data/data_text/00000M8Z.pdf.txt

Contract Summary Sheet
Contract (PO) Number: 1407

Specification Number: 3858

Name of Contractor: SHAH ENGINEERING, INC.

City Department: DEPARTMENT OF CONSTRUCTION AND PERMITS.
Title of Contract: Municipal Code Review Services

‘Term of Contract: Start Date: 4/1003
End Date: 4/1006

Dollar Amount of Contract (or maximum compensation ifa Term Agreement) (DUR):
$1,000,000,00

Brief Description of Work: Municipal Code Review Services

Procurement Services Contact Person: EDDIE LANCE JR.

‘Vendor Number: 1000342
‘Submission Date:

may 0.1 2003,

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PROFESSIONAL SERVICES AGREEMENT
STANDARD TERMS AND CONDITIONS
FOR
MUNICIPAL CODE COMPLIANCE REVIEW SERVICES
BETWEEN

THE CITY OF CHICAGO
DEPARTMENT OF CONSTRUCTION AND PERMITS

AND

‘SHAH ENGINEERING, INC.

RICHARD M. DALEY
MAYOR

(City Funds)

‘These terms and conditions are subject a change

Cty of Cleage.

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PROFESSIONAL SERVICES AGREEMENT
STANDARD TERMS AND CONDITIONS.

‘TABLE OF CONTENTS:
PAGE
ARTICLE 1. DEFINITIONS 1
11 Definitions - 1
12 Interpretation =. 12
13 Order of Precedence of Component Parts 3
ARTICLE 2. DUTIES AND RESPONSIBILITIES OF CONTRACTOR . 3
21 Scope of Services 3
22 Deliverables ... coe 4
23. Standard of Performance ..... : $
24 Personnel . : : coe 3
25 Indemnification 7
26 — Ownership of Documents, 9
27 Copyright Ownership : a 9
28 Visual Artists Rights Act Waiver : 10
29 Records and Audits. eoeeeeenees
(@) Records
(b) Audits .

2.10 Confidentiality -

2.11 Assignments and Subcontracts
2.12 Limitation of Liability

ARTICLE 3. TIME LIMITS FOR PERFORMANCE
3.1 Schedule for Performance :
32 Timeliness of Performance
33. Agreement Extension Option

ARTICLE 4. COMPENSATION .....-.-.- : cee cess I6
4.1 Basis of Payment : : ces
42 Method of Payment .
43° Criteria for Payment...
44 Funding . o
45. Non-Appropriation ..

ARTICLE 5. DISPUTES

ARTICLE 6, COMPLIANCE WITH ALL LAWS,
6.1 Compliance with All Laws Generally

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Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4
Exhibit 5
Exhibit 6

Exhibit 7

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List of Exhibits
Scope of Services

Attachment A - Key Personnel

‘Attachment B - Schedule of Performance

‘Attachment C - Project Insurance Requirements,
‘Compensation end Method of Payment

‘Attachment A - Maximum Hourly Rates

‘Attachment B - City of Chicago Travel Reimbursement Guidelines
‘Attachment C - Contractor and Subcontractor Overhead Absorption Rates
MBE/WBE Commitments

‘Schedules C-1
‘Schedules D-1

Economic Disclosure Statement and Affidavit
Confidentiality Agreement
‘Task Order Form

Plan Compliance with Municipal Code

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PROFESSIONAL SERVICES AGREEMENT

‘This Agreement is entered into as ofthe __day of
by and between, an
(Giate of incorporation/organization and type of
legal entity) ("Contractor"), located at
‘and the City of Chicago ("City"), a municipal
‘corporation and home rule unit of local government existing under the laws ofthe State of
inois, acting through its Department of Construction and Permits (“Department”).

‘The City and Contractor agree as follows:

‘TERMS AND CONDITIONS

ARTICLE 1. DEFINITIONS.
1.1 Definitions

The following words and phrases have the following meanings for purposes of
this Agreement:

“Additional Services" means those services which are within the general scope of
Services of this Agreement, but beyond the description of services required under
Section 2.1 and Exhibit | and all services reasonably necessary to complete the
‘Additional Services to the standards of performance required by this Agreement,
‘Any Additional Services requested by the Department require the approval of the
City in a written amendment under Section 9.3 of this Agreement before
Contractor is obligated to perform those Additional Services and before the City
‘becomes obligated to pay for those Additional Services.

“Agreement” means this Professional Services Agreement, including all exhibits,
‘which are attached to it and incorporate in it by reference, and all amendments,
‘modifications or revisions made in accordance with its terms.

"Chief Procurement Officer" means the Chief Procurement Officer of the City
‘of Chicago and any representative duly authorized in writing to act on his behalf.

"Customer" means a Project owner and/or hisher design professional,

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lS em nC rs

“Executive Director" means the Executive Director of the Department of
Construction and Permits, and any representative authorized in writing to act on
the Executive Directors's behalf,

“Project” means medium to large/complex public and/or private projects located
‘throughout the City, for which the City secks municipal code compliance review
‘and related services.

“Services” or "Code Compliance Services” means, collectively, the services,
duties and responsibilities described in Article 2 and Exhibit | ofthis Agreement
‘and any and all work necessary to complete them or carry them out fully and to
the standard of performance required in this Agreement.

“Subcontractor” means any person or entity with whom Contractor contracts to
provide any part ofthe Services, including subcontractors and subconsultants of
any tier, whether or notin privity with Contractor.

1.2 Interpretation

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‘The term "include" (in all its forms) means “include, without limitation”
unless the context clearly states otherwise.

All references in this Agreement to Articles, Sections or Exhibits, unless
‘otherwise expressed or indicated are to the Articles, Sections or Exhibits
ofthis Agreement.

‘Words importing persons include firms, associations, partnerships, trusts,
‘corporations and other legal entities, including public bodies, as well as
‘natural persons,

Any headings preceding the text ofthe Articles and Sections ofthis
‘Agreement, and any table of contents or marginal notes appended to it, are
solely for convenience or reference and do not constitute a part ofthis
‘Agreement, nor do they affect the meaning, construction or effect of this,
‘Agreement.

‘Words importing the singular include the plural and vice versa. Words of
the masculine gender include the correlative Words ofthe feminine and
neuter genders

All references to a number of days mean calendar days, unless expressly
indicated otherwise.

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1.3 Order of Precedence of Component Parts

In the event of any conflict or inconsistency between the terms set forth in Article
1 through Article 12 of this Agreement and the terms set forth in Exhibit 1
‘trough Exhibit 7, including the Attachments to the Exhibits, the terms and
provisions contained in Article| through Article 12 ofthis Agreement wil tke
precedence over the terms and provisions contained in Exhibit | through Exhibit 7
xcept tothe extent such terms and provisions are more favorable tothe City

‘Article 1 through Article 12 gover the legal relationship between the parties and
Exhibit 1 and Exhibit 2 describe the Services Contractor is to perform under this
‘Agreement, set forth the Key Personnel, set forth the time limits for Contractor's
performance, set forth the insurance requiremenis, and set forth the compensation
for Contractor. Asa result, the City and Contractor agree that any tems or
matters set fort in ether Exhibit | or Exhibit2, including the Attachments tothe
Exhibits, that do not exclusively pertain to defining the Services Contractor isto
perform, the Key Personnel, the time limits for Contractor's performance, the
Jnsurance requirements, and the compensation schedule for Contractor are of no
effect as to this Agreement and, regardless of whether or not the City approves
such terms or matters, are not binding on the ity, except tothe extent that they
would diminish the City’s obligations under this Agreement or increase
Contractor's obligations or liabilities under this Agreement.

ARTICLE 2. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
21 Scope of Services

‘Contractor must perform those Services desribed in Exhibit L Scope of Services,
and services of a similar nature to the Services described in Exhibit J, that are
assigned to it by the City pursuant toa task order signed by the Executive Director
and approved by the Chief Procurement Officer, subject othe compensation
provisions of Anticle 4. Contractor must provide the Services in accordance with
the standards of performance sot forth in Section 2.3,

‘Contractor understands tha it isnot an exclusive provider of the Services and the
City may contract with other individuals/entities to provide similar services and
seek to qualify additional individula/entties in the future, atthe Ciy's sole
discretion.

‘The form of the task order will be generally as shown in Exhibit 6, but the format
is subject to change by the Executive Director. The City is under no obligation to

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issue any task orders. A task order is void and of no effect as tothe City: (i ifit
is not for services described in Exhibit | or for services of a similar nature tothe
Services described in Exhibit 1; (i) tothe extent it contains any terms or
‘conditions that conflict with, are inconsistent with, or address matters not
‘addressed in the terms and conditions ofthis Agreement; (ii) if tis not signed by
‘the Executive Director and approved by the Chief Procurement Officer; or, (iv) if
itis for services for which no or insufficient funds have been appropriated.

“The procedures for assigning a task oréer are outlined in Exhibit 1. Any of
Contractor's costs associated with the preparation of task orders are deemed to be
included in Contractor's hourly rates forthe actual Services and are not separately
reimbursable under this Agreement. Contractor must not commence any Services,
and the City will not be liable for any costs incurred by Contractor, without a task
‘onder signed by the Executive Director and approved by the Chief Procurement
Officer for those Services.

Ifany additional service to be assigned is not ofa nature similar to those Services
described in Exhibit 1, Scope of Services, then this Agreement must be amended
to incorporate the additional service and executed in accordance with Section 9.3
“Amendments” of the Agreement.

Each of Contractor's employees and the employes of each Subcontractor who
will be performing Services relating to this Agreement must attend all training
sessions provided by the City and scheduled by the Executive Director, but nether
Contractor nor Subcontractor are permitted to bill the City for the employees”

time.

Deliverables

In carrying out its Services, Contractor must prepare or provide to the City various
Deliverables. "Deliverables" include work product, such as designs, plans and
specifications, written reviews, recommendations, reports and analyses, produced
by Contractor forthe City.

‘The City may reject Deliverables that do not include relevant information or data,
‘0 do not include all documents or other materials specified in this Agreement or
reasonably necessary for the purpose for which the City made this Agreement or
for which the City intends to use the Deliverables. Ifthe City determines that
‘Contractor has failed to comply with the foregoing standards, it has 30 days from
the discovery to notify Contractor of its failure. If Contractor does not correct the
failure, ifit is possible to do so, within 30 days after receipt of notice from the

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City specifying the failure, then the Ci
a default of this Agreement under Section 8.1.

arial or incomplete Deliverables may be accepted for review only when required
fora specific and well-defined purpose for the benefit ofthe City and when
consented to in advance by the City. Such Deliverables will not be considered as
satisfying the requirements of this Agreement and partial or incomplete
Deliverables in no way relieve Contractor of its commitments under this
‘Agreement,

23 Standard of Performance

Contractor must perform all Services required of it under this Agreement with that
degree of skill, care and diligence normally shown by a contractor performing
services of a scope and purpose and magnitude comparable with the nature of the
Services to be provided under this Agreement. Contractor acknowledges that it is
entrusted with or has access to valuable and confidential information and records
of the City and with respect to that information, Contractor agrees to be held to
the standard of care ofa fiduciary.

Contractor must assure that all Services that require the exercise of professional
skills or judgment are accomplished by professionals qualified and competent in
the applicable discipline and appropriately licensed, as required by law or
applicable regulations. Contractor must provide copies of any such licenses.
Contractor remains responsible for the professional and technical accuracy of all
Services or Deliverables furnished, whether by Contractor or its Subcontractors or
‘others on its behalf. All Deliverables must be prepared in a form and content
satisfactory to the Department and delivered in a timely manner consistent with
the requirements of this Agreement.

1 Contractor fils to comply withthe foregoing standards, Contractor must
perform again, a its own expense all Services required to be re-performed as
director indirect result ofthat failure. Any review, approval, acceptance or
payment for any ofthe Services bythe City doesnot relieve Contractor a its
responsibilty for the professional skill and care and technical accuracy o
Services and Deliverables. This provision in no way limits the City’s rights
‘against Contractor either under this Agreement, at law or in equity

24 Personnel

(a) Adequate Staffing

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Contractor must, upon receiving a fully executed copy of this Agreement,
assign and maintain during the term of this Agreement and any extension
oft an adequate staff of competent personnel that is fully equipped,
licensed as appropriate, available as needed, qualified and assigned to
perform the Services. Each Contractor and Subcontractor and each
‘employee who will perform Services must be licensed or certified, as.
applicable, by the State of Minis for the Services itis to provide under
this Agreement. If Contractor isa joint venture, then it and each member
of the joint venture must be "firm-licensed" by the State of Ilinois for the
‘Services being provided pursuant to this Agreement (see Exhibit | for
‘Scope of Services). Contractor must include among its staff the Key
Personnel identified in Exhibit 1. Contractor must provide a resume for
‘ach of the Key Personnel. Those resumes are included in Exhibit. The
level of staffing may be revised from time to time by notice in writing
from Contractor to the City and with written consent ofthe City, which
consent the City will not withhold unreasonably. Ifthe City fails to object
to the revision within 14 days after receiving the notice, then the revision
will be deemed accepted by the City

Key Persoune!

Contractor must not reassign or replace Key Personnel without the written
consent ofthe City, which consent the City will not unreasonably
withhold. "Key Personne!” means those job titles and the persons
assigned to those positions in accordance with the provisions of this
Section 2.4(b), and set forth in Exhibit 1, Attachment 1-A.. The
Department may at anytime in writing notify Contractor that the City will
no longer accept performance of Services under this Agreement by one or
‘more Key Personne! listed. Upon that notice Contractor must immediately
suspend the services ofthe key person or persons and must replace him or
her or them in accordance with the terms of this Agreement. From time to
time, Contractor may request revisions to Exhibit 1; upon written approval
from the Executive Director, Exhibit 1 will be considered revised as
‘memorialized in the Executive Director's approval

Salaries

‘Wages

Contractor and Subcontractors must pay all salaries and wages due all
‘employees performing Services under this Agreement unconditionally and
atleast once a month without deduction or rebate on any account, except
‘only for those payroll deductions that are mandatory by law or are

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permitted under applicable law and regulations. If n the performance of
this Agreement Contractor underpays any such salaries or wages, the
‘Comptroller for the City may withhold, out of payments due to Contractor,
‘an amount sufficient to pay to employees underpaid the difference between
the salaries or wages required to be paid under this Agreement and the
salaries or wages actually paid these employees for the total number of
hours worked. The amounts withheld may be disbursed by the
‘Comptroller for and on account of Contractor to the respective employees
to whom they are due. The parties acknowledge that this Section 2.4(¢) is
solely forthe benefit ofthe City and that it does not grant any third party
beneficiary rights

2S Indemnification
(@) Contractor must defend, indemnify, keep and hold harmless the City its
officers, representatives, elected and appointed officials, agents and
employees from and against any and all Losses, including those related to:
(@ injury, death or damage of or to any person or property;

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

(ii) Contractor's failure to perform or cause to be performed
Contractor's covenants and obligations as and when required under
this Agreement, including Contractor's failure to perform its
‘obligations to any Subcontractor;

(iv) the City’s exercise of its rights and remedies under Section 8.2 of
this Agreement; and

(%) injuries to or death of any employee of Contractor or any
‘Subcontractor under any workers compensation statute.

(©) "Losses" means individually and collectively, liblities of every kind,
including losses, mages and reasonable costs, payments and expenses
(such as, but not limited to, court costs and reasonable attorneys fees and
Aisbursements), claims, demands, actions, suits, proceedings, judgments or
seftlements, any or all of which in any way arse out of o relate 10
Contractor's breach ofthis Agreement orto Contractor’ negligent or
otherwise wrongful acs or omissions or those of its officers, agents,
cemmployees, consultants, Subcontractors or licensees.

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Contractor's obligations to indemnify, keep, and hold harmless the City,
its officers, representatives, elected and appointed officals, agents and
employees from and against any and all Losses excludes that potion of
Losses caused by any act, eror or omission on the part of the particular
City officers), representatve(s, elected and appointed officials), agent(s)
‘or employee(s) seeking indemnification under this Section 2.5 if
Contractor's indemnification would violate the provisions of the
Construction Contract Indemnification for Negligence Act, 740 ILCS
35/0.01 et seg

[Atte City Corporation Counsel's option, Contractor, subject to Section
2.5(6) above, must defend all suits brought upon all such Losses and must
pay all costs and expenses incidental to them, but the City has the right, at
its option, to participate, at its own cost, in the defense of any suit, without
relieving Contractor of any of its obligations under this Agreement. Any
settlement must be made only wth the prior writen consent ofthe City
Corporation Counsel, ifthe settlement requires any ation on the pat of
the City

To the extent permissible by law, Contractor waives any limits tothe
amount ofits obligations to indemnify, defend or contribute to any sums
due under any Losses, including any claim by any employee of Contractor
that may be subject to the Workers Compensation Act, 820 ILCS 305/1 et
‘eq. or any other related law or judicial decision (such as, Koreck!v
Cyclops Welding Corporation, 146 Il 24 155 (1991)). The City,
however, does not waive any limitations it may have on its liability under
‘the Ilnois Workers Compensation Ac, the Ilinois Pension Code, any
other statute or judicial decision.

‘The indemnities in this section survive expiration or termination ofthis
Agreement for matters occurring or arising during the term of this
‘Agreement or as the result of or during the Contractor's performance of
Services beyond the term. Contractor acknowledges thatthe requirements
set forth in this section to indemnify, keep and save harmless and defend
‘the City are apart from and not limited by Contractor's duties under this,
‘Agreement, including the insurance requirements in Exhibit | of this
Agreement.

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27

‘Ownership of Documents

All Deliverables, data, findings oF information in any form prepared, assembled or
encountered by or provided to Contractor under this Agreement are property of
the City, including, as further described in Section 2.7 below, all copyrights
inherent in them or their preparation. During performance of its Services,
Contractor is responsible for any oss or damage tothe Deliverables, data,
findings or information while in Contractors or any Subcontractors possession.
Any such lost or damaged Deliverables, data, findings or information must be
restored at the expense of Contractor. Ifnot restorabl, Contractor must bear the
cost of replacement and of any oss suffered by the City on account of the
destruction, as provided in Section 2.5.

Copyright Ownership

Contractor and the City intend that, tothe extent permitted bylaw, the
Deliverables tobe produced by Contractor at the City’s instance and expense
under this Agreement are conclusively deemed "works made for hire” within the
‘meaning and purview of Section 101 ofthe United States Copyright Act, 17
USC. §101 et seq, and thatthe City wil be the sole copyright owner ofthe
Deliverables and ofall aspects, elements and components of them in which
copyright can subsist and of all rights to apply for copyright registration or
prosecute any claim of inftingement.

To the extent that any Deliverable does not qualify as a "work made for hie,"
Contractor hereby itrevocably grants, conve, bargain, sells, assigns, transfers
and delivers to the City, its successors and assigns, allright, tile and interest in
and tothe copyrights and all U.S. and foreign copyright registrations, copyright
applications and copyright renewals for them, and other intangible, intellectual
‘property embodied in or pertaining othe Deliverables prepared forthe City under
this Agreement, and all goodwill eating to them, fre and clear of any liens,
claims or ther encumbrances, to the fllest extent permitted by law. Contractor
will and wil eause all ofits Subcontractors, employees, agents and other persons
within its contol to, execute all documents and perform all acts that the City may
reasonably request in order to assist the City in perfecting its rights in and to the
copyrights relating tothe Deliverables, a the sole expense of the City. Contractor
warrants to the City, its successors and assigns, that on te date of transfer
Contractors the lawfial owner of good and marketable ttle in and tothe
copyrights for the Deliverables and has the legal rights to fully assign them.
Contractor further warrants that it has not assigned and will not assign any
copyrights and that thas not granted and will nt grant any licenses, exclusive or
nonexclusive, to any other party, and that it is nota party to any other agreements

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or subject to any other restrictions with respect to the Deliverables. Contractor
‘warrants that the Deliverables are complet, entire and comprehensive within the
standard of performance under Section 2.3 ofthis Agreement and thatthe
Deliverables constitute a work of original authorship. The City will not reuse the
Deliverables to build other projects, without the written consent of Contractor.

28 Visual Artists Rights Act Waiver

Contractor waives any and all rights, in any work of visual art that may be
provided pursuant to this Agreement, that may be granted or conferred under
Section 106A and Section 113 of the United States Copyright Act (17 US.C. §
101 et seq) (the "Copyright Act)

29 — Records and Audits
(a) Records

(Contractor must deliver or eaus to be delivered to the City all
documents, including all Deliverables prepared forthe City under
the terms ofthis Agreement, tothe City promply in accordance
‘with the time limits prescribed inthis Agreement, and if no time
limits specified, then upon reasonable demand for them or upon
termination or completion ofthe Services under this Agreement.
In the event ofthe falure by Contractor to make such delivery
upon demand, then and in that event, Contractor must pay tothe
City any damages the City may sustain by reason of Contractor's
failure

Gi) Contractor must maintain any such records including Deliverables
not delivered to the City or demanded by the City fora period of S
‘years after the final payment made in connection with this
‘Agreement. Contractor must not dispose of such documents
following the expiration of this period without notification of and
‘written approval from the City in accordance with Article 10.

(&) Audits
(@ Contractor and any of Contractor's Subcontractors must furmish the
Department with all information that may be requested pertaining,
to the performance and cost ofthe Services. Contractor must
‘maintain records showing actual time devoted and costs incurred.
‘Contractor must keep books, documents, paper, records and

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‘accounts in connection withthe Services open to aut, inspection,
‘copying, abstracting and transcription and must make these records
available to the City and any other interested governmental agency,
at reasonable times during the performance of its Services.

‘To the extent that Contractor conducts any business operations
separate and apart from the Services required under this Agreement
‘sing, for example, personnel, equipment, supplies or facilities also
‘used in connection with this Agreement, then Contractor must
‘maintain and make similarly available to the City detailed records
‘supporting Contractor's allocation fo this Agreement ofthe costs
‘and expenses attributable to any such shared usages.

Contractor must maintain its books, records, documents and other
‘evidence and adopt accounting procedures and practices sufficient
1 reflect properly all costs of whatever nature claimed to have
‘been incurred and anticipated to be incurred for or in connection
‘with the performance of this Agreement. This system of
‘accounting must be in accordance with generally accepted
accounting principles and practices, consistently applied
throughout.

[No provision in tis Agreement granting the Cty aright of access
to records and documents is intended to impair, limit or affect any
right of access to such records and documents which the City
‘would have had in the absence of such provisions.

‘The City may in its sole discretion audit the records of Contractor
or its Subcontractors, or both at any ime during the term ofthis
‘Agreement or within five years after the Agreement ends, in
Connection wth the goods, work, or services provided under this
‘Agreement. Each calendar yer or partial calendar year is
considered an “audited period.” If, asa result of such an audit itis
‘determined that Contractor or any of is Subcontractors has
‘overcharged the City in the audited period, the City will notify
Contractor. Contractor must then promptly reimburse the City for
‘any amounts the City has paid Contractor due tothe overcharges
and also some oll of the cost ofthe audit, as follows:

‘A, Ifthe audit has revealed overcharges tothe City
representing less than 5% of the total value, based on the
Agreement prices, of the goods, work, or services provided

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in the audited period, then the Contractor must reimburse
the City for 50% of the cost ofthe audit and 50% of the
cost of each subsequent audit thatthe City conducts;

B. however, the audit has revealed overcharges tothe City
representing 5% or more ofthe total value, based on the
‘Agreement prices, ofthe goods, work, or services provided
inthe audited period, then Contractor must reimburse the
City forthe full cost of the audit and of each subsequent
audit,

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

210 Confidentiality

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All documents (“Documents”), inciuding plans, minutes of meetings,
review comments, drawings, data and materials (eg., correction sheets,
Municipal Code of Chicago information and specifications), prepared,
assembled or encountered by or provided to Contractor or its
Subcontractors under this Agreement are property of the City or of permit
applicants and are confidential, except as specifically authorized inthis
‘Agreement or as may be required by law. Contractor must not allow the
Documents to be made available (o any individual or organization, other
than the Key Personnel Listed in Exhibit | and those individuals expressly
‘authorized in writing by the Executive Director, without the writen
consent ofthe City. Ifthe Executive Director determines that any of
Contractor's Subcontractors has a conflict of interest regarding a particular
Project assigned to Contractor pursuant toa task order, Contractor must
not allow any Documents to be disclosed to that (those) Subcontractors).
Further, all Documents and other information provided to Contractor or its
‘Subcontractors by the City or permit applicants are confidential and must
not be made available to any other individual or organization without the
written consent of the City. Contractor must implement such measures a5
may be necessary to ensure that its staff and its Subcontractors are bound
by the confidentiality provisions contained in this Agreement

Contractor must not issue any publicity news releases or grant press
interviews, and except as may be required by law during or after the
performance of this Agreement, disseminate any information regarding its

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‘Services or the Project to which the Services pertain without the prior
written consent of the Executive Director.

(©) _ If Contractor is presented with a request for documents by any
administrative agency or with a subpoena duces tecum regarding any
records, data or documents which may be in Contractor's possession by
reason of this Agreement, Contractor must immediately give notice to the
Executive Director and the Corporation Counse forthe City with the
understanding tat the City will ave the opportunity to contest sch
process by any means available toi before the records or document re
Submited toa court or othe third party. Contractor, however, i not
obligate to withhold the delivery beyond the time ordered by the court or
administrative ageney nles the subpar or request is quashed or the
time to produce is otherwise extended

(@ Contractor must maintain the security at all times of any Documents that it
is reviewing pursuant to this Agreement. At a minimum, Contractor must
censure that only personnel authorized by this Agreement have access to
areas in which Contractor stores and reviews those Documents.
Contractor must lock all of those Documents in a limited access storage
room. The storage room must be protected by a burglar alarm system,
‘motion detector, smoke detectors and a sprinkler system.

(©) Contractor must obtain an executed "Confidentiality Agreement,” in the
form attached to this Agreement as Exhibit 5, ftom each individual
assigned to a Project pursuant to this Agreement,

241 Assignments and Subcontracts

Contractor must not assign, delegate or otherwise transfer ll or any part of its
rights or obligations under this Agreement or any pat of it, unless otherwise
provided for inthis Agreement or without the express written consent ofthe Chief
Procurement Officer andthe Department. The absence of such a provision or
writen consent voids te attempted assignment, delegation or transfer and is of no
effect as tothe Services or this Agreement. No approvals given by the Chief
Procurement Officer operat to relieve Contractor of any of its obligations or
liabilities under this Agreement

All subcontracts and all approvals of Subcontractors are, regardless of ther form,
‘considered conditioned upon performance by the Subcontractor in accordance

‘with the terms and conditions ofthis Agreement. If any Subcontractor fils to
‘observe or perform the terms and conditions of this Agreement to the satisfaction

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ofthe Department, the City has the absolute right upon written notification to
immediately rescind approval and to require the performance ofthis Agreement
by Contractor personally or through any other City-approved Subcontractor. Any
approval forthe use of Subcontractors in the performance of the Services under
this Agreement under no circumstances operates to relieve Contractor of any of its
‘obligations or liabilities under this Agreement

Contractor, upon entering into any agreement with a Subcontractor, must furnish
upon request of the Chief Procurement Officer or Department a copy of its
agreement. All subcontracts must contain provisions that require the Services be
performed in strict accordance wit the requirements of this Agreement, provide
thatthe Subcontractors are subject to all the terms of this Agreement and are
subject to the approval ofthe Department and the Chief Procurement Officer. If
the agreements do not prejudice any of the City's rights under this Agreement,
‘such agreements may contain different provisions than are provided in this
Agreement with respect to extensions of schedule, time of completion, payments,
‘guarantees and matters not affecting the quality ofthe Services.

‘Contractor must not transfer or assign any funds or claims due or to become due
under this Agreement without the prior written approval of the Chief Procurement
Officer. The attempted transferor assignment of any funds, either in whole or in
part, or any interest in them, which are due or to become due to Contractor under
this Agreement, without such prior written approval, has no effect upon the City.

Under the Municipal Code of Chicago, ch. 2-92, Section 2-92-245, the Chief
Procurement Officer may make direct payments to Subcontractors for Services
performed under this Agreement. Any such payment has the same effect as ifthe
City had paid Contractor that amount directly. Such payment by the City to
Contractor's Subcontractor under no circumstances operates to relieve Contractor
‘of any of its obligations or liabilities under this Agreement. This section is solely
for the benefit ofthe City and does not grant any third party beneficiary rights.

2.12 Limitation of Liability

(a) Except as provided under Section 2.12 (b)below, Contractor's liability for
any and al claims brought against it by the City, individually rin the
‘aggregate, arising out of or relating to this Agreement, whether sounding
in contract, warranty, tort, strict liability or any other cause of action, is
limited to $2.0 million or the aggregate amount of fees paid orto be paid
tnder this Agreement, whichever amount is greater.

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(©) The following claims are excluded from the liability limitation ofthis
section, and any losses, liability or damages from such claims do not
‘operate to diminish Contractor's liability for claims that would be subject
‘to the above limitation:

(any losses, liability or damages resulting from Contractor's fraud,
criminal acts, intentional misconduct, bad faith or willful and
‘wanton misconduct;

Gi) any third-party claims under Section 2.5 ofthis Agreement.

ARTICLE 3. TIME LIMITS FOR PERFORMANCE
31 Schedule for Performance

‘This Agreement takes effect as ofthe date in the preamble ("Effective Date") and
continues for 36 months from the Effective Date, or until the Agreement is
terminated in accordance with its terms, whichever occurs first. Contractor must
complete all Services assigned to it by a task order, in accordance with Section
2.1, tothe satisfaction of the City no later than as specified in the task order. If
this Agreement is not extended, then no new task orders will be assigned 10
Contractor beginning 12 months from the Effective Date.

3.2 Timeliness of Performance

(2) Contractor must perform the Services as expeditiously as is consistent
‘with professional skill and care and must provide the Services and
Deliverables within the schedule required under Exhibit | ofthis
Agreement. Further, Contractor acknowledges that TIME IS OF
‘THE ESSENCE and that the failure of Contractor to comply with
time limits described in this Section 3.2 may resalt in economic or
other losses to the City.

(©) Neither Contractor nor Contractor’ agents, employees or Subcontractors
‘are entitled to any damages from the City, nor is any paty entitled to be
reimbursed bythe City for damages, charges or other losses or expenses
incurred by Contractor by eason of delays or hindrances in the
performance ofthe Services, whether or not eased by the City.

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St on ng nt Cop ee it

33

ARTICLE 4.

4a

Agreement Extension Option

‘The Chief Procurement Officer may at any time before thie Agreement expires
lect to extend this Agreement for up to 2 additional one-year periods under the
same tems and conditions as this original Agreement, except as provided
‘otherwise in this Agreement, by notice in writing to Contractor.

‘COMPENSATION
Basis of Payment

‘The City will compensate Contractor according to the Schedule of Compensation
contained in Exhibit2 ofthis Agreement for the satisfactory completion of the
Services.

‘Notwithstanding anything in the Schedule of Compensation set forth in Exhibit 2
to the contrary, Contractor's compensation under this Agreement is limited to
those amounts allowable and allocable to this Agreement under 48 C.F.R. Part 31,
‘Subpart 31.6 (the Federal Acquisition Regulation), OMB Circular A-87
(incorporated by reference into 48 C.F.R. Part 31, Subpart 31.6), and the cost
principles set forth in 48 C.F.R. Part 31, Subpart 31.2, but only to the extent that
the cost principles in Subpart 31.2 do not conflict with the terms of 48 CER, Part
31, Subpart 31.6 and OMB Circular A-87. To the extent that an audit reveals that,
Contractor has received payment in excess of such amounts, the City may offset
such excess payments against any future payments due to Contractor and, if no
future payments are due or if future payments are less than such excess,
Contractor must promptly refund the amount of the excess payments tothe City.

‘Method of Payment

Contractor must submit monthly invoices to the Cty for labor and other direct and
indirect costs as billed, as outlined in the Schedule of Compensation in Exhibit 2.
‘The invoices must be signed, dated, reference the City contract number and name,
and must be in such other detail asthe City requests. If Contractor has more than
‘one agreement with the City, Contractor must prepare and submit separate
invoices for each agreement. Contractor must not submit invoices for les than
'$500 unless a particular invoice is for last payment related to closeout ofthe
Services

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43

‘The City will process payment within 60 days after receipt of invoices and all
supporting documentation necessary forthe City to verify the Services provided
under this Agreement,

Criteria for Payment

‘The reasonableness, allocability, and allowability of any costs and expenses.
‘charged by Contractor under this Agreement will be determined by the Chief
Procurement Officer and the Executive Director in their sole discretion.

In the event ofa dispute between Contractor and the City as to whether an
particular charge will be paid, or as to whether the amount of such charge is
reasonable, allocable to the Services, or allowable, Contractor must, and the
Department may, jointly or individually, refer such dispute to the Chief
Procurement Officer for resolution in accordance with the Disputes section of this
‘Agreement, The City will not withhold payment for undisputed sums on such
invoice while a dispute is being resolved. All invoice disputes will be handled as
described in Seetion B.3 of Exhibit 2.

Funding

‘The source of funds for payments under ths Agreement is the Fund Number set
forth in Exhibit2. Payments under this Agreement wil not be made or due to
Contractor in excess of the dollar amount set forth in Exhibit 2 without ¢ written
amendment in accordance with Section 9.3.

Non-Appropriation

If no funds or insufficient funds are appropriated and budgeted in any fiscal period
of the City for payments to be made under this Agreement, then the City will
notify Contractor in writing of that occurrence, and this Agreement will terminate
‘on the earlier of the last day of the fiscal period for which sufficient appropriation
‘was made or whenever the funds appropriated for payment under this Agreement
are exhausted. Payments for Services completed to the date of notification will be
‘made to Contractor except that no payments will be made or due to Contractor
‘under this Agreement beyond those amounts appropriated and budgoted by the
City to fund payments under this Agreement.

Revised (0307031 ”

UNTITLED-021
ARTICLE 5. DISPUTES

Except as otherwise provided in this Agreement, Contractor must and the Executive
Director may bring any dispute concerning a question of fact arising under this
Agreement which is not disposed of to the Chief Procurement Officer for decision based
‘upon written submissions ofthe parties. (A copy of the "Regulations of the Department
‘of Procurement Services for Resolution of Disputes between Contractors andthe City of
Chicago" is available in City Hall, 121 N. LaSalle Street, Room 301, Bid and Bond
Room.) The Chief Procurement Officer will reduce his decision to writing and mail or
‘otherwise fumish a copy of it to Contractor. The ‘ofthe Chief Procurement
Officer is final and binding. If Contractor does not agree with the decision ofthe Chief
Procurement Officer, the sole and exclusive remedy is judicial review by a common law
writ of certiorari

ARTICLE 6. COMPLIANCE WITH ALL LAWS.
6.1 Compliance with All Laws Generally

(@) Contractor must observe and comply wth all applicable federal, sate,
‘county and municipal law, stattes, ordinances and executive orders, in
effect now or later and whether or not they appear in tis Agreement,
including those set forth inthis Article 6, and Contractor must pay all
taxes and obtain all licenses, certificates and other authorizations required
bby them. Contractor must require all Subcontractors todo 80, also.
‘Contractor must have filed, within 1 year prior tothe Effective Dat, an
‘executed Economic Disclosure Statement and Affidavit (‘Disclosure
Affidavit) in the form incorporated into this Agreement as Exhibit 4,
‘Notwithstanding acceptance by the City ofthe Disclosure Afidavit, failure
‘of the Disclosure A idavit to include all information required unde the
“Manipal Code renders this Agreement voidable at the option ofthe City,

(©). Notwithstanding anything in this Agreement to the contrary, references to
statute or law are considered to be a reference to (i the statute or law as
it may be amended from time to time; (i) all regulations and rules
pertaining to or promulgated pursuant to the statute or law; and (ii) all
future statutes, laws, regulations, rules and executive orders pertaining to
the same or similar subject matter.

Revised (0307031 18

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Peta Se Aa en at aa ree

62 Nondiscrimination

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evived (0307031

Contractor

In performing its Services under this Agreement, Contractor must comply
‘with applicable laws prohibiting discrimination against individuals and
groups.

(i) Federal Requirements

In performing its Services under this Agreement, Contractor must
not engage in unlawful employment practices, such as) filing or
reftsing to hire or discharging any individual or otherwise
‘iseiminating against any individual with respect to compensation
‘or the terms, conditions, or privileges ofthe individual
employment, because ofthe individual's race, color, religion, sex,
age, handicap/disability or national origin; or (2) limiting,
segregating or classifying Contractor's employees or applicants for
‘employment in any way that would deprive or tend to deprive any
individual of employment opportunities or otherwise adversely
affect the individual's satus as an employee, because ofthe
individual's race, color, religion, sex, age, handicap/disability or
national origin.

‘Contractor must comply with, and the procedures Contractor
utilizes and the Services Contractor provides under this Agreement
rust comply with, the Civil Rights Act of 1964, 42 US.C. sec.
2000 et seq, (1981), as amended and the Civil Rights Act of 1991,
PLL. 102-166. Attention is called to: Exec. Order No. 11246, 30,
Fed. Reg. 12,319 (1965), reprinted in 42 U.S.C. 2000¢ note, as
amended by Exec. Order No. 11375, 32 Fed. Reg. 14,303 (1967)
and by Exec. Order No. 12086, 43 Fed. Reg. 46,501 (1978); Age
Discrimination Act, 42 U.S.C. §§ 6101-6106 (1981); Age
Discrimination in Employment Act, 29 U.S.C. §§621-34;
Rehabilitation Act of 1973, 29 USC. §§ 793-794 (1981);
‘Americans with Disabilit

‘CER. Part 60 et seq. (1990); Drug Abuse Office and Treatment
‘Act of 1972, PL. 92-255, as amended; and Comprehensive
Alcohol Abuse and Alcoholism Prevention Act of 1970, PL. 91-
(616, as amended; and all other applicable federal statutes,
regulations and other laws.

UNTITLED-023
‘SiN eg eC Sr
Gi) State Requirements

‘Contractor must comply with, and the procedures Contractor
utilizes and the Services Contractor provides under this Agreement
‘must comply with, the Ilinois Human Rights Act, 775 ILCS $/1-
101 et seq. (1990), as amended and any rules and regulations
promulgated in accordance with it, including the Equal
Employment Opportunity Clause, 44 Il. Admin. Code § 750
‘Appendix A. Furthermore, Contractor must comply with the
Public Works Employment Discrimination Act, 775 ILCS 10/0.01
‘et seq. (1990), as amended; and all other applicable state statues,
regulations and other laws.

Gil) City Requirements

Contractor must comply with, and the procedures Contractor
utilizes and the Services Contractor provides under this Agreement
‘must comply with, the Chicago Human Rights Ordinance, ch. 2-
160, Section 2-160-010 et seq. of the Municipal Code of Chicago
(1990), as amended, and all other applicable City ordinances and
rules. Further, Contractor must furnish and must cause each ofits
‘Subcontractors to furnish such reports and information as.
requested by the Chicago Commission on Human Relations.

(©) Subcontractors

‘Contractor must incorporate this Section 6.2 by reference in all agreements
centered into with Subcontractors and labor organizations that furnish
skilled, unskilled and craft union skilled labor, or any other services in
‘connection with this Agreement.

63 Compliance with the Americans with Disabilities Act and Other Laws
Concerning Accessibility

Contractor covenants that all designs, plans and drawings produced or utilized
under this Agreement will address and comply with al federal, state and local
laws and regulations regarding accessibility standards for persons with disabilities
or environmentally limited persons including the following: the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans
Disabilities Act Accessibility Guidelines for Buildings and Facilities
(CADAAG") the Architectural Barriers Act, Pub. L, 90-480 (1968), and the
Uniform Federal Accessibility Standards ("UFAS"); andthe Hinois

Revised (030703) 20

UNTITLED-024
64

65

Environmental Barriers Act, 410 ILCS 25/1 et seq., and all regulations
‘promulgated thereunder, see Iinois Administrative Code, Title 71, Chapter 1,
Section 400.110, Ifthe above standards are inconsistent, Contractor must assure
that its designs, plans, and drawings comply with the standard providing the
greatest accessibility. Also, Contractor must, prior to construction, review the
plans and specifications to insure compliance with these standards. If Contractor
fails to comply with the foregoing standards, the City may, without limiting any of
its remedies set forth in Section 8.2 or otherwise available at Inw, in equity or by
‘statute, require Contractor to perform again, at no expense, all Services required
to be reperformed as a director indirect result of such failure.

Inspector General

Itis the duty of any bidder, proposer or Contractor, all Subcontractors, every
applicant for certification of eligibility for a City contract or program, and all
officers, directors, agents, partners and employees of any bidder, proposer,
Contractor, Subcontractor or such applicant to cooperate with the Inspector
General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the
“Municipal Code of Chicago. Contractor understands and will abide by all

provisions of Chapter 2-56 of the Municipal Code of Chicago. All subcontracts
‘must inform Subcontractors ofthe provision and require understanding and
compliance with it.

Business Relationships with Elected Officials

Pursuant to Section 2-156-030(b) ofthe Municipal Code of the City of Chicago, it
isillegal for any elected official ofthe City, or any person acting atthe direction
of such official, to contac, either orally or in writing, any other City official or
employee with respect to any matter involving any person with whom the elected
official has a business relationship, orto participate in any discussion in any City
Council committee hearing or in any City Couneil meeting or to vote on aay
matter involving the person with whom an elected offical has a business
relationship. Violation of Section 2-156-030(b) by any elected official with
respect to this Agreement is grounds for termination of this Agreement. The term
business relationship is defined as st forth in Section 2-156-080 of the Municipal
Code of Chicago.

Seotion 2-156-080 defines a "business relationship" as any contractual or other
private business dealing of an official, or his or her spouse, or of any entity in
which an official or his or her spouse has a financial interest, witha person or
entity which entitles an official to compensation or payment in the amount of
$2,500 or more in a calendar year; provided, however, a financial interest shall not

Revised (0207031 a

UNTITLED-025
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66
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‘include: (i) any ownership through purchase at fair market value or inheritance of
less than one percent ofthe share ofa corporation, or any corporate subsidiary,
Parent or affiliate thereof, regardless of the value of or dividends on such shares, if
such shares are registred on a securities exchange pursuant tothe Securities
Exchange Act of 1934, as amended; i) the authorized compensation pai to an
‘official or employee for his office or employment; (i) any economic benefit
provided equally to all residents of the City; (iv) 8 time or demand deposit in 2
financial institution; or (v) an endowment or insurance policy or annuity contract
‘purchased from an insurance company. A "contractual or other private
business dealing” shall not include any employment relationship ofan official's
spouse with an entity when such spouse has no discretion concerning or input
relating to the relationship between that entity and the City

(Chicago "Living Wage" Ordinance

Section 292-610 ofthe Municipal Code of Chicago provides fora living wage for
certain categories of workers employed in the performance of City contracts,
specifically non-City employed security guards, parking attendants, day laborers,
home and health care workers, cashiers, elevator operators, custodial workers and
clerical workers ("Covered Employees"). Accordingly, pursuant to Section
2-92-610 and regulations promulgated under it:

( _IfContractor has 25 or more full-time employees, and

(ii) tat any time daring the performance ofthis Agreement,
Contractor andor any Subcontractor or anyother entity that provides any portion
of the Services (collectively "Performing Parties") uses 25 or more full-time
security guards, o any number of other fll-sime Covered Employees, then

(ii) Contractor must pay its Covered Employees, and must assure that
all other Performing Parties pay their Covered Employees, not less than the
minimum hourly rate as determined in accordance with this provision (the "Base
Wage’) forall Services performed under this Agreement,

‘Contractor's obligation to pay, and to assure payment of, the Base Wage will
‘begin at any time during the term of this Agreement when the conditions set forth
in (aX) and (ai) above are met, and will continue until the end of the term of
this Agreement

Prior to January 1, 2003, the Base Wage is $7.60 per hour, beginning January 1,
2003, the Base Wage is $9.05 per hour. As of July 1, 2003, and each July 1
thereafter, the Base Wage will be adjusted, using the most recent federal poverty

evived (030703) na

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ARTICLE 7.

1A

‘guidelines fora family of four as published annually by the U.S. Department of
‘Health and Human Services, to constitute the following: the poverty guidelines for
a family of four divided by 2000 hours or the current base wage, whichever is
‘higher. At all times during the term of this Agreement, Contractor and all other
Performing Parties must pay the Base Wage (as adjusted in accordance with the
above). If the payment of prevailing wages is required for Services done under
this Agreement, and the prevailing wages for Covered Employees are higher than
the Base Wage, then Contractor and all other Performing Parties must pay the
prevailing wage rates.

Contractor must include provisions in ll subcontracts requiring its Subcontractors
to pay the Base Wage to Covered Employees. Contractor agrees to provide the
City with documentation acceptable tothe Chief Procurement Officer
demonstrating that all Covered Employees, whether employed by Contractor or by
1 Subcontractor, have been paid the Base Wage, upon the City’s request for such
documentation. “The City may independently audit Contractor and/or
Subcontractors to verify compliance with ths Section. Failure to comply withthe
requirements ofthis section wil bean event of default under this Agreement, and
further, failure to comply may result in ineligibility for any award ofa

contractor subcontract fr upto 3 yeas.

Not-for-Profit Corporations: If Contractor isa corporation having federal tax-
exempt status under Section 501(c)(3) ofthe Internal Revenue Code and
recognized under Illinois not-for-profit law, then the provisions of Section (a)
through (d) above do not apply.

Deemed Inclusion
Provisions required by law, ordinances, rules, regulations, or executive orders to
be inserted in this Agreement are deemed inserted in this Agreement whether or
‘not they appear in this Agreement or, upon application by either party, this
Agreement will be amended to make the insertion; however, in no event will the
failure to insert the provisions before or after this Agreement is signed prevent its
enforcement.

SPECIAL CONDITIONS

‘Warranties and Representations

In connection with signing and carrying out this Agreement, Contractor:

Revised (0307031 B

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Revised (0307031

‘warrants that Contractor is appropriately licensed under Tinois law to
perform the Seivices required under this Agreement and will perform no
Services for which a professional license is required by law and for which
Contractor is not appropriately licensed;

‘warrants itis financially solvent; it and each of ts employees, agents and
‘Subcontractors are competent to perform the Services required under this
‘Agreement; and Contractor is legally authorized to execute and perform or
‘cause to be performed this Agreement under the terms and conditions
stated in this Agreement,

‘Warrants that it will not knowingly use the services of any ineligible
‘contractor or Subcontractor for any purpose inthe performance of ts
Services under this Agreement;

‘warrants that Contractor isnot in default at the time this Agreement is
signed, and has not been deemed by the Chief Procurement Officer to

have, within 5 years immediately preceding the date ofthis Agreement,
‘been found to be in default on any contract awarded by the City of
‘Chicago, and has obtained warranties from its Subcontractors substantially
similar in form and substance;

represents that it has carefully examined and analyzed the provisions and
requirements of this Agreement; it understands the nature ofthe Services
required; from its own analysis it has satisfied itself as to the nature of all
things needed for the performance of this Agreement; this Agreement is
feasible of performance in accordance with all ofits provisions and
requirements, and Contractor warrants it ean and will perform, or cause to
be performed, the Services in accordance with the provisions and
requirements ofthis Agreement;

represents that Contractor and, to the best of its knowledge, its
Subcontractors are not in violation of the provisions of Section 2-92-320
‘of Chapter 2-92 of the Municipal Code of Chicago, and in connection with
it, and additionally in connection with the Ilinois Criminal Code, 720
TLCS 5/33E as amended, and the Minois Municipal Code, 65 ILCS 5/11-
421-1; and

acknowledges that any certification, affidavit or acknowledgment made
under oath in connection with this Agreement is made under penalty of
perjury and, if false, is also cause for termination under Sections 8.1 and
8.3 of this Agreement

UNTITLED-028
72 Ethics
(@) In addition to the foregoing warranties and representations, Contractor
warrants:
(no officer, agent or employee of the City is employed by
Contractor or has a financial interest directly or indirectly inthis
‘Agreement or the compensation to be paid under this Agreement
except as may be permitted in writing by the Board of Ethies
established under the Municipal Code of Chicago (Chapter 2-156).
Gi) no payment, gratuity or offer of employment will be made in
‘connection with this Agreement by or on behalf of any
‘Subcontractors tothe prime Contractor or higher tier
‘Subcontractors or anyone associated with them, as an inducement
for the award of a subcontractor order.
(b) Contractor further acknowledges that any Agreement entered into,
‘negotiated or performed in violation of any of the provisions of Chapter 2-
156 is voidable as to the City.
73 Joint and Several Liability
If Contractor, or its successors or assign, if any, is comprised of more than one
individual or other legal entity (or a combination of them), then under this
‘Agreement, each and without limitation every obligation or undertaking inthis
Agreement to be fulfilled or performed by Contractor is the joint and several
obligation or undertaking of each such individual or other legal entity.
74 Business Documents
At the request ofthe City, Contractor must provide copies ofits latest articles of
incorporation, by-laws and resolutions, or partnership or joint venture agreement,
as applicable.
7S Conflicts of Interest
(@) _Nomember of the governing body of the City or other unit of government
and no other officer, employee or agent ofthe City or other unit of
{government who exercises any functions or responsibilities in connection
‘with the Services to which this Agreement pertains is permitted to have
‘any personal interest, director indirect, in this Agreement, No member of
evised (0307031 25

UNTITLED-029
St he aed ns mp eo,
‘or delegate to the Congress of the United States or the Tinois General Assembly and no
alderman of the City or City employee is allowed to be admitted to any share or part ofthis
‘Agreement orto any financial benefit to arise from it.

(O)

©

hevined [0307031

Contractor covenants that it, and to the best of its knowledge, its
Subcontractors if any (collectively, "Contracting Parties"), presently have
no direct or indirect interest and will not acquire any interest, direct or
indirect, in any project or contract that would conflict in any manner or
‘degree with the performance of its Services under this Agreement.

Contractor must disclose tothe City its and any ofits Subcontractors’ past
and current business arrangements or relationships, whether written or oral
‘and whether executed or in the process of negotiation or discussion, with
any individual or entity having an interest in a Project that isthe subject of
‘task order assigned, or proposed to be assigned, 1o Contractor pursuant to
‘this Agreement, Contractor and its Subcontractors must also disclose any
‘such individual or entity with whom they anticipate having an arrangement
‘or business relationship within the reasonably foreseeable future.
Contractor and its Subcontractors must provide the City with such detailed
information relating to any such arrangements as the City may reasonably
request to enable the City to determine whether an actual or potential
conflict of interest exists or may arise.

Contractor is not permitted to perform any Services forthe City on task
‘orders, applications or other documents submitted to the City by any of
Contractor's or any of its Subcontractors’) past clients, ifthe Services
relate to a Project that is the subject ofa task order for which Contractor or
any of its Subcontractors developed, caused to be developed, or began to
develop designs, plans, documents, cost proposals, or other work on behalf
‘of that past client; (i) present clients; or (ii) anticipated future clients, as
described above.

Contractor must ensure that it, its officers, directors and employees, and
the officers, directors and employees of each of its members if a joint
‘venture, and any Subcontractor have no interest and will acquire no
interest, direct or indirect, in any Project that would conflict in any manner
‘degree with the performance of the Services. Contractor must further
censure that in the performance of the Services no person having’any such
interest will be employed. If the Executive Director in his reasonable
judgment determines that any of Contractor's services (or those ofits
Subcontractors) for others would conflict with the Services Contractor is
to provide pursuant to any given task order, Contractor must either

26

UNTITLED-030
terminate such other services immediately upon request ofthe City or
‘Contractor would not be assigned the task order (or, if previously assigned
it, Contractor's participation in the task order or that of its affected
Subcontractors would be terminated, upon the recommendation of the
‘Executive Director in the sole disereton of the Chief Procurement
Officer.)

[Neither Contractor nor any person nor entity affiliated with it wil, during,
‘or after the term of this Agreement, participate in any Project, or any
portion of any Project, the code compliance of which Contractor or they
participated in reviewing under this Agreement.

(® Without limiting the foregoing, ithe Contracting Parties asit the City in
determining the advisability or feasibility of a Projector in recommending,
researching, preparing, drafting or issuing a request for proposals or bid
specifications fora Project, the Contracting Parties must not participate,
directly or indirectly, asa prime, subcontractor or joint venturer in that
Projecto in the preparation of «proposal or bid for that Project during the
term ofthis Agreement or afterwards. The Contracting Parties may,
however, assist the City in reviewing the proposals or bids forthe Project
iffnone ofthe Contracting Parties have a relationship with the persons or
entities that submitted the proposals or bids for that Project.

(©) Contractor further covenants tha, inthe performance ofthis Agreement,
no person having any conflicting interest will be assigned to perform any
Services or have acess to any confidential information, as defined in
Section 2.10 of tis Agreement. I the City, by the Executive Director in
his reasonable judgment, determines that any of Contractors Services for
others confit withthe Services Contractor i to render forthe City under
this Agreement, Contractor must terminate such other services
immediately upon request of the City

7.6 Non-Liability of Public Officials

Contractor and any assignee or Subcontractor of Contractor must not charge any
official, employee or agent ofthe City personally with any liability or expenses of
{defense or hold any official, employee or agent of the City personally liable to
them under any term or provision ofthis Agreement or because of the Citys
execution, attempted execution or any breach of this Agreement

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UNTITLED-031
tind teva ant al oman ee as

ARTICLE 8. EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION
AND RIGHT TO OFFSET

8.1 Events of Default Defined

‘The following constitute events of default:

(®) Any material misrepresentation, whether negligent or willful and whether
in the inducement or in the performance, made by Contractor to the City

(©) Contractor's material failure to perform any ofits obligations under this
Agreement including the following:

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w

Revised (030703)

Failure due to a reason or circumstances within Contractor’
reasonable control to perform the Services with sufficient
personnel and equipment or with sufficient material to ensure the
performance of the Services;

Failure to perform the Services in a manner reasonably satisfactory
1 the Executive Director or the Chief Procurement Officer or
inability to perform the Services satisfactorily as a result of
insolvency, filing for bankruptey or assignment forthe benefit of
creditors;

Failure to promptly re-perform within a reasonable time Services
‘that were rejected as erroneous or unsatisfactory,

Discontinuance ofthe Services for reasons within Contractor's
reasonable control; and

Failure to comply with any other material term of this Agreement,
including the provisions concerning insurance and
nondiscrimination,

Failure to complete Services assigned to Contractor within the time
limits specified in the applicable task order, unless the failure to
timely complete the Services is due to reasons outside Contractor's
reasonable control, and only if Contractor advised the Executive
Director in writing within 48 hours following the beginning of the
event claimed to excuse performance.

UNTITLED-032
(©) Any change in ownership or control of Contractor without the prior written
approval ofthe Chief Procurement Officer, which approval the Chief
Procurement Officer will not unreasonably withhold.

@ Contractor's default under any other agreement it may presently have or
‘may enter into with the City during the life of this Agreement. Contractor
acknowledges and agrees that in the event ofa default under this
‘Agreement the City may also declare a default under any such other
agreements.

(©) Failure to comply with Section 6.1 in the performance of the Agreement,

(9 Contractor's repeated or continued violations of City ordinances unrelated
to performance under the Agreement that in the opinion of the Chiet
Procurement Officer indicate willful or reckless disregard for City laws
and regulations

82 Remedies

‘The occurrence of any event of default permits the City, atthe City's sole option,
to declare Contractor in default, The Chief Procurement Officer may in his sole
discretion give Contractor an opportunity to cure the default within a certain
period of time, which period of time must not exceed 30 days, unless extended by
the Chief Procurement Officer. Whether to declare Contractor in default is within
the sole discretion ofthe Chief Procurement Officer and neither that decision nor
the factual basis for i is subject to review or challenge under the Disputes,
provision of this Agreement.

‘The Chief Procurement Officer will give Contractor written notice of the default,
either in the form of a cure notice ("Cure Notice”), of, if no opportunity to cure
willbe granted, a default notice ("Default Notice”). Ifthe Chief Procurement
Officer gives a Default Notice, he will also indicate any present intent he may
hhave to terminate this Agreement, and the decision to terminate (but not the
<ecision not to terminate) is final and effective upon giving the notice. The Chief
Procurement Officer may give a Default Notice if Contractor fails to effect a cure
within the cure period given in a Cure Notice. When a Default Notice with intent
to terminate is given as provided in this Section 8.2 and Article 10, Contractor
‘must discontinue any Services, unless otherwise directed in the notice, and deliver
all materials accumulated in the performance of this Agreement, whether
completed or in the process, to the City. After giving a Default Notice, the City
‘may invoke any or all of the following remedies, individually or collectively:

evised (030703) 2»

UNTITLED-033
(@) The right to take over and complete the Services, or any part of them, at
Contractor's expense and as agent for Contractor, either directly or
through others, and bill Contractor for the cost of the Services, and
Contractor must pay the difference between the total amount ofthis bill
and the amount the City would have paid Contractor under the terms and
conditions of this Agreement forthe Services that were assumed by the
City as agent for Contractor under this Section 8.2;

(©) The right to terminate this Agreement as to any or all ofthe Services yet to
bbe performed effective ata time specified by the City,

(©) The right of specific performance, an injunction or any other appropriate
‘equitable remedy;

(@) The right to money damages;

(©) The right to withhold all or any part of Contractor's compensation under
this Agreement;

(0) The right to deem Contractor non-responsible in future contracts to be
awarded by the City.

Ifthe Chief Procurement Officer considers it tobe inthe City's best interests, he
may elect not to declare default oro terminate this Agreement. The parties
acknowledge that this provision is solely forthe benefit ofthe City and that ifthe
City permits Contractor to continve to provide the Services despite one or more
vents of default, Contractor isin no way relieved of any ofits responsibilities,
‘duties or obligations under this Agreement, nor does the City waive or relinquish
any oft rights

“The remedies under the terms ofthis Agreement are not intended tobe exclusive
of any other remedies provided, but each and every such remedy is cumulative and
isin addition to anyother remedies, existing now or later, at law, in equity or by
statute. No delay or omission to exercise any right or power accruing upon ary
évent of default impairs any such right or power, nor iit a waive of ay event of
default noe acquiescence init, and every sch right and power may be exercised
fom ime to ime and a often as the City considers expedient

evived [0307031 30

UNTITLED-034
83

Early Termination

In addition to termination under Sections 8.1 and 8.2 of this Agreement, the City
may terminate this Agreement, or all or any portion ofthe Services to be
performed under it, at any time by a notice in writing from the City to Contractor.
The City will give notice to Contractor in accordance with the provisions of
Article 10. The effective date of termination will be the date the notice is received
‘by Contractor or the date stated in the notice, whichever is later. Ifthe City elects
to terminate this Agreement in full, all Services to be provided under it must cease
and all materials that may have been accumulated in performing this Agreement,
whether completed or in the process, must be delivered to the City effective 10
days after the date the notice is considered received as provided under Article 10
‘of this Agreement (if no date is given) or upon the effective date stated inthe
notice.

‘After the notice is received, Contractor must restct its activities, and those of its
Subcontractors, to winding down any reports, analyses, or other activities
previously begun. No casts incurred ater the effective date ofthe termination are
allowed. Payment for any Services actually and satisfactorily performed before
the effective date ofthe termination is onthe same bass as set forth in Article 4,
but ifany compensation is described or provided for onthe bass of a period
Tonger than 10 days, then the compensation must be prorated accordingly. No
amount of compensation, however, is permitted for anticipated profits on
inperformed Services, The City and Contractor must attempt 1 agree on the
amount of compensation to be paid to Contactr, but if not agreed on, the dispute
‘must be settled in accordance with Article Sof this Agreement. The payment so
‘made to Contractor isin full settlement fr all Services satisfactorily performed
under this Agreement.

Contractor must include in its contracts with Subcontractors an early termination
provision in form and substance equivalent to this early termination provision to
prevent claims against the City arising from termination of subcontracts after the
early termination, Contractor will not be entitled to make any early termination
claims against the City resulting from any Subcontractor’s claims against
Contractor or the City tothe extent inconsistent with this provision.

If the City’s election to terminate this Agreement for default under Sections 8.1
and 8.2 is determined in a court of competent jurisdiction to have been wrongful,
then in that case the termination is to be considered to be an early termination
under this Section 8.3

evized (0207031 31

UNTITLED-035,
ta re Aan acl nt Cine rite ra
84 Suspension

‘The City may at any time request that Contractor suspend its Services, or any part
cof them, by giving 15 day prior written notice to Contractor or upon informal
‘oral, or even no notice, in the event of emergency. A delay or lapse inthe City’s
assigning a task order (ifany) to Contractor does not constitute a suspension for
purposes of this Section 8.4. No costs incurred after the effective date of such
suspension are allowed. Contractor must promptly resume its performance ofthe
Services under the same terms and conditions as stated in this Agreement upon
written notice by the Chief Procurement Officer and such equitable extension of
time as may be mutually agreed upon by the Chief Procurement Officer and
Contractor when necessary for continuation or completion of Services. Any
‘ditional costs or expenses actually incurred by Contractor as a result of
recommencing the Services must be treated in accordance with the compensation
Provisions under Exhibit ofthis Agreement.

[No suspension ofthis Agreement is permitted in the aggregate to exceed a period
‘of 4S days within any one year ofthis Agreement. Ifthe total numberof days of
suspension exceeds 45 days, Contractor by written notice tothe City may treat the
‘suspension as an early termination ofthis Agreement under Section 8.3.

85 Right to Offset

(@) _Inconnection with performance under this Agreement

‘The City may offset any excess costs incurred:

(i) ifthe City terminates this Agreement for default or any other
reason resulting from Contractor's performance or non-
performance;

Gi) ifthe City exercises any ofits remedies under Section 8.2 ofthis
Agreement; or

if the City has any credits due or has made any overpayments under
this Agreement

‘The City may offset these excess costs by use of any payment due for
Services completed before the City terminated this Agreement or before
the City exercised any remedies. Ifthe amount offset is insufficient to

cover those excess costs, Contractor is lable for and must prompily remit
to the City the balance upon writen demand for it. This right to offset is

Revised (030703) 32

UNTITLED-036
()

©

evived (010703)

in addition to and not a limitation of any other remedies available tothe

City.

In connection with Section 2-92-380 of the Municipal Code of Chicago:

wi

In connection wit

In accordance with Section 2-92-380 of the Municipal Code of
(Chicago and in addition to any other rights and remedies (including
any of set-off) available to the City under this Agreement or
permitted at law or in equity, the City is entitled to set offa portion
of the price or compensation due under this Agreement in an
amount equal to the amount ofthe fines and penalties for each
outstanding parking violation complaint and/or the amount of any
debt owed by Contractor tothe City. For purposes of this Section
8.5 “outstanding parking violation complaint” means a parking.
ticket, notice of parking violation or parking violation complaint
‘on which no payment has been made or led in the
Circuit Court of Cook County within the time specified on the
‘complaint. "Debt" means a specified sum of money owed to the
City for which the period granted for payment has expired.

Notwithstanding the provisions of the above subsection, no such
<debt(s) or outstanding parking violation complaint(s) will be offset
from the price or compensation due under this Agreement if one or
‘more of the following conditions are met:

‘A. Contractor has entered into an agreement withthe
Department of Revenue, or other appropriate City
department, forthe payment of all outstanding parking
violation complaints and/or debts owed to the City and
Contractor isin compliance with the agreement; or

B. Contractor is contesting liability for or the amount ofthe
debt ina pending administrative or judicial proceeding; or

C. Contractor has filed a petition in bankruptcy and the debts
‘owed the City are dischargeable in bankruptcy.

any liquidated or unliquidated claims against

Contractor:

‘Without breaching this Agreement, the City may set off a portion of the
price or compensation due under this Agreement in an amount equal tothe

33

UNTITLED-037
amount of any liquidated or unliquidated claims thatthe City has against
‘Contractor unrelated to this Agreement. When the City’s claims against
Contractor are finally adjudicated in a court of competent jurisdiction or
otherwise resolved, the City will reimburse Contractor to the extent of the
amount the City has offset against this Agreement inconsistently with such
determination or resolution.

ARTICLE 9. GENERAL CONDITIONS

9.1 Entire Agreement

0)

©

Revised (010709)

General

‘This Agreement, and the exhibits, which are attached to it and
incorporated init, constitute the entire agreement between the parties and
‘no other terms, conditions, warranties, inducements, considerations,
‘promises or interpretations are implied or impressed upon this Agreement
that are not expressly addressed in this Agreement,

‘No Collateral Agreements

(Contractor acknowledges that, except only for those representations,
statements or promises expressly contained in this Agreement and any
‘exhibits attached to it and incorporated by reference in i, no

representation, statement or promise, oral or in writing, of any kind
whatsoever, by the City its officals, agents or employees, has induced
Contractor to enter into this Agreement or has been relied upon by
Contractor, including any with reference to: (i) the meaning, correctness,
suitability or completeness of any provisions or requirements of this
‘Agreement; i) the nature of the Services tobe performed; (i) the nature,
‘quantity, quality or volume of any materials, equipment, labor and other
facilities needed forthe performance of this Agreement; (iv) the general
conditions which may in any way affect this Agreement or its
performance; (¥) the compensation provisions of this Agreement; or (vi)
any other matters, whether similar to or different from those referred to in
) through (vi) immediately above, affecting or having any connection

‘with this Agreement, its negotiation, any discussions of its performance or
those employed or connected or concerned with it

34

UNTITLED-038
92

93

94

(©) No Omissions

Contractor acknowledges that Contractor was given ample opportunity and
time and was requested by the City to review thoroughly all documents
forming this Agreement before signing this Agreement in order that it
‘might request inclusion in this Agreement of any statement, representation,
promise or provision tha it desired or on that it wished to place reliance,
‘Contractor did so review those documents, and either every such
statement, representation, promise or provision has been included in this,
Agreement or els, if omitted, Contractor relinquishes the benefit of any
‘such omitted statement, representation, promise or provision and is willing
to perform this Agreement in its entirety without claiming reliance on it or
‘making any other claim on account ofits omission.

Counterparts
‘This Agreement is comprised of several identical counterparts, each to be fully
signed by the parties and each to be considered an original having identical legal
effect,

Amendments

Except as provided in Section 3.3 of this Agreement, no changes, amendments,
‘modifications or discharge of this Agreement, or any part of it are valid unless in
‘writing and signed by the authorized agent of Contractor and by the Mayor,
‘Comptrotter, and Chief Procurement Officer of the City or their respective
successors and assigns. The City incurs no liability for Additional Services
‘without a written amendment to this Agreement under this Section 9.3.

‘Whenever in this Agreement Contractor is required to obtain prior written
approval, the effect of any approval that may be granted pursuant to Contractors
request is prospective only from the later of the date approval was requested or the
date on which the action for which the approval was sought is to begin. In no
‘event is approval permitted to apply retroactively to a date before the approval
‘was requested.

Governing Law and Jurisdiction

‘This Agreement is governed as to performance and interpretation in accordance
with the laws of the State of Minos.

Revised (030703) 35

UNTITLED-039
9s

96

97

Contractor irevocably submit itself to the orginal jurisdiction of those courts
located within the County of Cook, tate of Minos, with regard to any
controversy arising out of, relating to, or in any way conceming the execution or
performance ofthis Agreement. Service of process on Contractor may be made,
At the option of the City, either by repistered or certified mail addressed tothe
applicable office as provided for inthis Agreement, by registered or certified mail
addressed tothe office actually maintained by Contractor, or by personal delivery
‘on any officer, director, or managing or general agent of Contractor. Ifany action
is brought by Contractor against the City concerning this Agreement, the action
‘must be brought only in those courts located within the County of Cook, State of
Minos.

Severability

‘any provision of this Agreement is held or deemed to be or is in fact invalid,
illegal, inoperative or unenforceable as applied in any particular case in any
jurisdiction or in all cases because it conflicts with any other provision or
provisions of this Agreement or of any constitution, statute, ordinance, rule of law
‘ot public policy, or for any other reason, those circumstances do not have the
effect of rendering the provision in question invalid, ilegal, inoperative or
‘unenforceable in any other case or circumstances, or of rendering any other
provision or provisions in this Agreement invalid, illegal, inoperative or
‘unenforceable to any extent whatsoever. ‘The invalidity, illegality, inoperativeness
‘or unenforceability of any one or more phrases, sentences, clauses or sections in
this Agreement does not affect the remaining portions ofthis Agreement or any
part of it.

Assigns

All of the terms and conditions of this Agreement are binding upon and inure to
the benefit ofthe parties and their respective legal representatives, successors and
assigns,

Cooperation

Contractor must at all times cooperate fully withthe City and actin the City's best
interests. Ifthis Agreement is terminated for any reason, or if tis to expire on its
‘own terms, Contractor must make every effort to assure an orderly transition to
another provider ofthe Services, ifany, orderly demobilization of its own
‘operations in connection with the Services, uninterrupted provision of Services
<during any transition period and must otherwise comply with the reasonable

Revised (030703) 36

UNTITLED-040
98

99

‘requests and requirements of the Department in connection with the termination
‘or expiration.

Waiver

‘Nothing inthis Agreement authorizes the waiver ofa requirement or condition
contrary to law or ordinance or that would result in or promote the violation of
any federal, state or local law of ordinance.

‘Whenever under this Agreement the City by a proper authority waives
Contractor's performance in any respect or waives a requirement or condition to
either the City’s or Contractor's performance, the waiver so granted, whether
‘express or implied, only applies to the particular instance and is not a waiver
forever or for subsequent instances ofthe performance, requirement or condition.
‘No such waiver is a modification of this Agreement regardless of the number of
times the City may have waived the performance, requirement or condition. Such
waivers must be provided to Contractor in writing.

Independent Contractor

This Agreement is not intended to and will nt constitute, creat, give rise to, or
otherwise recognize a joint venture, parmerhip, corporation or other formal
business association or organization of any kind between Contractor and the Ci
The rights and the obligations ofthe parties are only those expresly st forth in
this Agreement. Contractor must perform under this Agreement as an
independent contractor and not asa representative, employee, agent or partner of
the City

‘This Agreement is between the City and an independent contractor and, if
Contractor is an individual, nothing provided for under this Agreement constitutes
‘or implies an employer-employce relationship such that:

(@) TheCity will not be liable under or by reason ofthis Agreement for the
‘payment of any compensation award or damages in connection with
‘Contractor performing the Services required under this Agreement.

(©) Contractor is not entitled to membership in the City of Chicago Pension
Fund, Group Medical Insurance Program, Group Dental Program, Group
Vision Care, Group Life Insurance Program, Deferred Income Program,
vacation, sick leave, extended sick leave, or any other benefits ordinarily
provided to individuals employed and paid through the regular payrolls of
the City of Chicago.

evized (0307031 7

UNTITLED-041
(©) The City of Chicago is not required to deduct or withhold any taxes, FICA
‘or other deductions from any compensation provided to Contractor.

ARTICLE 10. NOTICES

Notices provided for in this Agreement, unless expressly provided for otherwise inthis
‘Agreement, must be given in writing and may be delivered personally or by placing in the United
‘States mai, is class and certified, retum receipt requested, with postage prepaid and addressed
asfollows:

Ito the City: City of Chicago Department of Construction and Permits
Room __ City Hall
121 North LaSalle Street
Chicago, Mlinois 60602
Aitention: Executive Director

and

Department of Procurement Services
Room 403, City Hall

121 North LaSalle Street

Chicago, Ilinois 60602

Altention: Chief Procurement Officer

With Copies to: Department of Law
Room 600, City Hall
121 North LaSalle Street
Chicago, Iiinois 60602
Attention: Corporation Counsel

Ifto Contractor: To the address set forth in the preamble of this Agreement
(Changes in these addresses must be in writing and delivered in accordance with the provisions of
this Article 10. Notices delivered by mail are considered received three days after mailing in

accordance with this Article 10. Notices delivered personally are considered effective upon
receipt. Refusal to accept delivery has the same effect a receipt.

nevied (0207031 38

UNTITLED-042
td Eri mt a ot oa rn
ARTICLE 11. AUTHORITY

Execution ofthis Agreement by Contractor is authorized by a resolution of ts Board of
Directors, if corporation, or similar governing document, and the signature(s) of each person
signing on behalf of Contractor have been made with complete and fall authority to commit
Contractor to all terms and conditions of this Agreement, including each and every
representation, certification and warranty contained in i including the representations,
certifications and warranties collectively incorporated by reference in it

ARTICLE 12. SPECIAL CONDITIONS REGARDING MBE/WBE COMMITMENT

Inthe performance of this Agreement, including the procurement and lease of materials or
equipment, Contractor must abide by the minority and women's busines enterprise commitment
requirements of the Municipal Code of Chicago, ch. 2-92, Sections 2-92-420 er seg. (1990),
except tothe extent waived by the Chief Procurement Officer and the Special Conditions
Regarding MBW/WBE Commitment st forth inthis Article 12. Contractor's completed
Schedules C-1 and D-1 in Exhibit 3, evidencing its compliance with this requirement, area pat
ofthis Agreement upon acceptance by the Chief Procurement Officer. Contractor must wilize
minority and women's business enterprises atthe greater ofthe amounts listed in those Schedules
C1 and D-1 orth percentages listed in them as applied to all payments received from the City.

evised (0307031 9

UNTITLED-043,
Signature Page
‘SIGNED at Chicago, Ilinois:
CITY OF CHICAGO
By:
Mayor
‘Comptroller

Chief Procurement OMficer

State of _T1Linois

‘County of Cook _

‘This instrument was acknowledged before me on3/11/0date) by yarn shah

(oamels of person/s) a8 President (type of authority, eg officer, trustee,
ete) of shah Engineering, Inc, (name of party on behalf of whom instrument was
executed)

Me Git OFFI
fon ICIAL
anata ot etary PS | Ta sia

evined (0207031

UNTITLED-044
St oe pd ns mp Bi en,

EXHIBIT 1

Scope of Services

Reviaed (0207001

UNTITLED-045,
Professional Municipal Code Review Services:
Medium to Large/Complex Projects City-Wide

SCOPE OF SERVICES

‘The City of Chicago (“City”), Department of Construction and Permits (“DCAP"), is
‘outsourcing municipal code compliance review and related services (“Reviews”) for
‘various medium to large/complex public and/or private projects (“Projects”) located
‘throughout the City, Contractor must perform the Reviews in accordance with DCAP
standards and the Municipal Code of the City of Chicago (“Code”) and within the time
frame as approved by the Executive Director of DCAP.

‘The City requires the issuance of permits for construction to ensure that specific
‘minimum standards, as specified in the Code are met in constructing altering or repairing,
‘buildings. These standards are based on well-established health safety and
‘environmental considerations intended to protect the integrity ofthe buildings and the
‘welfare of the public.

‘The City is establishing a Web-based project management system to:

Provide fo electonic plan submissions, Reviews and corrections;
Provide for document management and contol,

‘Compress Review and corection document transmittal time;

Provide collaboration and meeting space for Project participants;

Provide an electronic library fora variety of Project documents;

Provide a means for on-going Customer outreach and community awareness;
Facilitate the dissemination of the Project status and other critical report.

‘The City requires permits for, among other things, the following: new construction, major
repairs, renovations and demolition, including the installation of utilities, foundations,
foundation retention systems, boilers, fumaces, plumbing fixtures, garages, additions,
porches and decks. The City performs Code reviews and permit issuance for everything,
from single-family residents to large/complex high-rises, institutions, assemblies and
industrial-use projects. These Code reviews include, but are not limited to, the following,
disciplines: architectural, plumbing, electrical, ventilation, refigeration, fire prevention,
accessibility, environmental, sewer, water, structural and civil, .e., foundations and
foundation retention systems.

‘The Services contemplated under the Reviews are professional in nature, Contractors
acting as an individual, partnership, corporation or other legal entity and the Contractors’
Key Personnel must be of professional status, licensed to perform in the State of Iinois
nd licensed forall applicable professional disciplines requiring licensing and will be
‘governed by the professional ethics in ther relationship to the City. All reports,

UNTITLED-046
information or data prepared or assembled by Contractor are confidential in nature and
‘must not be made available to any individual or organization, except the City, without
prior written approval ofthe City. Contractor must execute a Statement of
Confidentiality (attached as Exhibit 4).

In an effort to streamline the City’s permit process and provide a Project owner and/or
higher design professional (“Customer”) with a predictable, consistent and timely permit
process, the City is outsourcing the Code review of medium to large/complex public
and/or private projects to. Contractors.

‘The objectives for outsourcing these Code Reviews are as follows:

‘+ Greatly reduce the amount of time and resources it takes the City to perform Code
Reviews and to issue permits.

+ Provide Customers with a permit process in which they can specify the date they
would like to receive their permit(s) and a process which will provide various means
to achieve their targeted permit date

+ Provide Customers with the ability to submit their permit application(s) and/or plans
‘on-line with the additional ability to review and/or make corrections to ther plans on-
line,

+ Provide Customers with instant access to their permit information/status, i, provide
‘Project status information available on-line during the entire permit process,

‘+ Provide additional Review capacity to offset the City’s in-house staff workload on an
as-needed basis

‘+ Improve Customer service by providing Customers with a permit process that is
consistent, timely, accurate and allows Customers easy access to all their permit
information.

‘The City estimates the outsourced workload to be approximately 3000 medium to
large/complex public and/or private projects per year. The City anticipates thatthe
‘workload will be spit among Contractors based on each firm’s ability to meet the time
frame and Review cost budget specified by the Customer and mutually agreed upon by
the Contractor.

Exhibit," Medium and Large/Complex Project Data” has been supplied for
information purposes only. This information represents 12 months of data that would
‘comprise the medium to large/eomplex public and/or private projects

UNTITLED-047
‘The DCAP defines medium to large/complex public and/or private projects as follows:

New Construction

b.

High-Rises - over 80° high

Residential - more than 12 units

+ May be under any type bate, apartments, condos ster, townhouses,
or part of mixed use

Large assembly

Institutional

Schools

Open Air Assembly

Technology Centers

Mercantile - over 100,000 Sq. Ft

Industrial Units - any

‘Aigport Work

Public Building Commission Projects

Renovation/additions/change of use

b.

Change of occupancy projects with a Hazard Index Number of 2 or more
Additions to above new construction project that are more than 25% of the
original area

Aiport Work - any scale

Optional - various projects that would typically be reviewed under the normal City
process but, due tothe project's schedule andor other circumstances, the Customer
and/or City decided to use the Municipal Code Compliance Review Services option.

‘New Construction

‘Storage Units - including stand-alone garages
Residential construction between 6 and 12 units

‘Strip mall construction between 50,000 and 100,000 Sq. Ft
‘Small Assembly

Renovations/additions/change of use

‘Tenant/condo renovations larger than self-certification timits
Daycare centers - within existing space

Hialfeway houses

Shelters - not for profit and will have low budgets

Change of occupancy projects with a Hazard Index Number of 1 or less

UNTITLED-048
+ Mixed-use occupancies with more than 6 residential units
+ Residential construction between 6 and 12 units - Including conversions
from other occupancies and/or renovations/repairs

4, Repairs
+ Only on pre-approval

The medium to large/complex public andlor private type of projects require a greater
amount of Code review time due to their scale, scope and compleity. The City will
require owners ofthese medium to large/complex projects to pay for ll the time
associated with the Review oftheir Projects. The Review costs will consist of, but are
not limited to, Project introduction tim, preliminary Review time, Code Review time
(for I" Review, 2" Review, et.), clarification meeting(s) time and final Review time.

Contractors are responsible for Code Reviews, corrections, management, performance
and schedule of the entire Review and permit approval process forall medium to
large/complex projects assigned to them. The Contractors are required to perform the
‘services for each Task Order within the time frame specified by the Customer and agreed
"upon by the Contractor.

Contractor and its Subcontractors must perform a conflict of interest review of each
Project assigned to Contractor and must disclose tothe City any past or current business
relationships with any individual or entity having an interest inthe Project that is the
subject of a Task Order. Contractor and/or its Subcontractors are not permitted to
perform any services forthe City on applications or other documents submitted tothe
City by any of Contractor's or Subcontractor’: (i) past clients, if the services relate to a
Project which Contractor and/or its Subcontractor developed, caused to be developed or
for which it began to develop designs, plas, documents, cost proposals or other work on
behalf of a past client; or (i) present clients. If Contractor and/or Subcontractor becomes
aware ofa conflict, it must immediately stop work on the Task Order causing the conflict
and notify the City.

Contractors ar responsible forthe preparation and submission of al Project Task Orders
and schedules. Each Project must havea separate Task Order and schedule that has been
reviewed and approved by the Customer and Cty tobe valid. A Task Onder must be
prepared by Contractor and submitted first to the Customer for approval and then to the
City within 2 business days of the Project being assigned to Contractor. The specific time
limits for performance of services must be aot forth in each Task Order

Contractor will be required to conduct meetings with the Customer for the purpose of
Projet introduction and preliminary Review prior to the submittal of the
plans/documents tothe City for complete Code Review.

UNTITLED-049
City approves Task Order and issues letter and notice to proceed.

Contractor will further conduct the complete Code Review and approval process upon
‘submission ofthe Project to the City. The actual Reviews are to be performed off site by
Contractor, and it wll be the responsibility of Contractor to arrange for pickup and return
ofall documents/plans from and to the City. Contractor will be responsible for the
issuance of all wrtten plan corrections identifying which items do not comply withthe
‘Code, noting corresponding Code sections; conducting face-to-face and/or on-line
clarification meetings with the Customer, verifying all Project calculations; conducting
correction resubmittal Reviews; performing final Review and certification approving all
Aesign/construction documents, plans/drawings and recommending thatthe City issue a
permit.

Contractor must document each phase of the entire Review process up to and including
final approval in both a hard copy and electronic file copy. Contractor must use a Web-
based project management system that the City is inthe process of establishing. Once this,
system is established by the City, all written communications between the City and the
‘Contractor, including all intermediate and final document transmittal, will be made via
the City Project Website.

Contractors are required to establish Internet connectivity to access the City Project,
Website

Exhibit 6, “Developer Services Overall Workflow Chart,” has been supplied for
information purposes only. This information is intended to provide Contractors with the
overall workflow of the out-sourced process. This workflow is subject to change, if
nevessary, asthe phases of the Review process are implemented. In addition tothe tasks
‘mentioned above, Contractors must provide the following services on an as-needed basis:

1. Provide to the City in the form entitled “Plan Compliance with Municipal Code,”
attached as Exhibit 7, that all Project plans/documents are in compliance with the
‘Code and recommend the issuance of a permit forthe Project.

2. Maintain Project Review information/status for Customers and/or City on City Project
Website and/or other method as approved by DCAP.

3. Implement quality assurance and quality control plan.
4. Draft correspondence for City’s review and transmittal

5. dent

and notify DCAP of proposed modifications and/or problems in the services.

UNTITLED-050
(6. Prepare actual monthly costs for Reviews performed and percentage of the services
completed including, but not limited to, the following:

'&. _Cettification by Contractor thatthe services have been done by the Contractor
and/or Subcontractor.

b. Spreadsheets showing percentage complete and dollar value for each Task
‘Order for the period and for cumulative to date, including itemized
‘modifications, ifany, and total Task Order amount.

¢._ MBE/WBE participation and utilization information.
4. Maintenance ofall supporting records required for Subcontractor invoices.
&. Provide recommendations regarding modifications.

7. Prepare modifications to the Task Orders with the required supporting documentation.

4. Establish scope of services forall modifications and perform an independent
estimate ofthe cost ofthe modifications and the impact on schedules.

b. Make appropriate recommendations to DCAP as to the value ofall
‘modifications, additive or deductive, and any impact on the schedule.

© Negotiate all Task Order modifications with Customer for DCAP approval
4. Process modifications for approval in accordance with established procedures.

Maintain a modification notice log for each Task Order that tracks the status
of all known or anticipated Task Order modification documentation.

8, Progress Reports, Deliverables, Meetings and Conferences,

Provide monthly progress reports by Task Order on activities completed,
‘work-in-progress and plans for suoceeding month for each Task Order.
Include cost data, schedule status and other pertinent information. Also,
include Contractor's services, MBE/WBE compliance.

', Progress Reports must include status ofthe Review schedules andthe effect
‘on the Project schedule with curent progress of activities and forecasted
‘completion of the activities. Deviations from the approved Task Order
(including those that may result in impacting the Customer's eritical path and
Aelaying the Project) and problems and/or potential problem areas must be

UNTITLED-051
identified, and remediation or mitigation measures must be recommended.

& The Contractor must attend, chair or participate in any and all conferences,
‘meetings or other discussions with Customer in connection with the services
or incidental to the performance of the services, as required or directed by the
Executive Director of DCAP. The Contractor must prepare minutes of
‘meetings and distribute them. Such meetings must include but not be limited
to the following:

(1) Meet with appropriate DCAP staff and/or Customer to Review Code
correct ‘Task Order statu, validate cost, schedule and/or other

required action.

2) Attend and/or conduct introduction, preliminary and/or Review meetings
fon and/or offsite with the Customer or other interested government
agencies asmaybe required in connection with these services.

9. Contractor's Furnishing of Equipment
(0) Web-based Communications

All written communications between the City and Contractors, including
all intermediate and final document transmittal, must be made via the
City Project Website, once set up.

‘Contractor is required to establish Internet connectivity to access the
City Project Website. Contractor will be solely responsible for
furnishing the hardware and software required to establish and maintain
‘access tothe Project Website. Contractor also will be solely responsible
for coordination between the City Project Website and the Contractor's
Subcontractors.

(2) Contractor is solely responsible at its own cost for providing all
furniture, computer hardware and/or software, office space, conference
space, telecommunications equipment, office equipment, tools, training,
and transportation for staff and/or plans and all materials as required to
perform the services under any term agreement resulting from this RFQ.
document.

10. Record Keeping

| Maintain Task Order records. This includes, but is not limited to,
preparation and transmission of meeting agendas, meeting minutes

UNTITLED-052
(GotemaVexteral and maintaining and updating DCAP management
reports and the preparation of monthly/quarterly executive summaries.

b. Develop and maintain Project costs and schedule control system for each
‘Task Order.

‘c. Document each phase ofthe entire Review process up to and including
final approval in both hard copy and electronic file copy.

1. Miscellaneous
‘Any other Review and/or related services as directed by the Executive
Director of DCAP.

[End of Scope of Services}

UNTITLED-053,
PROFESSIONAL SERVICES INSURANCE REQUIREMENTS
Request for Qualifications for
“Municipal Code Compliance Review Services for
“Medium to Large/Complex Project Citywide

‘Consultant must provide and maintain at Consultant's own expense, during the termof the Agreement and
time period following expiration if Consultant is requied to return and perform any of the Services ot
‘Additional Services under this Agreement, the insurance coverage and requirements specified below,
‘insuring all operations related to the Agreement.

»

»

INSURANCE TO BE PROVIDED
‘Workers Compensation and Emplavers Liability

‘Workers Compensation Insurance, a presrited by applicable law, covering all employees who
are to provide a sevice under this Agreemeat and Employers Liability coverage with limits of
‘ot less than $ $00,000 each accident or ines.

‘Commersial General Lihility (Primary and Umbrella)

‘Commercial General Liability Insurance or equivalent with limits of not less than $2,000,000
per occurrence for bodily injury, personal injury and property damage ibility. Coverages must
‘nclude the following: All premises and operations, products/completed operations, separation
of insureds, defense and contractual lability (with no limitation endorsement). The City of
‘Chicago is to be named as an additional insured on a primary, non-contributory basis for any
liability arising direct or indirectly from the Services.

Subcontractors performing Services for Consultant mast maintain limits of not less thin
$1,000,000 with the same terms in this subsection

‘Automobile Liability (Primary and Umbrella)

When any motor vehicles (owned, non-owned and hired) are used in connection with Services
tobeperformed, Consultantmust provide Automobile Liability Insurance with imats ofsot less
than $2,000,000 per occurrence for bodily injury and property damage. The City of Chicago
isto benamed as an additional inured ona primary, non-contributory basis.

Subcontractors performing Services for Consultant must maintain limits of not less than
$1,000,000 with the same terms inthis subsection.

Professional Liability

When any professional consultants perform Services in connection with this Agreement,
Professional Liability Insurance covering cts, erors or omissions must be maintained with
limits of mot ess than $2,000,000. Coverage must include contractual lability. When policies
are renewed of replaced, the policy retroactive date must coineide with, or precede, start of
Services on the Agreement. A claims-made policy which snot renewed or replaced must have
‘an extended reporting period of 2 years

UNTITLED-054
Subcontractors performing Services for Consultant must maintain limits of not less than
‘1,000,000 with the same terms in this subsection.

5) Valuable Papers
‘When any plans, design, drawings, media, data records and other documents are produced or
used under this Agreement, Valuable Papers Insurance must be maintained in an amount to
‘ngure against any loss whatsoever, nd must have limits sufficient to pay forthe re-creation and
reconstruction of such records

©) Proverty

‘Consultant is responsible forall oss or damage to City property at fl replacement cost

‘Consultant is responsible forall loss or damage to personal property including materials,
‘equipment, tools and supplies) owned, rented or used by Consultant.

b. ADDITIONAL REQUIREMENTS

‘Consultant must furnish the City of Chicago, Department of Procurement Services, City Hall, Room 403,
121 North LaSalle Strect 60602, original Certificates of surance, or such similar evidence, tobe in force
on the date of this Agreement, and Renewal Certificates of Insurance, or such similar evidene, ifthe
coverages have an expiration or renewal date occurring during the tem of this Agreement. Consultant
‘must submit evidence of insurance onthe City of Chicago Insurance Certificate Form (copy attached as.
Exhibit) or equivalent prior to Agreement award. The receipt of any certificate does not constitute
agreement by the City that the insurance requirements in the Agreement have been fully met or that the
{insurance policies indicated on the certificate are in compliance with all Agreement requirements. The
failure of the City to obtain certificates or other insurance evidence ftom Consultant isnot a waiver by
‘the City ofany requirements for the Consultant to obtain and maintain the specified coverages. Consultant
‘must advise all insurers ofthe Agreement provisions regarding insurance. Non-conforming insurance
oes not relieve Consultant of the obligation to provide insurance as specified in this Agreement.
Nonfulfilment of the insurance conditions may constitute a violation of the Agreement, and the City
retains the right to suspend this Agreement until proper evidence of insurance is provided, or the
‘Agreement may be terminated.

‘The insurance must provide for 60 days prior written notice tobe given tothe City in the event coverage
is substantially changed, canceled or non-renewed

Any deductibles or self
Consultant.

sured retentions on referenced insurance coverages must be borne by
CConsutant agrees that insurers waive ther rights of subrogation against the City of Chicago, is
‘employees, elected officials, agents or representatives.

‘The coverages and limits furnished by Consultant in no way limit the Consultant’ liabilities and
responsibilities specified within the Agreement or by law.

‘Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with
insurance provided by Consultant under this Agreement.

UNTITLED-055,
‘The required insurance to be carried isnot limited by any limitations expressed inthe indemnification
Tangage inthis Agreement or any limitation placed on the indemnity inthis Agreement given asa mater
of law.

‘Consultant must require all Subcontractors to provide the insurance required in this Agreement, or
‘Consultant may provide the coverages for Subcontractors. All Subcontractors are subject tothe same
‘surance requirements of Consultant unless otherwise specified in this Agreement.

If Consultant or Subcontractor deste additional coverages, the party desiring the additonal coverages
is responsible forthe acquisition and cost.

‘The Cty of Chicago Risk Management Department maintains the right to modify, delete, alter or change
these requirements,

steep Cate Compnee

UNTITLED-056
ilont: 15474 SHAMENGL

ACORD. CERTIFICATE OF LIABILITY INSURANCE eunims
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mace occ numa ETSRETEY [RRL OT ce 7
[apremc nau SSBAPLSAI2 ovaries [evarne [oonccamsce [9,900,000
X_ | comune commas saouiry [BEETLES | 900,000
“Vetna woe [x] sco sco be veya nm—[s0,000,
alunite Papers sao cn 000 000
|) $150.00 Lime [ene scone [32,000,000
onsen ne ors onus cower 08 [3000.00
[Joey X18 [lee
5) auECReTaTS ovaries [ovares | ace arim s.990a00
sree SAE
jsssBAPLsere oraTies [orang | eonccaneccs [9,000 500_——
ares 3,000,000
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sess rucr ss |f,00,000
‘aLoosreTo0 ‘osaoioa~Jasva0a —|'s2000,000 each cil
‘annual aggregate
Professional ably Is writen ona claime made’ policy form.
Project Name: Professional Municipal Code Review Services“ Medium to
large/Gomplex Project Cty Wide
Specifieton No 358
(See Attached Beseriptions)
| SERTICATE HOLDER ancATON
ity of Cricaoo Jove raracr,rebona nese cevoR TOMA BO Dr TON
Dept. of Procurement Services loner cmmesrrxsemianeh rr water TOeorO sms
‘At: David Malone font nc oucaroon moor men an
SZIN LaSalle teat mas
City Hal, Room 403 esperar
ricago. i e0802
CORO ROH) of 3 SSTATIOMTADRE BaP © ACORD CORPORATION 88

UNTITLED-057
IMPORTANT

It the certiicate older is an ADDITIONAL INSURED, the poloyes) must bo endorsed. A stalemont
fn his cortieato does fot confor nights othe coricate holder in eu of such endorsements).

WW SUBROGATION IS WAIVED, subject to the erms and condtions ofthe policy, certain pokes may
quire an endorsement. A staoment on this certificate does not confer rights to the corfcate
holgr in tou of such endorsements).

DISCLAIMER

The Conticate of Insurance on the reverse sige of ths frm doesnot constute a contract between
the lesung maurer(s), auhorzed reproseriaive of producer, and the corcate holder, not does i
affirmatively or negatively amend, extend or ater the coverage afforded by the poles Isted thereon.

‘ACORD IS GWT 2 of waTATIOMTINNT

UNTITLED-058
DESCRIPTIONS (Continued from Page 1)

SEI Project No: 2711
im’ ant: Please note that specific project descriptions ar provided as.
a reference ony. Most limits of ably ae subjoct to agoregate
amounts and are not dedicated to specific project.

The city of Chicago is added as Adltional Insured on a primary
non-contributory basis with respects Yo General ana Auto Llabilty only

Waiver of Subrogation in favor ofthe City of Chicago ts employees,
elected officials or representatives applies to General Liability and
Workers Compensation only.

‘AS TETaOOTRR 3 ofS ___waTATTOIMTASEZ

UNTITLED-059
EXHIBIT?

‘Compensation and Method of Payment

evssed (0107031

UNTITLED-060
‘tind St ome Hn oi ei,

(COMPENSATION AND METHOD OF PAYMENT
(COSTS PLUS FIXED FEE
‘A. Compensation Component

Contractor willbe compensated fr its Services based on actual costs plus a fixed fe. Allowability
and allocabilty of costs will be determined in accordance with the terms and conditions of this
‘Agreement. Compensation will consist of: 1] the cost of labor; 2] the overhead and burden,
‘including bt not limited to payroll related taxes, insurance and fringe benefits; 3] cerain direct costs;
4] Subcontractors; and 5a fixed fe, as described below:

1, Labor Costs: Labor costs will consis of the actual costs of all allowable and allocable salaries
and wages (exclusive of overtime premiums and payroll related taxes, insurance and fringe
‘benefits paid toContractor'sand Subcontractors’ employees forthe time spentin the performance
of Services under this Agreement (collectively, "Labor Costs"). Labor Costs for Contractor and
Subcontractors by postion classification are set forth in Attachment A to this Exhibit. Labor
Costs associated with Contractor and Subcontractor principals for administrative tasks are not
reimbursable. Principals may bill for Labor Costs fr non-administrative tasks diectl applicable
to the Services only by request and prot approval ofthe City.

2. Overhead and Burden: Overhead and burden will consist of actual indirect costs of the home
and branch offices of Contractor and Subcontractors which are allowable and allocable to the
Services (collectively, "Overhead”). The Overhead rates set forth in subsection (6) below willbe
applied to Labor Costs for purposes of mvoicing.

Audits

‘The City reserves the right to audit Contractor's and/or Subcontractors’ Overhead rate(s)
andlor any of the components ofthe compensation.

D. Overhead rates

‘Subject othe limitation set forth in 2(c) below, the Overhead rate applicable to Contractor
‘employees who perform Services i relation o this Agreement is: 1.569 %

‘Overhead rates applicable to Subcontractors’ employees ae listed in Attachment B and are
not permitted to exceed the Contractor's. Contractor must grant the City Overhead rates
generally offered to Contractor's prefered cients subject to imitations described here.

Revised [030703)

UNTITLED-061
3.

& Limitation on Overhead

‘The compensation due to Contractor and Subcontractors willnot exceed 150% of Labor Costs.
If1DOT has determined a currentrate or an audit acceptable bythe City has been determined,
the Contractor's and Subcontractors’ overhead rate will not exceed the lessor of the rates
specified,

‘Contractor's and Subcontractors” Overhead rate may not exceed the lowest of (a) the rate
‘specified above; (6) the rate determined at ater date by IDOT; or (c the rate determined at
4 later date by an audit acceptable to the City. The City has the right to recapture the
<ifference between the amount thas actually paid to Contractor and the amount it should have
‘paid under the preceding sentence.

Direct Costs: Direct costs will consist of thse costs described below which:

5] ae incurred in the performance of Services under this Agreement,

{i]_are allowable and allocable to the Project;

fil) are not included in Overhead; and

{iv} areroutinely and uniformly charged to specific Projects under Contractors accounting system
(collectively, "Direct Cost").

Any expenditure in excess of $5,000 which qualifies asa Direct Cost will require prior approval
of the Executive Director. Contractor may nt break down an expenditure which would otherwise
bbe greater than $5,000 in order to avoid this approval requirement. Direct Cost wil include the
following:

‘2 Drawings, Printing and Reproduction Costs. The costs of all printing, binding and
reproduction related only to the production of the milestone subeatals to the City

1. Long Distance Telephone/Telegraph and Shipping Costs. Long distance telephone calls,
postage, messenger and overnight delivery costs.

¢ Travel and Related Expenses. Out of town travel isnot anticipated under this Agreement.
However, should out of town travel become necessary in the performance of the Services,
‘Contractor must obtain prior written approval from the City fr expenses related to travel into
‘or out of the City. All such expenses must conform with the City’s travel reimbursement
‘uidelines, a copy of which is attached here as Attachment C. Expenses incurred for travel
in Chicago wil be subject to Group I Limitations as set forth in the City’s guidelines.

Inaccordance with Attachment C the City will pay 31.5 cents per mile to Contractor and/or
Subcontractors for travel associated with Project site visits as required by the Executive
Director.

4 Equipment, Tools and Vehicles. Cost of any equipment, tools, furniture, computer
‘equppment,or vehicles hired/leased or purchased for Contractor's performance ofthe Services,
‘provided that any sueh item purchased will become the property of the City and forther

evised (020703)

UNTITLED-062
‘provided that Contractor mus obtain prior writen approval ofthe City forthe purchase, hire
‘orlease of such equipment, tools, funiture, computer equipment or vehicles to the extent any
‘one such item will cost in excess of $500.

‘€ Premium on overtime. To the extent that Contractor pays its employeesa premium in excess
‘ofits hourly rates for overtime spent on the Project, the cost of the premium will be treated
sa Direct Cost which will nt be included in Labor Cost and which will not be subject to
application of any Overheadate. Any such overtime must be in accordance with Contractor's
policies which are subject to prior approval by the City

Miscellaneous. Any other costs or expenses incurred by Contractor as reasonable and
necessary forthe proper performance ofthe Services and allowable and directly allocable to
the Project. Any expenditure in excess of $1,000 will require prior approval ofthe Executive
Director.

4. Subcontractors. The City will reimburse Contractor forthe costs of Subcontractors as those
«costs are incurred under or in connection with Subcontracts awarded by Contractor in xccordance
‘withthe terms and conditions of this Agreement, subject tothe City's prior written approval.

‘The costs of Subcontractors which ae reimbursable to Contractor will include the Subcontractors’
Labor Costs, Overhead, fixed fee and Direct Costs and, except as otherwise provided in
‘Attachment B to this Exhibit, are subject to those terms and limitations established for Labor
Costs, Overhead and Direct Costs inthis Exhibit 2A. In no event is Contractor entitled to any
mark-up of Subcontractor costs,

‘5. Fixed Fee. The City will pay Contractor a fixed fee ("Fixed Fee") amount as an allowance for

rofittobe earned inthe performance of Services under this Agreement by Contractor. Contractor
‘may receive progress payments on Fixed Fee only in such amount proportionate tothe Services
‘satisfactorily performed as of the date of the invoice. However, Contractor will not be entitled to
receive a potion of the Fixed Fee which exceeds the percent of progress achieved by Contactor
as ofthe date of the voice in relation to the Services. In any event, progress payments on Fixed
Fee will not exceed the amount st forth above inthe aggregate. For purposes of payment ofthis
Fixed Fee satisfactory completion ofthe Services means the provision by Contractor of acceptable
Deliverables and the timely achievement of milestones, and will not be construed solely i terms
of expenditure of Contactors time,
‘Negotiation of Fixed Fee: For purposes of determining the fixed fe foreach ask order, the City
will negotiate the Contractor's profit ata fied fee dollar amount. The maximum fixed fee
applicable to each task order will not exceed 10% of an amount equal tothe sum of labor costs
plus overhead and burden.

6. Maximum Compensation. The maximum compensation under this Agreement may not exceed
 _1,000,000.00.

Fund Number:

Revised (0307031

UNTITLED-063
Method of Payment

1. Invoices. Once each month, Contractor must submit othe City an invoice for Services performed
‘daring the preceding month. Contractor must support each invoice with reasonable detail
including Subcontractor costs. In accordance with the terms of the Agreement, Contractor must
‘maintain complete documentation ofall costs incurred for review and audit by the City or its
designated audit representative(s). Contractor must also include in its invoice portion of the
Fixed Fee a stipulated above. Contractor must submit each invoice in the forma directed bythe
CCity and provide with ta progress report ina format acceptable to the City. The progress report
‘must identify any variances from budget o schedule and explain the reasons forthe variances.

2. Payment. Payment wil be processed within 60 days after the City’s approval of an acceptable

3. Invoice Disputes. If certain tems contained in Contractor's invoices are disputed by the City, the
amount not in question must be paid in full. The amount in question must be resolved in
socordance with the Disputes provision ofthis Agreement.

evised [030703

UNTITLED-064
‘Peden Sees Apne Man Cale Cangas Rew Sect

ATTACHMENT A

MAXIMUM HOURLY LABOR RATES

CONTRACTOR
‘Shah Engineering, Inc.
Position Classification, ‘Maximum Hourly Rate
Qaiec 90.00
Project Manager $80.00
Architect 860.00
Civil Engineer $70.00
Structural Engineer $70.00
Ventilation Engineer $65.00
Refrigeration Engineer $65.00
Electrical Engineer $65.00
‘Accessibility Engineer $60.00
Water and Sewer Engineer 45.00
Foundation Retention Engincer $60.00
Plumbing Engineer $60.00
Fire Protection Engineer $60.00

‘The above rates are good through 6/30/03,
‘Add 59% from 7/1/03 through 6/30/08.

‘Add 10% from 7/1/04 through 6/30/05,
‘Add 15% from 7/1/05 through 6/30/06.

Revised ( 03 07 03}

UNTITLED-065,
‘Presa Sere Agee Musil Cae Compan Renew Sems
ATTACHMENT A (continued)
MAXIMUM HOURLY LABOR RATES
SUBCONTRACTOR
Rheo Group, P.C.

Position Classification ===) Maximum Hourly Rate

‘Senior Project Engineer $947.00

‘The above rates are good through 6/30/03.

‘Add 59% from 7/1/03 through 6/30/04.
‘Ada 10% from 7/1/04 through 6/30105.
‘Add 15% from 7/1/05 through 6/30/06.

Revised [ 03 07 03}

UNTITLED-066
Pfs Series Apes Musca Cale Compan Review Sere

ATTACHMENT A (continued)

MAXIMUM HOURLY LABOR RATES

SUBCONTRACTOR
EC Purdy & Associates

Position Classification ‘Maximum Hourly Rate

age $90.00

Project Manager $80.00

Project Architect $75.00

‘Staff Architect $60.00

‘The above rates are good through 6/30/03.

‘Add 5% from 7/1/03 through 6/30/04,
‘Add 10% from 7/1/04 through 6/30/05.
‘Add 15% from 7/1/05 through 6/30/06,

Revised [ 03 07 03)

UNTITLED-067
Illinois Department of Transportation
7300 South Dison Parkway! Spring, Minis / 62764
RECEIVED

May 23, 2002 MAY 2 8 2002

Subject: PRELIMINARY ENGINEERING ww:
Consultant Unit ne om
Prequalification Fe

Mr, Manu Shah

Shah Engineering, inc.

One tm Plaza,

‘Suite 3200

Chicago, IL 60611

Dear Mr. Shah:
We have completed our review ofthe corporate and financial information portion
‘of your "Statement of Experience and Financial Condition” (SEFC) which You
‘submitted for tho fiscal year ending December 31, 2001. Based on your roported
lincis staf, your firm's annual Ilinois transportation fee Is $3,800,000,

Your firm's payroll burden and fringe expense rate and general and administrative
‘expense rate totaling 155% are approved on a provisional basis and will be used
‘in evaluating your Statement(s) of Interest in our selection process. The actual
‘ate used in agreement nogotiations wal be determined by our Bureau of
‘Accounting and Auditing in a pre-award audit.

‘Your frm is required to report to this office any additions or deletions of your
licensed professional staff or any other key personnal that would affect your firm's
‘Prequalification ina particular category. ‘This report must be submitted within 15
‘calondar days of the change.

‘Your fir is prequalified untit December 31, 2002. You will be given an additional
‘sk months from this date fo submit the entire "Statement of Experience and
Financial Condition” (SEFC) to remain prequalified,

Very uty yours,

Crap Ging

Chor Cathey PE.
Chief of Preliminary Engineering

UNTITLED-068
SEFC PREQUALIFICATION

Fa: SHAH ENGREERONG, NC. ‘SOICODE: SHAM ATE: eszane
PLANS, SPECIFICATIONSE ESTIMATES
10. Puate canoer orIDOE: a
2. ROADS AND STREETS: x 11 TleDaRCHOROGE

12 StowenTeD box omoen sre:

{6 RGHWAY STRUCTURE:SOMPLE: x $8. conticaxr Truss BROCE.
6 teolwny STRUCTURE TYPICAL: X —_4¢ oRMOTROM GIRDER BiIOOE:
6. HRGHWAY STRUCTURE:ADY TYPICAL: 1S CABLE STATED ORDER BRIDGE:
1 teaHWAY ETRUCTURE:COMPLER 16 TRAFIC SONA x
17 UoHTING x
1 PUNE RIG STATION 5
STUDIES —
19. LocaTIon ORANGE: A 2 swrerrsnes:
20 TRAFFIC STUDS X 23 FeAS@UTTY STUDS:
121, SGHAL COORDINATION TIMING (SCAT

HYDRAULIC REPORTS
24, WATERWAYS TYPICAL: 28, PUMP sTATIN
21, RenADaITATION

1. WATERWAYS COMPLEX.
LOCATION AND DESION STUDIES
129, NEW CONSTMAS RECONST:
2h RECON MUO REHAB:

ENVIRONMENTAL STUDIES & REPORTS

we sete wn stead wah aetead
: Bled teed we Sus
* Bled oe Bind re]

“SPECIAL DESIGN STUDIES

UNTITLED-069
illinois Department of Transportation

Office of Finance and Administration
2300 South Dirksen Parkway ! Springfield, inois / 62764

Jone 4,200
CERTIFIED-RETURN RECEIPT REQUESTED

Ms, Elzabeth . Purdy
EC Purdy & Associates

53 West Jackson Boulevard #1631
(Chicago IL 60604

Dear Ms. Purdy:

‘Your fem Is curronty certiied as @ Dsedvartaged Business Enterrze (DBE) with the
linois ‘Department of Transporation (department) for a period of three years, 2s
Provided under 49 CFR Part 26.83(). Our records indicate your firm's certification
‘Brniversary date is September 1, 2003.

[As a condition of continued ceriicaton duting the three-year pend, a frm must
‘provide the attached No Change Affidavit (Aida) to the departmeri’s Bureau of
‘Small Business Enterprises every year on its anniversary date. This Affidavit
‘accompanied by supporting documentation regarding your fim must be
Completed and returned to the address below wibin 30 days of receipt ofthis Notice.
you have any questions or need assistance, please call (217) 782-5400,

inois Department of Transportation
Bureau of Smal Business Enterprises
‘Nts: Certification Section

2300 South Dirksen Parkway, Room 319
Springfield, 62764

‘The Afidavi afims that there have been no changes in the firm's circumstances
faflecting its abilty to meet disadvantaged status, ownership, or control requirements,
‘oF any material changes inthe information provided in the certification appication. i
also states that the firm's averege annual recepts over the preceding three fiscal
years donot exceed $17 42M for constuction fms or $4M for consultant fms

Fature to submit he Aidavit and supporting documentation may sesut i the loss of

your firm's certification

Note: Pursuant to 49 CFR Part 26.83(), whenever there are any changes in
ireamstances affecting your frm's eligibty status, your frm must provide
‘writen notieaton to IDOT within 30 days of the occurence of the change. It
you fal to make timely notification, it may result nthe loss of your frm’s
Certieaton,

eo ~
i i; oY
Cecika Velasco, Bureau
‘Smif Business Enterprises
‘tach

UNTITLED-070
RECEIVED

Rheo Group, P.C. wan 12 208
18131 W. Catherine Avenue Chicago, illinois 60656-1526 set
Frome STATED

March 10,2003

‘To Whom it may concer
Rheo Group, PC. is «newly formed woman-owned civil enginering consulting company
‘which was incorporated in July 2002. Rheo Group, PC. does not yet have an IDOT
audited overbead rate, We wil be submiting fora cetfed audit in the near fture and

‘will provide this information when itis available

Ae bile

‘Amy Worthington, P.E,

UNTITLED-071
‘ta in Arete tp a

ATTACHMENT B

‘SUBCONTRACTOR
OVERHEAD AND BURDEN RATES
‘AND ESTABLISHED FIXED FEES

evieed (0107091

UNTITLED-072
EXHIBIT 2
‘Compensation and Method of Payment

Revised (030703)

UNTITLED-073
‘tn St hen Me ot op Set
Limitation on Overhead

‘The compensation due to Contractor and Subcontractors willnot exceed 150% of Labor Cost.
IFTDOT has determined a curentrate, or an audit acceptable by the City has been determined,
the Contractor's and Subcontractors’ overhead rate will not exceed the lessor ofthe rates
specified

Contractor's and Subcontractors’ Overhead rate may not exceed the lowest of (8) the rate
specified above; (6) the rate determined a a later date by IDOT; or (6) the rate determined at
1 later date by an audit acceptable to the City. The City has the right to recapture the
iflerence between the amount thas actually paid to Contractor and the amount it should have
[aid under the preceding sentence.

3. Direct Costs: Direct costs will consist of those costs described below which:

4] ae incurred inthe performance of Services under this Agreement,

fi] are allowable and allocable tothe Project;

fit] are not included in Overhead: and

'y] areroutinely and uniformly charged to specific Projects under Contractor's accounting system
(collectively, "Direct Cost")

‘Any expenditure in excess of $5,000 which qualifies asa Direct Cost will require prior approval
‘ofthe Executive Director. Contractor may not break down an expenditure which would otherwise
‘be greater than $5,000 in order to avoid this approval requirement, Direct Costs will include the
following:

2 Drawings, Printing and Reproduction Costs. The costs of all printing, binding and
reproduction related only tothe production ofthe milestone submatals to the City

. Long Distance Telephone/Telegraph and Shipping Costs. Long distance telephone cals,
postage, messenger and overnight delivery costs

Travel and Related Expenses. Out of town travel isnot anticipated under this Agreement.
However, should out of town travel become necessary in the performance ofthe Services,
Contractor must obtain prior written approval from the City for expenses elated to travel into
or out of the City. All such expenses must conform with the Cay’s travel reimbursement
guidelines, a copy of which is atached here as Atachment C. Expenses incurred for travel
Jn Chicago will be subyect to Group I Limitations as set forth in the City's guidelines,

Tn accordance with AtachmentC, the City will pay 31.5 cents per mile to Contractor and/or
Subcontractors for travel associated with Project site visits as required by the Executive
Director

4. Equipment, Tools and Vehicles. Cost of any equipment, tools, furnture, computer
‘equipment, or vehicles hired eased or purchased for Contractor's performance ofthe Services,
provided that any such item purchased will become the property ofthe City and further

Revised (030703)

UNTITLED-074
provided that Contractor must obtain price writen approval ofthe City forthe purchase hire
‘or lease of such equipment, tols, fumiture, computer equipment or vehicles tothe extent any
‘one such item will ost in excess of $500.

€ Premlumon overtime. To the extet that Contractor pays its employees a premium in excess
‘of ts hourly rats for overtime spent on the Project, the cost ofthe premium willbe treated
‘asa Direct Cost which will not be included in Labor Cost and which will not be subject to
application ofany Overhead ate. Any such overtime must be in accordance with Contractor's
polices which are subject to prior approval by the City

{. Miscellaneous. Any other costs or expenses incurred by Contractor as reasonable and
necessary forthe proper performance ofthe Services and allowable and directly allocable 0
the Project. Any expenditure in excess of $1,000 will require prior approval of the Executive
Director.

‘costs ae incurred under or in connection with Subcontract awarded by Contractor n accordance
‘wath the terms and conditions ofthis Agreement, subject tothe City’s prior written approval

‘The costs of Subcontractors which ae reimbursable to Contractor will include the Subvontractors!
Labor Costs, Overhead, fied fee and Direct Costs and, except as otherwise provided in
‘Attachment B to this Exhibit, are subject to those terms and limitations established for Labor
‘Costs, Overhead and Direct Costs in ths Exhibit 2A. In no event is Contractor entitled to any
mark-up of Subcontractor costs.

- The City will pay Contractor a fixed fee (“Fixed Fee") amount as an allowance for
earned in the performance of Services under this Agreement by Contractor. Contractor
‘ay receive progress payments on Fixed Fee only in such amount proportionate tothe Services
satisfactorily performed as ofthe date ofthe invoice. However, Contractor wil not be entitled to
receive a portion ofthe Fixed Fee which exceeds the percent of progress achieved by Contractor
asof the date of the invoice in relation to the Services. In any event, progress payments on Fixed
Fee will not exceed the amount set forth above inthe aggregate. For purposes of payment of this
Fined Fee satisfactory completion ofthe Services means the provision by Contractor of acceptable
Deliverables and the timely achievement of milestones, and will not be construed soley in terms
of expenditure of Contractors time

‘Negouation of Fixed Fee: For purposes of determining the fixed fee for each task order, the City
‘will negotiate the Contractor's profit at a fixed fee dollar amount. The maximum fixed fee
applicable to each task order will not exceed 10% of an amount equal to the sum of labor costs
plus overhead and burden.

6 Maximum Compensation. The maximum compensation under this Agreement may not exceed
$ _1,000,000.0

und Number:

Revised (030703)

UNTITLED-075,
B. Method of Payment

1, Invoices. Once each month, Contractor must submit tothe ity an invoice for Services performed
‘during the preceding month. Contracior must support each invoice with reasonable detail
including Subcontractor costs. In accordance with the terms of the Agreement, Contractor must
‘maintain complete documentation of all cots incurred for review and audit by the City or its
‘designated audit representative(s). Contractor mast also include in its invoice a portion ofthe
Fixed Fee as stipulated above. Contractor must submit each invoice inthe format directed by the
Cay and provide with ita progress report in format acceptable tothe City. The progress report
‘must identify any variances from budget or schedule and explain the reasons forthe variances.

2. Payment. Payment willbe processed within 60 days after the City's approval of an acceptable

3. Involce Disputes. Ifcerta items contained in Contractor's invoices are disputed by the City, the
amount not m question must be paid in fll. The amount in question must be resol
accordance with the Disputes provision ofthis Agreement.

Revised (030703

UNTITLED-076
Pees Ses Apetmen Musca Cale Compan Rew Secs

ATTACHMENT A.

‘MAXIMUM HOURLY LABOR RATES

CONTRACTOR
Shah Engineering, Ine.
Position Classification, ‘Maximum Hourly Rate
Qaige $90.00
Project Manager 80.00
Architect $60.00
Civil Engineer $70.00
‘Structural Engineer $70.00
Ventilation Engineer : $65.00
Refngeration Engineer $65.00
Blectrical Engineer $65.00
Accessibility Engineer $60.00
Water and Sewer Engineer $45.00
Foundation Retention Engineer $360.00
Plumbing Engineer $60.00
Fire Protection Engineer 60.00

Revised [ 03 07 03)

UNTITLED-077
Pefernse Somes Apex Mum fe Cpe Re Sere

ATTACHMENT A (continued)
MAXIMUM HOURLY LABOR RATES
SUBCONTRACTOR

Rheo Group, P.C.

Position Classification = Maximum Hourly Rate

Senior Project Engineer $47.00

Revised { 03 07 03}

UNTITLED-078
Pre Secs Agen Manca ale Conan Rew Sere

ATTACHMENT A (continued)

MAXIMUM HOURLY LABOR RATES

SUBCONTRACTOR
EC Purdy & Associates

Position Classification. Maximum Hourly Rate

Qaigc 390.00

Project Manager $80.00

Project Architect $75.00

Staff Architect 360.00

Revised (03 07 03]

UNTITLED-079
Illinois Department of Transportation
2300 Sout Dusen Parkway / Springs, Minos / 62764
RECEIVED

May 23, 2002 MAY 2 8 2002

Subject: PRELIMINARY ENGINEERING
Consultant Unit cmcenme me,
Prequalification Filo

Me, Manu Shah

‘Shah Engineering, Inc.

One tbm Piaza

Suite 3200

Chicago, Ik 60611

Dear Mr. Shah:
We havo completed our review of the corporate and financial information portion
of your “Statement of Experience and Financial Condition” (SEFC) which you
submitted forthe fiscal year ending December 31, 2001. Based on your reported
Iinois staf, your firm's annual lincis transportation fee Is $3,800,000.

‘Your firm's payroll burden and fringe expense rate and general and administrative
‘expense rate totaling 155% are approved on a provisional basis and will be used
in evaluating your Statement(s) of Interest in our selection process. The actual
‘ate used in agreement negotiations will be determined by our Bureau of
‘Accounting and Auditing in a pre-award audit.

‘Your fim is required to report to this office any additions or deletions of your
licensed professional staff or any other key personnel that would affect your firm's
Prequalification in a particular category. This report must be submitted within 15,
‘alondar days of the change.

‘Your fim is prequalified until Docomber 31, 2002. You willbe given an additional
‘Sx months from this date to submit the entire "Statement of Experience and
Financial Condition” (SEFC) to remain prequalified,

Very truty yours,

Cnt Gy

Chery! Cathey PE.
Chief of Preliminary Engineering

UNTITLED-080
‘SEFC PREQUALIFICATION

Fin SHAH ENGINEERING, NC SOICOOE: SHAY DATE: euzane
LANS,SPECIFICATIONSEESTIMATES.
1 Freeware: 10, PLATE orRDER BROGE:
2 ROADS AND STREETS: x 1 nebaRctemioce:
3 Anon: 12, SEGMENTED DOX GIRDER BROGE:
4. RoHWAY stRUCTURE:SMeLE: X 13, CONTRANT TRUSS BROGE:
{ MGHWAY STRUCTURE:TYPICAL: X 44 ormorRonc oinpER GRIODE:
(6 HGHWAY STRUCTURE:ADY TYPICAL: 15. CABLE STATED GRDER BRIDGE:
5, trotwny StROCTURE-COMPLEX 16 TAFE SONAL x
& RARROAD BReDGE: 7 using: x
1. MOVADLE URIOGE: 1. FUMPEIG STATION *

REPORTS
2, uu srATIN.

LOCATION AND DESIGN STUDIES ——————,

2 RECONST NS REHAB:

ENVIRONMENTAL STUDIES & REPORTS
0 eMLE EA: 31, COMPLEXE A: wes:

wan sess We steam stent
. Ble oo Sito led

“SPECIAL DESIGN STUDIES
2 MASS TRANSIT 24. RALWAY ENGINEERING:

“SPECIAL SERVICES
X 44 Uvoscare ancreTECTURE: x
X SS tezanoous Waste:
‘6. ASDCETOS ABATEMENT SURVEY:
CONSTRUCTION INSPECTION x.
“2. ourry assurance: TYPICAL:
x ounttvassuence: Court
X 2 prTuMaNous MX DESIGNS: TYPIEAL
St BUMNOUS MEX DESIGNS: COMPLEX
X__ £2 SUBSURFACE UTILITY ENGMECFING:

UNTITLED-081
Illinois Department of Transportation

Office of Finance and Administration
2300 South Dirksen Parkway / Springfield, llinois / 62764
tune 4, 2001

CERTIFIED-RETURN RECEIPT REQUESTED

Ms. Elizabeth © Purdy

EC Purdy & Assocates

'53 West Jackson Boulevard #1631

(Chicago,IL 60604

Dear Ms. Purdy:

‘Your temic curenty certted a8 @ Disedvantaged Business Entorprise (OBE) with
Wines Department of Transportation (department) for a period of tree years, 3s
provided under 49 CFR Part 26.834) Our records indicate your firms certiicaton
‘anniversary dae is September 1, 2003,

‘As a condition of continued certification dunng the three-year penod, a frm must
provide the attached No Change AYfidavt (Aidavt) to the departments Bureau of
Small Business Enterprises every year on its anniversary date. This Affidavit,
‘accompanied by supporting documentation regarding your firm's size, must be
‘completed and retumed to the adaress below within 30 days ofrecept ofthis Notice,
Ifyou have any questions or need assistance, please cal (217) 782-5400.

\inois Department of Transportation
Bureau of Small Business Enterprises
Ati Cerifcation Section

12300 South Dxsen Parkway, Room 319
Springfield, I 62768

‘The Affidavit arms that there have been no changes in the firm's crcumstances
affecting ts ablty to meet disadvantaged status, ownership, or contol requirements,
(oF any material changes inthe information provided in the certification application. It
also states that the fhm’s average annual receipts over the preceding three fiscal
years do not exceed $17 42M for construction frms or $4M for consultant rs.

Falure o submit the Afidavt and supporting documantaton
‘your fms certicabon.

9 FOSUR in the foas of

Note: Pursuant fo 49 CFR Part 26.83(), whenever there are any changes. in
forcumstances affecting your fim’ elgibity status, your frm must provide
walten notification fo IDOT with 30 days ofthe occurrence ofthe change. It
you fall to make timely notation, t may result in the loss of your firm's
Certieation

sneeey, _
a Cecta Vewsca Bureau Chet
etnies

‘Altach

UNTITLED-082
RECEIVED
Rheo Group, P.C. MAR 1 2 2003

8131 W. Catherine Avenue Chicago, Illinols 60656-1526 a eraeenne mo

Prone 773774 9989

March 10,2003
‘To Whom it may concer:
hoo Group, PC. is a newly formed woran-ovned civil enginering consiking company
which was incorporated in uly 2002. Rheo Group, P.C. does not yet have an IDOT
audited overhead rate, We willbe submitng fra erie audit in the nea future and
will provide this information when tis avaible

Bele

‘Amy Worthington, PE,

UNTITLED-083
ATTACHMENT B
SUBCONTRA‘

.CTOR
‘OVERHEAD AND BURDEN RATES
‘AND ESTABLISHED FIXED FEES

030703

UNTITLED-084
‘Total inclading tax
and tip

$50.00

LODGING.
‘The maximum daily
rate exclusive of
“seen | 522000 195.00 15000 10000
si1.00 $10.00 $9.00 $8.00
si3.00 si200 su.00 10.00

$38.0

UNTITLED-085,
ATTACHMENT C

CITY oF CHICAGO

‘TRAVEL REIMBURSEMENT GUIDELINES

A ansportaton costs must be accounted for wit separate categories for each ype of transportation (sili, bus,
‘ab fares of other local taneportatin, and private automates) The wwe of «private automabile im Hew of public
‘eansporatioa willbe reimbursed at 36.0 ceats perme, batinao cvet wilh embarsement exceed the costofeoach
‘ic fare. The maxima daily rate designated for botel ate fr meals are also ingroup categories Any is or prataity

istobe included.

‘Ospina itemized receipts forall costs must be anached othe approved eave equest and submited withthe monly

Reimbrsemest rats ae categorizedby relative travel cot atscisted with cern cities. Group nd it are ot
all incsive. For cites not listed, please consult with the Office of Budget & Management for appropiate

‘eonhanenen aes,
(Per iem based upon [STAND cnovrr___ [Groen (GRour mt
Rac anerecmbe [NewYork Ciy | Atint,GA —[Batimore, MD | Kansas Cig, MO
Bove canes Mantatan’” | Boson: MA | Cleveins O#f | Loui EY
= ‘New York City | Chacago, IL ‘Cincinnati, OH “Madison, WI
revouren | Losangels,ca | Columbus of | St Louis: MO
Pada PA | Dal, TX Sprngficd
SuaFamiso, | Denver, CO
ca Dewot Mt
Washingoe, | Howson, TX
Washingon DC | Indianapolis 1N
. Las Veo NY
Menghis TS
Mina, FL
Milas, WL
Minot
St Paul MN
New Olen. 1A
Onto, FL
Phoeae AZ
taba PA
Pordand 8
San Diego, CA
Sandose, CA
Scale, Wa
Tanga, FL
‘GROWD
TRANSPORTATION
shuttetaior public | $4.00 43.00 33500 25.00
ansprtaon
One allowance per tip
TRANSPORTATION
an cosh fire | coche conch fae conch fre
sai: ceonomy tare | sconomy fe | ceonomy tre | tronomy fe
ter economy fare | Sconomy fre | seamen fre | ceonomy fre
persona car: Sossoimies | Sosismies | Sosnmike | Soden
revised (0307031

UNTITLED-086
EXHIBIT 3

MBE/WBE Special Conditions

Revised (0307031

UNTITLED-087
SPECIAL CONDITION REGARDING MINORITY BUSINESS ENTERPRISE
COMMITMENT AND WOMEN BUSINESS ENTERPRISE COMMITMENT

Policy and Terms

{tis the policy ofthe City of Chicago that Local Businesses certified as Minority Business Enterprises (MBE)
and Women Business Entrpaises (WBE) in accordance with Section 292-420 et seq, ofthe Municipal Cade
‘of Chicago and Regulations Governing Certification of Minority and Women-owned Businesses, and all other
Regulations promulgated under the aforementioned sections ofthe Municipal Code shall have the maximum
‘opportunity to participate ful in the performance ofthis agreement. Therefore, the contractor shall not
lcrminate against ary person or business onthe basis of race, coor national origin orex, and shal take
affirmative acon to ensure that women and minority businesses shall have the maximum opportunity to
Compete for and perform subconvacs for supplies oF services

‘The Chief Procurement Officer has established a goal of awarding not less than 25% of the
annual dollar value ofall contracts to certified MBEs and 5% of the annual dollar value of all
‘contracts to certified WBES.

‘Accordingly, the contractor commits to expend atleast the following percentages of the total contract price
inclusive of any and all moditicatons and amendments), f awarded, for contract participation by MBES and
WES:

Year Advertised MBE Percentage WBE Percentage
1991 2% 3K
1992 195% 49%
1993, 737% 48%
ater 1993 169% 45%

This commitment is met by the contractor's status as a MBE of WBE, or bya joint venture with one or more
BES or WBES a prime contractor (tothe extent ofthe MBE or WBE participation in such joint venture), oF
by subcontracting  ponton ofthe work to one of more MBEs or WBEs, or by the purchase of materials used
in the performance ofthe contrac from one or more MBES or WBE, or by the indirect participation of,
-MBEs or WB in ater aspects ofthe contractor's busines (but no dll of such indict MBE or WBE
Participation shallbe credited more than once against a contractor's MBE ot WBE commitment with respect
to all contract of such contacto) oF by any combination ofthe foregoing. Note: MBEMVBE participation
goals are separate and those businesses certified with the City of Chicago as both a MBEWBE shal not
bbe credited more than once against a contractor's MBE or WBE commitment in the performance of the
contract.

‘As nated above, the contractor may meet al or part ofthis commitment by contracting with MBEs or WBES
for the provision of goods oF services not directly celated to the performance of this contract. However, in
determining the manner of MBE/WBE participation, the contractor shall ist consider involvement of
[MBESWBES as joint venture partners, subcontractots, and suppliers of goods and services directly related to
the performance of this contract. In appropriate cases, the Chief Procurement Officer will require the
Contractor to demonstrate the specific efforts undertaken by It to involve MBEs and WBEs directly in the
performance of this contract

The contractor also may meet all or part ofthis commitment through credits received pursuant to Section 2-
92-530 of the Municipal Code of Chicago for the voluntary use of MBES or WEES in private sector projects,

UNTITLED-088
2

‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBE/WBE)

Definitions

“Minority Business Enterprise” or “MBE” means a firm awarded certification as a minority owned and
controlled business in accordance with City Ordinances and Regulations.

“Women Business Enterprise” or “WBE” means a firm awarded certification as a women owned and
controlled business in accordance with City Ordinances and Regulations.

“*Directory” means the Directory of Certified “Disadvantaged Business E “Minority Business
Enterprises" and “Women Business Enterprises" maintained and published by the Contract Compliance
‘Administrator. The Directory identifies firms that have been certiied as MBES and WBEs, and includes both
the date oftheir lat certification and the area of specialty in which they have been certified. Contractors
are responsible for verifying the current certification status of all proposed MBE and WBE firms.

“Area of Specialty” means the description ofa MBE or WEE firm's business which has been determined by
the Chief Procurement Oficer to be most reflective ofthe MBE or WBE firm's claimed specaty or expertise.
Each MBE/WBE letter of certification contains a description of ts Area of Specialty. Ths information is aso
contained in the Directory. Credit toward this contract's MBE and WBE participation goals shall be mited
tothe participation of firms performing within their Area of Specialy.

NOTICE: The City does not make any representation concerning the ability of any MBEWBE to
perform work within thei Area of Specialty. tis the responsibility ofall contractors to
determine the capability and capacity of MBES/WBEs to satisfactorily perform the work
proposed.

“Joint Venture” means an association of two or more businesses to carry outa single business enterprise for
profit, and for which purpose they combine their expenise, property, capital, efforts, skill and knowledge.
‘Contractors may develop joint venture agreements as an instrument to provide participation by MBEs and
\WBES in contract work. A joint venture seeking to be credited for MBE/WBE participation may be formed
among certified MBE/WBE firms or between certified MBEMWBE fim (s) and non-MBE/WBE firms)

A joint venture is eligible for MBE/WBE credit if the MBEAWBE partners) share in the ownership,
Control, management responsibilities risks and profits ofthe joint venture, and are responsible fora
dearly defined portion of work to be performed, in proportion with the MBEWBE ownership
percentage.

“Contract Compliance Administrator” means the officer appointed pursuant to Section 2-92-490 of the
‘Municipal Code of Chicago.

‘Counting MBEWBE Participation Toward the Contract Goals

The inchsion of any MBE or WBE in the contractor's MBEAWBE Utilization Plan shall not conclusively
establish the contractors right to fll MBE/WBE credit for that firm's participation in the contract.

‘The Chief Procurement Officer reserves the right to deny or limit MBEWBE credit tothe contractor where

any MBE or WBE is found to be engaged in substantial subcontracting or pass-through activities with others.
In this regard, a contractor may count toward its MBE and WBE goals only expenditures to firms that perform

UNTITLED-089
‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBE/WBE)

‘commercially useful function. A firm is considered to perform a commercially useful function when itis
‘responsible for the performance of a dearly defined and distinct element of work and is carrying out ts
‘esponsibilties by actually performing, managing. and supervising the work involved. To determine whether
firm is performing a commercial useful function, the Chief Procurement Ofcer shall evaluate the amount
‘of work subcontracted, industry practices, and other relevant factors. The amount of MBEAWBE
paricipation credit shal be based upon an analysis by the Chief Procurement Orfice ofthe specific duties
‘that willbe performed by the MBE or WBE. Each MBE/WBE shall be expected to actualy perform a
substantial (., more than eighty-five percent (85%) ) portion ofthe work contemplated fri by any
subcontractor agreement through the use of its own employees and equipment.

Requested information may include, without limitation: (1) specific information concerning brokers’
fees and/or commissions; 2) intended sub-suppliers or other sources of goods andlor services; and,
(3) specific financial or other risks to be assumed by the MBEWBE.

‘The participation of MBEs and WBEs who have been certified 2s “brokers” shall no longer be considered
‘lige to participate on contracts awarded by the iy in 1993 and thereafter until futher notice fr any
consideration of MBE or WBE credit

Credit for the participation of MBESWBEs 2s joint venture partners shall be based upon an analysis ofthe
‘duties, resporsblities and risks undertaken by the MBE/WBE as specified by the joint venture’s executed
joint venture agreement. The Chief Procurement Officer reserves the right to deny or limit MBE/WBE credit
to the contractor where any MBEMWBE joint venture partner is found to have duties, responsibilities, rsks or
loss and management control over the joint venture that is not commensurate with or in proportion to its
join venture ownership.

ions Governing is

‘The following Regulations set forth the standards to be used in determining whether of nota reduction oF
waiver of the MBEWBE commitment goals ofa particular contract is appropriate. fa bidder or proposer
determines tht itis unable to meet the MBE and/or WBE percentage on a City of Chicago contract, a
writen request for the reduction or waiver of the commitment must be included in the bid or proposal

“The written request for reduction or waiver from the commitment must be inthe form ofa signed petition
for gant of relief from the MBE/WBE percentages submitted on the bidder/proposer's letterhead, and must
‘demonstrate that all required efforts asset fort inthis document were taken to secure eligible Minority and
Women Business Enterprises to meet the commitments. The Chief Procurement Oficer or designee shall
determine whether the request forthe eduction or waiver wil be granted.

Bidders/proposers will be considered responsive to the terms and conditions of these Regulations if a
‘waiver request and proof of notification to an assist agency is submitted atthe time of bid/proposal
‘opening. Once the bids have been opened, the lowest responsive and responsible bidder so deemed by the
Chief Procurement Officer or authorized designee will have no more than fourteen (14) calendar days to
submit tothe Department of Procurement complete documentation that adequately addresses the
Conditions for waiver described herein. Proposers responding to Request for Proposals (RFPs) who have
‘been identified as a short listed candidate andlor a prospective awardee will be given a designated time
allowance, but no more than fourteen (14) calendar days to submit to the Department of Procurement,

UNTITLED-090
‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBE/WBE)

‘complete documentation that adequately addresses the conditions for waiver described here
Respondents to Request for Information and or Qualifications (RFV/RFQs) deemed by the Chief
Procurement Officer or authorized designee to be the most responsive and responsible shal submit
documentation that adequately addresses the conditions for waiver described herein during,
negotiations. Failure to submit documentation sufcient to suppor the waiver request will ause the
bid/proposa to be found non-responsive by the Chief Procurement Officer, and the bid/proposal will be
‘ejected. in such cases the remedies to be taken by the Chief Procurement Officer, in his discretion, may
include, but ae not limited to, forfeiture of bid deposit; negotiating with the next lowest bidder/proposer; oF
‘eadvertising the bid/proposal. Al bidder/proposers are encouraged to submit all required documents at the
time of bid opening to expedite the contract award,

DirectindirectParticipatc

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

1. The bidder/proposer has documented the unsuccessful solicitation for either subcontractors or joint
‘venture partners ofa least 50% (or atleast five when there are more than eleven certified firms in
the commodity area ofthe appropriate certified MBE/WEBE firms to perform any direct or indirect
‘work identified or related to the adverised bid/proposal. Direct participation involves subcontracting,
a portion ofthe goodsservices specifically required inthe bid/proposal. Indirect participation is the
subcontracting of goodsservices not specifically related to the performance of this contract.
‘Documentation must include but is not necessarily limited to:

8. detailed statement of efforts to identify and select portions of work identified in the bid
solicitation for subcontracting to certified MBE/AWBE firms:

1b. _Alisting ofall MBE/WBE firms contacted that includes:

(1) Names, address and telephone numbers of MBEAWBE firms solicited;
@) Date and time of contact;
8) Method of contact (writen, telephone, transmittal of facsimile documents, etc.)

Copies of letters or any other evidence of mailing that substantiates outreach to MBEWBE
vendors that includes:

(1) Project identification and location;

2) Casificaion/commodity of work items for which quotations were sought;

(3) Date, item and location for acceptance of subcontractor bid proposals;

(4) Detailed statement which summarizes direct negotiations with appropriate MBEWBE
firms for specific portions ofthe work and indicates why negotiations were
unsuccessful;

UNTITLED-091
SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBEWBE)

(5) Affirmation that good faith efforts have been demonstrated by choosing,
subcontracting opportunites likely to achieve MBE/WBE goals by not imposing any
limiting conditions which were not mandatory for all subcontractors; oF denying the
benefits ordinarily conferred on MBE/WBE subcontractors fr the type of work that
was solicited,

oR

2. Subcontractor participation wil be deemed excessively costly when the MBE/WBE subcontractor
‘Proposal exceeds the average price quoted by more than twenty percent 20%). In order to establish
that a subcontracts" quote excessively costly, the bidderproposer must provide the following
information:

detailed statement ofthe work identified for MBEWBE participation for which tne
bidder/proposer asserts the MBEMWBE quote(s) were excessively costly (in excess of 20%
higher.

(1) Alisting ofall potential subcontractors contacted for a quotation on that work item
2) Prices quoted for the subcontract in question by all such potential subcontractors for
that work iter

b. Other documentation which demonstrates to the satisfaction ofthe Chief Procurement
Officer that the MBE/WBE proposals are excessively costly, even though not in excess of 20%
higher than the average price quoted. This determination will be based on factors that
indude, but ae nat limited to the folowing:

(1) The City’s estimate for the work under a specific subcontract

(2) The bidder/proposer's own estimate for the work under the subcontract;

(G3) Anaverage of the bona fide prices quoted for the subcontract;

(4) Demonstrated increase in other contract costs asa result of subcontracting to the
MIWBE or other firm.

‘Assist Agency Participation

Every waiver and/or reduction request must include evidence thatthe bidder/proposer has provided timely
‘notice ofthe need for subcontractors to an appropriate association/assist agency representative ofthe
-MBEDWBE business community

The notice requirement of this Section will be satisfied if a bidder/proposer contacts at least one of the
associations on Attachment A to these Regulations when the prime contractor seeks a waiver or reduction in
the utilization goals. Attachment 8 to these Regulations provides the letter format that a prime contractor
‘may use. Proof of notification prior to bid submittal (e.g, certified mail receipt or facsimile transmital receipt)
willbe required for any bid/proposal submited to be deemed responsive on the date of bid opening, If
deemed appropriate, the Chief Procurement Officer or Contract Compliance Officer may contact the assist
agency for verification of notification.

UNTITLED-092
‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBE/WBE)

Ampracticability

1, Ifthe Chief Procurement Officer determines that a lesser MBE and/or WBE percentage standard is
appropriate with respect toa particular contract subject to competitive bidding prior to the bid
solictations for such contract, bid specifications shall include a statement of such revised standard,

2, The requirements set forth in these Regulations shall not apply where the Chief Procurement Officer
determines prior to the bid solicitations that MBE/WBE subcontractor participation is impracticable.

‘This may occur whenever the Chief Procurement Officer determines that for reasons of time, need, industry
practices or standards not previously known by the Procurement Department administrator, or such other
extreme circumstances as may be deemed appropriate, such a Waiver isin the bes interests of the City. This
determination may be made in connection with 2 pastcular contract, whether before the cortract is let for
bid, during the bid or award process, before or during negotiation ofthe contract, or during the performance
‘of the contract.

For all notifications required 10 be made by bidder/proposers, in situations where the Chief Procurement
Oicer has determined that time sof the essence, documented telephone contact may be subsituted for
letter contact

oe Sid Comal

The following Schedules and described documents constitute the bidder's MBEWBE proposal, and must be
submitted in accordance with the guidelines stated:

‘A Schedule C-1 executed by the MBEMWBE (or Schedule B/Joint Venture Subcontractor) must be submited
bby the bidder/proposer for each MBE/WBE included on their Schedule D-1 and rust accurately detail the
‘work tobe performed by the MBENWBE and the agreed rates and prices to be paid.

{any fully completed and executed Schedule C-1 isnot submitted with the bid/proposal it must be
received by the Contract Administrator within ten (10) days ofthe bid/proposal opening. (All post
bid/poposal submissions must have original signatures on ll documents) Failure to submit a completed
‘Schedule C.1 in accordance with this section shall entitle the City to deem the bid/proposal non-responsive
‘and therefore reject the bid/proposa

eters of Cenification,

A copy of each proposed MBEAWBE firm's current Letter of Certification from the City of Chicago must be

submitted with te bid/proposal
All Letters of Certification issued by the City of Chicago include a statement of the MBE/WBE firm's Area of

Specialty. The MBEWBE firm’s scope of work, as detailed by their Schedule C-1, must conform to their
stated Area of Specialty

Joint Venture Agreements

I the bidder's/proposer's MBE/WBE proposal includes the participation of a MBE/WBE as joint venture on
any ter (ether asthe bidder/proposer or as a subcontracto, the bidder/proposer must provide a copy of the
Joint verture agreement and a Schedule B.

UNTITLED-093,
SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBEW8E)

In order to demonstrate the MBEWBE partner's share in the ownership, control, management
responsibilities, risks and profts of the joint venture, the proposed joint venture agreement must include
specific detail related to: (1) contibutions of capital and equipment; (2) work responsibilities or other
performance to be undertaken by the MBEAWBE; and (3) the commitment of management, supervisory and
‘operative personne employed by the MBEMVBE to be dedicate the performance ofthe contract. The
joint venture agreement must also clearly define each partner's authority to contractually obligate the joint
‘venture and each partners author to expend joint venture funds (eg, check signing author.

‘Required Schedules Regarding DBE/MBE/WBE Utilization,

Bidders must submit, together withthe bid, a completed Schedule D-1 commiting them tothe utilization of
cach listed MBEAVBE firm.

Except in cases where the bidder/proposer has submitted a request for a complete waiver of or variance
from the MBEWEE commitment in accordance with Section IV here, the bidder/proposer must commit to
the expenditure ofa specific dollar amount of participation by each MBE/WBE fiem included on theie
Schedule D-1. The total dolar commitment to proposed MBEs mus at least equal the MBE goal, and the
total dolar commitment to proposed WBEs must at least equal the WBE goal. Bidders are responsible for
‘calculating the dollar equivalent of the MBE and WBE goals as percentages of their total base bids or in the
‘ase of Term Agreements, as percentages ofthe total estimated usage.

‘All commitments made by the bidder's Schedule D-1 must conform to those presented in the submitted
Schedule C-1. if Schedule C1 is submitted after the opening (See Section V.A. above the bidder/proposer
‘may submit a revised Schedule D-1 (executed and notarized) to conform with the Schedule C-1. Except in
cases where substantial and documented justification is provided, bidders/proposers will not be allowed to
reduce the dolar commitment made to any MBE or WBE in order to achieve conformity between the
Schedules C-1 and D-1

All commitments fr joint verture agreements must be delineated in the Schedule 8.

Reporting Requirements During The Term of The Contract

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

In the case of one time procurements of supplies wit either single or multiple deliveries to be performed in
less than one year from the date of contract award, a "MBEAWBE Utilzation Report,” indicating final MBE
‘and WBE payments shall be submitted directly to the Department of Procurement Services so as to asure
receipt either atthe same time, or before the using Department receives contractor's ial invoice.
(NOTICE: Do not submit invoices with “MBEWBE Utilization Reports") Final payments may be held
‘unt the Utilization Report have been received,

‘During the term of all other contracts, the contractor shall submit regular “MBE/WBE Utilization Reports,” a
copy of which is attached. The frequency with which these reports are to be submitted will be determined
by the Chief Procurement Officer, but in no case will reports be required less often than on a quarterly basis.

UNTITLED-094
a

‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBEMWBE)

“MBE/WBE Uitlization Reports” are to be submitted directly to: Department of Procurement Services,
Division of Contract Monitoring and Compliance, City Hall, Room 400, 121 N. LaSalle Steet, Chicago,
Minois 60602.

‘The Contract Compliance Administrator shall be entitled to examine, on five (5) business days notice, the
‘contractor's books and records including without limitation payroll records, tax retums and records, and
bbooks of account, to determine whether the contractor isin compliance with its commitment to MBE/WBE
‘articipation and the status of any MBE or WBE performing any portion ofthe contract. Such rights are in
‘addition to any other audit inspection rights contained in the contract.

MBEWBE Substitutions
‘Changes by the contractor of the commitments eater certified inthe Schedule D-1 are prohibited. In some

cases, however, it may become necessary to substitute a new MBE or WBE in order to actully fulill the
MBE/WBE requirements.

‘The contractor must notify the Chief Procurement Oficer immediately in writing ofthe necessity to reduce
‘or terminate a MBEWBE subcontract and to utilize a substitute firm for some phase of work. The
‘contractor's notification should include the name, address and principal oficial ofthe substitute MBE/WBE
and the dollar value and scope of work of the subcontract. Attached should be all the requisite MBE/WBE
affidavits and documents, as enumerated above in Section V, “Procedure to Determine Bid Compliance.”

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

Alter award of contract, no relief of the MBEWBE requirements will be granted by the City except in
‘exceptional circumstances. Requests for complete or partial waiver of the MBE/WBE requirements of this
‘contract must be made in writing, stating all detas of the request, the circumstances, and any additional
relevant information. The request must be accompanied by a record of all efforts taken by the contractor to
locate specific firms, solicit MBE/WBE bids, seek assistance from technical assistance agencies, etc, 5

‘utined above inthe section ented “Reguations Governing Reductions Toor Waiver of MBEAWBE Goal”
‘Non-Compliance and Damages

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

(1) allure to satisfy the MBEWBE percentages required by the contract; and

(2) the contractor or subcontractor is disqualified as a MBE or WBE, such status was a factor in
contract award, and was misrepresented by the contractor.

In the event thatthe contractor is determined not to have been involved in any misrepresentation of the

status ofthe disqualified subcontractor or supplier, the contractor shall seek to discharge the disqualified
subcontractor oF supplier, upon proper notification to the Chief Procurement Officer andlor Contract

UNTITLED-095,
10.

SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBEWBE)

‘Compliance Administrator and make every effort to identify and engage a qualified MBE or WBE as its
replacement. Furthermore, continued eligibility to enter into fature contracting arrangements with the City
may be jeopardized as a result of non-compliance. Payments due tothe contractor may be withheld until
corrective action is taken,

Acbitration

Inthe event a contractor has not complied with the contractual MBEWBE percentages in its Schedule D,
‘under utilization of MBESWBEs shall entitle the aflected MBE/WBE to recover from the contractor damages
suflered by such entity asa result of being underutilized; provided, however, that ths provision shall not
‘apply to the extent such underutiization occurs pursuant toa waiver or substitution approved by the Cy.
‘The Ordinance and contracts subject thereto provide that any disputes between the contractor and such
affected MBESWEES regarding damages shall be resolved by binding arbitration before an independent
arbitrator other than the City, with reasonable expenses, including attorney's fees, being recoverable by
prevailing MBE/WBE in accordance with these regulations. This provision i intended forthe benefit of any
-MBE/WBE affected by underutilzation and grants such entity specific third party beneficiary tights. Any
rights conferred by ths regulation are non-waivable and take precedence over any agreement tothe
Contrary, including but not limited to those contained ina subcontract, suborder, or communicated orally
between a contractor and a MBEWBE.

[A MBEWBE desiring to arbitrate shall contact the contractor in writing to initiate the arbitrative process.
Except as otherwise agreed to in writing by the affected partes subject to the limitation contained in the last
‘sentence of the previous paragraph, within ten (10) days ofthe contractor receiving notification of the intent
to arbitrate from the MBE/WBE the above-described disputes shall be arbitrated in accordance with the
‘Commercial Arbitration Rules ofthe American Arbitration Association ("AAA"), a not-for-profit agency, with
‘an office at 225 North Michigan Avenue, Suite 2527, Chicago, tlinois 60601-7601 [Phone: (312) 616-6560;
Fax: (312) 819-0404). Allsuch arbitrations shal be initiated by the MBEWBE filing a demand for
arbitration with the AAA; shall be conducted by the AAA; and hel in Chicago, lino,

‘Allfees ofthe arbitrator are the intial responsibilty of the MBEAVBE; provided, however, thatthe arbitrator
is authorized to award reasonable expenses, including attorney's and arbitrator fees, as damages to 2
prevailing MBEWBE.

‘The MBE/WBE must send the City a copy of the “Demand for Arbitration” within ten (10) days aftr its filed
with the AAA. The MBE/WEBE also must send the City a copy ofthe decision ofthe arbitrator within ten (10)
days of receiving such decision. Judgment upon the award rendered by the arbitrator may be entered in
any court of competent jurisdiction

Record Keeping
“The Contractor shall maintain records of all elevant data with respect to the utilization of MBESWBEs,
retaining these records fr a period of a least theee years after final acceptance ofthe work, Full access to

these records shall be granted to the City of Chicago, Federal or State authorities inthis project, the U.S.
Department of Justice, or any duly authorized representatives thereot

UNTITLED-096
"

‘SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS (MBEWBE)

‘Information Sources

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

U.S. Small Business Administration
500 W. Madison Street, Suite 1250
Chicago, tins. 60661

General Information

(12) 353-4528

S.BA.- Procurement Assistance
'500 West Madison, Suite 1250
Chicago, ilino's 60661

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

'500 West Madison, Suite 1250
Chicago, tlino's 60661

‘tention: Carole Harris

(12) 353-4003

‘Attention: Robert P. Murphy, Area Regional Administrator

12) 353-7381

Project information and general MBE/WBE information:

ity of Chicago
Department of Procurement
Contract Monitoring and Compliance
ity Hall - Room 403

Chicago, tines 60602

Attention: Camice Carey

(12) 744-1895

Gity of Chicago

Department of Procurement
‘Contract Administration Division
ity Hall - Room 403

‘Chicago, tlinois 60602
‘Attention: Byron Whittaker

(312) 744-4926

Directory of Certified Disadvantaged, Minority and Women Business Enterprises:

Gity of Chicago
Department of Procurement
Certification Unit

Gay Hall - Room 403
‘Chicago, inois 60602
‘Attention: Lillie Cooper
(312) 744-1896

Information on MBE/WEBE availabilty inthe manufacturing, sales or supplies, and related fields (direct
assistance from 42 regional affiliates located throughout the U.S.)

National Minority Suppliers
Development Council, In.

1040 Avenue ofthe Americas, 2* foor
New York, New York 10018
‘tention: Harnet R Michel

(212) 944-2430

Chicago Minority Business
ment Councit

17 South LaSalle - Suite 850

Chicago, tinois 60603

‘Attenon: Maye Foster-Thompson

(312) 263-0105

UNTITLED-097
ATTACHMENT A

ASSIST AGENCIES: NON-CONSTRUCTION

Latin American Chicago Minority Business Mexican American
‘Chamber of Commerce evelopment Council ‘Chamber of Commerce of Ilinois
2539 N. Kedzie - Suite 12 11S, L8Salle Steet - Suite S80 1228. Michigan Ave. Suite 1449,
Chicago, linois 60647 Chicago, Ilinois 69603-1202 Chicago, Ilints 60603
‘An: D. Lorenzo Padeon ‘Attn; Maye Foster Thompson ‘Attn: Juan Ochos
(773) 252-5211 612) 263-0105 G12) 554-0844
(773) 252-7065" (G12)263-4280" (612) 554-0848
‘Women in Business Yellow Pages Triton College State of Minois
319 S, Wabash, Suite 606 Small Bus. Development Center Dept of Central Management Service
‘Chicago, lino 60605 2000 Fith Avenve Business Enterprises Division
‘Atm: a Bill River Grove, Iinois 60171 100 W. Randolph St, Suite 4-400
(84) 679.7800 ‘Attn: Jeffrey Barnes Chicago, Illinois 60601
(847 679-7845" (708) 456-1300 - Ext. 3593 ‘Attn: lene Cusloping

(708) 585-3118" G12) 814-4190
‘Asian American (G12) 814-6664
‘Small Business Association Cosmopolitan Chamber of Covmnerce
3023 N. Broadway 1526'S. Michigan - Suite 100
Chicago, Hlinois 60640 Chicago, Mlinois 60605-2602
‘At: Charles S00 ‘Atm: Consuelo Pope!
(773) 728-1030 Lylah Booker Hill

12) 786-0212
[National Association of Women (312) 786-9079"
Business Owners-Chicago Chapt.
175 W. Jackson, Suite 625 Westside Small Business
Chicago, Iinois 60604 Development Corporation
‘Attn: Sandra Gidley 112N. Pulaski Road
G12) 322-0990, Chicago, linois 60624
G12) 461-0238" ‘Aan: Betty Boston

(773) 638-1990
Minois Dep. of Commerce (773) 638-4851"
‘and Community Affairs
100 W. Randolph - Suite 3-400 Litle Village 26th Street + Pax Number
Chicago, Minos 60601 ‘Area Chamber of Commerce
‘Attn: Molie Cole $3610 West 26h Steet

G12) 814-7176
G12) 814-6732"

International Trade Bureau
Operation Push

‘930 E.S0th Street
Chicago, Ilinois 60615
(173) 373-3366,

(7a) 37.-3571"

Chicago, Mlinois 60623
‘Asn: Frank Aguilar, Exec. Dit.
(73) 521-5387
(773) 521-5252"

Chicago Urban League
4510S. Michigan
Chicago, Minois 60653
‘Ati: Lee V. Smith
(312) 285-5800 X383
12)288-772"

UNTITLED-098
ATTACHMENT A

ASSIST AGENCIES: CONSTRUCTION
‘Hispanic-American Constroction ‘Asian American Alliance
Industry Associations (HACIA) 1222 W. Cermak Road, Ste. 302
641 West Lake Steet, Ste. 300 ‘Chicago, Iinois 60616-1986
Chicago, IL 60661 ‘Attn: Christine L. Takada
‘Att: Rafael Hernandez Executive Director
G12) 258.9621 G12) 326-2200
G12) 258.9628" G12) 326-0399
Mexican American
Chamber of Commerce of Ilinois
122 S. Michigan Ave, Suite 1449
Chicago, Minois 60603,
‘Attn: Juan Ochos
12) 554-0844 Revised 10-16-00
G12) 554-0848 ‘Fax Number
Federation of Women Contractors

175 West Jackson, Ste. 625,
Chicago, Hinois 60604

‘Attn; Debra Smit, Administration
G12) 360-1122

G12) 360.0239"

African American
Contractors Association

1006 S. Michigan Ave. Suite 601
‘Chicago, Minois 60605

‘Attn: Omar Shareef, President
(312)760-1011 per

G12) 567-9919"

Black Contractors United
2860 E. 76th Steet, Suite 2B
‘Chicago, Iinois 60649

‘Attn: Paul King, Executive
Director

(773) 933-7950

(773) 933-7957"

‘Associaton of Asian
‘Constrction Enterprises
333 Noh Ogden Avenue
Chicago, tino 60607
‘Ania: Mr, Perry Nakachi,
President

G12) 563-0746

G12) 666-1785"

“Fax Number

UNTITLED-099
ATTACHMENT B

(ssist Agency Name and Address)

Dear

(Bidder/Proposer) __ intends to submit a bid/proposa in response tothe above referenced specification
‘withthe City of Chicago. Bids are due advertised specification with the Cty of Chicago,

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

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

at

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

‘Under the City of Chicago's MBE/WBE/DBE Ordinance, your agency is entitled to comment upon this waiver
request to the City of Chicago. Written comments may be directed within fifteen (15) working days of your receipt
ofthis letter to:

Etc. Griggs, Deputy Procurement Officer
Department of Procurement Services
ay of Chicago
121 Noth a Sle Stret, Room 403
Chicago no's 60602
1 you wish to discuss this mater, please contact the undersigned at

Sincerely,

UNTITLED-100
SCHEDULE B: Affidavit of Joint Venture (MBE/WBE)
This form need not be submitted if all joint venturers are MBES and/or WBE. In such a case, however, 2
writen joint venture agreement among the MBE and WBE venturers must be submitted. In all proposed
joint vertures, each MBE and/or WBE venturer must submit a copy oftheir curent Letter of Certification.

Al Information Requested by this Schedule must Be Answered in the Spaces Provided, Do Not Refer to

Your Joint Venture Agreement Except to Expand on Answers Provided on this Form. Mf Additional Space Is
Required, Additional Sheets May Be Attached.

m,

vt

[Name of joint venture:
‘Address of joint venture:

Phone number of joint venture:
\dentify each non-MBEMWBE ventures)
Name of Firm:

Address:
Phone:
‘Contact person for matters concerning MBEWBE compliance:
Identify each MBEWBE venture(s

Name of Fim:

Address:
Phone:
Contact penn for matter: concerning MBE/WBE compliance:
Describe the role(s) of the MBE andlor WBE venturers) in the joint venture:

‘tach a copy ol the joint venture agreement. n order to demonsirate the MBE andor WBE
‘venturers share in the ownership, contol, management responsibilities, risks and profits of the joint
‘venture, the proposed joint venture agreement must include specific details related to: (1) the
contributions of capital and equipment; (2) work items to-be performed by the MBE/WBE's own
forces; (3) work items to be performed under the supervision ofthe MBE/WBE venturer; and (4) the
‘commitment of management, supervisory and operative personnel employed by the MBE/WBE to be
dedicated to the performance ofthe project.
‘Quwmnesship ofthe Joint Venture
‘A. What ae the percentage(s) of MBEAWBE ownership of the joint venture?

“MBEWEBE ownership percentage(s)

Non-MBEAWBE ownership percentages)

B. Specify MBEAWBE percentages for each ofthe following (provide narrative descriptions and other
detail as applicable)

1. Profit and loss sharing:

2. Capital contributions:
{a) Dollar amounts of inital contribution:

1) Dollar amounts of anticipated on-going contributions,

UNTITLED-101
vu.

Schedule B: Affidavit of Joint Venture (MBE/WBE)

3. Contributions of equipment (Specify types, quality and quantities of equipment tobe provided
by each venture

4. Other applicable ownership interests, including ownership options or other agreements which
restrictor limit ownership and/or controls

[5 Provide copies ofall written agreements between venturers concerning thi projec.

6. Identity each current City of Chicago contract (and each contract completed during the past two
(2) yeas by a joint venture of two or more firms participating in ths joint venture:

‘Control of and Participation inthe Joint Venture, Identify by name and firm those individuals who
ate, oF willbe, responsible for, and have the authority to engage in the fllowing management
functions and policy decisions. (Indicate any limitations to thei authority such as dollar limits and
cosignatory requirements):

‘A. Joint venture check signing:

8. Authority to enter contracts on behalf ofthe joint venture:

. Signing, co-signing and/or colateralizing loans:

1D. Acquistion of lines of redit:

‘Acquisition and indemnification of payment and performance bonds:

UNTITLED-102
Schedule B: Affidavit of Joint Venture (MBE/WBE)

FF Negotiating and signing labor agreements:

‘Management of contract performance. (entfy By rare and frm ony
1. Supervision of field operations

2 Major purchases:

3 Estimating:

Engineering.

Financial Contros of joint venture:
‘A. Which firm and/or individual will be responsible for keeping the books of account?

1B dentify the “managing partner,” Wany, and describe the means and measure Of thelr
compensation:

‘C. What authority does each venturer have to commit or obligate the other to insurance and
‘bonding companies, financing institutions, suppliers, subcontractors, and/or other parties
participating in the performance of this contract or the work of this project?

Sate the approximate number of operative personnel (by trade) needed to perform the joint
‘venture’s work under this contract. Indicate whether they will be employees of the non-MBE/WBE
firm, the MBE/WBE frm, or the joint venture,

UNTITLED-103
Schedule B: Affidavit of Joint Venture (MBE/WBE)

Tae Tonner en neowat | inven
we se po

{any personnel proposed for this project wil be employees ofthe joint venture:
‘A. Are any proposed joint venture employees currently employed by either venturert
‘Currently employed by non-MBEMWBE (number) Employed by MBEWBE _

8. Kdentify by name and firm the individual who will be responsible for hiring joint venture employees:

‘T Which ventures will be responsible for the preparation of joint venture payroll:

XL Please state any material facts of addtional information pertinent to the control and sructure ofthis
joint venture,

UNTITLED-104
Schedule B: Affidavit of Joint Venture (MBE/WBE)

‘The undersigned affirms thatthe foregoing statements are correct and inckude all material information
necessary to identify and explain the terms and operations of our joint venture and the intended
participation of each venturer in the undertaking. Further, the undersigned covenant and agree to provide
to the Gty current, complete and accurate information regarding actual join venture work and the payment
therefore, and any proposed changes in any provision of the joit venture agreement, and to permit the
audit and examination ofthe books, records and files ofthe joint venture, oF those of each venturer relevant
to the joint venture by authorized representatives ofthe ity or the Federal funding agency.

‘Any material misrepresentation wil be grounds for terminating any contract which may be awarded and for
Initating action under federal or tate laws concerning fase statements

‘Note: I, ater fling this Schedule 8 and before the completion on the joint venture’s work on the
‘project, there isany change in the information submited, the joint venture must inform the City of
‘Chicago, either directly or through the prime contractor if the joint venture is a subcontractor.

‘Name of MBEAWBE Partner Firm ‘Name of Non-MBEWBE Partner Firm
Signature of Affant Signature of Affant

Name and Tile of Affant Name and Title of Afiant

Date Dare

day of, 20 __, the above-signed officers

‘personally appeared and, known to me be the persons described in the foregoing Affidavit,
acknowledged that they executed the same in the capacity therein stated and for the
purpose therein contained.

IN WITNESS WHEREOF, | hereunto set my hand and official seal.
Signature of Notary Public

‘My Commission Expires:
EAL)

UNTITLED-105,
SCHEDULE D-1
‘Afidavit of MBEWBE Goal Implementation Plan
Project Name ; Professional Municipal
Tlinoks (ode Raviow Servicns Mediom to
State of Large/Oomplex Projects City-wide
County (Cty) of
| HEREBY DECLARE AND AFFIRM that lam duly authorized representative of

Shah Engineering, Inc.

cook

and that | have personally reviewed the material and facts set forth herein describing our proposed plan to achieve
the MBEAWEBE goals ofthis contrac.

‘All MBEABE firms included inthis plan have been certified as such by the City of Chicago (Letters of Certification
‘Attached.

1. MBE or WBE Prime ConsuitanttContractor. If prime consultant is a certified MBE or WE firm, atach copy
‘of City of Chicago Letter of Certification. (Certification ofthe prime consultant as a MBE satisfies the MBE
‘goal only. Certification ofthe prime consultant as a WBE satisfies the WBE goal only.)

1 MBEs and WEES Joint Venturer. prime consutant isa joint venture and one or more joint venture
partners are certfied MBEs or WBS, attach Copies of Letters of Certification and a copy of joint Venture
‘Agreement clearly describing the role of the MBE/WBE firms) and its ownership interes inthe joint venture.

IN, MBEAWBE Subconsukants. Complete for each MBEWBE subconsutantsubcontractorsupplier.

1. Name of mBe/wee:__Rheo Grow, P.-C.

8131 W, Catherine, Chicago, TL 60656

Adres:
Contact Person: ‘MSs Worthington Phone: 773-774-9489

Dollar Amount of Participation $_30+000-00

Percent Amount of Participation: _3-0_9 Maxima

2. Name of mae/wee:__F-C- Puri & Associates

53 W. Jackson, Ste. 1631, Chicago, TL 6060¢

Address:
Contact Person: | ‘MSs Elizabeth Purdy Phone; 312-408-1631

Dollar Amount of Paticipation $_15+000.00

Percent Amount of Participation; 1-5_% maximum

UNTITLED-106
SCHEDULE D-1
Name of MBEWBE:

Address:

‘Contact Person:

Dollar Amount of Participation 5

Percent Amount of Participation:

4, Name of MBEWBE

‘Address:

Contact Person:

Dollar Amount of Participation 5.
Percent Amount of Participation:

5, Name of MBEWBE:

Address:

Contact Person: Phone:

Dollar Amount of Participation
Percent Amount of Participation:

6. Name of MBEWBE:

Address:

Contact Person: Phone:

Dollar Amount of Participation
Percent Amount of Participation:
7. Name of MBEMWEE:

Address:

Contact Person’ Phone:

Dollar Amount of Participation

Percent Amount of Participation: *

UNTITLED-107,
SCHEDULE 0-1

8. Attach additional sheets as needed.

IV. Summary of MBE Proposal:

(MBE Firm Name Dollar Amount Percent Amount
of Parti of
Shah Engineering, Inc. $955,

ana
V, Sma of WE Rpt
WE Fim Nae bates Anca cert oun
peer priory
theo exp P< Ai seater
ee Lila Te kmaan
: 4
$. %
: *
ane Pa la en

‘To the best of my knowledge , information and belie, the facts and representations contained in this Schedule are
true, and no material facts have been omitted.

‘The contractor designates the following person as their MBE/WBE Liaison Officer:

Name Manu sha Phone Number:__312-836-9000
x 101
| do solemnly dectare and affirm under penalties of perjury that the contents ofthe foregoing document are true and
Correct, and that | am authorized, on behalt ofthe contractor, to affidavit.
——
a
State of _TLinois
‘County of conic
This instrument was acknowledged before me on __03/17/03_(date)

by__tamu shah name sof persond)
28 prnaident (ype ofathorty, eg, office, trustee, etc)

of ah Baginesciog, nc name of party on Beha of whom instrument
was executed

(QEFICIAL SEAL Vow fie
ILA SHAH ‘Signature of Notary Pub

UNTITLED-108
SCHEDULE C-1 -
Letter of Intent from MBE/WEE to Perform
as Subcontractor, Supplier and/or Consultant
Prof. Municipal Cie Review
Name of ProjecUContvact: Ser Merisum to Larger
Specification Number: 88 complex ro},

From; _BC Purdy & Associates —
Shah Engineering, Inc. and the City of Chicago:

To.

TTR RSE RST
The undersigned intends to perform work in connection with the above projects as a:

X_Sole Proprietor ——- Corporation
———Partnership _-—. Joint Venture

The MBEAWVBE statu ofthe undersigned is confinmed by the atached leer of Cetication fom the Cy of

Chicago effective date of 8? tember 234 2002 TUE: Dn 2009 fora period of

fone year
The undersigned is prepared to provide the following described services or supply the following described

goods in connection with the above named project/contract:
Merovide Architectural Code Review

The above described performance & offered forthe following price and described terms of payment:
Depends Upon Specific Re 205.

i more space is needed to fully describe the MBEAWBE firm's proposed scope of work and/or payment
schedule, attach additional sheets.

‘The undersigned will enter into a formal written agreement for the above work with you as a Prime
‘Contractor, conditioned upon your execution of a contract with the City of Chicago, and will doo within

SSowce working dys of reco Signed convact tom he Cy of Cage
Leh OK: a4

Lizabeth 2, Punty

312-Hor-1431

UNTITLED-109
(09/21/2003 TUE 28:19 PAX 312 $96 090 SHAN ENOINEERING, INC

D
RECEIVE: SCHEDULE C-1 -
war 1 2008 Letter of Intent from MBE/WBE to Perform
‘as Subcontractor, Supplier and/or Consultant
euan nomcene Me ‘Prof. mumicipal Cade Review

Name of Projector sax to Tage!
Spectcaton Nome 3558 P03

From: Riso Group, PC. MBE: Yes No
Sa WOE: Yes No
r Shah Pogireering, Inc. and the Cy of Chicago:
SS
‘The undersigned intends to perform work in connection with the above projects 282:
X__ Corporation
Partnership bint Vernure
‘The MBEAWBE sas ofthe J cptoed by the anaced let of Canitcaton tom the Cy of
Dienquteh dowel Beco Re root to ec 91223 fora period of

‘one yest,

‘The undersigned is prepared to provide the following described services or supply the folowing described
{ods in connection with the abowe named project/conerac:

Pride Punicipal Code Complianoe

The above described perfomance & fered fr the folowing price and decribed tems of payment:
his estimated that participation will be

more space is needed to fully describe the MBEWBE fm’s proposed scope of work and/oe payment
schedule, attach addtional sheets.

‘The undersigned wil ener nto formal writen apeement forthe above work with you a Prime
CCorracor, condkioned upon your execiion fa contract with te ly of Chicago, and wil do so within
Ghee woking days of eet of signed ea of Chicago.

ey L, Wo on, BE.

LTH 9489

UNTITLED-110
Gi of
chard Daley, Mayor
Pracrome Seis

Chi rene er

ya, en 403
{at hata

RECEIvr

MAR 1 2 2003
|Amy Worthington, President enn

ton ne me
[8131 West Catherine
[Chicago, Winols 60656

Certification Ertective: December 18, 2002
Certiication Expires: December 31, 2007
‘Annual Certificate Expires: December 31, 2003

[Dear Ms. Worthington:

|We are pleased to inform you that Rheo Group, P.C., has been cortifed as a WBE/DBE
ly the Gityof Chicago. This WEE/DBE certiication, which is valid for ve years must be
Ievaliated annually. Your firm's next annual vabdaton is required by December 31,
|2003. As a condition of continued certification during this five year period, you must fie 8
[No-Change Affidavit within 60 days of the date of expiration. Please note that you
|must include a copy of your most current Corporate Federal Tax Returns.
[Failure to file this Affidavit wil result in the termination of your certification. You
|must aiso notiy the Offce of Business Development of any changes In ownership or
Jcontrl of your fm or any other matters or facts ffecing your frm's eligtly for
(certification

[The City may commence actions to remove your fem'seligibilty t you fail to notiy us of
Jany changes of facts affecting your firm's certification or if your firm otherwise fais to
jcooperate with the City in any inquiry or investigation. Removal of eligibility procedures
Imay also be commenced if your firm is found to be involved in bidding or contractual

[Your firm's name will be listed in the City's Directory of Disadvantaged Business
Monty Business Enerises and Women Business Enteies in the
area(s)

Civil Engineering; Traffic Studies; Construction Management
four ferns participation on City contracts willbe credited only toward WBE/DBE goals in

i area(s) of specialty. While your participation on City contracts is not imited to your
credit toward WBE/DBE goals will be given only for work done inthe specialty

for your continued interest inthe City's Minority, Women and Dis
[rank youter your canrued interest inthe Citys Minry, tvantaged

UNTITLED-111
(Gy of Cheapo
ehard M Daley, Mayor

Departmen
Pecan Serves
Dd aoe
Chakri

ay Ha, Ron 0s
1a North Lae Sere
fai
bi 2ee2909cr1)

haptiees ysago ok

‘a
C4

Bi pages

[nearer

OCT 84 27
Eizabeth C. Purdy, Sole Propnetor
EC Purdy and Associates, “EO .
153 W. Jackson Boulevard, Suite 1631 LLP:
(Chscago, lino 60804

Re 2 ANNIVERSARY CERTIFICATION
CCertfeation Effective ‘September 23, 2002
Cortficaton Expres: ‘August 39, 2007
Annual AfpdavilCerticate Expres August 31, 2003

Dear Ms Purdy

Congratulations on yourcontinued eligibility for certiicaton asa DBE/MBEMWBE by the City
Of Chicago Re-valdation of EC Purdy and Associates’ ceriicaion 1s required by
‘August 34

‘Asa condition of continued certification during this ve year period, you must continue to fle
‘a No-Change Afficavit within 60 days ofthe date of expiation Please note that you must
Include a copy of your most current Corporate Federal Tax Returns. Failure to fle is
‘Atidavit wil result in the termination of your certifeabion

You must also notfy the Office of Business Development ofa In ownership oF
‘control of your fimo any other matters or facts affecting your's eigibity for cetcaon.

‘The Cty may commence actons to remove you fim'seligibity i you fall to natty us of any
‘changes in ownership, management or contol, or otherwise fal © cooperate wit the Cy
in any inquiry or investigation. Removal of ebgibity procedures may also be commenced it
{yout rm i found tbe involved in bidding oF contractual inegularties,

‘Your firm's name wil be listed the City's Directory of Disadvantaged Business Enterprises,
‘Minorty Business Enterprises and Women Business Enterprises Business Enterprises tne
specaly ares) of

Architecture; Interior Design and Space Planning
‘Your firm's patcipaton on City contracts willbe credited only toward DBE/MBEMWBE goals
In your area(s) of specialty. While your participation oa Cy contracts i not kmited to your
specialty, creit toward DBEIMBEMBE goais wil be given oniy for work doneinthe specialty
category

‘Thank you for your continued intarest i the Ciy's Minority, Women and Disadvantaged
Business Enterpnse Programs

Very tay yours,

‘ute booper
Diretior of 00

Letgva

UNTITLED-112
Manu Shah, President
Shah Engineering, Inc.
‘One IBM Plaza, Suite 3200
Chicago, llinois 60611

cote fe ANMIVERSARY CERTIFICATION
SETAE pe Soatdsn Etec tre 19,2008
~— Coan Enews Naren 3 3008
ae eee acts trie: MS See
er
cat pena Congratulations on your continued ity for efeatin asa DBEIMBE by
F eney Hee oret ‘the City of Chicago. Re-validation of Shah Engineering, Inc.'s certification is
G12) 7444900 ‘required by March 31, 2003,
oe es om
tevtrvamazanen | Aa condo of continued eteaton ding ti fe year prod, you must
Fompl see Otten of Booness Dewcepeert aon Gucgee tomer
weet aye lem ora cnermehenstcce stearono ens aean
pecan
The Cy may canoe stone emove yr Se ety you fal 2
RECEIVED notify us of any changes in ownership, management or control, or otherwise fail
Peeiperne wan he iy nny niyo eenipaon: Roovl 9 igety
MAR 2 2 2002 procedures may also be commenced if your firm is found to be involved in

Bidding or contractual irregulanties,

Your fr’s name wil be listed in the City’s Directory of Disadvantaged Business
Enterprises, Minority Business Enterprises and Women Business Enterprises in
the specialty area(s) of

Architectural and Engineering Services; Surveying; Construction
Management

‘Your firs participation on City contracts willbe credited only toward DBE/MBE
‘goals in your area(s) of specialty. While your participation on City contracts is
‘ot limited to your specialty, credit toward DBE/MBE goals wil be given only for
‘work done in the specialty category.

‘Thank you for your continued interest in the City's Minority, Women and
Disadvantaged Business Enterprise Programs.

tel

Lcledj

NEIGHBOR QDS

aad we

UNTITLED-113,
RECEIVE! D
FEB 2 0 2003

February 7, 2003 oun

SAS ecm on

ewtnatt

Peete Manu Shah, PresidenvCEO

Ded mio ‘Shah Engineering, Inc.

Oat Prere ‘One IGM Plaza, Suite 3200

cata ape Chicago, linois 60611

cee ta

(12) 744-4900 Dear Mr. Shah:

OE Sam

apie iis org On February 03, 2003, we received your application to the City of
‘Chicago for recertification as a Disadvantaged Business
Enterprise/Minority Business Enterprise and/or Women Business
Enterprise (DBE/MBE/WBE). Since your current certification does not
expire unt March 31, 2008, your fat mets obligation to apply for
Continued eligbilty before the expiration date. As a courtesy, this
letter extends your certification for 60 days from the date of
eplration.
Ifyou have any futher questions regarding the cortitcation status of
your fim please contact Mr. Leon Moore at (312)744-1108,
Sincerely,
Con Cine
eon Moore c
Assistant Director of Certification
LMlymj

“pe

UNTITLED-114
MBE/WBE UTILIZATION REPORT

Usitzaton Repor No. __ Specification No.
Conwact No.

Project Name:

staTeoR__
COUNTY (CIT OF:

tn connection withthe above-captioned contrat:
| MEREBY DECLARE AND AFFIRM that | am the

and duly authorized representative of

and thatthe following Minority and Women Business Enterprises have been contracted with, and have furnished, or are
furnishing and preparing materas for, and rendering services tated in the contact agreement.

The following Schedule accurately reflects the value of each MBEAVBE sub-agreement and the amounts of money paid to
each wo date

GOODSSERVICES AMOUNT OF AMOUNT PAIL
(MBEMVBE FIRM NAME ‘PROVIDED CONTRACT TO-DATE

s s

s s

s A

s A

s s

s s

s $

Total MBE:

UNTITLED-115,
(MBEAWBE UTILIZATION REPORT

|1do solemnly declare and affiem under the penalties of perjury thatthe contents of the foregoing
document are true and correct, and that ! am authorized, on behalf of the contractor, to make thi
affidavit.

Name of Contractor:
meter
Signature:
Name of Affant, |
Date:
State of
County (Ciy) of
This instrument was acknowledged before me on
(date)
by (oamels of person's)
as (type of authority, e.g, officer,
‘Tustee, ete)
of {narme of party on behalf of whom

instrument was executed)

‘Signature of Notary Public
(Seal

UNTITLED-116
Signature Page
SIGNED at Chicago, Illinois:
cITy oF: ai
‘Mayor

“hs cae we)
NO 7 3

‘Chief Procurement Officer

‘SHAH ENGINEERING, ING.
By. Mo is

Manu Shah, President
(President or Authorized Officer)

‘County of _cook

‘This instrament was acknowledged before me on3/11 /o{date) by

Manu shah
(aame's of person/s) as President (type of authority, eg., officer, trustee,
ete.) of Shah Engineering, Inc. (ame of party on bebalf of whom instrument was
executed)

OFFICIAL SEAL

(Giguature of Notary Public) j ILA SHAH

<_

evised (020707)

UNTITLED-117,