Coils for Cook County Department ofFacilities Management, all in accordance with the Contract Documents, Specifications and Proposalherein.

SC-02 CONTRACT PERIOD

This is a Contract elfective September 26, 2015 through September 27, 2017, with two, one-year renewaloptions after award by the Board of Commissioners and after proper execution of the ContractDocuments.

SC-03 AWARD OF CONTRACT

The Contract shall be awarded to the lowest responsible and responsive Bidder whose bid meets therequirements and criteria set forth in the Bid Documents. All items, unless otherwise stated, will beassumed to meet all specifications and requirements as set forth in the Bid Documents. Ambiguous bidswhich are uncertain as to terms, delivery, quantity, or compliance with specifications may be declarednon-responsive and rejected. The County shall be sole determinant of the relevant and appropriate costfactors used in evaluating any Base, Options and/or Alternate bids. Bidders must quote all lines forconsideration. It is the intent of the County to award this bid in whole and not in part. Only one award will

result from this bid.

SC-04 MBE/WBE REQUIREMENTS FOR THIS CONTRACT

The Bidder shall have a subcontracting goal of not less than twelve and a halt (12.5%)percentMBE and five (5'/o) percent WBE of the awarded contract price for work to be performed.

The Bidder must comply with the County's MBE/WBE participation requirements. The County has issuedMBE/WBE goals this Bid. The Bidder shall submit with its Proposal, an MBE/WBE Utilization Plan

indicating how it proposes to meet these goals. If the Bidder has not met the goals or made good faith

efforts to meet the goals, the Bidder's response will be deemed nonresponsive and will not beconsidered for award.

Certified MBE/WBE Bidders may count their own participation, however, a female firm certified as M/WBEor W/MBE may be counted towards the MBE or WBE goal, but not both. (Designations cannot bechanged after submission of the compliance plan.)

Unless otherwise specified in the Bid Documents, for purposes of this contract, the contract amount is thetotal bid amount that has been entered on the Proposal Page of the Bid Documents.

SC-05 DELIVERY LOCATION

All deliveries shall be performed at;

Cook County Department of CorrectionalFacilities Management2650 South California

Chicago, IL 60608

SC-1 3/2015

SPECIAL CONDITIONS


SO06 MANDATORY PRE-BID CONFERENCE AND SITE INSPECTION

The County will hold a Mandatory Pre-Bid Conference and Site Inspection at 2650 S. California Avenue,Administration Building, Mezzanine Level, Chicago, IL 60608 representatives from the Office of the ChiefProcumbent Officer and the Department of Facilities Management will compdise the panel to respond toanswer any questions regarding Ihe Specifications and Invitation to Bid procedures. This is mandatorythat the bidders attend this Pre-Bid Conference/Site Inspection. Prospective Proposers must respond toDan Gizzi at (312)603-6825 or e-mail [email protected] on or before June 5, 2015, with.firm'sname and number of attendees. A maximum of Iwo (2) representatives from each firm may attend thePm-Bid Conference.

DATE: June 5,2015TIME: 0:00A.M.PLACE:COOK COUNTY DEPARTMENT OF CORRECTIONS

2650 S.CALIFORNIA AVENUE, ADMININISTRATION BUILDINGMEZZANINE LEVELCHICAGO, IL 60608

INQUIRIES

A copy of any written request for interpretation of documents shall be provided to the Office of the ChiefProcurement Oflicer at the address set forth below.

Inquiries about the interpretation of the Specifications must be made only In writing and shall be directedto the Chief Procurement Officer. Inquiries will be answered In wriTing, if deemed necessary, by means ofan Addendum issued by the Office of the Chief Procurement Officer. (Reference Instructions to Bidders,Section IB-05 "Exceptions", Page IB-2). Inquiries must be received no later than 12:00p.m. on June10, 2015.

During the bid process, all Inquiries must be directed, in writing, only to the Office of the Cook CountyChief Procurement Officer as follows:

Shannon E. Andrews

Cook County Chief Procurement Officercro Dan Gizzl, Specifications Engineer III

118N. Clark Street, Room 1018Chicago, IL 60602

Contact Info for:

Dan Glzzi: (312)603-6825, [email protected]

SC-2 3/2015

SPECIAL CONDITIONS


SC-00 DELIVERY INSTRUCTIONS

Time of delivery shall be between the hours of 8:00 a.m. and 1:30 p.m., Monday through Friday, noCounty Holidays. Deliver on pellets, stretch-wrapped. Freight and delivery are to be included in bid,Requisition Number and Purchase Order Number to appear on dock receipt when goods are delivered,Vendor will make deliveries upon request during the two-year period. Vendor must contact Mike Roberlsat (773) 6744010 forty-eight (48) hours before delivery. Vendor is responsible for inside dock delivery.

"Holidays" means the following Nagonal Holidays only: Columbus Day, Veteran's Day, Thanksgiving Day,Christmas Dsy, New Year's Day, Martin Luther King Day and Washington's Birthday.

SC-09 LATE DELIVERIES

No delivsrlss will be acturpted after the time specified.

SC-10 WARRANTY

Three (3)year manufacturer warranty on parts.

SC-11 PRODUCT SHEET

Vendor must provide the Product Specification Performance Data Sheet with bid documents.If the Product Soecification Performance sheet is not provided. the vendor's bid will be reiecied,

SC-12 PRODUCT REQUIREMENTS

piior to producgon of all coils, the vendor must provide factory csrtiged drawings to the Department ofFacilities Management for review snd approval. No coils will be accepted without this approval.

SC-13 ADDITIONAL PRODUCT

Vendor shall be required to quote and provide addiTional steam heat and chilled water cooling coils whenrequired by the Facilities Management Dspsitment.

This Contract identifies specific items to bs supplied, It is hereby agreed and understood that additionalsteam heat snd chilled water cooling coils may be added to lhis contract at the option of the Departmentof Facilities Management. When an additional steam heat and chilled water cooling coil is required, thesuccessful vendor under this contract shall submit price quotes for these new items. If the quotes siecomparable with prices offered for similar items, the items shall added to this contrack

SC-14 NOTIFICATION

Do not deliver items on the Contract until notified by the Using Agency.

SI2015

SPECIFICATIONS

ITEM NO. 01 STEAM HEAT COIL FOR BIIVISION NO. 9

40.5" +I- 2" x 109.5"face area1 I'ow

6 fins per inch1" outside diameters tubes on 2.25" tube centersFin material: 0.010thick aluminumTube Material: 1.000dia. 0.049 wall copper to be hydraulically expandedInner Tube materiaL CopperHeader Material: Type K CopperConnections: 2.00"/1.50" Steel Male Pipe ThreadsCoil Casing: 16/1 6 galvanized to be bolted not sheet metal screwedMax Press/Temp. 150 pounds per square inch gauge /366F

ITENI NO. 02 STEANI HEAT COIL FOR RTU A1

18.375"+I- 2" x 39.0"face area2 I'ow

9 fins per inch, flat fins

Fin material: 0.010 thick aluminumTube Material: .625 dia. 0.049 wall copper to be hydraulically expandedInner Tube material: CopperHeader Material: Type K copperConnections: 1.00"/1.25" GalvanizedCoil Casing: 16/16 galvanized —to be bolfed not sheet metal screwedMax Press/Temp. 150 pounds per square inch gauge /366F

ITEM NO. 03 STEAM HEAT COIL FOR RTU A1~TERIOR

22.50" +I- 2" x 43.50"face area1 I'ow

6 fins per inch

Fin material: 0.010thick aluminumTube Material: .625 dia. 0.049 wall copper to be hydraulically expandedInner Tube material: CopperHeader Material: Type K copperConnections: 2.00" / 1.25"Steel Male Pipe ThreadCoil Casing: 16/16 galvanized to be bolted not sheet metal screwedMax Press/Temp. 150 pounds per square inch gauge /366F

ITEM NO. 04 STEAM HEAT COIL FOR RTU D3

15.375"+I- 2" x 40.75 "face area2 Iow9 fins per inch, flat fins1"outside diameters tubes on 2.25" tube centersFirrmateriai:-0:020 thick aluminumTube Material: .625 dia. 0.049 wall copper to be hydraulically expandedInner Tube material: CopperHeader Material: Type K copperConnections: 1.00"/1.00"Copper plain endCoil Casing: 16/16 galvanized to be bolted not sheet metal screwedMax Press/Temp. 150 pounds per square inch gauge /366F


3/2015


SPECIFICATIONS

ITEM NO. 05 CHILLED WATER COOLING COIL FOR DIVISION 8-81 AND S4

46.00"+I-2" x 107.50"face area4 row12 fins per inch14 gauge top and botlom channels —stacking flangesFin material: 0;QQ95 0.010 thick aluminumTube maledal: 0.625 dia. 0.035 wall copper to be hydraulically expandedReturn material: 0.625 dia. 0.049 wall copperHeader Material: 3.00Type L cooperConnections: 3.00"cooper Male Pipe ThreadsCoil Casing: 16/14 galvanized to be bolted not sheet metal screwedMax Press/Temp. 200 pounds per square inch gauge/388F

ITEM NO. 08 STEAM HEAT COIL FOR DIVISION 5-S15 AND S18

31.50"+I- 2" x 109.50"face area1 row10 fins per inch1.00"outside diameter tubes on 2.25" tube centers0.010 thick Aluminum fins1.000"diameter, 0.035 wall Copper tubesCopper to be hydraulically expandedCopper inner tubesType (K) Copper header

(1)2.50'/1.25" Steel female pipe thread16/16 Galvanized case to be bolted not sheet metal screwed150 pounds per square inch gauge / 366'F

P-2A 3/2015

SITE INSPECTION CERTIFICATE


This is to verify that Bidder has, this date, participated in the Mandatory Site Inspechon as required in thisBid. Bidder hss inspected the site and related Bid Documents and fully familiarized Itself with allconditions and matters which might in any way affect the Deliverables, including costs and scheduling.

COOK COUNTY DEPARTMENTOF CORRECTIONS2650 S.CALIFORNIA AVENUEADMININISTRATION BUILDINGMEZZANINE LEVELCHICAGO, IL 60608

Je~wf

NAME (PRINTED/TYPED AND SIGNATURE)

A.FF 1( r yt 4 yco Sic& + W~ uJA~COMPANY

t ~ klAAOFFICIAL CAPACITY

W~0- iV)-~d~eTELEPHONE NUMBER (Area Code)

NOTE: This form must be filled in completely and returned with Bid Proposal

DATE:

SI-1 3/2016

CONTRACT IIO, 1645-144aa

BIDDER; Alliated Steam 8 Hot Water

The Bidder dechriiar liat It bea oirafully swnioid the Adeerdaement for BMo, yte Inetnndhm to Bfddwa,the Propoiel Form, Sane@ Bhd Spaohd Coidllhme and Sfdmiltoidtohe itantEed. ne Conhnct BootIrnrantNumber 1546.14459foi Shthrfr Heat ind Chilled WiNe Codllhh Ceaii for Pooh.Qhtihty'yafmrhiiant. efFardlsee ~Irl, ne Mgslaif by cooh 0,end fhdt hihnfamillarftedlb' irfa with esof the eeQlom uodre '"ll musk'be lent Ierd rdnf Intend dmt In Ireddn9 thla Prnpnait Slaywalire eN dmhta to plead nay Inhrund~ ratanding fha eenm.

in the ment drat etna Ie a malhemaaoal enor beteeen the 'Vnh Prhnr and "Total Pitae', the Unit prtna+Ill pwvelt All ohengee muat be made by onnsln9 nut and Infitallnh tile hem nhenfled. Uae of oorreohonfiuid, i.e.,white but or aay ndter afrnilar'e@ed is not aooeplable. Fetus to InMal any oiert9ee may. ftegrounds hr rajeothri of die Bilf.

ITEM NO. UIIIT OF MEASURE QQ, DEBCISPTION

EACH

EACH

STEAN HEAT COLSAS PER SPECIFICATIONS HEREIN.

..2.775.00

88800 00 TOTAL

MFR, Marie

NFR NO 1H19-109.5WST-SQ.B-H-B

STEAM HEAT COILSAS PER SPEGIFlCATIONS HEREIN.

1,580.00 rEACH

S 8.060.00 TOTAL

NFR. Maria

IltFR, hIO.2042-994909F40-H-8 .

EACH STEAN HEAT COILSAS PER SPECIFICATIONS HEREIN,

1.260.00 .IErcH

1,260.00 TOTAL

NFR. Marlo

MFR, NO.101M.&gST.S.S.H+

3l3OIe

PROPOSAL


ITEM NO. UNIT OF MEASURE

EACH

DESCRIPTION

STEAM HEAT COILSAS PER SPECIFICATIONS HEREIN.

$ 1,540.00 /EACH

$ 3,080.00 TOTAL

MFR. Msrl0

MFR. NO. 2D10<0.75-5909F-4.4-H-B

EACH CHILLED WATER COOLING COILSAS PER SPECIFICATIONS HEREIN.

5.390.00

$ 43,120.00

/EACH

TOTAL

EACH

GRAND TOTAL;

MFR. Marlo

MFR NO 4W32-107.5-5512T-35.8-H-1.00-R-B

STEAll/I HEAT COILSAS PER SPECIFICATIONS HEREIN.

2.345.00 /EACH

9,380.00 TOTAL

MFR. MBrlO

MFR NO 1H14106.75-5910T-23.4-H-B

$ 93,200.00

DELlvERY DATE: ThirtV (30)(NUMBER OF CALENDAR DAYS AFTER AWARD OF CONTRACT

Ths receipt of the following addenda to the Specifications Is acknowledged:

Addendum No.

Addendum No.

Date: June 18, 2015

Date:

P-2 3I2015

Exhibit I

Identification of Subcontractor/Supplier/Subconsultant Form


Cook CounlyOffice of ths Chief Procuremsnt Ofacer F)

Identification of Subcontractor/Supplier/Subconsubant Farmn

The Bidder/Pmpcser/Respondent (The Contractor') will fully complete and execute snd submit an Identi/icaticn ofSubcontractor/Supplier/Subconsukanl Form ("ISF"}with each Bid, Request for Proposal, snd Request forQualification. The Contractor must complete fhe ISF for each Soir contractor, Supplier or Subconsultant wfdchshag bs used on the Contract. In the event that lhua are sny changes in the utilization of Subrxrntrsctors,Suppliers or Subconzullsnts, the Contractor must fge sn updated ISF.

Bid/RFP/RFQNo 1545-14489

Toial Bid or Fmomal Amount

contmctcr'Iliated Steam & Hot Water

Authorized Contsdfor conimctcr Jim Murray

glad}aire@afliatsdatea/n.corn(Conlrsclor);

Date: June 15, 2015

contract Titiei Steam Heat and Chilled Water Cooling CoilsSubcontractor/Supplier/Suboonsultsnt to be tx}/Aadded br substibrte:Authorized Contact forSubcontractor/Supplier/ fd/ASubconsultantEmailAddress(Sub contraotork N/A

City, Slate and Zip(Subcontractor):Telephone and Fax(Subcontractor)Estimated Start andCompletion Dates(Suboontractor)

City, Slate sndZio (Contractor)i A}S}P,IL 80803Telephone snd Fsx(Contractor) P: 708-371-0600 F:708-371-0670Estimated Start sndCompletion Dales(Contrsctorl

Company Addicts Company Address

12424 South Lombard Lane (8ubconlrsclor):

ht/A

NIA

Note: Upon request, s copy of all uxiiten subcontractor agreemenls must be provided to the OCPO.

Deacrlotum af Sarviosa or Bucolics

Steam Heat snd Chilled Water Cooling Coils

Total Price ofSubrnntract forrvlcea ar Suocties

$93,200.00

The subcontract documents will incorpmste ail requirements of the Contract awarded to the Contrsctor as applicsbkrThe subcontract will in no wsy hinder the Subcontractor/Supplier/Subronsullant from maintaining ils progress on anyother contract on which it is ocher s Subcontractor/Suppber/Subconsullant or principal cont(ester. This disctosum ismade with the understanding ihat the Contractor is nol under sny circumstances relieved of its abilities andobligations, and is msponsibls for the organization, perlonnsnce, and quality of work. This form does nat approveany proposed changes, revisions or modifications to the contract approved MBE/WBE Utigzstlon Plan. Anychanges to Ihe contract's approved MBE/WBE/udttzation plan must be submitted to the Office of theCantrscil Compliance.

Name

Title

Jim Murray for Afliliated Steam & Hot Water

octractor Signslure Date

ISF-1 3/2015

Exhibit II

Electronic Payables Program Form

CONTRACT NO t545 t4400

OFFICE OF THE COOK COUNTY COMPTROLLERELECTRONIC PAYABLES PROGRAM I"E4xAYABLES"I

FQR INFORMATION I URPQSES ONLY

Tfrin document describes the Office of the Cook Countv ComntfolleVs Electnonfc Pevshles Pnmram ("E-Pavelbf~es" .lf vou wish to nartlclcstein E-Psvshles. nkmse contact the Cook Countv Comntroller's ONce. Accounts Pavntrfs, 110N CfaH,Strwet. Ronm 500. Chlcsoo. IL 00602.

DESCRIPTIONTo Increase payment stfirtency and timeliness. we have introduced E-Payables program, a new payment Inltishve to our accoumpayable model. This new initiative utilizes a Visa purchasing card and operates through the Visa payment network. This is County'spreferred method of payment and your paNcipation in our Visa purchasing card program will provide mutual benefits both to yourorganization and ours.

As n vendor, you may experience ths following benefits by accepting this new payment type:Improved cash flow and accelerated paymentReduced paperwork and a more streamlined accounts receivable processElimination of stop payment issuesReduced payment delaysReduced costs for handling paper checksPayments settled directly to your merchant account

There ars two options wlfirin this initiative:

3. Dedicated Credit Card —"PULL" SettlementFor this opfion, you will have an assigned dedicated credit card to be used for each payment. You will provide a point of contact withinyour organization who will keep credit card information on file. Each time a payme'nt is made, you will receive a remittance advice viaemail detailing the invoices being paid. Each time you receive a remittance advice, you will process payments in the same manner youprocess credit card transscfions today.

4. One-Time Use Credit Card - "SUGA" SettlementFor this opfion, you will provide a point of contact within your organization who will receive an email notification authorizing you toprocess payments in the same manner you process credit card transactions today. Each time payment is made, you will receive aremittance advice, via email, detailing the invoices being paid. Also, each time you receive a remifiance advice, you will reosive a new,unique credit card number. This option is ideal for suppliers who are unable to keep credit card account information on file.

ACH-1 3/2015

Exhibit III

Preference for Veteran's Business Enterpriseand

Service-Disabled Veteran's Business Enterprise Form


VETERAN'S PREFERENCE FOR VBE AND SDVBE

INSTRUCTIONS

In accordance with Section 34236(b) of ths Cook County Proctasmsnt Cods, ths Chief Procurement ONcer ("CPO") shall give spreference of five nsrcsnt of fiw amount of Ste Contract to s Responsible and Responsive Veterans Owned Business Enterprise(VBE)and Service Disslded Veterans Business Enterprise {SDVBE)requesting a pmference for Bids. AN Bidders urho amraaussdna this arsfsrsncs must comoists the farm. and sftssh a caov of iis csrtfgcstion. Prier fo aualvina the Bve surcoatarufiuuaca. the CPO musf mssive saorovsi fram the Contract Camoiisnce Dhecfior ICCDI thsf the Bidder is a auaNfad VBE~

DEFINmONS

Vsisrsnmwned Business Eidsiprise (VBE) means a smafi business (I) that is st least 51 percent awned, controlled and managed byons or mom Eligible Vstenuw or in the case af a corporation, at hurst 51 percent or more of the stock sfwhich is owned, controlled andmanaged by one or mors Efighle Veterans; gi) that has its home oNce in Illinois, as cerNied by the Contract Compliance Director(CCD) under policies snd procedures promulgated by the CCD.

Eiiglhfs Veteran means s person who (I) hes been either s member of the armed forces of Ihs United States or, whfie a cNzen of thsUnited States, was s member of ths armed farces of alfiss of the United States in tine af hcstfiltlss wfih a foreign country and (II) hasserved under one or more af the following conditions: (a) the vtdsian served a total of at least 6 months; (b) the veteran served for theduration of hostilities regsngess of the length of the engagement; (c) the veteran was discharged on the basis of hardship; or (d) theveteran was released from acfivs duty because af s service canna@ed disability and was discharged under honorable condibons.

Armed farces af the Uniisd Sfsiss mesne the United States Army, Navy, Air Force, Marine Corps, Coast Guard or service in active dutyas defined under 38 U.s.c. sedlon 101.service In the Merchant Marine that aansNutes active duty under Ssbtlon 401 of federal pubficAct 95-202 shall also be ocnsidsred service in the armed forces for purposes of this Division.

Service-Disabled Vsisrsn-ownsd Business Enterprise (SDVBE)means e small business (i) that is st kmst 51 percent owned,controfied, and managed by one or more quafified service disabled veterans or in the case of s corporation, at least 51 percent or moreof the stock of which is owned, controlled snd managed by one or more Service Disabled Veterans; (iij lhat has its home aNce inIfiinois, as certified by the CCD under policies snd procedures promulgated by the CCD.

Ssrvlcs4)lsshlsd Veteran meum an Efigibls Veteran who has been found to have 10 pemsnt or more service connected dissbfilty bythe United States Department of Veterans Afiaim or the United Slates Department of Defense.

Service-aannscisd disshifiiy means a dissbilily incurred in the line of duty in the active military, naval or air service as described in 36U.S.C. 101(16).

Small Business means s small business as defined by ths U.S. Small Business Administration, pursuant to ths business size standardsfound In 13CFR Perl 121, ss related to the nature of ths work ths Person seeks to perform on Cantrscts. A Person ls not an efiglblesmsfi business enterprise in sny calendar fiscal year in which its grass receipts, averaged over the Person's previous five tiscsl years,exceed the size standards of 13CFR Part 121.

REQUEST FOR PREFERENCE

N/A Bidder is requesting to receive a preference ss a VBE. By requesfing this preference, Bidder certifies that it meetsthe definition of s VBE, as set forth above and has included a copy of Its certification.

N/A Bidder is requesting to receive a preference as a SDVBE. By requesting this prefeience, Bidder cehifiss that it meetsThe definiTion of a SDVBE, as set forth above and hss included a copy of its certification.

N/ABidder (pkuwe pdint or type) Title

N/A

Signature Date

E-mail address

Subscribed to and sworn befcm methis day of , 20

XNotary Public Signature

V-1

Phone Number

My oommission expires:

Notary Seal

3i2015

Exhibit IVVeteran's Workplace Preference Public Works Contracts Form

CONTRACT NO, 1545 14460

AFFIDAVITVETERAN'6 WORKPLACE PREFERENCE PUBLIC WORKS CQIITRACTS

INSTRUCTIONS

In accordance with Section 34-236(a) of the cook county Procursmsnt code, Nte chief Pracursment Officer ("cpoq shall give spreference of one oercent of the amount af the Contract to a Responsible and Responsive Conksotar for s Public Works Contractwhen such Contradar hss committed by affidavit to utilize Eligible Veterans for st hast five percent of ihe hours worked under s uchContract Failure ta utilize Bigible Veterans in accordance with the affidavit wiN result in breach af conlracL ~ll Bkkhu wfrreousstirm this oreference must camoiels rfrfs Aiffdsviz

DEFINITIONS

Eligible lfeksan means e person who (I) hes been either e member of the armed forces of the United States or, while a ckizen of theUnited States, wss a membm of the armed forces of afiiss of the United States in fime of hostilities with a foreign country and (ii) hasserved under one or more of Nre following condithns: (a) the vstarbn served a total of at least 6 months; (b) the veteran served for thsduration af hostiTilies regsrdleiis of the length ol the engagement; (c) the veteran was discharged on lhe basis of hardship; or (d) theveteran wss released from eafivs duty because of a service connected disability and was discharged under honorable condfilons.

Armed forces of fbs Uniled States means the United States Army, Navy, *Ir Foroe, Marine Corps. Coast Guard or service In active dutas defined under 38 U.S,C.Section 101.Service in the Merchant Marine that consNutss active duty under Section 401 of federal pubufic

nsc ve uy

Am 95-202 shsfi also be considered service in the armed forces for purposes of this Division.

Public Abrks means sll fixed works construded or demolished by the County, or paid for wholly or in part out of pubric t'undeadministered by the County. "Public Works" as defined herein intriudss all piajtxris financed in whale or in pert uiith bonds, grants,loans, or other funds made svsfiable by or through federal or State government, ar the County. "Public Works" does not include prcr)actsundertaken by the owner st an ownsr4raau pled single-family residence or at an owner~upled unit of e multifamlly residence, "Pubicworks" indudes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

I, N/A , being first duly sworn, do depose and state as follows:

1. I am the authorized representative and I have the authority to make this Aitidavit for and on behaN of the Bidder.

2. The Bidder is requesfing the CpO grant a preference af one percent of the amount af ths Contract in accordance with Section34-236(a) of the Cook Procurement Code, as set foih above.

3. In accordance with the Cook County Procurement Code, the Bidder shall commit to utilize Biglble Veterans for st least fivepercent of the hours worked under the ContracL The ENSINe Veterans must be employed direcfiy by the Bidder,

The Bidder shall be solely responsible for requesting efi persons to provide Bidder with sppmpriate documsntegon to ensurethai such person(s) is an Eligible Veteran, as dellned above. Bidder certifies, Nwt by seeking this preference, It shell maintainappropriate dacumeiristktn, including psyrog records, which show the numbw of hours worked by Efigible Veterans.

5. The Bidder certifies, afitims and acknavriedges that the failure to uilhze Eligible Veterans in accordance with this Atfidsvit willrasuk in a breach of contract, which will sgow the County io seek all rights and remedies as set forth in the Contract and anyoNer appropriate remedies available in equity or ai law.

NIABidder (please print or type) Title

Signature Date

E-mail address Phone Number

Subscribed to and sworn before methis dey of

My commission expires:

XNotary Public Signature Notary Seal

V-2 3/2015

Exhibit VEconomic Disclosure Statement Forms, including Contract and EDS Signature Pages

COOK COUNTYECONOMIC DISCLOSURE STATEMENT

AND EXECUTION DOCUMENTINDEX

Section Description

Instructions for Completion of EDS EDS i-ii

Certification s

Economic and Other Dlschsures, Afgdavtt of ChildSupport Obligations and Disclosure of Ownership

Interest

Contract and EDS Execution Page

Cook County Signature Page

EDS1-2

EDS 3 —12

EDS 13-15

EDS 16

SECTION 1INSTRUCTIONS FOR COMPLETION OF

ECONOMIC DISCLOSURE STATEMENT AND EXECUTION DOCUMENT

This Economic Disdosure Statement and Execution Document ("EDS")Is to bs completed and executedby every Bidder on a County contract, every Proposer responding to a Request for Proposals, and everyRespondent responding to a Request for Qualifications, and others as required by the Chief ProcurementONcer. The execufion of the EDS shall serve as the execution of a contract awarded by the County. TheChief Procurement Officer reserves the right to request that the Bidder or Proposer, or Respondentprovide an updated EDS on an annual basis.

Definitions. Terms used in this EDS and not otherwiss defined herein shall have the meanings given tosuch terms In the Instructions to Bidders, General Conditions, Request for Proposals, Request forQualiTications, as applicable.

Affiliate means a person that directly or indirectly through one or more intermediaries, Controls isControlled by, or is under common Control with the Person specified.

Applicant means a person who executes this EDS.

Bidder means any person who submits a Bid.

Code means the Code of Ordinances, Cook County, illinois available on munkxide.corn.

Contract shall include any written document to make Procurements by or on behalf ofCook County.

Contractor or Contracting Party means a person that enters Into a Contract with theCounty.

Control means the unfettered authority to directly or indirectly manage governance,administration, work, and all other aspects of a business.

EDS means this complete Economic Disclosure Statement and Execution Document,including all sections listed in ths Index and any attachments.

Joint Venture means an association of two or more Persons proposing to perform a for-profit business enterprise. Joint Ventures must have an agreement in writing specifyingthe terms and conditions of the relationship between the partners and their relationshipand respective responsibility for the Contract

Lobby or lobbying means to, for compensation, attempt to influence a County oflicial orCounty employee with respect to any County matter.

Lobbyist means any person who lobbies.

Person or Persons means any individual, corporation, partnership, Joint Venture, trust,association, Limited Liability Company, sole proprietorship or other legal entity.

Prohibited Acts means any of ths actions or occurrences which form the basis fordisqualification under the Code, or under the Certlfications hereinafter set forth.

Proposal means a response to an RFP.

Proposer means a person submitting a Proposal.

Response means response to an RFQ.

Respondent means a person responding to an RFQ.

RFP means a Request for Proposals issued pursuant to this Procurement Code.

RFQ means a Request for Qualifications tssued to obtain the qualifications of Interested parties.

EDS-i 3/2015

INSTRUCTIONS FOR COMPLETION OFECONO55IC DISCLOSURE STATEMENT AND EXECUTION DOCUNIENT

Section 1:Instructions. Section 1 sets forth ths instructions for completing and executing this EDS.Section 2: CertiTtcagons. Section 2 sets forth cerbfications that are required for contracting parties underthe Code and other applicable laws. Execution of this EDS constitutes a warranty that all the statementsand certifications contained, and ag the facts stated, in the Csrtifications are true, correct and complete asof the date of execution.

Section 3: Economic and Other Disclosures Statement. Section 3 ls the County's required Economicand Other Disdosurss Statement form. Execution of this EDS constitutes a warranty that all theinformation provided in the EDS is true, correct and complete as of the date of execution, and binds theApplicant to the warranties, representations, agreements and acknowledgements contained therein.

Required Updates. The Applicant is required to keep ag information provided in this EDS current andaccurate. In the event of any change In the informagon provided, including but not limited to any changewhich would render Inaccurate or incomplete any certification or statement made In this EDS, theAppgcsnt shall supplement this EDS up to the time the County takes action, by fging an amended EDS orsuch other documentation as is required.

Additional Information. The County's Governmental Ethics and Campaign Financing Ordinancesimpose certain duties and obligations on persons or entities seeking County contracts, work, business, ortransactions, and the Applicant is expected to comply fully with these ordinances. For further Informationplease contact the Director of Ethics at (312) 603-4304 (Sg W. Washington St. Suits 3040, Chicago, IL60602) or visit the wsb-site at cookcountyil.gov/ethics-board-of.

Authorized Signers of Contract and EDS Execution Page. If the Applicant is a corporation, thePresident and Secretary must execute the EDS. In the event that this EDS is executed by someone otherthan the President, attach hereto a certified copy of that section of the Corporate By-Laws or otherauthorization by the Corporation, satisfactory to the County that permits the person to execute EDS forsaid corporation. If ths corporation ls not registered in the State of 55nols, a copy of the Csr55cate ofGood Standing from the state of incorporation must be submitted with this Signature Page.

If the Applicant is a partnership or joint venture, all partners or joint venturers must execute the EDS,unless one partner or joint venture has been authorized to sign for the partnership or joint venture, inwhich case, the partnership agreement, resolution or evidence of such authority satisfactory to the Officof the Chief Procurement Officer must be submitted with this Signature Page.

If ths Applicant is a membsrmanaged LLC all members must execute the EDS, unless otherwiseprovided in the operating agreement, resolution or other corporate documents. If the Applicant is amanager-managed LLC, the manager(s) must execute the EDS. The Applicant must attach either acerbTied copy of the operating agreement, resolution or other authorization, sagsfactory to the County,demonstrating such person has ths authority to execute the EDS on behalf of the LLC. If the LLC is notregistered In the State of illinois, s copy of a current Certificate of Good Standing from the state ofincorporation must be submitted with this Signature Page.

If the Applicant is a Sole Proprietorship, the sole proprietor must execute the EDS.

A "Partnership" Joint Venture" or "Sole Propnetorship" operafing under an Assumed Name must beregistered with the 5linois county in which it is located, as provided in 805 ILCS 405 (2012), anddocumentation evidencing registra5on must be submitted with ths EDS.

E03-ii 3/2015

SECTION 2

CERTIFICATIONS

THE FOLLOWING CERTIFICATIONS ARE MADE PURSUANT TO STATE LAW AND THE CODE. THE APPLICANT ISCAUllONED TO CAREFULLY READ THESE CERTIFICATIONS PRIOR TO SIGNING THE SIGNATURE PAGE. SIGNINGTHE SIGNATURE PAGE SHALL CONSllTUTE A WARRANTY BY THE APPLICANT THAT ALL THE STATEMENTSCERTIFICATIONS AND INFORMATION SET FORTH WITHIN THESE CERTIFICATIONS ARE TRUE, COMPLETE ANpCORRECT AS OF THE DATE THE SIGNATURE PAGE IS SIGNED. THE APPLICANT IS NOTIFIED THAT IF THE COUNTYLEARNS THAT ANY OF THE FOLLOWING CERTIFICATIONS WERE FALSELY MADE, THAT ANY CONTRACT ENTEREDINTO WITH THE APPLICANT SHALL BE SUBJECT TO TERMINATION.

A. PERSONS AND ENTITIES SUBJECT TO DISQUALIFICATION

No person or business entity shall be awarded a contract or sub-contrect, for a period of five (5) years fram the date ofconviction or enlry of a plea or admission of guilt, dvil or criminal, if that person or business entity:

1) Has been convicted of an act committed, within ths State of filinols, of bribery or attempting to bribe an officeor employee of a unit of state, federal or local government or school distric in the Stats of illinois In thatofficer's or employee's owdsl capacity;

2) Has been convicted by federal, state or local government of an act of bid-rigging or attempting to rig bids asdefined in the Sherman Anti-Trust Act and Clayton Act. Act. 15 U.S.C.Section 1 ef seq.;

3)

4)

Has been convicted of bid-rigging or attempting to rig bids under the laws of federal, state or localgovernment;

Hss been convicted of an act committed, within the Stets, of price-fixing or attempting to fix prices as definedby the Sherman Anti-Trust Act and the Clayton Act. 15 U.S.C.Section 1, ef seq.;

5) Has been convicted of price-fixing or attempfing to fix prices under the laws the State;

6) Has been convicted of defrauding or attempting to defraud any unit of state or local government or schooldistrict within ths State of illinois;

7) Hss made sn admission of guilt of such conduct ss sst forth In subsections (1) through (6) above whichadmission Is s matter of record, whether or not such person or business entity was subJect to prosecution forthe olfense or offenses admitted to; or

8) Hss entered a plea of nolo contendere to charge of bribery, price-fixing, bid-rigging, or fraud, as set forth in

sub1xtragraphs (1)through (6) above.

In the caus of bribery or attempllng to bribe, 6 business entity may nol be awarded a contract if sn officisl, agent oremployee of such business enNy committed ths Prohibited Act on behalf of the business entity and pursuant to thsdirection or authorization of sn officer, director or other responsible offitfial of the business entity, and such prohibitedAct occurred within three years prior to the award of the contract. In addition, a business entity shall be disquafiTred if anowner, partner or shareholder conbolling, directly or indirectly, 20'/0 or more of the business entity, or an officer of thebusiness entity has performed any Prohibited Act within five years prior to the award of the Contract.

THE APPLICANT HEREBY CERTIRES THAT: The Applicant has read the provisions of Section A, Persons andEntities SubJect to Disqualification, that ths Applicant has not committed Sny Prohibited Act set forth In Section A, sndthat sward of the Contract to ths Applicant would not violate ths provisions of such Secfion or of ths Code.

B. BID-RIGGING OR BID ROTATING

THE APPLICANT HEREBY CERTIRES THAT: ln scoordance with 720 ILCS 5/33 E-11, neither the Applicant nor anyAffiliated Entity is barred from sward of this Contract as e result of s conviction for the violsffon of Srsfe Isws prohibffingbid-rtgging or bid rofeflng.

C. DRUG FREEWORKPLACE ACT

THE APPLICANT HEREBY CEImRES THAT: The Applicant will provide a drug free workplace, as required by (30 ILCS

580/3).

EDS-1 3/2015

DELINQUENCY IN PAYMENT OF TAXES

THE APPLICANT HEREBY CERTIFIES THAT: The Applicant Is not an owner or s party responsible for the peymenf ofany tex or fes administered by Cook County, by s local municlpallty, or by the illinois Department of Revenue, which suoiitsx or fee ls delinquent, such ss bsr award of a contnrct or subcontract pursuant to the Code, Chapter 34, Secnon 34-f 7f

HUMAN RIGHTS ORDINANCE

No person who is a party to a contract with Cook County ("County" ) shall engage in unlawful discrimination or sexualharassment against sny Individual in ths terms or conditions of smploymsnt, credit, public accommodations, housing, orprovision of County facilities, services or programs (Code Chapter 42, Section 4240 et seq.).

ILLINOIS HUMAN RIGHTS ACT

THE APPLICANT HEREBY CERTIFIES THAT: Itisin compliance wNr the illinois Human Rights Act (775 ILCS 5/2-f 55)and agrees to abide by the requirements of the Act es pert of its contractual obligations.

INSPECTOR GENERAL (COOK COUNTY CODE, CHAPTER 34, SECTION 34-174 and Section 34-250)

The Applicant has not willfully failed to cooperate in an investigation by the Cook County Independent Inspector Generalor to report to the Independent Inspector General any and all information concerning conduct which they know to involvecorruption, or other crtiminal acbvity, by another county employee or official, which concerns his or her orics ofemploymsnt or County related transaction.

Ths Applicant has reported directly snd without any undue delay any suspected or known fraudulent activity in theCounty's Procurement process to the Office of the Cook County Inspector General.

CAMPAIGN CONTRIBUTIONS (COOK COUNTY CODE, CHAPTER 2, SECTION 2-585)

THE APPLICANT CERTIFIES THAT: It hss read and shall comply with the Cook County's Ordinance concerningcampaign conbtbutions, which is codified at Chapter 2, Division 2, Subdivision II, Section 585, and can be read in Itsentirety at www.municode.corn.

GIFT BAN, (COOK COUNTY CODE, CHAPTER 2, SECTION 2-574)

THE APPLICANT CERTIFIES THAT: It has read and shall comply with the Cook County's Ordinance concerningreceiving and soffdting Slits and favors, which ls codified at Chapter 2, Division 2, Subdivision 0, Section 574, and can beread In its entirety at www.munlcode.corn.

UVING WAGE ORDINANCE PREFERENCE (COOK COUNTY CODE, CHAPTER 34, SECTION 34-150;

Unless expressly waived by the Cook County Board of Commissioners, the Code requires that a living wage must be paidto individuals employed by s Contmctor which has a County Contract and by all subcontractors of such Contractor under aCounty Contract, throughout ths duration of such County Contract. The amount of such living wage is annually by theChief Finsnolal Otffcer of the County, snd shall be posied on the Chief Procurement Oiffcsr's wsbslte,

The term "Contract as used in Secffon 4, I, of this EDS, speciTically exdudes contracts writh the following:

1) Not-For Profit Organizaffons (defined as a corporation having tax exempt status under Section 501(C)(3)of theUnited Stats Internal Revenue Code snd recognized under the fflinois Stats not-for -profit law);

2) Community Development Block Grants;

3) Cook County Works Department;

4) Sheriffs Work Alternative Program; and

5) Department of Correction inmates.

EDS-2 3/2015

SECTION 3

REQUIRED DISCLOSURES

I, DISCLOSURE OF LOBBYIST CONTACTS

List all persons that have made lobbying contacts on your behalf with respect to this contract:

Name

N/A

Address

2. LOCAL BUSINESS PREFERENCE STATEMENT (CODE, CHAPTER 34, SECTION 344W)

Local business means a Person, including a foreign corporation authorized to tmnsact business in lflinois, having s bona fideestablishment located within the County al which it is transacting business on the date when a Bid is submitted to the County,and which employs the majority of ils regular, full-time work force within the County. A Joint Venture shall constitute a LocalBusiness if one or more Persons that qualify as a "Local Business" hold interests totaling over 50 percent in the Joint Venture,even if the Joint Venture does not, at the time of the Bid submittal, have such a bona fide establishment within the County

a) ls Applicant a "Local Business" as define above?

Yes: X

b) If yes, list business addresses within Cook County:12424 South Lombard Lane

Als)p, IL 60803

c) Does Applicant employ the majority of its regular full-time workforce within Cook County?

Yes; X

3. THE CHILD SUPPORT ENFORCEMENT ORDINANCE (CODE, CHAPTER 34, SECTION 34472)

Every Applicant for a County Privilege shall be in full compliance with any child support order before such Applicant is enlillsd toreceive or renew a County Priviiegs. When delinquent chiit support exists, the County shall nol issue or renew any CountyPrivilege, and may revoke eny County Privilege.

All Appgoants are required to review the Cook County Afgdavit of Child Support Obligations attached to this EDS (EDS.5)and complete the Affldavib based on the instructions in the Agldavit.

EDB-3

4, REAL ESTATE OWNERSHIP DISCLOSURES.

The Applicant must indicate by checking the appropriate provision below snd providing all required information that either.

a) The following is a complete list of all reel estate owned by the Applicant in Cook County:

PERMANENT INDEX NUSIBER{S): 24-27-411-0094000

(ATTACH SHEET IF NECESSARY TO LIST ADDITIONAL INDEX

NUIISERS)

b) The Applicant owns no real estate in Cook County,

5. EXCEPTIONS TO CERTIFICATIONS OR DISCLOSURES.

If the Applicant is unable to certify to sny of the Cenificattons or any other stetemenls contained in this EDs and not sxplsiinsd

ekrewhere In this EDS, ths Applicant must errptain below:

hi/A

If ihe letters, "NA", the word "None'r "No Response" appears above, or If the space is left blank, It will bs conclusively presumedthat the Appllcant certtltsd to sll Gertlgcslkms snd other statements contained in this EDS.

3I2015

COOK COUNTY DISCLOSURE OF OWNERSHIP INTEREST STATEISENT

Cook County Cade of (hdinances (]2utt0 ef seg.) requires that any Applicant for sny County Arrilon must dlsclosb information

cerning ownership irrieresls in the Applicant. This Disclosme of Ownership Interest Statement must be completed with allrmstion current as of the date this Statemerri is signed. Furlhermore, this Statement must be kept current, by riling sn amendedtement, until such time as the County Board or County Agency shall take action on the application. The information contained inStsfamsnt will be maintained in a database and made available for public viewing.

ou are asked to list names, but there ars no applicable names to llsl, you must state NONE. An inoomplete Statement will bereed end any adlon regarding this contract vritl bs delayed. A failure to fully comply vdth ths onlinsncs msy result in the actionn by the County Board or County Agency being voided.

ppi/can/" means any Engly or person making sn application to the County for sny County Action.

"County Action" means sny action by a County Agency, s County Department, or the County Board regarding an ongnance orordinance amsndmsnt, a County Board appriwal, or other County agency appnwal, with resperri to contracts, leases, or sale orpurchase of real estate.

"Person" "Enf/fy" or "Legs/ Enl/ty" means s sole prop/lstorship, corponltion, parlnmshlp, sssodstlon, business trust, estate, two ormore ponens having a jokri or common interact. trustee of a land trust, other commercial or legal entity or sny bensgclary orbeneficiaries thereof.

This Disdosure of Ownership Interest Statement must be submldsd by:

1.An Applicant for County ANon and

.A Person that holds stock or a beneficial interest in ths Applicant ggf[ ls listed on the Applicant's Statement (a "Holder" ) must file atstement and complete f/t only under Ownership Interest Dsdaratton,

lease prinl or type resporwes clearly and legibly. Add additional pages if needed, being careful to identify each porrion cf the form tohich each additional page refers,

This Statement is being made by the [ X ]Applicant or [ ] Stock/Beneficial Interest Holder

[ X ] Original Statement or [ ] Amended Statsrnerri

Zip Code:

Emaik a]ec]a][email protected]

This Statement is an:

Idendfying Informsiioni

Name Richard C. Lee

D/B/A: A%i]lated Steam & Hot Water FEIN NO/SSN (LAST FOUR DiGITS):36-2392793stmst Addmss: 12424 South Lombard Lane

city: A]Bio stets: IL

Phone Nox 708-371-0600 Fax Number. 708-371-0670

Cook County Business Registration slumber. N/A(Sole Proprietor, Joint Venture Psrtnsmhlp)

Corpomte File Number (if spplicabls): 38068668Form of Legal Entity:

[ ] Sole Proprietor [ ] Partnership [Xj Corporation [ ] Trustee of Land Trust

[ ] Business Trust [ ] Estate [ ] Association'

] Joint Venture

[ [ Other(describe)

EDS-6 2/20'l5

Ownership Interest Dedaration:

1, List the nsme(s), address, and percent ownership of each Person having a legal or bsnsffcial interest (Includingownership) of more than five percent (5%) in the Applicant/Holder,

Name

Richard C. LeeDawn L. Lee

Richard M. Lse

Ajexte A. Lee

Address

51 Shadow Creek Circle, Palos Heights, IL

1824 N. Marehfield Ave., Chicago, IL

1935 N. Davton, Unit 1, Chicago, IL

Percentage Interest in

ApplicanffHolder 50 4317.0816.7715.72

2, . If the interestcf any Person listsdin {1)above is heldas an agent oragentsand address of the prindpal on whose behalf the interest is held.

Name of Agent/Nominee Name of Principal

. N/A

or a nominee or nominees, list the name

Principal's Address

Is the Applicant constructively conlroffed by another person or Legal Enttbrf [ l Yes [ X l No

If yes, stets ths nemo, address snd percentage of beneficial interest cf such parson, snd the relationship under whichsuch control ie being or msy be exerdssd.

Name

N/A

Address Percentage of RelationshipBeneficial Interest

corporate officer, Rlsmbers and partners Information:

For sff corporations, list ths names, addresses, and tenne for ag corporate offlcsm. For all Rmlted liabfflty companies, list thenames, addresses for aff members. For aff partnershlps end joint ventures, Rst the names, addresses, for each partner or jointvslrlufe.

Name

Richard C. LssRichard M. Lee

Dawn L. Lee

Address Title (specify title ofOffice, or whether manageror partner/joint venture)

PresidentVice President

Secretary

Term of Office

Open

Open

Open

Derdsration (check the applicable boa):

l ] I state under oath that the Applicant has withheld no disclosure as to ownership Interest in the Applicant nor reservedany informagon, data or plan as lo the intended use or purpose for which the Applicant seeks County Boanl or other

County Agenoy action.

[X] I state under oath that the Holder has withheld no disdosure as to ownership interest nor reserved any informationrequired to be disdosed.

EDS-7 RI201 5

Riche. LeeName of~thortzed pplicant/Holder Repilsentative (please print or type)

CStgnsituhk

aleclaire¹fmiatedsteain.coinE-mail address

PresidentTitle

Auaust 19.2015Date

708-371-0600Phone Number

Subscribrttt to and ssjom before methis~day of~20~x ~v ~oszLtp ~~n

Notary Public Signature

My commission expires: W M t -t 4

~ @o0ep Pub~M Commissio

3/2015

COOK COUNTY BOARD OF ETBICS69 W. WASHINGTON STREET, SUITE 3040

CHICAGO, ILLINOIS 60602312/603-4304 Oflice 312/603-9988 Fax

FAMILIAL RELATIONSHIP DISCI,OSURE PROVISION

Nenetism Disclosure Reuuirement:

Doing a significant amount of business with the County requires that you disclose to the Board of Ethics the existence of anyfamilial relationships with any County employee or any person holding elective olfice in the State of Illinois, the County, or jnany municipality within the County. The Ethics Ordinance defines a significant amount of business for the purpose of thisdisclosure requirement as more than $25,000 in aggregate County leases, contracts, purchases or sales in any calendar year.

Ifyou are unsure of whether the business you do with the County or a County agency will cross this threshold, err on the sideof caution by completing the attached familial disolosure form because, among other potential penalties, any person foundguilty of failing to make a required disclosure or knowingly filing a false, misleading, or incomplete disclosure will beprohibited &om doing any business with the County for a period of three years. The required disclosure should. be filed withthe Board of Ethics by January 1 of each calendar year in which you are doing business with the County and again with eachbid/pruposaVquotation to do business with Cook County. The Board of Ethics may assess a late Sing fee of $100pcr day alleran initial 30-day grace period.

The person that is doing business with the County must disclose his or her fiunilial relationships. If the person on the Countylease or contract or purchasing &om or selling to the County is a business entity, then the business entity must disclose thefamilial relationships of tbe individuals who are and, during the year prior to doing business with the County, were:

s its board of directors,~ its officers,a its employees or independent contractors responsible for the general administration of the entity,s its agents authorized to exeoute documents on behalf of the entity, and~ its employees who directly engage or engaged in doing work with the County on behalf of the entity.

Do not hesitate to contact the Board of Efidcs at (312) 603-4304 for assistance in determming the scope of any requiredfamilial relationship disclosure.

Addlfiensl Deflnltlonm

"Faml/tu/ relationship" means a person who is a spouse, domestic partner or civil union partner ofa County employee or State,County or municipal otficisl, or any person who is related to such an employee or official, whether by blood, marriage oradoptioa, as a:

LI PatentI.I Child

I'I Brother

Ll SisterIE Aunt

G UncleI I NieceLl Nephew

I'I Grandparent/1 GrandchildI I Father-in-lawU Mother-in-law1 I Son-in-lawI I Daughter-in-lawLI Brother-in-lawI I Sister-in-law

I I StepfatherI:I StepmotherLl Stepsoni I StepdaughterI I StepbrotherI I Stepsister11 Half brotherI:1 Half-sister

EDS-9 3/2015

CGGK COUNTY BOARD GF ETHICSFAbXXLIAL REX.ATXONSHII DISCX.OSURE FORXd

A. PERSON DOING GR SEEKING TG DG BUSINESS WITH THE COUNTY

Name of Pason Doing Business with thc County: RiChard C. Lee

Address of Person Doing Business with the County: 12424 South LOmbard Lane, A)sip, IL

phone number ofperson Doing Business with the county: 708-3714600

Email address ofPerson Doing Business with the County. aleclaireaffiliatedstearn.cOm

if Person Doing Business with the County is a Business Entity, provide the name, title and contact information for theindividual completing this disclosure (tn behalf of the Person Doing Business with the County:

Jim Murrav. Sales for Allltated Steam & Hot Water

708-371-0600

DESCRIPTION OF BUSINESS WITH THK COUNTYAppend addiikmal pages as needed and for cack County lease, coannca purchase or sale sough( andyorobtained daring the caieiidar year ofthe disclosure for rke proceeding calendar year ifdisclosure ir madeou January I), ideaiifyi

The lease number, contract number, purchase order nmnber, request for proposal number andior request forqualification number associated with the business yon are doing or seeking to do with the County:

1 545-14489

The aggregate dollar value of the business you are doing or seeking to do with the County: $ 93,200.00

The name, title and contact information for the County officia(s) or employee(s) involved in negotiating the businessyou are doing or seeking to do with the county: Brvan Johnson. Pioefitter

brvan.john son2Nicookcountyihgov

The name, title and contact information for the Counxt yofficial(s) or employe(s) involved in managing the businessyou are doing or seeking to do with the County: BfVan JchnSOO, PIDefitter

[email protected]

C. DISCLOSURE OF FAMILIAL RELATIONSHIPS WITH COUNTY EMPLOYEES OR STATE.COUNT YOR MUNICIPAL ELECTED OFFICIALS

Check ike iiax rkai applies and prow'de related information wit ere needed

tl The Person Doing Business with the County Is an individual and there is no familial relationship between thisindividual snd any Cook County employee or any person holding elective oifice in the State of Illinois, Cook County,or any municipality witlfin Cook County.

)t( The Person Doing Business with the County is a business entity and there is no famiTial relationship between anymember of this business entity's board ofdirectors, officers, persons responsible for general administration of thebusiness entity, agents authorized to execute documents on behalf of the business entity or employees directly

engaged in contractual work with the County on behalf of the business entity, and any Cook County employee or snyperson holding el'ective office in the State of Illinois. Cook County, or any municipality within Cook County,

EDS-10 3I2015

COOK COUNTY BOARD OP ETRlCSPA181LIAL RKLATIONSHfp DISCLOSURE FORM

0 The Person Doing Business with thc County h sn hsdivldual and there is a familial relationship between thisindividual snd at least one Cook County employee and/or a person or persons holding elective office in the State ofIllinois, Cook County, and/or any municipality within Cook County. The familial relationships are as follower

Name of Individual DougBusiness with the County

Name of Rdsted County Title and Position ofRelated Natore of FamilialEmployee or State, County or County Employee or State, County RelationshipMunictpth Elected Ofgcial or Municipal Blectcd Offfciat

Ifntotu space ls tteeded, o /tach an addi tlonnl sheet following the ahnve fonna/.

The Person Doing Business with tbe County is a business endty and there is a familial rtdationship between at leastone member ofthis business entity's board ofdirecttrrs, officers, persons responsible fur general aduunistration of thebusiness entity, agents authorized to execute documents on behalf of thc business entity and/or employees directlyengaged in contractual work with tbe County on behalf of the business entity, on thd one hund, and at least one CookCounty employee and/or a Person holding elective office in the State of illinois, Cook County, and/or anymunicipality within Cook County, on the other. The familial relationships are ss follows:

Name of Member of Board

ofDirector for Business

Entity Doing Business with

the County

N/A

Naine of Rctauxl Couiity Title and Position ofRelated Nature ofFamilialEinployce or State, County cr County Employee or State, County RelationshipMunicipal Elected Officisl or Municipal Elected Otffcial

Name of Officer for Business Name of Relaicd County Title and Position oi'Related

Entity Doing Business with Employee or State, County or Couniy Employeeor State, Countythe County Municipal Elected Offlcisl or Municipal Elected Official

N/A

Natura of FamilialRelationship

EDE-11 3/2tt15

Name ofPerson Resp oanbhfor the GeneralAdministration of the

Business Entity DoingBusiness with the County

Name of Related County Title sud Position ofRelatedEmployee or State, County or County Employee or State, CountyMunicipal Elected Otficial or Municipal Elected Official

Nanue of FamilialRehtionship

Name ofAgent Authorizedto Execute Documents forBustnms Entity DoingBusiness with the County

Name ofRdatcd County Title and Position of RelatedEmployee or State, County or County Employee or State, CountyMunicipal Blected Otffciat or Municipal Elected Otffciat

Nanna of FamilialRelationship

Name ofEmployee ofBusmess Entity DirectlyEngaged in Doing Businesswith tbe County

Name ofRelated County Title and Position ofRelated Nature of FamiTialEmployee or State, County or County Bmployee or State, County RelationshipMunicipal Elected Ofdtcial or Municipal Elected Official

Ifmore space is needed, attach an additional sheetfoifowlng the above format.

VERIFICATI: To the best of my knowledge, the information I have provided on this disclosure form is acourate andcomplete. owledge that an inaccurate or incomplete disclosure is punishable by law, including but not limited to finesand t. c M Auoust 19.2015Signature of Recipient Date

SUBMIT COMPI.ETED FORM TO: Cook County Board ofEthics69 West Washington Street, Suite 3040, Chicago, Illinois 60602Office (312)603-4304 —Fax (312)603-9988CookCounty.Ethics@co okcountyil.gov

Spume, domestic parlncr, civil union partner or parent, child, sibling, aunt, unde, niece, nephew, grandparent or tpandchildby blood, marriage (t.e. in laws and step relations) or adoption.

EDS-12 Sl2015

Exhibit VlMinority-Owned Business Enterprise

andWomen-Owned Business Enterprise Utilization Plan

SSSEIVVBE UTILLZATI()M FLAM - FORM 1

BIDDERIPROPOSER HEREBY STATES that afi MBBWBE firms induced in thh Plan are certified MBEclWBEa by al least one of the entitles listed in the GsnsigCondifions- Secfion fb

I. BIDDERIPRO POSER NBENBE STATU8: {check the appmprirm Sne)

BiChleiipreprmr is a cerlified MBE or WBE firre. (If so, susen copy of current Lefier of Certlfication)

Bidde&opruer ia a Joint Van{we and one Or more Joint VanWre partners am cerfifisd MBEs or y!SEs, (If so, amch copies of Latter(e) oicerlificaficn, a espy uf Joint venture Agreamenl dearly describing the role of Ihe MBBWBE finn(s) anu fis ownership interest in the JointVeetum sul s umpleted Joint Ventwe Affifievfi- svalhble online at weu.ccckcocntvll.ooviccntredmnufbnce)

X BidderIPnmmz is not e certified MSE or WBE finn, nor s Joint Venture wfih MBENBE pannera, bul Will utilize MBE end WBE firms eitherdirectlyarhdirecfiy in the perfonnance of the contracL (If so, complete secficns 8 below end the Lever(s) of Intent —Form 2),

B. + Dimct Par%patton of MBEIWBE Rrms + Indirect Pardwpatlcn of MBENBE Fbms

MDTE: whee Boats have not bosn pohievsd swough direct parBelpadon, Bldderlprapossr shall Include documentation outBn)n8 affotfis toachieve Direct Parttclpadon at the time of BidlProposal submission. Indirect Participation will only be considered Mfirw aB efforts toachlevu Dhsct Participafion have been exhausted. Only after written documerdu5on of Good FaMI Bforts is received will indirectParthdpafihm be conshmrsd.

MBEs/WBEa thai will perform ss subconlmctors/suppfisrslconsullsnta include Sm foficwlng;

MBEIWSE Fkm: N//h

Address:

E-mafi:

Contact peiccrc

Dollar Amount Peril cipation: 8

Peri enl Amcunl of Parlici pelion:

'Lefier of Intent attached'I Yee'CucerfiLefier of Certificsfion eaached2 Yes

MBENSEFhu )v)/A

Address:

E-mfik

Contact Pemcn:

Dollar Amount Parficipation: 8

Percent Amount of Participation:

'Lstler cf Intent atlached7 Yea'Cunentleiter cf Cerfificstion suached2 Yea

No

No

Attach ailiical aheeis as needmfi

'etter(s) of Intent and current LeUers of CertificsSon Myles be submitted at the time of bid.

M/WSE Utilization Plan - Form 1 Revised Of/29/2014

MSE/th/SE LETTER OF INTENT - FORM 2

M/WEE Firm; [d/A

Contact Person,

Address:

City/State:

Phone: Fax:

Cerfifying Agency;

Certification Expiration Date:

Ethnicity:

Brd/PropoadyContract I/:

FEIN R

Email:

Participation: [ ]Direct [ [Indirect

Wd the M/WSE firmbe subcontracting any of the goods or smvices of this contract to another firmT

[ ) No [ ) Yec- Please attach explanation. Proposed Subcontractor(s):

The undersigned NWBE is prepared lo pnndde the following Cammodities/Services for the above named Project/ ContracL gfmwa space is needed lo ha/y describe M/ISSE Finn'a proposed scope of work and/or patnnent schedule, a/tach arkffrkmal chaa/c/

Pd/A

Indicate the Doilar Amount, Pernenleae, and the Terms of Pavment for the abov&escdbed CommodEes/ Services:

THE UNDERSIGNED PARTIES AGREE that this Letter ol Infant will become s binding Subcontrmh Agresmeih for the abovework, conditioned upon (1) the Bidder/Proposer's receipt of a signed contract fimn ths County of Cook; (2) UndersignedSubcontractor remaining compliant with sg relevant credsnliah, codes, ordinances and staWtes rixtuked by Contractor, CookCounty, and Ihe State to participate as a MBE/WBE firm for Ihe above work. The Underdigned PaNes do also certify lhst theydid not af/ix their signatures to this document until ag areas under Description of Smvice/ Supply and Fes/Cost were completed,

b[/ASignature (MPVBE)

h[/ASignature (Pr/me 8/ddar/Propcasi)

Print Name Print Name

Firm Name Firm Name

Date

Subscribed end sworn before me

gris day of

Notary Pubic

Subscribed and sworn before ms

this day of

Notary Public

,20

SEAL

M/WBE Letter of intent - Form 2 Revised: 1/29/14

PETITION FOR REDUCTIONIWA'IVER OF DBEiWBE PARTICIPATiON - FOIBII 3

A BIDDER/PROPOSER HERESY REQUESTS:

X FULL MBE WAIVER X FULL WBE WAIVER

REDUCTION (PART)AL MBE and/or WBE PARTICIPATION}

'/o of Rsducgon for MBE Parittdpatlon

% of Reducgon for WBE Pargcipstion

B. REASON FOR FULLlREDUCTION WAIVER REQUEST

BidderlPmposer shall check tutch iism appficabte to its reason for 9 waiver request. Additionally, supporlingdocumenialion shall be submiged with this request,

X

(I) Lack of sufficient quaNied MBEs and/or WBEs capable of providing the goods or services required

by the contract. (Please explain)

(2) The specNcatlons and necessary requirements for performing the contract make it Impossible oreconomically infeasible to divide the contract to enable the contractor to uNizs MBEs and/or WBEsin accordance viigt the applicable pwgcipation. (Please «xpistn)

(3) Price(s) quoted by txrisntiat MBEs and/or WBEs are above competitive levels end increase cost ofdoing business and would make acceptance of such MBE and/or WBE bid economically

impracticable, taldng into conslderason the percentage of total contract price represenlad by suchMBE snd/or WBE bid. (Please explain)

(4) There are other relevant factors making it impossible or eoonomically infeasible to utilize MBE

and/or WBE firms. (Please explain)

C. GOOD FAITH EFFORTS TO OBTAIN MBEIWBE PARTICIPATION

(1) Made timely written solicitstlon to identNed MBEs and WBEs for utilization of IF>ods and/or

services; and provided MBEs snd WBEs with a timely opportunity to review and obtain relevant

specifications, terms and conditions of the proposal Io enable MBEs and WBEs to prepam aninformed response to solicitation. (ABach of copy wrigen solicitations made)

(2} Used the services and assistance of the ONce of Contract Compliance staff. (Please explain)

(3) Timely notified and used the services and assistance of community, minority end women

businessorganizations. (Attach of copy written solicitations made}

(4) Followed up on inifial solidtat ton of MBEs snd WBEs to determine if firms sre interested in doing

business. (Attach suppotttng documentation)

(5) Engaged MBEs S WBEs for direct/indirect participation. (Please explain)

D. OTHER RELEVANT INFORMATION

Attach any olher documenta5on relative to Good Faith Efforts in complying with MBE/WBE participation.

M/Waz Reduction/Waiver Request - Form 3 Revised: 01/29/14

OFFICE OF CONTRACT COMPUANCE

JACQIJELINE GOMEZ

DIRECTOR

118N. Qark, County Building, Room 1020 o Chicago, Illinois 60602 o (312) 603-5502

TONI PRECKWINKLE

PRESIDENT

Cook County Boanl

of Commfsslomrs

RICHARD R. BOYKIN

1st District

July 29, 2015

Ms. Shannon Andrews

Chief Procurement Officer

County Building, Room 1018Chicago, IL 60602

ROBERT STEELE

2nd District

Re: Contract ¹1545-14489Steam Heat and Chilled Water Cooling Coils

JERRY BUTLER

3rd Distdrct Dear Ms. Andrews:

STANLEY MOORE

4th District

DEBORAH SIMS

5th District

JOAN PATRICIA MURPHY

6th District

JESUS G. GARGA

7th District

LUIS ARROYOJR

8th District

PETER N. SILYESTN

9th District

BRIDGET GAINER

10th District

JOHN P. DALEY

11th District

The following bid for the above reference contract has been reviewed for compliance with theGeneral Conditions regarding the Minority- and Women-owned Business Enterprises Ordinance

and has been found to be responsive to the goods and service goal of 12.5% MBE and 9% WBE

participation.

Bidder: Affiliated Steam Equipment Company

Bid Amount: $93,200.00

Full MWBE Waiver: There are relevant factors making it impossible or economically infeasible toutilize MBE and/or WBE firms. Affiliated Steam Equipment Company is a manufacturer's

representative for HVAC products,

The Office of Contract Compliance has been advised by the Requesting Department that no other

bidders are being recommended for award. Additionally, please note that original forms were

used in the determination of the responsiveness of this contract.

JOHN A. FRITCHEY

12th District

LARRY SUFFREDIN

13th District

Jacqueline Gomez

Director

GREGG GOSUN

14th DistrictJG/la

TIMOTHY O. SCHNBDER

15th DistrictCc: Facilities Management

JEFFREY R. TOBOLSKI

16th District

SEAM M. MORRISON

17th District

$ Fiscal Responsibility 'f Innovative Leadership Transparency 8L Accountability fO» Improved Services

COOK COUNTYCONTRACT FOR SUPPLYDOCUMENT NO. 1545-34489

CORPORATE OFFICE:12424 S. Lombard Lane

Alslp, IL 60803-1863(708) 371-0600

Fax (708) 371-0670INTERNET:

www.afflllstedateam.corn

ILLINOIS REGION:471 S. Charter Sf)setMonticello, IL 61866

(217) 422-7878FAX (217) 875-7417

RE: Request to Waive MBE and WBE Compliance

Affiliated Steam Equipment Company is a manufacturer's representative forHVAC products and does not provide installation and/or labor services, andis therefore unable to find an avenue to integrate an MBE/WBE firm in acommercially useful function. As a result, we are requesting a waiver ofMBE/WBE participation.

Sincerely,

INDIANA REGIONr

690 W. Northfield Ddvs

Suite 400Brownsbur9, IN 46112

(317)858-7700FAX (317) 868-7711

Jim MurraySales Solution Representative

/ajl

IOWA REGIONr

758 Schmidt RoadSuite A4

Davenport, IA 52802

(563) 322-7744FAX (663) 322-5818

WISCONSIN REGIOlrh

W140 N5979 Lilly RoadMenomonee Falls, Wl 5S051

(262) 252-9945FAX (262) 252-9944

508 Carols Dr.

Little Chute, Wl 54140(920) 788-6660

FAX (920) 788-6634

SECTION 4

CONTRACT AND EDS EXECUTION PAGEPLEASE EXECUTE THREE ORIGINALS

The Applicant hereby certNes and warrants: that all of the statements, csrtlflcallons and representaaons sst forlh In this EDS aretrue, complete and correct; that ths Applicant is in full compliance and will continue to be In compliance throughout the term of theContract or County Privilege issued to the Applicant with all ths policies and requirements set forth in this EDS; and that all factsand information provided by the Applicant in this EDS are true, complete and correct. Ths Applicant agrees to inform the ChiefProcurement Officer in wNing if any of such statements, cerlilicagons, representations, facts or information becomes or is found tcbe untrue, Incomplete or incorrect during the term of the Contract or County Privilege.

Execution by Corpo n

Richard C. LeePresidenrs Name

708-371-0600

k~X WSecretary Signature

PrssldenYs Signature

aleclaireiaafrlliatedsteam.corn

Email

August 19, 2015Date

Execution by LLC

Member/Manager (Signature)* Date

Telephone Email

Execution by Partnership/Joint Venture

Partner/Joint Venturer (Signature)* Date

Telephone Email

Execution by Sole Proprietomhip

Signature Date

Telephone Email

Subscrittsd and swam to before ms thisday of W~, 20~5

V ~~c~~ T'LxrMNotary Public Signature

~ anrr Ivldl Iw IMUF VsNotary Public, Stats of illinois

My Commission Expires 3/24/2018If the operating agrsemsnt, partnership agreement or governing docum u ITIclllpie

managers, partners, or joint venturers, please complete and execute additional Contract and EDS Execution Pages.

EDS-13 3/2015

SECTION 5COOK COUNTY SIGNATURE PAGE

QN BEHALF OF THE COUNTY OF COOK, A BODY POLITIC AND CORPORATE OF THE STATE OF ILLINOIS, THIS CONTRACT IS HEREBY

EXECUTED BY:

COOK COUNTY CHIEF PROCUREMENT OFFICER

DATED AT CHICAGO, ILLINOIS THIS B- DAY OF MW45Y „8IN THE CASE OF A BID/ PROPOSAURESPONSE, THE COUNTY HEREBY ACCEPTS:

THE FOREGOING BID/PRDPOSAURESPONSE AS IDENTIFIED IN THE CONTRACT DOCUMENTS FOR CONTRACT NUMBER

1545- I 4489

ITEM($), SECTION(S), PART(S):

TOTAL AMOUNT OF CONTRACT: $ 93,200.00(DOLLARS AND CENTS)

FUND

CHARGEABLE.'PPROVED

AS TO FORM;

N/AASSISTANT STATE'S ATTORNEY

(Required on contracts over $1,000,000.00)

EDS-16 3/2016