77366_4.pdf

City Of Chicago Solicitation #77366,4

BRANDON JOHNSON SHARLA ROBERTS

MAYOR CHIEF PROCUREMENT OFFICER

Specification Number: 1337517 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

Construction Solicitation #77366,4 (BID)

1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-

TC)

Specification Number:1337517

Required for use by: DEPARTMENT OF WATER MANAGEMENT

Bid/Proposal Submittal Date and Time: 11:00 AM Central Time, 17-NOV-2026

Deadline for Questions: 02:00 PM Central Time, 22-OCT-2026 Buyer: SANDOVAL, SADI Email Address: sadi.sandoval@cityofchicago.org Phone Number: 312-744-0728 Pre-Solicitation Conference Date and Time: 11:20 AM Central Time, 22-OCT-2026 Pre-Solicitation Conference Location: Jardine Water Purification Plant, 1000 East Ohio Street, Chicago Site Visit Date & Time: N/A Site Visit Location: N/A

Please submit your response to:

http://www.cityofchicago.org/eProcurement iSupplier vendor portal registration is required.

Allow 3 business days to complete registration.

Specification Number: 1337517 Page 2 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

Table of Contents

1 Header Information

1.1 General Information

1.2 Terms

1.3 Requirements

1.4 Attachments

1.5 Response Rules

2 Price Schedule

2.1 Line Information

2.2 Line Details

2.2.1 Line 1

2.2.2 Line 2

2.2.3 Line 3

2.2.4 Line 4

2.2.5 Line 5

2.2.6 Line 6

2.2.7 Line 7

2.2.8 Line 8

Specification Number: 1337517 Page 3 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

1 Header Information

1.1 General Information

Title 1337517: SOUTHWEST PUMPING STATION TUNNEL

CONNECTION (SWPS-TC)

Description 1337517: SOUTHWEST PUMPING STATION TUNNEL

CONNECTION (SWPS-TC)

Amendment Date 15-OCT-2026 07:55:43

Amendment Description

CLARIFICATION 2

Preview Date 24-SEP-2026 08:00:00 Open Date 24-SEP-2026 08:00:00 Close Date 11:00 AM Central

Time, 17-NOV-2026 Award Date Not Specified

Time Zone Central Time Buyer SANDOVAL, SADI Quote Style Sealed Email sadi.sandoval@cityofchicago.

org Event Construction Outcome Standard Purchase Order

1.2 Terms

Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO

STREET

Chicago, IL 60611 United States

Bill-To Address 088-1005 DEPT OF WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

Payment Terms IMMEDIATE Carrier FOB Freight Terms

1.3 Requirements

<B>KEY SOLICITATION PARAMETERS</B>

BID DEPOSIT: 5% OF TOTAL BASE BID

Type No Response Required

PERFORMANCE BOND: 33-1/3% OF TOTAL BASE BID UPON CITY OF CHICAGO

NOTIFICATION

Type No Response Required

CONTRACT SPECIFIC GOALS: 20.0% MBE, 5.0% WBE, 2.0% VBE

Type No Response Required

FUNDING SOURCE: CITY FUNDED / IEPA LOANS

Type No Response Required

DPS UNIT: DESIGN AND CONSTRUCTION

Type No Response Required

DRAWINGS: BOOK 3

Type No Response Required Value Type Numeric Value only

MAPS: YES

Type No Response Required

Specification Number: 1337517 Page 4 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

<B>KEY SOLICITATION PARAMETERS</B>

Value Type Numeric Value only PRE-BID CONFERENCE: October 1, 2026, at 10:00 a.m., Central Time via in-person meeting at:

Jardine Water Purification Plant, 1000 East Ohio Street, Chicago, IL 60611. All Attendees must pre-register to participate.

Type No Response Required Enter the EDS number from your EDS Certificate and attach the certificate.

Value Type Numeric Value only Provide your answer below

1.4 Attachments

Name Data Type Description

ATTACHMENT 001

ADDENDUM 1

File ATTACHMENT 001: ADDENDUM 1

ATTACHMENT 002:

CLARIFICATION 1

File ATTACHMENT 002: CLARIFICATION 1

ATTACHMENT 003:

CLARIFICATION 2

File ATTACHMENT 003: CLARIFICATION 2

ATTACHMENT 01: eProc Appendix

File ATTACHMENT 01: eProc Appendix

ATTACHMENT 02: BOOK

File ATTACHMENT 02: BOOK 1

ATTACHMENT 03: BOOK

File ATTACHMENT 03: BOOK 2

1.5 Response Rules

Solicitation is restricted to invited suppliers Suppliers are allowed to view other suppliers' contract terms, notes and attachments Suppliers are allowed to respond to selected lines X Suppliers are required to respond with full quantity on each line X Suppliers are allowed to provide multiple responses Buyer may close the solicitation before the Close Date Buyer may manually extend the solicitation while it is open

Specification Number: 1337517 Page 5 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

2 Price Schedule

2.1 Line Information

Display Rank As No indicator displayed

Ranking Price Only Cost Factors None

Line Item, Rev Target Quantity

Unit Unit Price Amount

1 G-1 - LUMP SUM

PROJECT WORK -

All Work included in Contract Documents except Work included in Items G-2 through G-6 and SP-1 and SP-2

1 Lump Sum

2 G-2 - REPAIR OF

CONCRETE

CHIP/SPALLING

DEFECT - TYPE 2:

250 Linear Foot

3 G-3 - REPAIR OF

CONCRETE

CHIP/SPALLING

DEFECT - TYPE 3

100 Linear Foot

4 G-4 - REPAIR OF

CONCRETE

CHIP/SPALLING

DEFECT - TYPE 4

100 Linear Foot

5 G-5 - PARTIAL

DEPTH CONCRET

REPAIR

400 Square Foot

6 G-6 - FURNISHING

AND

INSTALLATION OF

REINFORCING BARS

FOR CONCRETE

REPAIR

1,000 Pound

7 SP-1 -

TEMPORARY

SECURITY-TUNNEL

CONNECTION

PROTECTION

COVER

1 Lump Sum

8 SP-2 - STAINLESS

STEEL SLIDE GATE

AND

APPURTENANCES ¿

EXTRA MATERIALS

1 Lump Sum

Specification Number: 1337517 Page 6 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

2.2 Line Details

2.2.1 Line 1 G-1 - LUMP SUM PROJECT WORK - All Work included in Contract Documents except Work included in Items G-2 through G-6 and SP-1 and SP-2

Category 91358. Start Price (USD) Not Specified Need-By Date Not Specified Target Price (USD) Not Specified

Ship-To Address C09

VARIOUS NEW

CONSTRUCTION

SITES

CHICAGO, ILLINOIS

Chicago, IL United States

2.2.2 Line 2 G-2 - REPAIR OF CONCRETE CHIP/SPALLING DEFECT - TYPE 2:

Category 91358. Start Price (USD) Not Specified

Need-By Date Not Specified Target Price (USD) Not Specified Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

2.2.3 Line 3 G-3 - REPAIR OF CONCRETE CHIP/SPALLING DEFECT - TYPE 3 Category 91358. Start Price (USD) Not Specified

Need-By Date Not Specified Target Price (USD) Not Specified Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

2.2.4 Line 4 G-4 - REPAIR OF CONCRETE CHIP/SPALLING DEFECT - TYPE 4 Category 91358. Start Price (USD) Not Specified

Need-By Date Not Specified Target Price (USD) Not Specified Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

2.2.5 Line 5 G-5 - PARTIAL DEPTH CONCRET REPAIR

Category 91358. Start Price (USD) Not Specified

Need-By Date Not Specified Target Price (USD) Not Specified Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

Specification Number: 1337517 Page 7 Type of Funding:

Title: 1337517: SOUTHWEST PUMPING STATION TUNNEL CONNECTION (SWPS-TC)

2.2.6 Line 6 G-6 - FURNISHING AND INSTALLATION OF REINFORCING BARS FOR

CONCRETE REPAIR

Category 91358. Start Price (USD) Not Specified Need-By Date Not Specified Target Price (USD) Not Specified

Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

2.2.7 Line 7 SP-1 - TEMPORARY SECURITY-TUNNEL CONNECTION PROTECTION COVER Category 91358. Start Price (USD) Not Specified

Need-By Date Not Specified Target Price (USD) Not Specified Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

2.2.8 Line 8 SP-2 - STAINLESS STEEL SLIDE GATE AND APPURTENANCES ¿ EXTRA

MATERIALS

Category 91358. Start Price (USD) Not Specified Need-By Date Not Specified Target Price (USD) Not Specified

Ship-To Address 088-1005 DEPT OF

WTR

1000 E OHIO STREET

Chicago, IL 60611 United States

CLARIFICATION NO. 2 / SPECIFICATION NO. 1337517

V. 12.14.24

OCTOBER 15, 2026

CLARIFICATION NO. 2

FOR

Southwest Pumping Station Tunnel Connection (SWPS-TC)

SPECIFICATION NO. 1337517 RFQ 77366, 4

For which Bids are scheduled to be received electronically on the eProcurement site, http://www.cityofchicago.org/eProcurement no later than 11:00 a.m., Central Time on October 22, 2026.

The following questions/answers will be incorporated in the above-referenced Specification (the “Contract Documents”) as noted. All other provisions and requirements as originally set forth, except as amended by previous addenda, remain in full force and are binding. Any additional work required by this Clarification shall conform to the applicable provisions of the original Contract Documents. Any and all addenda must be acknowledged by the Respondent in the Cover Letter of its response by referencing receipt of each Clarification number.

BIDDERS MUST ACKNOWLEDGE RECEIPT OF THIS CLARIFICATION ELECTRONICALLY

OR IN THE SPACE PROVIDED ON THE BID EXECUTION PAGE

SECTION 1. NOTICE OF REVISIONS/CHANGES/CLARIFICATION

REVISION DESCRIPTIONS

Question

I have a question regarding the process you expect general contractors to follow for subcontractor NDA execution on this project.

In Book 2, there are two separate NDA forms included (Attachment A and Attachment B). Kiewit has executed Attachment A and submitted it through the iSupplier portal.

For our subcontractors, is it your expectation that they obtain the NDA documents directly through the iSupplier system and then submit the signed and notarized forms back through iSupplier? Alternatively, may subcontractors execute the applicable NDA and return it directly to Kiewit for our records and administration?

We want to ensure we are following the project's required protocols and handling the distribution and collection of these documents correctly.

CLARIFICATION NO. 2 / SPECIFICATION NO. 1337517

Clarification

Consistent with the confidentiality framework established in the bid documents, including the requirement that Contractors utilize the Subs/Suppliers NDA, the Prime Contractor (Kiewit) is responsible for administering, collecting, and maintaining executed NDAs for all subcontractors and suppliers who require access to Confidential Information as part of preparing their bids or performing work. This includes ensuring that subcontractors execute the required NDA before any Confidential Information is shared, in accordance with the provisions governing disclosure to Subcontractors and Suppliers.

Under current City procedures and the structure outlined in the Special Conditions, subcontractors are not required to submit NDAs directly to DPS unless specifically stated in the solicitation. Instead, DPS may rely on the Prime Contractor (Kiewit) to certify or otherwise verify that all subcontractors accessing Confidential Information have executed the appropriate NDA and are bound by the same confidentiality restrictions.

This approach maintains the required chain of custody for Confidential Information, preserves the security measures contemplated in the Special Conditions, and aligns with standard City procurement practices and the confidentiality and nondisclosure obligations set forth in the NDA.

ALL REVISIONS INSCRIBED HEREIN WILL BE INCORPORATED INTO THE BID

SPECIFICATION PER CLARIFICATION NO. 2

END OF CLARIFICATION NO. 2

CITY OF CHICAGO SHARLA D. ROBERTS

DEPARTMENT OF PROCUREMENT SERVICES CHIEF PROCUREMENT OFFICER

CLARIFICATION NO. 1 / SPECIFICATION NO. 1337517

OCTOBER 14, 2026

CLARIFICATION NO. 1

SPECIFICATION NO. 1337517 RFQ 77366, 3

http://www.cityofchicago.org/eProcurement no later than 11:00 a.m., Central Time on October 22, 2026.

The following questions/answers will be incorporated in the above-referenced Specification (the “Contract Documents”) as noted. All other provisions and requirements as originally set forth, except as amended by previous addenda, remain in full force and are binding. Any additional work required by this Clarification shall conform to the applicable provisions of the original Contract Documents. Any and all addenda must be acknowledged by the Respondent in the Cover Letter of its response by referencing receipt of each Clarification number.

BIDDERS MUST ACKNOWLEDGE RECEIPT OF THIS CLARIFICATION ELECTRONICALLY

OR IN THE SPACE PROVIDED ON THE BID EXECUTION PAGE

1.

Correcting Pre-Bid Conference date in iSupplier system, only:

• Date: October 22, 2026

• Time and Location: Unchanged Jardine Water Purification Plant, 1000 East Ohio Street, Chicago at

10:00 AM

• Submission of a complete, signed, and notarized Non-Disclosure Agreement (NDA) via the designated bidder process is a mandatory requirement for attendance at the Pre-Bid Conference.

SPECIFICATION PER CLARIFICATION NO. 1

END OF CLARIFICATION NO. 1

ADDENDUM NO. 1 / SPECIFICATION NO. 1337517

OCTOBER 5, 2026

ADDENDUM NO. 1

SPECIFICATION NO. 1337517 RFQ 77366, 2

http://www.cityofchicago.org/eProcurement no later than 11:00 a.m., Central Time on November 17, 2026.

The following questions/answers will be incorporated in the above-referenced Specification (the “Contract Documents”) as noted. All other provisions and requirements as originally set forth, except as amended by previous addenda, remain in full force and are binding. Any additional work required by this Addendum shall conform to the applicable provisions of the original Contract Documents. Any and all addenda must be acknowledged by the Respondent in the Cover Letter of its response by referencing receipt of each Addendum number.

BIDDERS MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ELECTRONICALLY OR

IN THE SPACE PROVIDED ON THE BID EXECUTION PAGE

1.

The Pre-Bid Conference originally scheduled for October 1, 2026 is hereby reschedule as follows:

• New Date: October 22, 2026

• Time and Location: Unchanged (The time and location remains Jardine Water Purification Plant, 1000 East Ohio Street, Chicago at 10:00 AM)

The following requirement has been added to attend the Pre-Bid Conference: As described in the Specification, Book 3 contains Confidential Information. This information will be discussed at the Pre-Bid Conference.

Therefore, to be permitted to attend the Pre-Bid Conference, Bidders must have submitted a signed and notarized copy of the Non-Disclosure Agreement (NDA) referenced on Page 5 and 6 of Section 1 in Book 2.

The NDA be returned to DPS via Online Discussion and provided by October 20, 2026 at 11:59 p.m. as described in Revision 3 of this Addendum. If this requirement has not been met, Bidders will not be permitted to attend the Pre- Bid Conference.

ADDENDUM NO. 1 / SPECIFICATION NO. 1337517

2.

Book 2, Section One, Contract Information, Non-Disclosure Agreement language has been modified to add the following language:

Submission of a complete, signed, and notarized Non-Disclosure Agreement (NDA) via the designated bidder process is a mandatory requirement for attendance at the Pre-Bid Conference. If this requirement has not been met, Bidders will not be permitted to attend the Pre-Bid Conference.

3.

Book 2, Section One, Contract Information, Non-Disclosure Agreement language has been modified to add the following language:

NDA Deadline: October 20, 2026, at 11:59 p.m.

All NDAs must be signed, notarized, and submitted to DPS via Online Discussion prior to the NDA Deadline of October 20, 2026 to obtain access to Book 3 of the Specification.

Note: Bidders are strongly urged to submit the completed NDA as early as possible to prevent delays in receiving access to Book 3 and to allow Bidders sufficient time to review Book 3 and submit any questions prior to the questions due date on October 22, 2026.

SPECIFICATION PER ADDENDUM NO. 1

END OF ADDENDUM NO. 1

APPENDIX 1

ePROCUREMENT

This is an eProcurement Bid. Bids are to be submitted through the City's "iSupplier" system, the City's eProcurement computer system for electronic bidding and providing Contractors with access to contract, ordering and payment information for their City contracts. The following provisions apply to this bid and supersede any conflicting provisions in Books 1, 2, and 3.

1. Obtaining the Bid Documents Bidders are solely responsible for obtaining all Bid Documents, including Clarifications and Addenda.

Documents may be downloaded from the Department of Procurement Service's ("DPS") website at the following

URL:

http://www.cityofchicago.org/eProcurement

Click on "Current Bids."

In order to receive notice of clarifications and addenda, Bidders must be registered for and log-in to iSupplier, search for the solicitation number, open the solicitation for review, and accept the disclaimer. This will sign Bidders up for notifications.

Bid Document Holders are listed on the Bid & Bond Room Opportunity Take Out List. The Opportunity Take Out List is public information and is posted to the DPS web site at www.cityofchicago.org/TOL. To find Opportunity

Started Online, click "Opportunities" and search by the specification number.

2. Clarifications and Addenda The City will send an email notification to suppliers who have indicated intent in a Bid that an addendum or clarification has been issued. The Clarifications and Addenda incorporated into the electronic bid document available at the following URL:

https://www.cityofchicago.org/eProcurement

Suppliers that have indicated interest in a Bid will receive email notification that an addendum or clarification has been issued. There may be multiple Clarifications and Addenda. Failure to obtain Clarifications and/or Addenda, for whatever cause, will not relieve a Bidder from the obligation to bid according to and comply with any changed or additional terms and conditions contained in the Clarifications and Addenda.

Electronic Acknowledgement of Clarifications and/or Addenda is mandatory to submit an electronic Bid. Any harm to the bidder resulting from failure to obtain all necessary documents, for whatever cause, will not be valid grounds for a protest against award(s) made under this bid solicitation.

3. Questions Regarding the Bid Documents; Bidder Inquiry Deadline All inquiries regarding the Bid Documents or procurement process may be directed to the Procurement Specialist/Senior Procurement Specialist in iSupplier via online discussion or via email at the email address listed on the front cover of the Bid Documents.

The Bidder Inquiry Deadline is listed on the front cover of the Bid Documents under "Deadline for Questions." Inquiries received after the Bidder Inquiry Deadline will not be answered except at the discretion of the Chief Procurement Officer.

Bidders may only rely on written answers in a Clarification or in an Addendum duly issued by the Chief Procurement Officer. Bidders cannot rely on oral or informal responses; such answers will not be binding upon the City.

4. Preparation of Bids & Completion of the Bid Documents

Each Bidder must complete all of the forms listed on the Bid Submittal Checklist (with the exception of the Proposal Pages) in the Requirements section and scan and upload them as attachments to the electronic bid submission.

Bidders may not change any of the Bid Documents. Any changes made by a Bidder to the Bid Documents may result in rejection of the Bid, and will not be binding upon the City.

Bidders must submit their pricing electronically by filling out bid lines in the electronic Price Schedule in the iSupplier system.

Bidders must use the Bid Execution Page that is appropriate for their form of business organization (e.g., sole proprietorship, corporation, partnership, or joint venture). The individual(s) that sign the Bid Execution Page on behalf of the Bidder, by their signature, represents and warrants to the City that such individual is authorized to execute bids and contracts on behalf of the Bidder, and that the Bidder agrees and shall be bound to all of the terms and conditions of the Bid Documents and, upon execution by the City, the Contract Documents. Signatures must be sworn before a Notary Public. The form must be printed, signed, notarized and scanned then uploaded as an attachment to the electronic bid submission.

5. Submission of Bids - Date, Time, and Place

Bids are to be submitted electronically to the Department of Procurement on the date and prior to the time stated on the Cover Page of the Bid Documents, or any addendum issued by the City to change such Bid Opening Date. No bid will be accepted after the Bid Opening Date. The time of the receipt of the bid will be determined solely by the

6. Bid Deposit 5% of the Total Base Bid

When submitting an electronic bid, scan and upload a copy of your bid deposit with your submittal documents. The 1st and 2nd apparent low bidders will be required to deliver their original and properly executed bid deposit to the Bid & Bond Room within 2 business days following the Bid Opening Date.

PROJECT NO. 21-103

BOOK 1

TERMS AND CONDITIONS FOR CONSTRUCTION

Southwest Pumping Station Tunnel Connection (SWPS-TC)

SPECIFICATION NO. 1337517

CITY OF CHICAGO

DEPARTMENT OF WATER MANAGEMENT

BRANDON JOHNSON

MAYOR

Issued by the

DEPARTMENT OF PROCUREMENT SERVICES

SHARLA D. ROBERTS

CHIEF PROCUREMENT OFFICER

IEPA Funding

May 2026

(The City may from time to time revise these terms and conditions)

Department of Water Management Terms and Conditions for Construction Contract - Book 1

IEPA Loan Funded Table of Contents i

TABLE OF CONTENTS

I.GENERAL PROVISIONS ................................................................................................................................. ……1

A. ACRONYMS

B. DEFINITIONS

C. USAGE AND CONTRACT INTERPRETATION

D. SEVERABILITY

E. ESTIMATES OF QUANTITIES

F. ORDER OF PRECEDENCE OF COMPONENT CONTRACT PARTS

G. ENTIRE AGREEMENT

II. PROJECT ORGANIZATION

A. THE COMMISSIONER

B. THE CHIEF PROCUREMENT OFFICER

C. CONTRACTOR

III. CONTRACTOR’S OBLIGATIONS

A. CONTRACTOR

B. SUBCONTRACTORS

C. SITE CONDITIONS AND INSPECTION

D. CLEANING UP

E. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS

IV. PROPERTY

A. OWNERSHIP OF PROPERTY

B. OWNERSHIP OF DETAILED SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS

C. RIGHT OF ENTRY

D. DAMAGE TO CITY PROPERTY

E. RIGHT TO OCCUPY BEFORE SUBSTANTIAL COMPLETION

F. FINAL COMPLETION AND ACCEPTANCE OF THE WORK

V. SHOP DRAWINGS, PRODUCT DATA, RECORDS AND SAMPLES

A. CONTRACTOR'S RESPONSIBILITIES AND SUBMITTAL PROCEDURES

B. REVIEW BY THE COMMISSIONER

C. SOURCE OF MATERIALS

D. RECORD DOCUMENTS

E. RECORD DRAWINGS

F. RECORD SHOP DRAWINGS AND PRODUCT DATA

G. CONSTRUCTION PROGRESS PHOTOGRAPHS

H. INSTRUCTIONS, PARTS LIST AND OPERATION AND MAINTENANCE MANUALS

I. ADJUSTMENT OF EQUIPMENT

J. PROJECT ACCOUNT RECORDS

VI. ASSIGNMENT

A. ASSIGNMENT OF CONTRACT BY CONTRACTOR

B. ASSIGNMENT OF FUNDS OR CLAIMS BY CONTRACTOR

C. ASSIGNMENT OF CONTRACT BY CITY

D. ASSIGNS

E. REQUESTS TO SUBCONTRACT

IEPA Loan Funded Table of Contents ii

VII. QUALITY OF WORKMANSHIP, EQUIPMENT AND MATERIALS

A. STANDARD OF PERFORMANCE

B. CORRECTION OF WORK

C. MATERIALS AND EQUIPMENT

D. SUBSTITUTION OF MATERIALS

E. WARRANTIES

VIII. PERSONNEL

A. COMPETENCY OF WORKERS

B. SUPERVISION AND SUPERINTENDENCE

C. CONTRACTOR'S PROJECT PERSONNEL

D. KEY PERSONNEL

E. DAVIS-BACON PREVAILING WAGES

F. MINIMUM WAGE, MAYORAL EXECUTIVE ORDER 2014-1

G. INTENTIONALLY OMMITTED .................................................................................. ……………………………………………….33

H. WORKING HOURS IN CITY CONTRACTS

IX. PERMITS AND LICENSES

A. CONTRACTOR OBTAINS PERMITS

B. CONTRACTOR PAYS PERMIT FEES

C. OCCUPANCY PLACARD AND FEES

X. COORDINATION WITH OTHER CITY DEPARTMENTS

A. WATER SYSTEM WORK AND USAGE

B. SEWER SYSTEM WORK

C. PARKING METER REMOVAL AND REPLACEMENT

D. TRAFFIC AND PARKING SIGN REMOVAL AND REPLACEMENT

E. TREES

F. DEMOLITION

XI. SCHEDULE

A. TIME

B. PROGRESS SCHEDULE

C. CONSTRUCTION OPERATIONS PLAN

D. CRITICAL PATH METHOD (“CPM”) SCHEDULE

E. RECOVERY SCHEDULE

F. TIME FOR COMPLETING PUNCH LIST

G. NO DAMAGES FOR DELAY; EXTENSIONS OF TIME

H. SUSPENSION OF WORK

I. LIQUIDATED DAMAGES

XII. MEETINGS

A. PRE-CONSTRUCTION MEETING

B. WEEKLY REVIEW MEETINGS

C. MONTHLY REVIEW MEETINGS

XIII. PAYMENTS

A. CONTRACT PRICE

B. PROCEDURE FOR MONTHLY PAYMENT REQUESTS AND FINAL PAYMENT

C. PAYMENT FOR STORED MATERIAL

IEPA Loan Funded Table of Contents iii

D. RETAINAGE

E. PROMPT PAYMENT TO SUBCONTRACTORS

F. PAYMENTS WITHHELD

G. PAYMENT FOR CHANGES

H. NIGHT, SUNDAY AND HOLIDAY WORK

I. ACCELERATION

J. PAYROLL CANVASS REPORTS

K. ELECTRONIC ORDERING AND INVOICES

XIV. CHANGES IN THE WORK

A. CITY’S RIGHT TO CHANGE WORK

B. CONTRACTOR’S REQUEST

C. CONTRACT MODIFICATION

D. CONTRACTOR'S RELEASE

E. PERFORMANCE OF CHANGED WORK

F. CHANGE CLAIMS AND DISPUTES

XV. TESTING & INSPECTION

A. MATERIAL, INSPECTION AND RESPONSIBILITY

B. INSPECTION OF THE WORK

C. MATERIALS AND EQUIPMENT TESTING AND INSPECTION

D. TESTING LABORATORY LABELS

XVI. CONTRACTOR PRACTICES AT SITE

A. COOPERATION AMONG CONTRACTORS

B. PROTECTION OF PERSONS AND PROPERTY

C. PROTECTION OF STREETS, ALLEYS AND PUBLIC GROUNDS

D. PROTECTION OF EXISTING TREES IN THE RIGHT OF WAY

E. CARE OF EXISTING STRUCTURES AND PROPERTY

F. PRECAUTIONS AND SAFETY

G. HEALTH, SAFETY AND SANITATION

H. HAZARDOUS OPERATIONS AND SECURITY

I. SERVICES AND USE OF SITE

J. REPORTS AND PLANS

XVII. ENVIRONMENTAL REQUIREMENTS

A. COMPLIANCE WITH ENVIRONMENTAL LAWS

B. ENVIRONMENTAL PERMITS

C. DISPOSAL OF MATERIALS, CONSTRUCTION DEBRIS, SOIL AND WASTE

D. EQUIPMENT AND ENVIRONMENTAL CONTROL DURING TRANSPORT

E. ENVIRONMENTAL CONTROL

F. OPEN DUMPING PROHIBITED

G. ENVIRONMENTAL PROTECTION

H. CLEAN DIESEL FLEET (SECTION 2-92-595 OF THE CHICAGO MUNICIPAL CODE)

XVIII. INSURANCE, INDEMNITY AND BONDS

A. INDEMNITY

B. CONTRIBUTION

C. ADMIRALTY

D. PERFORMANCE AND PAYMENT BONDS

IEPA Loan Funded Table of Contents iv

E. INSURANCE

XIX. CLAIMS AND DISPUTES

A. GENERAL

B. CLAIMS

C. DISPUTES

XX. EVENTS OF DEFAULT AND TERMINATION

A. CHIEF PROCUREMENT OFFICER'S RIGHT

B. EVENTS OF DEFAULT

C. REMEDIES

D. NONEXCLUSIVITY OF REMEDIES

E. ADJUDICATION OF TERMINATION

F. EARLY TERMINATION

G. NON-APPROPRIATION

XXI. COMPLIANCE WITH ALL LAWS

A. CONTRACTOR MUST COMPLY WITH ALL LAWS

B. CIVIL RIGHTS ACT OF 1964, TITLE VI, COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS

C. BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS

D. INSPECTOR GENERAL

E. GOVERNMENTAL ETHICS ORDINANCE

F. FALSE STATEMENTS

G. AMERICANS WITH DISABILITIES ACT

H. PROHIBITION ON CERTAIN CONTRIBUTIONS – MAYORAL EXECUTIVE ORDER 2011-4

I. LICENSING OF GENERAL CONTRACTORS

J. BUY AMERICA

K. STEEL PRODUCTS

L. NO WASTE DISPOSAL IN PUBLIC WAY MCC 11-4-1600(E)

M. DEEMED INCLUSION

N. FIRMS OWNED OR OPERATED BY PEOPLE WITH DISABILITIES

O. 2014 CITY HIRING PLAN PROHIBITIONS

P. DUTY TO REPORT CORRUPT ACTIVITY

Q. EQUAL PAY

R. ELECTRONIC MAIL COMMUNICATION

S. WHEEL TAX (CITY STICKER)

T. ECONOMIC DISCLOSURE STATEMENT AND AFFIDAVIT AND APPENDIX A ("EDS")..

U. SAFETY ENHANCING VEHICLE EQUIPMENT CONTRACTING (MCC 2-92-597)

V. POLICY PROHIBITING SEXUAL HARASSMENT (SECTION 2-92-612 OF THE CHICAGO MUNICIPAL CODE) W. POLICY ON NON-DISCLOSURE OF SALARY HISTORY (SECTION 2-92-385 OF THE CHICAGO MUNICIPAL CODE)

XXII. MISCELLANEOUS

A. COUNTERPARTS

B. MODIFICATIONS

C. NO WAIVER OF LEGAL RIGHTS

D. GOVERNING LAW

E. CONSENT TO SERVICE OF PROCESS AND JURISDICTION

F. CONTRACTOR COOPERATION

IEPA Loan Funded Table of Contents v

G. JOINT AND SEVERAL LIABILITY

H. NO THIRD PARTY BENEFICIARIES

I. NOTICES

J. AUTHORITY

K. SOFTWARE LICENSE AGREEMENTS

XXIII. SPECIAL CONDITIONS REGARDING MINORITY OWNED BUSINESS ENTERPRISE

COMMITMENT AND WOMEN OWNED BUSINESS ENTERPRISE COMMITMENT IN

CONSTRUCTION CONTRACTS

XXIV. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) REQUIREMENTS

A. IEPA LOAN PROVISIONS

B. USEPA/IEPA DAVIS-BACON WAGE GUIDANCE

C. AMERICAN IRON AND STEEL

D. EMPLOYMENT OF ILLINOIS WORKERS ON PUBLIC WORKS ACT

IEPA Loan Funded I. General Provisions 1

I GENERAL PROVISIONS

A. Acronyms “ACI” - American Concrete Institute “AED” - Associated Equipment Distributors “AISC” - American Institute of Steel Construction.

“ANSI” - American National Standards Institute.

“ASME” - American Society of Mechanical Engineers.

“ASTM” - American Society for Testing and Materials “EDS” - See Section XXI.H.

“CTA” - Chicago Transit Authority

“FEPC” - Fair Employment Practices Commission.

“IEPA” - Illinois Environmental Protection Agency.

“IDOT” - Illinois Department of Transportation.

“NEC” - National Electric Code.

“NFPA” - National Fire Protection Association “NEMA” - National Electrical Manufacturer’s Association.

“OSHA” - U.S. Occupational Safety and Health Administration

Definitions

1. “Architect/Engineer” means the person designated by the Commissioner to provide the

Contract drawings and Detailed Specifications for the Work you are to perform.

2. “Business Days” means Monday through Friday, unless an officially designated City holiday falls on one of those days. By contrast, see “Day” (I.B.15).

3. “Chief Procurement Officer” means the Chief Procurement Officer for the City of

Chicago, and any representative duly authorized in writing to act on his/her behalf.

4. “City” means the City of Chicago, a municipal corporation and home rule unit of government existing under the Constitution of the State of Illinois.

5. “Commissioner” means the head of the Department and any designee duly authorized in writing to act on his/her behalf. See also I.B.17.

6. “Comptroller“ means City Comptroller or his designated representative.

7. “Consultant(s)” refers to the person, firm or corporation awarded a contract by the City to provide professional architectural or engineering design services or construction supervision for the Project.

8. “Contract” means this Contract, including your bid proposal (as accepted by the City), the City’s bid specification, which includes Books 1, 2, and 3, plans and drawings, addenda, all exhibits and schedules that are attached to it and documents incorporated in it by reference; fully executed performance and payments bond(s); and all amendments, modifications, or revisions made from time to time in accordance with its terms.

IEPA Loan Funded I. General Provisions 2

9. "Contract Completion Date" is the date, determined by the Commissioner, on which the Project is to reach Substantial Completion. The Contract Completion Date will be determined based on the duration for the Project set by the Contract as adjusted by any Contract modifications that extend or reduce the duration of the Project.

10. “Contract Modification” means a written modification of the terms and conditions of this Contract, signed by you, the Chief Procurement Officer, the Mayor and the Comptroller.

11. “Contractor” or “you” means the person who is awarded the Contract.

12. “Contract Price” is defined in Section XIII.A.

13. “Contract Time” is the duration of the Work from when the Work is required to begin until the scheduled date for Substantial Completion, including approved time extensions. See I.B.42.

14. “Corporation Counsel” means the head of the City’s Department of Law and any Assistant Corporation Counsel duly authorized to act on the Corporation Counsel’s behalf.

15. “Day” means calendar day.

16. “Daytime Work” means work performed between the hours of 6:00 a.m. to 6:00 p.m.

17. “Department” means the City Department identified on the cover of this Contract.

18. “Detailed Specifications” means the written requirements for materials and equipment to be used in the Work, including any plans or drawings, and standards of performance for the Work, which are set forth in Book 3 or incorporated by reference.

19. “Environmental Laws” means all applicable Federal, State, and local laws, ordinances, rules, regulations, and executive orders pertaining to environmental matters.

20. “Equipment” means all machinery and equipment, together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper and acceptable completion of the Work.

21. “Field Order” means the written order to you, signed by the Commissioner, unilaterally directing changes in the Work or the Contract Time, or directing you to take corrective action and to adhere to Contract.

22. "Final Completion and Acceptance of the Work " means the last date on which all of the following events have occurred: (i) the Commissioner has determined that all Punch List Work and any other remaining Work have been completed in accordance with the Contract; (ii) final inspections have been completed and operations systems and equipment testing have been completed; (iii) final occupancy certifications have been issued; (iv) all deliverables have been provided to the Commissioner; and (v) all contractual requirements for final payment have been completed.

23. “Hazardous Materials” means asbestos and asbestos-containing materials, polychlorinated biphenyls (PCBs), oil or any other petroleum products, natural gas, IEPA Loan Funded I. General Provisions 3 special nuclear materials, and by-product materials regulated under the Atomic Energy Act (42 U.S.C. Sec. 2014, et seq.), pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Sec. 136, et seq.) and any hazardous waste, toxic substance or related material, including any substance defined or treated as "hazardous waste," “special waste,” or "toxic substance" (or comparable term) in any Environmental Law.

24. “Include” (in all of its forms) means “include without limitation” unless the context clearly indicates otherwise.

25. “Management Consultant” or “Program Manager” means the organization or entity, if any, that the City has retained to oversee the planning, design, and construction of the Project.

26. “Municipal Code” means the Municipal Code of Chicago.

27. "Night Work" means work performed between the hours of 6:00 p.m. and 6:00 a.m. unless otherwise defined in the plans.

28. “Notice to Bidders” means the Advertisement for Bids, the official notice inviting bids for the proposed Work to be done under this Contract.

29. “Notice to Proceed” means written authorization from the Commissioner for you to commence the Work on a specified date.

30. “Product Data” are illustrations, standard schedules, performance charts, instructions, descriptive literature, catalogs and brochures, performance and test data, test certifications, diagrams and other information furnished by you to illustrate a material, product or system for some portion of the Work.

31. “Project” means, collectively, the improvements you are to construct in accordance with the Contract.

32. “Property Owner” means the person(s) who have signed the Right of Entry and Release Form provided by the City to the Contractor

33. “Provide” means furnish and install, unless otherwise specified in this Contract.

34. “Punch List” or “Punch List work” means minor adjustments, repairs or deficiencies in the

Work, as determined by the Commissioner in his sole discretion.

35. “Record Documents” are all documents pertaining to the completed Work and the Project that the Contract requires you to provide to the City, including Record Drawings, Record Shop Drawings, product data, instructions, parts list, certified payrolls and operations and maintenance manuals.

36. “Record Drawings” means drawings reflecting the final built Project configuration, including approved modifications.

37. “Samples” mean physical examples that illustrate materials, equipment or workmanship.

Samples include materials, fabricated items, equipment, devices, appliances, or parts of them, as called for in the Detailed Specifications and any other Samples that may be required by the Commissioner to determine whether the kind, IEPA Loan Funded I. General Provisions 4 quality, construction, workmanship, finish, color and other characteristics of the materials proposed by you conform to the required characteristics.

38. “Shop Drawings” means drawings, diagrams, schedules and other data specially prepared for the Work by you or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop Drawings include: fabrication, erection, layout and setting drawings; manufacturer's standard drawings; schedules; wiring and control diagrams; and other drawings pertaining to materials, equipment and systems and methods of construction that may be required to show that the materials, equipment or system conform to the Contract requirements. Shop drawings must establish the actual detail of all manufactured and fabricated items and indicate the proper relation to the adjoining Work.

39. “Special Wastes” means those substances as defined in the Illinois Environmental Protection Act, 415 ILCS 5/3.45, and further defined in Section 809.103 of 35 Illinois Administrative Code, Subtitle G, Ch. 1.

40. “Subcontractor” means any person or entity with whom you contract to provide any part of the Work, and all subcontractors of any tier, including suppliers and material persons, whether or not in privity with you.

41. “Submittal” means Schedule, Shop Drawings, Product Data or Samples and other items that the Contract may require you to submit to the Commissioner.

42. “Substantial Completion Date” is the date upon which you have met the requirements for Substantial Completion in the opinion of the Commissioner.

43. “Substantial Completion of the Project” or “Substantial Completion” means that, in the opinion of the Commissioner, you have completed all Work in accordance with the Contract, except for Punch List Work, and the City is able to occupy and use the Project for the purpose intended.

44. “Work” means all labor, materials, equipment, deliverables, and other incidentals to be provided by you under this Contract that are necessary or convenient to the successful completion of this Project and that are required by, incidental or collateral to the Contract.

45. “You” means “Contractor.” See above.

B. Usage and Contract Interpretation

1. Unless a contrary meaning is specifically noted elsewhere, words such as, “as required,”

“as directed,” “as permitted,” and similar words mean that requirements, directions of, and permission of the Commissioner are intended. The words “approved,” “acceptable,” “satisfactory,” or words of like import, mean “approved by,” “acceptable to,” or “satisfactory to” the Commissioner. The words “necessary,” “proper,” or words of like import as used regarding the extent, conduct or character of the Work specified means that Work must be conducted in a manner, to the extent, or be of character that is “necessary” or “proper” in the opinion of the Commissioner. The Commissioner’s judgment in these matters is final and you are not permitted to contest it.

IEPA Loan Funded III. Contractor's Obligation 5

2. Where the imperative form of an address is used, such as “perform the excavating,” “provide equipment required,” “remove obstructions encountered,” “furnish and install reinforcing steel bars,” etc., that address is directed to you .

3. Any headings in this Contract are for convenience of reference only and do not define or limit its terms or provisions. All article and section references, unless otherwise expressly indicated, are to sections of this Contract. Words importing persons include firms, associations, partnerships, trusts, corporations, joint ventures and other legal entities, including public bodies, as well as natural persons. Words of any gender include correlative words of other genders. Words importing the singular number include the plural and vice versa, unless the context otherwise indicates. All references to any exhibit or document include the latest version and all supplements and/or amendments to any such exhibits or documents. All references to any person or entity include any person or entity succeeding to the rights, duties, and obligations of those persons or entities in accordance with the terms and conditions of this Contract.

4. Whenever reference to a law is contained in this Contract, the reference includes any amendments to the law.

C. Severability

If any provision of this Contract is inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions because it conflicts with any other provision of this Contract, or of any constitution, statute, ordinance, rule of law, or public policy, or for any other reason, those circumstances will not render the provision in question inoperative or unenforceable in any other case or circumstance, or render any other provision or provisions of this Contract invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any phrases, sentences, clauses, or sections contained in this Contract will not affect the remaining portions of this Contract or any part of it.

D. Estimates of Quantities

If an estimate of quantities of Work is listed in the Bid Schedule of Prices, you understand that:

1. the estimate is approximate only;

2. the City does not expressly or by implication represent or warrant that the actual quantities involved will correspond to the estimate;

3. payment to you will be made only for the actual quantities furnished and installed in accordance with the terms of this Contract; and

4. the Chief Procurement Officer and the Commissioner reserve the right to jointly order, in writing, to increase, decrease or delete quantities of Work pursuant to all terms and conditions of the Contract.

IEPA Loan Funded III. Contractor's Obligation 6

E. Order of Precedence of Component Contract Parts

The order of precedence of the component contract parts is as follows:

1. Terms and Conditions;

2. Addenda if any;

3. Plans or City Drawings;

4. Detailed Specifications; (in the event of inconsistencies between the Geotechnical

Baseline Report [GBR] and the Geotechnical Data Report [GDR], the GBR takes precedence);

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

6. Advertisement for Bids;

7. Requirements for Bidding and Instructions to Bidders; and

8. Performance Bond, if required.

The foregoing order of precedence governs the interpretation of the Contract in all cases of conflict or inconsistency in it.

F. Entire Agreement The Contract constitutes the entire agreement between the parties with respect to its subject matter, and no other oral or written understandings, representations, inducements, consideration, promises, or interpretations are implied or impressed upon this Contract that are not expressly addressed in it.

II. PROJECT ORGANIZATION

A. The Commissioner For the purposes of this Contract, the Commissioner, or any successor office to the Commissioner, will represent the City in all matters relating to the performance of your Work under this Contract and will constitute the point of receipt for all deliverables required under this Contract, unless expressly specified otherwise in this Contract. The Commissioner will decide all questions that arise with regard to the administration of the Contract such as to the quality and acceptability of materials furnished, the Work performed and rate of progress of the Work. The Commissioner will determine the amount and quality of Work performed and materials furnished and their estimates. The Commissioner's estimate will be a condition precedent to your right to receive money due under the Contract, but then only if the modifications or amendments to the Contract are approved in accordance with Article XIV, “Changes in the Work."

B. Ownership of Detailed Specifications and Other Contract Documents

1. The Detailed Specifications, plans and any copies of them furnished by the Commissioner are the property of the City. They are not to be used on other work. The City is the owner (“Owner”) of the Project. The City will provide you the number of Detailed Specifications and plans determined appropriate by the City. The City may provide you with additional

IEPA Loan Funded III. Contractor's Obligation 7 copies at your request and at your cost. You are responsible for any loss or damage to the Detailed Specifications and plans while in your care and custody, and you must restore all Detailed Specifications and plans that may be lost or damaged. Contract documents will be furnished as follows:

Contract Plans: 2 Sets Subsequent Details: 2 Sets Specifications and Contract Documents: 2 Sets

2. You must obtain specifications issued by organizations other than the City to which reference is made in the City's documents at your own expense. You must also retain them at the Work site and make them accessible to the Commissioner.

3. The City is the Owner of the Project as defined in Section B. All documents, data, studies, reports, and instruments of service prepared for or by the City under this Contract are the property of the City. During the performance of your Work, you are responsible for any loss or damage to documents while in your possession or the possession of a Subcontractor and you must restore any such document so lost or damaged at your expense.

You must deliver, or cause to be delivered, at any time during the term of this Contract, all documents, including drawings, models, specifications, estimates, reports, studies, maps, and computations, prepared by or for the City, under the terms of this Contract to the City, promptly upon reasonable demand for them or upon termination of the Work. If you fail to deliver them when required, then you must pay the City all damages the City may sustain by reason of the failure, including consequential damages.

C. The Chief Procurement Officer

D. The approval of the Chief Procurement Officer is required to enter this Contract and to modify it.Contractor

The Work is under your charge and care until Final Completion and Acceptance of the Work, unless otherwise specified elsewhere in the Contract.

III. CONTRACTOR’S OBLIGATIONS

A. Contractor

1. Except as may be expressly provided otherwise in the Contract, you are solely responsible for selecting the means, methods, techniques, sequences, and procedures used in performing the Work. The intent of the Detailed Specifications is to describe the completed Work that you must provide to fulfill the requirements of the Contract. The Detailed Specifications are not intended to cover every detail of materials, parts, or activities necessary to complete the Work. You must perform all activities that may be required or necessary to complete the Work in accordance with the Contract. For the Contract Price, you must construct, furnish and install all materials, parts and labor

IEPA Loan Funded III. Contractor's Obligation 8 necessary to complete the entire Work, whether or not the Contract particularly specifies or shows the details of Work.

2. The Work under this Contract has not been completely segregated into divisions of Work to be performed by any trade or Subcontractor. You are responsible for all division of work. However, wherever any provision of any section of the specifications conflicts with any agreements or regulations of any kind at any time in force among members of any trade or craft associations, unions or councils that regulate or distinguish that work is or is not included in the work of any particular trade, you must make all necessary arrangements to reconcile any such conflict without delay, damage, or cost to the City.

3. Before submission of your bid, you must (i) inspect the site of the proposed Work and familiarize yourself with all the site conditions that may affect your performance of the Work; and (ii) review the Detailed Specifications, plans and drawings provided with the bid documents, as required in the “Requirements for Bidding and Instructions to Bidders,” in Book 2. If at any time before the bid opening you discover any errors, discrepancies or omissions in the Contract or any discrepancy between the Contract and the physical conditions at the site or in any drawings that may be provided later, you must notify the Chief Procurement Officer immediately, in writing for an interpretation through an Addendum.

4. This written request must be received by the Chief Procurement Officer no later than 10 days before bid opening, or no response will be provided. You will not be allowed to take advantage of your discovery of any such error or omission or discrepancy in the Contract after the award of the Contract. Any Work done after the discovery, unless authorized by the Chief Procurement Officer, will be done at your expense.

5. Except as otherwise expressly provided in the Contract, the Contract Price includes all costs and expenses for which you will be compensated in connection with the Contract, including

a. the costs of performing any or all of your obligations and duties under the Contract;

b. the costs of all materials, equipment, supplies, tools, machinery, labor, supervision, management and items of any and all kinds that are or may be necessary and incidental to the full and satisfactory completion of the Work, whether or not specified or indicated in the Contract;

c. the costs of permits, insurance, bonds and license;

d. the costs associated with any risks you assume under the Contract;

e. the costs associated with all warranties and guarantees;

f. the costs of complying with the directives of the Chief Procurement Officer and/or the

Commissioner;

g. the costs of complying with all laws applicable to the Contract; and

h. all overhead and profit.

No term of the Contract that further specifically indicates that you must bear the costs of an item or that further specifically indicates that an item will be performed at no additional

IEPA Loan Funded III. Contractor's Obligation 9 cost to the City will be construed or interpreted to in any way limit the foregoing.

6. You must begin the Work on the date specified in the Notice to Proceed. In addition, upon receipt of the Notice to Proceed, you must assign and maintain during the term of the Contract and any extension of it, an adequate staff of competent personnel who are fully equipped, licensed as appropriate, available as needed, and qualified to perform the Work. You must include among your staff such personnel and positions as the Contract may require.

If, in the reasonable opinion of the Commissioner, the performance of your personnel assigned to the Work is at an unacceptable level, or does not comply with the provisions of Section VIII.A, “Competency of Workers,” those personnel must cease to be assigned to this Work and must return to you. You must then furnish to the Commissioner the name of a substitute person or persons in accordance with Section III.A.6. Absence of sufficient qualified personnel for the Work constitutes an event of default.

7. You must supervise and direct the Work competently and efficiently, devoting such attention and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract. You are responsible for providing a finished Project that complies fully with the Contract.

8. Risk of Loss. The Work is…