Request for Proposal (RFP) for Masonry Tuckpointing, Repair, and Chimney Restoration

RFP No: 017-2026 RFP Issue Date: Wednesday August 26th, 2026

The Chicago Zoological Society (CZS), which manages and operates Brookfield Zoo Chicago (BZC), is soliciting proposals to provide from qualified and experienced masonry restoration contractors to provide tuckpointing, masonry repair, chimney restoration, and related masonry preservation services at multiple facilities throughout the Zoo campus. The intent of this project is to restore and preserve existing masonry structures while maintaining the safety, appearance, and integrity of Zoo facilities. The specific details will be added in the Scope of Work section of this RFP-Attachment A.

This document outlines the Society’s guidelines for your responses. All participants must register and follow the proper procedures via BidNet at the following weblink:

Brookfield Zoo Chicago - Bid Opportunities and RFPs | BidNet Direct

Firms must attend a Mandatory Site Walk Wednesday, September 2nd, 2026 at 10:00am.

The initial Pre-Bid walk is to begin at the South Gate Entrance location stated below. Failure to attend will render the Bid Proposal of such bidder to be non-responsive. Please RSVP for this Pre-Bid walk via BidNet with your Intent to Bid at least 48 business hours prior:

Chicago Zoological Society Brookfield Zoo Chicago – South Gate Entrance

3300 Golf Road Brookfield, IL 60513

If you require clarifications or have specific questions regarding any information contained in this RFP (e.g. Scope of Work), please submit your questions in writing to the BidNet link referenced below. All question(s) must be submitted in writing no later than 4:00pm CST on Monday, September 7th, 2026.

Brookfield Zoo Chicago - Bid Opportunities and RFPs | BidNet Direct

The Proposal must be submitted no later than 4:00 pm CST on Tuesday, September 15th, 2026, in electronic format to the BidNet link listed above.

Organizational Overview

The Chicago Zoological Society – Brookfield Zoo Chicago (BZC) is a private nonprofit organization that operates Brookfield Zoo on land owned by the Forest Preserve District of Cook County. Opened to the public in 1934, Brookfield Zoo has been a Chicago-area treasure and family destination for more than 75 years. Brookfield Zoo Chicago is the largest suburban attraction in Cook County, both in size and visitation. The 235-acre Zoo annually serves over two million visitors from the diverse Chicago metropolitan area. The zoo is open 363 days a year. On an average day, more than 11,000 people visit during the Zoo’s peak attendance season in the summer months.

Brookfield Zoo Chicago’s mission is to inspire conservation leadership by connecting people with wildlife and nature. We strive to provide people of all ages and backgrounds with opportunities to learn about and care for the natural world. When it first opened, Brookfield Zoo was considered “cutting edge” for its bar-less enclosures. One of the first zoos to employ nutritionists, pathologists, veterinarians, geneticists, endocrinologists, and behavioral specialists, we continue in a tradition of innovation.

Scope of Work/Deliverables/Required Response Format

The Scope of Work, required deliverable Work Product(s), and format requirements for your proposal can be found in the accompanying Attachment A to this RFP.

Timeline

RFP Issue Date: Wednesday, August 26th, 2026 Intent to Bid Deadline: Monday, August 31st, 2026 at 10:00AM Mandatory Onsite Pre-bid Meeting: Wednesday, September 2nd, 2026 at 10:00AM Inquiry Deadline: Monday, September 7th, 2026 at 4:00PM Response to Inquiries: Thursday, September 10th, 2026 Proposal Deadline: Tuesday, September 15th, 2026 at 4:00PM

Vendor Information

As part of your RFP response, please include the following to be considered for award:

1. Completed Attachment B – Contractor Information Statement.

2. Completed Attachment C – Reference Statement (3 references)

3. Completed Attachment E – MBE WBE Participation Utilization Affidavit

4. Completed Attachment F – Responsible Bidder Affidavit

5. Completed Bid Form with Itemized Costs and Lump-Sum Fee

6. Provide any additional information relevant to this RFP and about your business and what differentiates your business from that of other respondents?

Failure to include any of the above will be considered an incomplete bid.

Selection Criteria

Proposals received will be reviewed and evaluated based upon the following selection criteria:

• Proposed pricing

• Full understanding of requirements and services being requested for this project

• Experience performing field services within active, publicly occupied facilities while maintaining safety of visitors and staff

• Submittal of a full proposal and all documents as requested

• Familiarity with the Zoo grounds

• Relevant project experience

Prevailing Wages

This Contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ("the Act"). The Act requires Contractors and Subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the "prevailing rate of wages" (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website. All Contractors and Subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. The Contractor will furnish certified payrolls for the project using the State of Illinois, Illinois Department of Labor Certified Transcript of Payroll forms

BZC Reservation of Rights

BZC reserves the right to reject any or all proposals, without explanation, to waive irregularities, and to accept a proposal, which in BZC sole judgment, is in BZC best interests.

MBE/WBE/DBE/8(a)

Brookfield Zoo Chicago is committed to ensuring that certified minority-owned business enterprises (MBE’s), women-owned business enterprises (WBE’s), disadvantaged business enterprises (DBE’s), and U.S. Small Business Administration 8(a)-certified (8(a)’s) firms are afforded opportunities to compete for and participate in the Brookfield Zoo Chicago’s purchasing activities. If your company is certified as a MBE, WBE, DBE or 8(a) company, please send your current certification with your response to this RFP.

As a condition of this solicitation and due to requirements associated with outside funding supporting the Project, the successful Proposer must meet the minimum MBE/WBE participation requirements established for the Project.

Each Proposer is required to complete and submit Attachment E – MBE/WBE Utilization Affidavit with its proposal. Attachment E must demonstrate the Proposer’s commitment to meeting or exceeding the applicable minimum MBE/WBE participation requirements.

Failure to complete and submit Attachment E, or failure to demonstrate compliance with the minimum MBE/WBE participation requirements, may result in the proposal being deemed non-responsive and excluded from further consideration.

The selected Proposer will be required to maintain compliance with the approved MBE/WBE participation commitments throughout the performance of the Contract, subject to any applicable requirements of the outside funding source.

STANDARD CONSTRUCTION CONTRACT

The selected organization is expected to execute the CZS Standard Construction Contract to formalize our business arrangement. A copy of which is included in this RFP for your review and is referenced as Attachment D. If upon completion of your review, you take exception or have concerns about any portion of this Agreement, please note your concerns on a separate sheet in your response to this RFP. Please reference the paragraph heading and page number in the Agreement when noting your concerns. If CZS does not receive any documentation of your concerns, CZS will interpret this as your acceptance and willingness to utilize the CZS Standard Construction Contract.

BZC RFP – Masonry Tuckpointing, Repair, and Chimney Restoration Attachment A

Scope of Work, Deliverables, Required Response Format

SCOPE OF WORK

The Contractor shall furnish all labor, supervision, materials, tools, equipment, scaffolding, lifts, disposal, permits, transportation, and all other resources necessary to complete the work.

Services shall include, but are not limited to:

• Conduct a field assessment of existing masonry conditions

• Remove deteriorated, cracked, loose, or failed mortar joints

• Prepare and clean joints for repointing operations

• Install new mortar compatible with the existing masonry system

• Match existing mortar color, texture, joint profile, and finish to the greatest extent possible

• Replace damaged, deteriorated, or missing brick units as directed by the Zoo

• Repair localized masonry deficiencies, cracks, and other areas of deterioration

• Repoint and tool mortar joints to match existing conditions

• Clean masonry surfaces following completion of repairs

• Remove and properly dispose of all project-related debris and waste materials

• Provide all temporary access and protection measures required to safely complete the work

Project Locations

The proposed work includes, but is not limited to, the following facilities:

• South Administration Building Chimney

• Public Safety (Police Department) Building

• Reptiles and Birds Building

• Feathers and Scales Building

• Hamill Family Play Zoo Façade

• Swamp Roof

• Seven Seas Life Support Building

The Zoo reserves the right to add, remove, or modify project locations and quantities based on budget, operational needs, and site conditions.

Materials

All mortar, brick, and replacement masonry materials shall be compatible with the existing construction and shall closely match the existing materials in color, texture, size, profile, and appearance. The Contractor is required to provide sample mock-ups for review and approval prior to commencement of repairs.

Protection of Zoo Operations

The Zoo will remain operational during the project. The Contractor shall:

• Maintain safe and uninterrupted public access whenever possible

• Coordinate all work activities with Zoo representatives

• Protect adjacent structures, landscaping, exhibits, utilities, and other property from damage

• Implement measures to control dust, debris, vibration, and noise

• Secure work areas to prevent unauthorized public access

Any work that could significantly impact Zoo operations must be scheduled and approved in advance.

Work Hours

Unless otherwise approved in writing by the Zoo, work shall be performed during the following hours:

• Monday through Friday, 7:00 a.m. to 4:00 p.m.

Quality Standards

All work to be performed by qualified personnel experienced in masonry restoration and tuckpointing. Workmanship shall conform to recognized industry standards and best practices for historic and contemporary masonry restoration, as applicable.

DELIVERABLES

Warranty

The Contractor shall provide a minimum one-year warranty covering workmanship, materials, and defects related to the completed work, beginning on the date of final acceptance.

Photo Documentation

The Contractor shall provide photographic documentation of all work areas, including:

• Pre-construction conditions

• Work in progress

• Completed repairs

Digital photographs shall be submitted to the Zoo as part of the project closeout documentation.

Project Closeout

Upon completion of the work, the Contractor shall:

• Remove all equipment, debris, temporary protections, and surplus materials

• Complete all punch list items identified by the Zoo

• Participate in a final inspection and project walkthrough

• Submit warranty information, final photographs, and any required closeout documentation

Exhibits

• Exhibit A – Bid Form

REQUIRED RESPONSE FORMAT

Bid Pricing Requirements

Bidders shall provide itemized lump-sum pricing for each facility listed below. The Zoo reserves the right to award the contract by individual facility, multiple facilities, or the project as a whole, based on budget, scope, and operational considerations.

All pricing shall include:

• Labor

• Materials

• Equipment

• Scaffolding and lifts

• Mobilization

• Permits

• Dumpsters

• Cleanup and disposal

• Overhead and profit

• Insurance

• All incidentals required for a complete and functional installation

Recommended Unit Prices

Bidders shall provide the following unit prices:

ITEM UNIT

Brick Replacement Each Tuckpointing Square Foot (SF) Chimney Repair Square Foot (SF) Crack Repair Square Foot (SF) Scaffolding Per Day Lift Rental Per Day Dumpster Rental Per Day

For award consideration, firms must include:

• Cover Letter on company letterhead

• Completed Attachment B

• Completed Attachment C

• Completed Attachment E

• Completed Attachment F

• Completed Bid Form with Itemized Costs and Lump-Sum Fee

• Proposed project schedule

• Relevant project experience

Attachment B

CONTRACTOR INFORMATION STATEMENT

Submitted By:

Firm:________________________________________________________________________

Address:_____________________________________________________________________

City: __________________________________

State: _________________________________ Zip Code: _____________________________

Phone: _______________________________

Has your organization performed any work with the Brookfield Zoo Chicago previously? (Please Check) Yes ______ No ______

If Yes, please list BZC Contact Person(s) ___________________________________________

If “Yes”, Please list Project: _____________________________________________________

How did you hear about this Request for Proposal? (Please Check)

BZC Website_______ Cook County Website_______ Direct Bid_______

Type of Organization: (Please Check)

Corporation ____ Partnership ____ Individual ____ Other ____ (Please provide explanation below)

Certified Minority Business Enterprise* ______ Certified Women Owned Business Enterprise*______ Certified Disadvantaged Business Enterprise* ______ Certified U.S. Small Business Administration 8(a) Firm* ______

*Please attach a copy of current Letter of Certification to this RFP.

Years in Business: ________

Number of Employees: ________

Membership/Affiliation in Professional Organizations (Please List Below)

Other:

Attachment C

Reference Statement

Reference 1:

Company:_________________________________________________________________ Contact Person at Company/Title:______________________________________________ Telephone:____________________________Email:_______________________________ Company Address:_________________________________________________________ Project Name:_____________________________________________________________ Project Description:_________________________________________________________ Project Value:$_________________________ Project Manager:______________________

Reference 2:

Company:_________________________________________________________________ Contact Person at Company/Title:______________________________________________ Telephone:____________________________ E-mail:_____________________________ CompanyAddress:__________________________________________________________ Project Name:_____________________________________________________________ Project Description:_________________________________________________________ Project Value:$_________________________ Project Manager:_____________________

Reference 3:

Company:_________________________________________________________________ Contact Person at Company/Title:______________________________________________ Telephone:____________________________ E-mail:_____________________________ Company Address:_________________________________________________________ Project Name:_____________________________________________________________ Project Description:_________________________________________________________ Project Value:$_________________________ Project Manager:_____________________

CH01/ 25619366.3

THE CHICAGO ZOOLOGICAL SOCIETY (CZS)

Attachment D

MASTER CONTRACT FOR

(DESCRIPTION OF PROJECT)

(CONTRACTOR NAME)

TABLE OF ARTICLES

1. AGREEMENT

2. SCOPE OF WORK

3. SCHEDULE OF WORK

4. CONTRACT PRICE

5. PAYMENT

6. CHANGES, CLAIMS AND DELAYS

7. CZS OBLIGATIONS

8. CONTRACTOR’S OBLIGATIONS

9. MISCELLANEOUS PROVISIONS

10. RECOURSE BY CZS

11. LABOR RELATIONS

12. INDEMNIFICATION

13. INSURANCE

14. [INTENTIONALLY OMITTED]

15. CONTRACT INTERPRETATION

16. SPECIAL PROVISIONS

CH01/ 25619366.3

ARTICLE 1

CONTRACTOR AGREEMENT

This Contractor Agreement is made this ____ day of ____ by and between The Chicago Zoological Society, an Illinois corporation, hereinafter called CZS, with principal offices at 3300 Golf Road, Brookfield, IL and _________________ the Contractor identified below, hereinafter called Contractor, to perform work on the project identified below (the “Project”). The term “Agreement” as used herein shall include this agreement entered into on this date by CZS and Contractor and any and all other addenda or amendments agreed to by CZS and Contractor and adopted in accordance with the terms of this Agreement.

Project: NAME OF PROJECT (SAME AS FIRST PAGE

CZS Job#: ACCOUNT # OR JOB #

Owner: FOREST PRESERVE DISTRICT OF COOK COUNTY

Architect: (IF NO ARCHITECT, N/A)

Contractor: NAME OF CONTRACTOR

CZS Rep: MELISSA LEWKOWICH

(708) 668-8816; melissa.lewkowich@czs.org

Contractor Rep: CONTRACTOR REP NAME

PHONE NUMBER AND EMAIL ADDRESS

Prevailing Wage Requirement:

This contract calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at:

https://labor.illinois.gov/content/dam/soi/en/web/idol/laws-rules/conmed/documents/fy24/20240304/Cook.pdf. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. The contractor will furnish certified payrolls for the project using the State of Illinois, Illinois Department of Labor Certified Transcript of Payroll forms.

Retainage: (IF NO RETAINAGE, LIST 0%)

Bond Required: YES/No

Scope of Work: EXHIBIT A (ATTACHED) CZS employs the Contractor as an independent contractor to perform the work as described hereinafter under the general direction of the CZS Representative and in accordance with this Agreement and the Contract Documents, set forth in Article 16 hereof and to pay Contractor for the satisfactory performance of this work, subject to the terms and conditions of this Agreement and the Contract Documents, the sum of:

WRITE AMOUNT IN WORDS $000.00

It is understood and agreed that the Work to be performed under the Agreement, including the terms and conditions thereof, is as described in Articles 1 through 16, together with any special provisions as contained in Article 16.

IN WITNESS WHEREOF, the parties, being duly authorized, have executed this Agreement under seal, the day and year first above written.

CONTRACTOR CHICAGO ZOOLOGICAL SOCIETY

Name:

By: By:

Its: Its:

Employer I.D. # __ __ - __ __ __ __ __ __ __

( ) CORPORATION ( ) INDIVIDUAL PROPREITORSHIP

( ) PARTNERSHIP ( ) OTHER revised 10/8/24

ARTICLE 2 – SCOPE OF WORK

2.1 CONTRACTOR’S WORK. The CZS employs the

Contractor as an independent contractor to perform the work described in Article 16 and Exhibit A. The Contractor shall perform such work (hereinafter called the “Contractor’s Work” or the “Work”) under the general direction of the CZS and in accordance with this Agreement and the Contract Documents. CZS’s direction of the Work shall in no way relieve the Contractor of its responsibility to control the Work and provide a safe worksite.

2.2 CONTRACT DOCUMENTS. The Contract

Documents, which are binding on the Contractor, are set forth in Article 16.1.

2.3 CONFLICTS. In the event of a conflict between

this Agreement and the Contract Documents.

ARTICLE 3 – SCHEDULE OF WORK

3.1 TIME IS OF ESSENCE. Time is of the essence

for both parties, and they mutually agree to see to the performance of their respective work and the work of any Subcontractors so that the Project will be completed in accordance with the Contract Documents and the Schedule of Work. The CZS shall prepare the Schedule of Work and revise such schedule as the Work progresses.

3.2 CONTROL OF WORK. The Work is under the

charge and care of the Contractor until final completion and acceptance of the Work, unless otherwise stated in the Contract Documents.

3.3 DUTY TO BE BOUND. Both the CZS and

Contractor shall be bound by the Schedule of Work. The Contractor shall provide the CZS with any requested scheduling information for the Contractor’s Work. The Schedule of Work and all subsequent changes thereto shall be submitted to the Contractor in advance of the required performance.

3.4 SCHEDULE CHANGES. The Contractor

recognizes that changes may be made in the Schedule of Work and agrees to comply with such changes subject to a reservation of rights arising hereunder.

3. 5 PRIORITY OF WORK. The CZS shall have the right to decide the time, order and priority in which the various portions of the Work shall be performed and all other matters relative to the timely and orderly conduct of the Contractor’s Work. CZS’s rights herein shall in no way relieve the Contractor of its responsibility to control and coordinate the Work and provide a safe worksite.

The Contractor shall commence its work when notified to proceed by the CZS and if such work is interrupted for any reason the Contractor shall resume such work within two working days from the CZS’s notice to do so.

ARTICLE 4 – CONTRACT PRICE

The CZS agrees to pay to the Contractor for the satisfactory performance of the Contractor’s Work, the sum stated in Article 1, in accordance with Article 5, and subject to additions or deductions pursuant to Article 6.

(the “Contract Price”). Unless otherwise stated herein, the Contract Price is the total dollar amount of the bid accepted by CZS, including any change orders, and includes all labor, equipment, materials, permits, licenses, fees, and taxes necessary to perform the Contractor’s Work.

ARTICLE 5 – PAYMENT

5.1 GENERAL PROVISIONS.

5.1.1 SCHEDULE OF VALUES. The Contractor shall

provide a schedule of values satisfactory to the CZS within fifteen (15) days from the date of execution of this Agreement.

5.1.2 PAYMENT USE RESTRICTION. Any payment

received by the Contractor hereunder shall not be used to satisfy or secure any indebtedness other than that owed by the Contractor to a person furnishing labor or materials for use in performing the Contractor’s Work.

5.1.3 [Intentionally omitted]

5.1.4 PARTIAL LIEN WAIVERS AND AFFIDAVITS.

For all payment applications, the Contractor shall provide, in a form satisfactory to the CZS, partial lien or claim waivers and affidavits from the Contractor, and its subcontractors and suppliers for the completed Contractor’s Work. Chicago Title and Trust waivers are to be used.

5.1.5 CONTRACTOR PAYMENT FAILURE. In the

event the CZS has reason to believe that labor, material or other obligations incurred in the performance of the Contractor’s Work are not being paid, the CZS shall give written notice of such claim or lien to the Contractor and has the right to take any steps it deems necessary to ensure that any progress payments to the Contractor are utilized to pay such obligations. If upon receipt of said notice, the Contractor does not:

(a) supply evidence to the satisfaction of the CZS that the monies owing to the claimant have paid; or

(b) post a bond indemnifying the Owner, the CZS, the

CZS’s surety, if any, and the premises from such claim or lien; then the CZS shall have the right to retain out of any payments due or to become due to the Contractor a reasonable amount to protect the CZS from any and all loss, damage or expense, including attorney’s fees, arising out of or relating to any such claim or lien until the claim or lien has been satisfied by the Contractor.

5.1.6 PAYMENT NOT ACCEPTANCE. The parties

specifically stipulate and agree that payment to the Contractor does not constitute or imply acceptance by the CZS or the Owner of any portion of the Contractor’s Work.

5.2 PROGRESS PAYMENTS.

5.2.1 APPLICATION. The Contractor shall submit

progress payment applications for Work performed in the preceding payment period to the CZS pursuant to the terms of this Agreement, and specifically Articles 5.1.1, 5.2.2, and 5.2.3, for approval by the CZS.

5.2.2 TIME OF APPLICATION. The Contractor shall

submit progress payment applications to the CZS no later than the 3rd calendar day of the month indicating work completed and, to the extent allowed under Article 5.2.3, materials suitably stored during the preceding month.

Forms AIA G702 and G703 shall be used in submitting applications for both work completed and allowable stored materials. Applications received by the CZS after the due date will be submitted by the CZS in the following month’s application for payment to the Owner.

5.2.3 STORED MATERIALS. Unless otherwise

provided in the Contract Documents, and if approved in advance by the CZS, applications for payment may include materials and equipment not incorporated in the Contractor’s Work but delivered and suitably stored at the site or at some other location agreed upon in writing.

Approval of such payment applications shall be conditioned upon submission by the Contractor of bills of sale and applicable insurance or other such procedures satisfactory to the CZS in order to establish the Owner’s title to such materials and equipment and otherwise protect the interest of the Owner and CZS therein, including transportation to the site.

5.2.4 TIME OF PAYMENT. Progress payments to

the Contractor (which shall exclude retainage) for satisfactory performance of the Contractor’s Work shall be made not later than forty-five (45) days after month end. Contractor understands, agrees and accepts that payment will be withheld if CZS, or CZS architect, if applicable, determines a defect in Contractor’s scope of work or some other deficiency by Contractor.

5.2.5 PAYMENT DELAY. If for any reason not the fault

of the Contractor, the Contractor does not receive a progress payment from the CZS within seven (7) business days after the date such payment is due, as defined in Article 5.2.4, then the Contractor, upon giving an additional seven (7) business days written notice to the CZS, and without prejudice to and in addition to any other legal remedies, may stop work until payment of the full amount owing to the Contractor has been received. To the extent obtained by the CZS under the Contract

Documents, the Contract Price shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, which shall be effected by appropriate Change Order. If the Contractor’s Work has been stopped for thirty (30) days because the Contractor has not received progress payments as required hereunder, the Contractor may terminate this Agreement upon giving the CZS an additional seven (7) business days written notice.

5.2.6 PAYMENT OF CONTRACTOR’S MATERIALS

AND OTHER COSTS. Contractor understands and accepts sole responsibility for all credit arrangements with suppliers and others for the purchase of materials and all other costs incurred or to be incurred in connection with the performance of Contractor’s Work.

5.2.7 RETAINAGE. If after the Work provided for in the

Contract shall have been fifty (50) percent completed, and performed to the satisfaction of CZS, and the Architect if necessary, the retainage amount may be reduced to zero

(0) percent on payments for the remaining Work. The reduction amount is determined at the sole discretion of CZS and required certification by the Architect, if necessary, that the Contractor is properly and continuously expediting the Work. CZS shall have the right to reinstate the retainage in the event of a subsequent default by the Contractor.

If CZS does not reduce the retainage to zero (0) percent, after the Contractor has completed fifty (50) percent of the Work, CZS shall release the retainage once the Contractor receives its Certificate of Substantial Completion. The retainage may be reduced for Work that is incomplete, defective, not in accordance with the requirements of the Contract Documents, unsettled claims, and the costs of any third party to finish incomplete, incorrect or defective Work.

5.3 FINAL PAYMENT.

5.3.1 APPLICATION. The CZS shall process the

Contractor’s application for final payment without delay, upon acceptance of the Contractor’s Work by the CZS, and the Architect, if necessary, and provided that the Contractor has furnished evidence of fulfillment of the Contractor’s obligations in accordance with the Contract Documents and Article 5.3.2, below.

5.3.2 REQUIREMENTS. Before the CZS shall be

required to make final payment, Contractor shall submit the following to the CZS:

(a) an affidavit that all payrolls, bills for materials and equipment and other indebtedness connected with the Contractor’s Work for which the Owner or his property or the CZS or the CZS’s surety might in any way be liable, have been paid or otherwise satisfied;

(b) consent of surety to final payment, if required;

(c) satisfaction of required closeout procedures; and

(d) other data if required by the CZS or Architect such as receipts, releases, and waivers of liens, waiver of all claims by the Contractor relating to the Contractor ‘s Work, delivery of as-built drawings and other Project record documents, to the extent and in such form as may be designated by CZS. These requirements shall in no way relieve the Contractor of liability for the obligations assumed under Article

9.10 hereof, or for faulty or defective work appearing after final payment.

5.3.3 TIME OF PAYMENT. Final payment of the

balance due of the Contract Price shall be made to the Contractor: upon satisfaction of requirements in Section 5.3.2.

ARTICLE 6 – CHANGES, CLAIMS, DELAYS

6.1 CHANGES. When the CZS so orders in writing, the Contractor, without nullifying this Agreement, shall make any and all changes in the Work, which are within the general scope of this Agreement. Adjustments in the Contract Price or contract time, if any, resulting from such changes shall be set forth in a Contract Change Order pursuant to the Contract Documents. No such adjustment shall be made for any such changes performed by the Contractor that have not been so ordered by the CZS and a change order issued and signed by the CZS representative.

6.2 CLAIMS RELATING TO CZS. Unless otherwise

stated, CZS will be the final interpreter of the requirements of the Contract Documents and judge the acceptability of the Work with respect to any claim challenging a conclusion otherwise made by the Architect or CZS. Claims, disputes and other matters relating to the interpretation of the Contract Documents, as to the performance and finishing of the Work, in respect to extras or changes in the Contract Price, the amount of payment due Contractor, modifications to the Schedule of Work, or any disputes or claims surrounding the Contract Documents or this Agreement shall be made to CZS.

The Contractor shall give the CZS written notice of all claims within five (5) days of the beginning of the event for which claim is made; otherwise, such claims shall be deemed waived. The claim should generally include the amount of money and/or time extension sought by the Contractor, and the contractual and factual basis for each;

a general statement of the basis for the claim; the facts underlying the claim; references to the applicable Contract Document provisions; and all documentation that describes, relates to, and/or supports the claim. CZS will issue a written decision on the claim as soon as possible, but in no event later than 35 days of receiving the Contractor’s claim. Subject to the Contractor’s rights stated in 5.2.5, the Contractor shall continue to properly and timely perform and complete the Work in accordance with the Contract Documents and Schedule of Work.

6.3 DELAY. If the progress of the Contractor’s Work

is substantially delayed without the fault or responsibility of the Contractor, then the time for the Contractor’s Work shall be extended by Change Order to the extent obtained by the CZS under the Contract Documents and the Schedule of Work shall be revised accordingly.

The CZS shall not be liable to the Contractor for any damages or additional compensation as a consequence of delays caused by any person not a party to this Agreement unless the CZS has first recovered the same on behalf of the Contractor from said person, it being understood and agreed by the Contractor that, apart from recovery from said person, the Contractor’s sole and exclusive remedy for delay shall be an extension in the time for performance of the Contractor’s Work.

ARTICLE 7

CZS’S

OBLIGATIONS

7.1 AUTHORIZED REPRESENTATIVE. The CZS

shall designate one or more persons who shall be the CZS’ authorized representative(s). Such authorized representative(s) shall be the only person(s) the Contractor shall look to for instructions, orders and/or directions, except in an emergency. The person(s) so designated shall be named in Article 1, above.

7.2 STORAGE ALLOCATION. The CZS shall

allocate adequate storage areas, if available, for the Contractor’s materials and equipment during the course of the Contractor’s Work.

7.3 TIMELY COMMUNICATIONS. The CZS shall

transmit, with reasonable promptness, all submittals, transmittals, and written approvals relating to the Contractor’s Work.

ARTICLE 8 – CONTRACTOR’S OBLIGATIONS

8.1 RESPONSIBILITIES. The Contractor shall be

responsible for the adequacy of all construction means, methods, techniques and procedures employed in the performance of the Work, and for coordinating all portions of the Work. The Contractor shall furnish all of the labor, materials, equipment and services, including, but not limited to, competent supervision, shop drawings, samples, tools, and scaffolding, as are necessary for the proper performance of the Contractor’s Work. The Contractor will obtain all necessary permits for the Work.

The Contractor will include in its bid proposal the costs for obtaining and paying for all licenses and certificates of inspection required or necessary for the execution and completion of Work. The Contractor shall provide a list of proposed subcontractors and suppliers, be responsible for taking field dimensions, providing tests, ordering materials and all other actions required to meet the Schedule of Work.

The Contractor must meet the requirements of the ADA and the Illinois Accessibility Code (IAC) if applicable to the services provided.

The Contractor, upon receiving the approval of the Project Manager of its proposed subcontractor, shall furnish to the CZS an executed copy of the written agreement between the Contractor and its subcontractor on the Project. The Contractor is responsible for and liable to CZS for any and all Work performed by any Subcontractor.

The Contractor may not make any substitution for a Subcontractor that has been accepted by the Project Manager, unless such substitution is acceptable to the Project Manager. The Contractor shall provide the Project Manager with timely notice of any proposed substitution so as not to impede the progress of the Contractor’s Work. Notwithstanding the foregoing, there is no privity between CZS and any Subcontractors. The Subcontractors have no rights as third-party beneficiaries under this Agreement. The Contractor shall require the Subcontractors to communicate with CZS through the Contractor only.

All such agreements with Subcontractors shall contain provisions (i) that the Subcontractor performing the Work shall be bound to CZS in the same manner as the Contractor is bound to the CZS under the Contract Documents, (ii) that such agreement shall be subject to, and conform with, all applicable federal, state and local laws, ordinances, statutes, rules and regulations, and (iii) that the Department of Commerce and Economic Opportunity, the Office of Inspector General and the Auditor General of the State of Illinois, or any of their duly authorized representatives, will have full access to, and the right to examine, any pertinent books and records relating to the Project of the Contractor or any subcontractor (of any tier) engaged for the Project for a period of three (3) years from the date of final completion of the Work.

8.2 TEMPORARY SERVICES. The Contractor shall

furnish all temporary services and/or facilities necessary to perform its work, except as provided in Article 16.

8.3 COORDINATION. The Contractor shall:

(a) cooperate with the CZS and all others whose work may interfere or interface with the Contractor’s work;

(b) specifically note and immediately advise the CZS of any such interference with the Contractor’s Work;

and

(c) participate in the preparation of coordination drawings and work schedules in areas of congestion.

8.4 AUTHORIZED REPRESENTATIVE. The

Contractor shall designate one or more persons who shall be the authorized Contractor’s representative(s). Such authorized representative(s) shall be the only person(s) to whom the CZS shall issue instructions, orders or directions, except in an emergency. The person(s) so designated shall be named in Article 1, above.

8.5 PROVISION FOR INSPECTION. The Contractor

shall notify the CZS when portions of the Contractor’s Work are ready for inspection. The Contractor shall at all times furnish the CZS and its representatives adequate facilities for inspecting materials at the site or any place where materials under this Agreement may be in the course of preparation, process, manufacture, storage or treatment. The Contractor shall furnish to the CZS in such detail, and as often as required, full reports of the progress of the Contractor’s Work.

8.5.1 SUBSTANTIAL COMPLETION. When the

Contractor considers that it has achieved Substantial Completion of the Project, it shall notify CZS and request that CZS and the Architect inspect the Contractor’s Work and issue a Certificate of Substantial Completion. If after inspection and joint consultation, CZS and the Architect agree that the Contractor’s Work is substantially complete, the Architect shall cause a Certificate of Substantial Completion to be issued, and prepare a punch list of work it concludes is not in compliance with the requirements of the Contract Documents. The Contractor agrees to begin the performance of the punch list work immediately after receipt, and shall complete all punch list work within the period of time set forth in the punch list.

8.6 CLEANUP AND SAFETY. The Contractor shall

at all times keep its work areas clean and free from debris and unsafe conditions resulting from the Contractor’s Work, and shall confine all construction, restoration and repair work and equipment, the storage of materials and equipment and the operations of Services to those lands and areas specifically designated for same by the Society, and shall not unreasonably encumber the Site with construction equipment or other materials or equipment. Contractor shall assume full responsibility for and, shall promptly repair at Contractor's expense, any damage to any land or property of the Society and any occupant of the Site and any adjacent land or property, resulting from the Services or the performance of the Services hereunder, and shall restore such land or property to the condition in which same existed prior to such damage. If the Society incurs any fee or expense necessary to repair or restore the Site to its former condition, the Contractor shall reimburse the Society for all such fees and expenses upon demand therefore, in addition to any other costs relating to such restoration work, including the Society's reasonable attorney's fees and administrative fees follow any special requirements for such as may be given by the Owner or the CZS in addition to those stated hereinafter. The Contractor will follow the CZS safety policy attached as Exhibit C but the Contractor retains the entire responsibility for the safety of the Project, its employees, its Subcontractors, and the CZS’s employees and patrons.

8.6.1 The Contractor shall have total responsibility for

the clean-up, removal and proper disposal of all waste material, debris, and dirt clearly identifiable as resulting from the Contractor’s Work as follows:

(a) The Contractor shall at all times keep the Owner’s premises, adjoining premises, streets and buildings free and clear of debris and dirt resulting from the Contractor's Work or caused by the Contractor’s employees and any others hired to service the Contractor’s Work.

(b) The Contractor shall remove all such debris and dirt and dispose of it in a legal manner at its own expense, unless provided for otherwise in Article 16, hereof. The Contractor, if using disposal container services furnished by the CZS, shall pay prorated costs as determined by the CZS, and shall bear the responsibility of legal disposal of the Contractor’s materials.

(c) The Contractor, whose Work has created debris and dirt, shall broom clean each work area to maintain acceptable cleanliness of the premises at such frequency as required by the Contract Documents, the Owner or the CZS and upon final completion of the Contractor’s Work.

8.6.2 If the Contractor fails to immediately comply with

cleanup duties within 24 hours after receipt of written notice from the CZS of noncompliance, the CZS may implement such cleanup measures, without further notice, and deduct the cost thereof, plus reasonable overhead and handling fees, from any amounts due or become due the Contractor.

8.6.3 The Contractor shall observe and comply with the

Safety Programs promulgated by both the Owner and the CZS, and the performance of the Contractor’s Work shall be in strict conformity with all applicable Federal, State and local safety laws, regulations and ordinances. The Contractor shall bear the sole responsibility for safety in performing, supervising and controlling safe construction practices pursuant to the Contract Documents and the aforesaid laws, regulations and ordinances.

8.6.4 All labor, materials, and equipment supplied or

utilized, including methods and procedures employed, in the performance of the Contractor’s Work shall conform to the provisions and requirements of all Federal, State and local laws, regulations and ordinances applicable to the Work. The Contractor shall be responsible for notifying his employees, the CZS and others at the jobsite concerning the presence and use of materials, which may be subject to disclosure, pursuant to such laws, regulations and ordinances, as being hazardous or potentially harmful or dangerous. Such notification shall include the furnishing, posting and publication of such information, including Material Safety Data Sheets, where required copies of which shall be provided to CZS immediately upon commencement of the Contractor’s Work.

8.6.5 The Contractor shall immediately notify the CZS

in writing of any and all accidents involving personal injury and/or property damage, and cooperate fully with the CZS and other interested parties in investigations concerning such accidents.

8.6.6 The Contractor shall immediately notify the CZS

in writing of any and all citations received for construction safety violations and take immediate remedial action on all such conditions as cited. If the Contractor fails to immediately commence abatement of construction safety violations as have been cited by the Owner, the CZS or inspectors having regulatory authority, the CZS may suspend the Contractor’s Work until such safety violations are abated. If the Contractor refuses to commence compliance, the CZS, at its own discretion, may deem the Contractor to be guilty of a material breach of a provision of the Agreement and invoke recourse as provided in Article 10 of this Agreement.

8.7 PROTECTION OF THE WORK. The Contractor

shall take necessary precautions to properly protect the Contractor’s Work and the work of others from damage caused by the Contractor’s operations. Should the Contractor cause damage to the Work or property of the owner or CZS, it shall be the responsibility of the Contractor to examine the items so provided and thereupon handle, store and install the items with such skill and care as to ensure a satisfactory and proper installation. Loss or damage due to acts of the Contractor shall be deducted from any amounts due or to become due the Contractor.

8.8 ASSIGNMENT. The Contractor shall not assign

the Agreement nor its proceeds nor subcontract the whole nor any part of the Contractor’s Work without prior written approval of the CZS. See Article 13.1 for requirements regarding subcontractor’s insurance.

8.9 EQUAL OPPORTUNITY. The Contractor shall

not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, age, national origin, or disability not affecting one’s ability to perform and will ensure that that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, age, or national origin or disability.

8.10 MBE/WBE/DBE UTILIZATION. The Contractor

shall make good faith efforts to actively solicit and achieve the participation of MBE/WBE/DBE firms as subcontractors and material suppliers for the Project, whenever technically, operationally, and economically feasible. The Contractor shall maintain and make available to the CZS upon request documentation regarding MBE/WBE/DBE utilization for subcontractors and material suppliers.

8.11 EMPLOYMENT OF ILLINOIS WORKERS. The

Contractor shall be responsible for compliance with the requirements the Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.), as same may be amended from time to time (the “Illinois Workers Act”), by the Contractor and all subcontractors (of any tier). As required under the Illinois Workers Act, the Contractor, and every subcontractor (of any tier) shall, during periods of excessive unemployment in Illinois, employ at least 90% Illinois laborers for the Project. Upon request of CZS, the Contractor shall make available for inspection and copying records evidencing the residency of all workers employed by Contractor or any subcontractor for the Project. The Contractor shall include, or shall cause to be included, a similar provision in all subcontracts entered into for the Project, which provision shall extend such right of inspection and copying to CZS. The Contractor shall indemnify, defend and hold harmless CZS, its trustees, officers, employees and agents from and against any and all claims, damages, penalties, fines, liabilities, costs and expenses, including attorney’s fees and costs, arising out of or resulting from the violation, or alleged violation, of the Illinois Workers Act by the Contractor or by any subcontractor (of any tier).

8.12 Audits. The Contractor must furnish to CZS such

information as may be requested relative to the progress, execution, and cost of the Contractor’s Work. The Contractor must maintain complete records showing actual time devoted and costs incurred. The Contractor must maintain its books, records, documents and other evidence (whether in hard copy, digital, or electronic form) and adopt accounting procedures and practices sufficient to record properly all costs of whatever nature claimed to have been incurred and anticipated to be incurred for or in connection with the Contractor’s Work for 3 years after final payment. This system of accounting must be in accordance with generally accepted accounting principles and practices, consistently applies throughout. The Contractor must make these records available at reasonable times to allow the CZS to inspect such records. No provision in this Agreement, which allows CZS right of access to the documents and records set forth in this section, is intended to impair, limit, or affect any right of access to such records and documents, which CZS would have had in the absence of such provisions.

ARTICLE 9 – MISCELLANEOUS PROVISIONS

9.1 LAYOUT RESPONSIBILITY AND LEVELS.

Contractor shall lay out and be strictly responsible for the accuracy of the Contractor’s Work and for any loss or damage to the CZS or others by reason of the Contractor’s failure to set out or perform its work correctly.

The Contractor shall exercise prudence so that actual final conditions and details shall result in perfect alignment of finish surfaces.

9.2 WORKMANSHIP. Every part of the Contractor’s

Work shall be executed in strict accordance with the Contract Documents in the most sound, workmanlike, and substantial manner. All workmanship shall be of the best of its several kinds, and all materials used in the Contractor’s Work shall be furnished in ample quantities to facilitate the proper and expeditious execution of the work, and shall be new except such materials as may be expressly provided in the Contract Documents to be otherwise.

9.3 MATERIALS FURNISHED BY OTHERS. In the

event the scope of the Contractor’s Work includes installation of materials or equipment furnished by others, it shall be the responsibility of the Contractor to examine the items so provided and thereupon handle, store and install the items with such skill and care as to ensure a satisfactory and proper installation. Loss or damage due to acts of the Contractor shall be deducted from any amounts due or to become due the Contractor.

9.3.1 The Contractor, if utilizing labor, materials and/or

services furnished by other subcontractors on the Project for the performance of the Contractor’s Work, shall treat such charges as having been contracted independently and shall pay such charges directly to the furnishing…