data/data_text/00000MD0.pdf.txt

“oe Contract Summary Sheet

Contract (PO) Number: 1381
Specification Number: 5228527024

Name of Contractor: PRODUCTION DYNAMICS OF
City Department: Strcets and Sanitation

Title of Contract: Photoclcti, Lighting Controls

‘Term of Contract: Start Date: 5/1/03
End Date: 4/30/06

Dollar Amount of Contract (or maximum compensation ifa Term Agreement) (DUR):
$175,760.00

Brief Description of Work: Photoelectric, Lighting Controls

Procurement Services Contact Person: PETER VITONE

‘Vendor Number: 700115
Submission Date:

May 01 2003
lope
“tee TARGET MARKET PROGRAM
BIDDING RESTRICTED TO CITY OF CHICAGO CERTIFIED
MINORITY BUSINESS ENTERPRISE{S) (MBE)
AND WOMEN BUSINESS ENTERPRISE(S) (WBE) FIRMS
WITH APPROPRIATE SPECIALITY AREA DESIGNATION

vennor no, 200115 contract no. 138

SPECIFICATION NO.: 82.28527-02A
for
PHOTOELECTRIC, LIGHTING CONTROLS

CONTRACT PERIOD: THIRTY-SIX (38) MONTHS FROM THE DATE OF CONTRACT
‘AWARD AND RELEASE

es

STARTING: THROUGH:

Required for use by
DEPARTMENT OF STREETS AND SANITATION
FUND: 02-61-100-3095-0965-0365
DRAWINGS: NONE

All Signatures to be sworn to before a Notary Public

“INFORMATION: PETER VITONE, HEAD PURCHASE CONTRACT ADMINISTRAT(
PHONE NO.: (312) 744-7688

Dyalénn

All bids are to be sealed and received no later than 11:00 a.m. on the day of
Bid Opening. All bids will be read publicly in the

BID AND BOND ROOM
ROOM 301, CITY HALL

("A

Issued by

‘THE DEPARTMENT OF PROCUREMENT SERVICES
CITY OF CHICAGO
ROOM 403, CITY HALL
121 NORTH LA SALLE STREET
‘CHICAGO, ILLINOIS 60602

RICHARD M. DALEY DAVID E. MALONE
MAYOR CHIEF PROCUREMENT OFFICER

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a Table of Contents

REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS 1
(GENERAL CONDITIONS 5
‘SPECIAL CONDITIONS 9
PERFORMANCE BOND 9
‘SUB-ORDERS 9
INVOICES 9
PAYMENT | 9
DELIVERY 9
BASIS OF AWARI 10
LOCAL BUSINESS PREFERENCE 0
CONFLICTS OF INTEREST "
‘TESTING AND SAMPLES : : n
CONTRACTOR'S INSURANCE "
QUANTITIES : ce co 3
INVENTORYEAD TIME, 13
GUARANTEE 3
DISCLOSURE OF OWNERSHIP : : : 4
CONTRACTOR CERTIFICATION : 4
GOVERNMENTAL ETHICS ORDINANCE 14
CHAPTER 2-56 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF INSPECTOR GENERAL 14
BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS 14
‘SECTION 2-82-80 OF THE MUNICIPAL CODE OF CHICAGO. 18
MACBRIDE PRINCIPLES ORDINANCE 6
DISCLOSURE OF RETAINED PARTIES - EXECUTIVE ORDER 97-1 : 16
‘COMPLIANCE WITH CHILD SUPPORT ORDERS ORDINANCE... : 6
CONTRACT EXTENSION OPTION 7
ACCEPTANCE 8
CONTRACT DOCUMENTS : 8
EARLY TERMINATION : : : an 18
LIVING WAGE ORDINANCE 218
NON-APPROPRIATION ir)
‘TARGET MARKET SPECIAL CONDITIONS . 20
‘SCHEDULE 8-2 . 25
‘TARGET MARKET/SCHEDULE C-2 30
SCHEDULED? ....... . . . Eo
‘TARGET MARKET UTILIZATION REPORT . 4
DETAILED SPECIFICATIONS, 7
‘SCOPE 7
EXCEPTIONS: : : : co at
PROPOSAL .... . . 2
EXCEPTIONS (EXPLAIN):
BID DATA

LOCATION OF FACILITY WHERE INVENTORY IS MAINTAINED:
ADDITIONAL INFORMATION:

EXCEPTIONS (EXPLAIN):

DISCLOSURE AFFIDAVIT FOR CONTRACTS AND CONCESSION
AGREEMENTS NOT INVOLVING FEDERAL FUNDS.

DISCLOSURE OF RETAINED PARTIES
TO BE EXECUTED BY A CORPORATION
TO BE EXECUTED BY A PARTNERSHIP ||
TO BE EXECUTED BY A SOLE PROPRIETOR
ACCEPTANCE :

INSURANCE CERTIFICATE OF COVERAGE

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REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS

CONTRACT FOR SUPPLY

Proposals will be received by the Chief Procurement
Officer of the City of Chicago in accordance with
Contract Documents as set forth herein,

1 BID DEPOSIT

‘Bid deposit shall be required for all competitive sealed
bidding for contracts when required in the legal
‘advertisement. Bid deposit shallbe abond provided by
‘surety company authorized to do business in the
‘State of tlinois, or the equivalent in cashier's check,
‘money order or certified check. All cerified checks
‘must be drawn on a bank doing business in the United
States, and shall be made payable to the order of the
City of Chicago. CASH IS NOT AN ACCEPTABLE
FORM OF BID DEPOSIT.

Bid deposits shall be in the amount shown in the
advertisement or as may be prescribed herein, but not
In excess of 10% of the bid. Where the amount of the
bid deposit shown in the advertisement should prove
t0_be more than 10% of the bid, then the bidder may
‘submit, in lieu of the foregoing, an amount equal to
10% of his bid. Compliance ‘with the provisions
herewith shall be determined in all cases by the Chief
Procurement Officer and his determination shail be
final

When the legal advertisement requires a deposit,
noncompliance requires thatthe bid be rejected unless
itis determined that the bid fails to comply in a non-
substantial manner with the deposit requirements

‘After bids are opened, deposits shallbe irevocable for
‘the period specified herein. If a bidder is permitted to
withdraw ts bid before award, no action shall be taken
‘against the bidder or the bid deposit.

I PREPARATION OF PROPOSAL

‘The bidder shall prepare its proposal on the attached
‘proposal forms. Unless otherwise stated, all biank
‘Spaces on the proposal page or pages, applicable to
the subject specification, must be correcty filed in
Either a unit price or a lump sum price, as the case
‘may be, must be stated for each and every item, either
typed in or written in ink, in figures, and, # required, in
words,

It bidder is a corporation, the President and Secretary
shall execute the bid and the Corporate seal shall be
affoced. In the event that this bid is executed by other
than the President, atach hereto a certified copy of

that section of Corporate By-Laws or other
‘authorization by the Corporation which permits the
person to execute the offer forthe corporation,

If bidder is a partnership, all partners shall execute
the bid, unless one partner has been authorized to
‘sign forthe partnership, in which case, evidence of
‘such authority satisfactory tothe Chief Procurement
Officer shall be submitted. If bidder is a sole
‘proprietorship, the sole proprietorship shall execute
the bid

‘A ‘Partnership’, “Joint Venture" or “Sole
Proprietorship" operating under an Assumed Name
‘must be registered with the linois county in which
located, as provided in 805 ILCS 405 (1992)

™, SUBMISSION OF PROPOSALS

Allprospective bidders shall submit sealed proposals.
with applicable bid deposit enclosed in envelopes
provided for that purpose in the DEPARTMENT OF
PROCUREMENT SERVICES, Room 301, City Hal,
and if proposals are submitted in envelopes other
than those so provided for this purpose, then the
sealed envelope submited by the prospective bidder
shall carry the following infomation on the face of
the envelope: bidder's name, address, subject
matter of proposal, advertised date of bid opening
and the hour designated for bid opening as shown,
(on the legal advertisement.

Where proposals are sent by mail to the Chiet
Procurement Officer, the bidders shall be
responsible for their delivery to the Chief
Procurement Otficer before the advertised date and
hour for the opening of bids. ifthe mail is delayed
beyond the date and hour set for the bid opening,
proposals thus delayed will not be accepted.

Proposals shallbe submitted with original signatures
in the space provided on the appropriate Proposal
Execution Page. Proposals not property signed shall,
be rejected

IV, WITHDRAWAL OF PROPOSALS

Bidders may withdraw their proposals at any time
Prior to the time specified in the advertisements the
‘losing time for the receipt of bids. However, no
bidder shail withdraw or cancel his proposal for @
period of sixty (60) calendar days after said
advertised closing time for the receipt of proposals,
‘nor shall the successful bidder withdraw or cancel or
‘modify his proposal after having been notified by the

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 1 of 62
REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS

Chief Procurement Officer that said proposal has been.
‘accepted by the City. The City reserves the right to
withnold and deposit, as liquidated damages and not
‘a penalty, the bid deposit of any bidder requesting
withdrawal, cancellation or modification ofits proposal
prior to the stated period for acceptance of proposal

‘Where this contract shall be approved by another
agency, such as the Federal Government or State of
inois, then the bidder shall not withdraw or cancel or

‘modify his proposal fora period of ninety (90) calendar

days after said advertised closing time for the receipt

of proposals.

V. COMPETENCY OF BIDDER

‘The Chief Procurement Officer reserves the right to
Tefuse to award a contract to any person, firm or
Corporation that isin arears or sin defauit tothe City
‘of Chicago upon any debt or contract, or that is a
defaulter, as surety of otherwise, upon any obligation
to said City, or had failed to perform faithfully any
previous contract with the City.

‘The bidder, if requested, must present within a
reasonable time, as determined by the Chief
Procurement Officer, evidence satisfactory o the Chief
Procurement Officer of performance ability and
possession of necessary facilities, pecuniary
resources and adequate insurance to comply with the
terms of these specications and contract documents,
VL. CONSIDERATION OF PROPOSALS.

‘The Chief Procurement Officer shall represent and act
for the City in all matters pertaining to ths proposal
‘and contract in conjunction therewith. The Chief
Procurement Officer reserves the right to reject any or
all proposals and to disregard any informality in the
bids and bidding, when in his opinion the best interest
Of the City wil be served by such action,

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

Vi ACCEPTANCE OF PROPOSALS

‘The Chiet Procurement Officer wil accept in writing
Cone of the proposals or eject all proposals, within sixty
(€0) calendar days, or within ninety 80) calendar days
‘where approval by other agencies is required, from the
date of opening of bids, unless the lowest responsibie
bidder, upon request of the City, extends the time of
acceptance tothe City.

Vil PERFORMANCE BOND

When required by the Chiet Procurement Otficer, the
successful bidder or bidders shall, within seven (7)
calendar days of receipt of notice from the City
fumish a performance bond in the full amount ofthe
‘contract on Form P.W.0. 62, a specimen of which is
‘bound herein. Receipt of written notice from the City
to fumish a bond constitutes tentative notice of
pending award and proposal acceptance. Release of
the contract shall be withheld pending receipt and
approval of a satisfactory bond, Attention is called
to the provisions of Section 5/6-10-13 of the ilinois
Municipal Code and tothe provisions of Chapter 7-4
of the Municipal Code of Chicago.

1X FAILURE TO FURNISH BOND

In the event that the bidder falls to fumish the
Performance bond in said period of seven (7)
‘calendar days, then the bid deposit of the bidder
‘shall be retained by the City as liquidated damages
‘and not as a penalty

X DISCLOSURES

‘The apparent low bidder will be required to execute
‘and notarize the disclosure required by Executive
‘Order 97-1 no later than 7 calendar days after
notification by the City of Chicago unless a longer
time is granted by the Chief Procurement Officer. A
copy of the disciosure required by Executive Order
97-1 is attached to the Specification. Refusal to
‘execute and notarize such disclosure will result in
the Chief Procurement Officer deciaring the bidder
non-fesponsible and the City retaining the bid
deposit. Moreover, if a bidder is deemed non-
responsible under this provision, the bidder's status
{a5 a non-esponsible bidder ‘may apply to the
bidder's subsequent bids.

XL INTERPRETATION OF CONTRACT
DOCUMENTS

Wany person contemplating submitting a proposals,
in doubt as to the true meaning of any part of the
‘specifications or other contract documents, a written:
request for an interpretation thereof, ‘may be
‘submitted to the Chief Procurement Officer. The
person submitting the request willbe responsible for
Its prompt delivery. Any interpretation of the
proposed documents will be made only by an
‘addendum duly issued by the Chief Procurement
Officer. A copy of such addendum will be faxed

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 2 of 62

e

REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS,

electronically mailed, mailed or delivered to each
person receiving a set of such contract documents and
to such other prospective bidders as shall have
requested that they be furnished with a copy of each
addendum. Failure on the part of the prospective
bidder to receive a written interpretation prior to the
time of the opening of bids will not be grounds for
‘withdrawal of proposal, Bidder will acknowledge
receipt of each addendumissued in space provided on
proposal page. Oral explanations wil not be binding,

Xi CATALOGS

Each bidder shall submit, where necessary, or when

requested by the Chief Procurement Officer, catalogs,

descriptive literature, and detailed drawings, fully

detailing features, designs, construction,

‘appointments, finishes and the like not covered in the

specifications, necessary to fully describe the material
to fumish,

In cases where an item is identified by 2
‘manufacturer’ sname, trade name, catalog number, of
reference, itis understood thatthe bidder proposes to
furnish the tem so identified and does not propose to
fumish an “equaf" unless the proposed “equal” is
definitely indicated therein by the bidder.

Reference to a specific manufacturer, trade name or
Catalog is intended to be descriptive but not restrictive
‘and only to indicate to the prospective bidder articles
that wil be satisfactory. Bids on other makes and
catalogs will be considered, provided each bidder
Cleary states on the face of the proposal exactly what
it proposes to furnish, or forwards with the bid, a cut,
illustration, or other descriptive matter which will clearly
indicate the character ofthe article covered by the bid.
‘The Chief Procurement Officer hereby reserves the
fight to approve as an equal, orto reject as not being
‘an equal, any article the bidder proposes to furnish
which contains major or minor variations from
‘specification requirements but which may comply
substantially therewith,

XIV, RETURN OF BID DEPOSIT

‘The bid deposit of all except the two lowest bidders on
teach contract will be retumed shortly after the bid
opening,

‘The Chiet Procurement Otficer reserves the right to
hold all bid deposits, ifthe intent is to award multiple
‘contracts for @ requirement andlor ifthe two lowest

responsible bidders can not be readily determined
based on prico until all proposals have been
evaluated

‘The remaining bid deposits on each contract wil be
rotumed with the exception of the accepted bidder,
after the Chief Procurement Officer has awarded the
contract. The bid deposit ofthe accepted bidder wil
be returned after the contract and a satisfactory
performance bond has been approved, where such
bond is required.

XV. TAXES

Federal Excise Tax does not apply to materials
Purchased by the City of Chicago by vitue of
Exemption Certificate No, 36-6005820 and State of
llinois Sales Tax does not apply by vitue of
Exemption No. E9998-1874-04, illinois Retailers’
Occupation Tax, Use Tax, and Municipal Retailers’
Occupation Tax do not apply to materials or services
purchased by the City of Chicago by virue of
Statute.

‘The price or prices quoted herein shall include al
‘other Federal andlor State, direct andlor indirect
taxes which apply.

‘The prices quoted herein shail agree wih all Federal
laws and regulations.

XV. ORDER OF PRECEDENCE OF
COMPONENT CONTRACT PARTS

‘The order of precedence of the component contract
parts shall be as folows:

A. General Consitions
‘Addenda if any,

Department Special Provisions
Plans or City Drawings.
Detailed Speciications.

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

Advertisement for proposals (copy of
‘advertisemantto be attached to back of cover),

H. Requirements for Bidding and Instructions to
Bidders.

L Performance Bond. f required.

‘The foregoing order of precedence shall govern the
interpretation of the contractin all cases of conflict or

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9

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 3 of 62
REQUIREMENTS FOR BIDDING AND INSTRUCTIONS TO BIDDERS .

Inconsistency therein, except as may be otherwise
‘expressiy provided by the City.

XVIL NOTICES

[All communications and notices herein provided for
shall be faxed, delivered personally, electronically
mailed, or mailed first class, postage prepaid, to the

Contractor by name and address listed on the
‘proposal hereof to the Commissioner of the using
‘department by name and address listed on the cover
hereof, and to the Chief Procurement Officer, Room
403, City Hall, 121 N. La Salle Street, Chicago,
inois 60602,

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 4 of 62

NON-DISCRIMINATION
‘A. Federal Requirements

It shall be an unlawful employment practice for the
Contractor (1) to fall or refuse to hire or to discharge
‘any individual, or otherwise to discriminate against any
individual with respect to his compensation, or the
terms, conditions, or privieges of his employment,
because of such individuals race, color, religion, sex,
‘age, handicap or national origin; or (2) to ‘imi,
segregate, or classify his employees or applicants for
femploymentin any way which would deprive or tend to
deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee,
because of such individual's race, color, religion, sex,
‘age, handicap or national origin.

Contractor shall comply with The Civil Rights Act of
1964, 42 U.S.C. sec. 2000 et seq. (1968),
‘amended. Attention is called to: Exec. Order No.
11,248, 90 Fed. Reg. 12,919 (1965), reprinted in 42
S.C, 2000(e) note, as amended by Exec. Order No.
11,378, 32 Fed. Reg. 14,303 (1967) and by Exec.
Order No. 12,086, 43 Fed. Reg. 46,501 (1978); Age
Discrimination Act, 42 U.S.C. sec, 6101-8108 (1988);
Rehabiitation Act of 1973, 29 U.S.C. sec. 793-734
(1988); Americans with Disabliies Act, 42 U.S.C. sec.
12102 et, seq. and 41 CFR, Part 60 et sea. (1980),

5. State Requirements

Contractor shall comply with the ilinois Human Rights
‘Act, 775 ILCS 5/1 - 101 et seq. (1992), a8 amended
‘and any rules and regulatons promulgated in
‘accordance therewith, including, but not limited to the
Equal Employment Opportunity Clause, 5 il. Admin,
Code § 750 Appendix. Furthermore, the Contractor
shall comply with the Public Works Employment
Discrimination Act, 775 ILCS 10/0.01 et sea, (1982),
‘as amended.

©. City Requirements

Contractor shall comply with the Chicago Human
Rights Ordinance, ch.2-160, section2-160-010 et seq,
fof the Chicago Municipal Code (1990), as amended,
Further, Contractor shall fumish or shall cause each of
its subcontractor(s) to fumish such reports and
information as requested by the Chicago Commission

2 GENERAL CONDITIONS

‘on Human Relations
D. Subcontractors:

Contractor agrees that allo the above provisions.
(A), (8) and (C) , will be incorporated in all
agreements entered into with any suppliers of
‘materials, furishers of services, subcontractors of
any tier, and labor organizations which furnish
skiled, unsklled and craft union skiled labor, or
which may provide any such materials, labor or
‘services in connection with this Contract.

2. INDEMNITY

Contractor shall indemnify, keep and save
harmless the City, its agents, officials and
‘employees, against all injuries, deaths, loss,
damages, claims, patent claims, suits, liabilities,
judgments, costs and expenses, which may in any
way accrue against the City in consequence of the
‘granting ofthis contract or which may in any way
result therefrom, whether or not t shall be alleged
(f determined that the act was caused through
negligence or omission of the Contractor or its
‘employees, of the subcontractor or its employees,
if any, and the Contractor shall, at its own
expense, appear, defend and pay all charges of
attomeys and al costs and other expenses arising
therefrom or incurred in connection therewith, and,
if any judgment shail be rendered against the City
in any such action, the Contractor shall, atts own
‘expense, salisy and discharge the same
Contractor expressly understands and agrees that
any performance bond or insurance protection
required by this contract, or otherwise provided by
Contractor, shall in no way limit the responsibilty to
indemnity, keep and save harmiess and defend
the City as herein provided.

To the extent permissible by law, the Contractor
‘waives any limits on the Contractor’ liability that it
‘would otherwise have by vitue of the Worker's
Compensation Act or any other related law or
judicial decision (such as Koteck’ v. Cyclops
Welding Corporation, 146 Ml. 2d 155 (1991). The
City, however, does not waive any limitations it
may have on its liablity under the Worker's
‘Compensation Act, the ilinois Pension Code or
any other statu.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 5 of 62
GENERAL CONDITIONS

3. PREVAILING WAGE ACT

‘The Contractor shall comply with “AN ACT regulating
‘wages of laborers, mechanics, and other workers
‘empioyed in any public works by the State, county, city
‘oF any public body or any politcal subdivision or by
anyone under contract for public works.” Attention is
called to Chapter 48, Par.395, li Rev Stats. 1989,

Itis the policy of the State of ilinos that a wage of no
less than the general prevailing hourly rate as paid for
‘work of a similar character in the locality in which the
‘work is performed, shall be paid to all laborers,
‘workers and mechanics employed by or on behalf of
‘any and all public bodies engaged in public works.

The term “general prevalling hourly rate’, when used
in this Act means the hourly cash wages plus fringe
benefits for health and welfare, insurance, vacations
‘and pensions paid generally. inthe locality in which the
‘work is being performed, to employees engaged in
‘work ofa similar character on public works.

It the Department of Labor revises the general
prevaling hourly rate to be paid by the public body, the
revised rate shall apply o such contract.

4, SUBLETTING OR ASSIGNMENT OF
CONTRACT OR CONTRACT FUNDS,

No contract shall be assigned or any part of the same
sub-contracted without the written consent ofthe Chief
Procurement Officer; butin no case shall such consent
relieve the Contractor from his obligations, or change
the terms of the contract.

‘The Contractor shall not transfer or assign any
‘contract funds or claims due or to become due without
‘the written approval ofthe Chief Procurement Officer
having frst been obtained.

The transfer or assignment of any contractfunds either
in whole or in par, or any interest therein, which shall
bbe due orto become due to the contractor, shall cause
the annuiment of said transfer or assignment so far as
the City is concemed.

5. GUARANTEES & WARRANTEES:

All guarantees and warrantees required shall be

furnished by the Contractor and shall be delivered
to the Chief Procurement Officer before final
voucher on the contract is issued.

6 DELIVERY

All materials shipped to the City of Chicago must
bbe shipped F.0.B., designated location, Chicago,
Ilincis. I deivery is made by truck, arrangements
‘must be made in advance by the Contractor in
‘order thatthe City may arrange for receipt of the
materials. The material must then be delivered
where directed

Truck deliveries wil be accepted before 4:00 P.M.
‘on week-days only. No deliveries will be accepted
(on Saturdays, Sundays or Holidays

‘The quantity of material delivered by truck shall be
ascertained from a weight certificate issued by 2
duly licensed Chicago Public Weigh-Master. Inthe
case of delivery by ail, weight willbe ascertained
{rom bill of lading from erginating line, but the City
reserves the right to re-weigh at the nearest
avaliable railroad scale,

7. DEMURRAGE AND RE-SPOTTING

The City willbe responsible for demurrage charges
conly when such charges accrue because of the
City's negligence in unloading the material

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

8 MATERIALS
RESPONSIBILITY

INSPECTION AND

‘The City, by its Chief Procurement Officer, shail
have a right to inspect any material to be used in
carrying out this contract.

The City does not assume any responsiblity for
the availabilty of any controled materials or other
materials and equipment required under this
contract

The Contractor shall be responsible for the
contracted quality and standards of all materials,
components or completed work fumished under
this contract up to the time of final acceptance by

‘Specification: 62-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 6 of 62

: GENERAL CONDITIONS

the City.

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

‘Any materials or components rejected shall be
removed-within a reasonable time from the premises
ff the City at the entire expense of the Contractor,
‘after written notice has been mailed by the City to the
Contractor that such materials or components have
been rejected

8. INSURANCE

‘The Contractor agrees to keep in force during the life
Of this contract such insurance policies as may be
indicated in the SPECIAL CONDITIONS of this
contract. Contractor further agrees to fumish
Certificates of any oF all insurance policies listing the
(City as an additional insured upon request by he Chief
Procurement Otticer.

10. PAYMENT

Payment to Contractor shall be as specified in the
‘Special Conditions ofthis contract.

11, CASH BILLING DISCOUNT

‘Any cash piling discounts offered will not be
‘considered in the evaluation of bids unless requested
in the Special Conditions to be included in the
proposal. If so requested, cash billing discount for
Payment of invoices in thity (30) days or more wall be
Consideredin evaluating bids. Shorter discount periods
will not be considered in evaluating bids.

12, PRICE REDUCTION

It at any time after the date of the bid or offer the
Contractor makes general price reduction in the
comparable price of any material covered by the
‘contract to customers generally, an equivalent price
reducton based on similar quantties and/or
‘considerations shall apply to the contract for the
duration of the contract period (or unti the price is
further reduced). Such price reduction shall be
‘effective atthe same time and in the same manner as
‘the reduction in the price to customers generally. For

Purpose of this provision, a “general price
‘eduction’ shall mean any horizontal reduction in
the price of an article or service offered (1) to
Contractor's customers generally, oF (2) in the
Contractor's price schédule for’ the class of
Customers, i.e., wholesalers, jobbers, retailers,
‘tc, which was used as the basis for bidding on
this contract. An occasional sale at a lower pric

“general price
Teducion* under this provision. The Contractor
shal invoice the ordering offices at such reduced
pricas indicating on the invoice that the reduction
Is pursuant to the "Price Reduction” provision of
the contract documents. The Contractor. in
cation, shal within ten days of any general pice
reduction not the Chiet Procurement Officer of
the City of Chicago of such reduction by let.
Failure to do so’ may require termination of the
‘contract. Upon receipt of any such notice of a
‘general price reduction all ordering offices will be
‘uly noted by the Chief Procurement Officer.

‘The Contractor shall furnish, within ten days after
the end of the contract period, @ statement
certtying either:

(1) that no general price reduction, as defined
above, was made after the date of the bid or
offer; oF

@) if any such general price reductions wore
made, that as provided above, they were
reported to the Chief Procurement Officer
within ten days, and ordering offices were
billed at the reduced prices,

Where one or more such general price reductions

were made, the statement furnished by the

Contractor shall include with respect to each price

reduction:

(1) the date when notice of any such reduction
was issued;

(2) the effective date of the reduction; and

(9) the date when the Chief Procurement Officer
‘was noted of any such reduction,

13. DEFAULT

‘Specification: 82-28627-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 7 of 62
A

The City may, subject to the provisions of
paragraph (c) below, by writen notice of default
tothe Contractor, terminate the whole or any part
of this contract in eny one of the following
circumstances’

{ifthe Contractor falls to make delivery of the
‘supplies or to perform the services within the
time specified herein or any extension thereof: or

(lif the contractor falls to perform any of the
‘other provisions of this contract, or so fails to
‘make progress as to endanger performance of
this contract in accordance with its terms, and in
either of these two circumstances does not cure
such failure within a period of 10 days (or such
other period as the Chief Procurement Officer
‘may authorize in wriing) after receipt of notice
from the Chief Procurement Otficer specitying
‘such failure,

In the event the City terminates this contract in
“whole or in part as provided in paragraph (a) of
this clause, the City may procure, upon such
terms and in such manner as the Chief
Procurement Officer may deem appropriate,
supplies or services similar to those so
terminated, and the Contractor shall be lable to
the City for any excess costs for such similar
supplies or service: Provided, that the
Contractor shali continue the performance ofthis
to the extent not terminated under the provisions
of this cause

‘The Contractor shall nt be liable for any excess
of costs if acceptable evidence has been
submitted to the Chief Procurement Officer the
failure to perform the contract was due to causes
‘beyond the control and without the fault or
Negligence of the Contractor.

14, DISPUTES

Except as otherwise provided in this contract, any
dispute conceming a question of fact arising under this
‘contract which isnot disposed of shallbe decided after
hearing by the Chief Procurement Officer, who shall
reduce his decision to wring and mail or otherwise
fumish a copy thereof to the Contractor. The

de c¢ i s i to ‘a
of the Chiet Procurement Officer shal bé final sng
binding,

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

‘Contractor, in performing under this contract
shall comply withthe Municipal Code of Chicago,
Section 2-92-320, as follows:

No person or business entity shall be awarded a
‘contract or sub-contract if that person or
Dusiness entity: (a) has been convicted of
bribery or attempting to bribe a public officer or
‘employee of the City of Chicago, the State of
linois, or any agency of the federal government
‘oF of any state or local goverment in the United

in that officer's or employee's oficial
‘capacity: or (b) has been convicted of agreement
‘or collusion among bidders or prospective
bidders in restraint of freedom of competion by
agreement to bid a fixed price, or otherwise: or
(€) has made an admission of quit of such
‘conduct described in (a) oF (2) above which is
‘matter of record but has not been prosecuted for
‘such conduct.

For purposes ofthis section, where an official
‘agent or employee of a business entity has
‘committed any offense under this section on
bbehaif of such an entity and pursuant to the
direction or authorization of a responsible official
thereof, the business entity shall be chargeable
with the conduct. One business entity shall be
chargeable with the conduct of an affliated
agency.

Inetigibilty under this section shall continue for
three years folowing such conviction or
admission. The period of ineligibility may be
reduced, suspended, or waived by the Chief
Procurement Officer under certain specific
‘circumstances. Reference is made to Section 2-
192-320 for a definition of “afiiated agency’, and
‘a detailed description of the conditions which
‘would permit the Chief Procurement Ortficer to
reduce, suspend, or waive the period of
ineligbitty.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 8 of 62

‘SPECIAL CONDITIONS

PERFORMANCE BOND
No Bond Required.
‘SUB-ORDERS.

Requests for Photoelectric, Lighting Controls in the form of sub-orders will be issued by the Department of
‘Streets and Sanitation and sent to the Contractor to be applied against the contract. Suborders wil indicate
{quantities ordered for each line item, unittotal cost, shipping address, delivery date, fund chargeable
Information, and other pertinent instructions regarding delivery.

INVOICES

Original invoices must be forwarded by the Contractor to the Department of Streets and Sanitation, Bureau of
Biectrcity, 2451 S. Ashland Avenue, Chicago, IL 60808, Atin: Joe Gil to apply against the contract, Invoices
‘must be submitted in accordance with the mutually agreed upon time period with the Department of Streets
‘and Sanitation,

Allinvoices must be signed, dated and reference the City contract number. if a Contractor has more than one
Contract withthe City, separate invoices must be prepared for each contract in lieu of combining items from
ifferent contracts under the same invoice, invoice quantities, Photo Electric Controls descriptions, units of
‘measure, and pricing information must correspond tothe items quoted on the Proposal Page.

Invoices for overshipments or items with priceAwage escalations will be rejected unless the contract includes a
provision for such an adjustment by contract modification. Freight, handling and shipping costs are not to be
invoiced. As stated in the Requirements for Bidding and Instructions to Bidders section, the City of Chicago
| exempt from paying State of llinois sales tax and federal excise taxes on purchases.

PAYMENT
‘The City wil process payment within sity (60) calendar days after receipt of invoices completed in
‘accordance with the terms herein, and all supporting documentation necessary forthe City to verify the Photo
Electric Controls supplied under this contract.

‘The City wil not be obligated to pay for any Photo Electric Controls delivered which were non-compliant with
the terms and conditions of these specifications, Any items which fall tests and/or inspections are subject to
‘exchange or replacement atthe cost of the Contractor.

DELIVERY

Deliveries will be made F.0.B., City of Chicago, Department of Streets and Sanitation, Bureau of Electricity,
2451 S. Ashland Avenue, Chicago, IL 60608 between the hours of 8:00 am. to 4:00 p.m., Monday thru
Friday, excluding Saturday, Sunday and any legal holidays. The Contractor must contact Joe Gil at 312-744-
‘4411 at least twenty-four (24) hours prior to any delivery.

‘The City reserves the right to add, change or delete locations as required during the contract period.

Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 9 of 62
‘SPECIAL CONDITIONS
BASIS OF AWARD

‘A contract will be awarded on the basis of the lowest Total Bid Price proposed by a responsive ang
responsible bidder meeting the terms and conditions of the specification document.

‘The Chief Procurement Officer reserves the right to award a contract or reject any or all bids when, in his
‘opinion, the best interest ofthe City willbe served thereby.

LOCAL BUSINESS PREFERENCE

‘The Chief Procurement Officer will accept the lowest bid price or lowest evaluated bid price from a responsive
and responsible local business, provided thatthe bid does not exceed the lowest bid price or lowest
{evaluated bid price from a responsive and responsible non-local business by more than two percent (2%)

‘A local business (Local Business") is a business located within the corporate limits of the City, which has the
‘majority ofits regular, fulltime work force located within the City, and is subject to City of Chicago taxes.

Where all partners to a joint venture are Local Businesses, the joint venture willbe deemed tobe @ Local
Businoss, ‘Where not all partners to a jint venture are Local Businesses, such joint venture will be
considered a Local Business only i Local Businesses hold at least a fity percent (50%) interest in the
venture. Local Businesses havea fifty percent (50%) interest in the joint venture ony if the Local Business
partners in the venture hold subcontracts equal oft percent (50%) oF more ofthe amount of the bid. Joint
‘Venture bidders must submit information and documentation (including, But not imited to the joint venture
agreement and subcontracts) with their bids to establish the eligi for the Local Business Preference. A
joint venture bidder which falls to submit such information wil not be entitled tothe Local Business
Preference

‘The Chief Procurement Officer's determination of a bidder's eligibilty for the Local Business Preference will
be final

PRICE ESCALATION

Price escalation will be considered by the Chief Procurement Officer when the Contractor can show cause
substantiating the need for an increase, The Contractor willbe required to furnish a certified statement or
atfidavit which states thatthe increase represents the costs for materials only and in no way represents an
Increase for his profits, labor or other overhead. The Contractor must justty his request for an increase by
‘submitting evidence from the manufacturer which details the pricing changes, the effective date for the

‘change and any other information requested by the Chief Procurement Officer to verty the price change.

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

‘Any Photo Electric Controls delivered by the Contractor at the new price, without a properly executed contract
‘modification signed by the Chief Procurement Officer, is made at the contractor's risk. Consequently, in the
‘event that such modification is not executed by the City, the Contractor hereby releases the City from any
liability whatsoever to pay for delivered items at the new price prior to the Contractor’ receipt of the fully
signed modification.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 10 of 62

: ‘SPECIAL CONDITIONS.

‘The Chief Procurement Officer reserves the right to seek competitive pricing information on said item(s) from
‘other suppliers and to procure such item(s) in a manner which serves the best interest ofthe City,

Prices are not subject to change for the intial thirty-six (36) months of the contract period. A minimum period
of twelve (12) months must elapse between escalation requests.

CONFLICTS OF INTEREST

[No member of the governing body ofthe City of Chicago or other unt of government and no other officer,
‘employee or agent of the City of Chicago or other unit of government who exercises any functions or
responsibilities in connection with the carrying out ofthe project will have any personal interests, direct or
indirect, in the contract.

‘The Contractor covenants that he presently has no interest and will not acquire any interest, director indirect,
Inthe project to which the contract pertains which would conflict in any manner or degree with the
performance of its work hereunder. The Contractor further covenants that ins performance of the contract
no person having any such interest willbe employed.

‘TESTING AND SAMPLES:

In order to determine that the proposed Photoelectric, Lighting Controls conform to this specification, the City
reserves the right to test and/or inspect Contractor's produ.

For bid evaluation purposes, the bidder must furnish and deliver, upon request by the Chief Procurement
Officer, one (1) sample of the proposed Photo Electric Controls within fourteen (14) business days from the
receipt of notice. The sample will be delivered F.O.B., City of Chicago, Department of Streets and Sanitation,
Bureau of Electricity, 2451 S. Ashland Avenue, Chicago, IL 60608, Attn: Joe Gil Al samples must be tagged
or labeled with the company name, address and City specification number. Failure to fumish said samples
within this ime period may be cause for rejection of the bid for being non-responsive to this requirement.

‘The City wil not be liable for the condition of the sample, ifthe bidder requests retum of the sample. The cost
to furnish and deliver the sampie(s) will be borne by the bidder.

(Other tests and measurements may also be performed, as determined by the City
CONTRACTOR'S INSURANCE

‘The Contractor must provide and maintain at the Contractor's own expense, until contract completion and
<during the time period following final completion if Contractor is required to return and perform any additional
work, the insurance coverages and requirements specified below, insuring all operations related to the
contract

1) Workers Compensation and Employers Liablity

Workers Compensation and Employers Liability insurance, as prescribed by applicable law covering all
employees who are to provide a service under this Contract and Employers lablity coverage with imits of not
less than $100,000 each accident or ilies,

2) Commercial Liaitty (Primary and Umbrella)

Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 11 of 62
‘SPECIAL CONDITIONS

Commercial Liability Insurance or equivalent wit limits of not less than $1,000,000 per occurrence, for bodily
injury, personal inury, and property damage liability. Coverages will include the following: All premises and
‘operations, products/completed operations, separation of insureds, defense, and contractual labiliy (with no
limitation endorsement). The City of Chicago is to be named as an additional insured on a primary,
‘non-contributory basis for any libilty arising directy or indirectly from the work or services.

3) Automobile Liabiity (Primary and Umibretia)

When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed,
the Contractor will provide Comprehensive Automobile Liabilty Insurance with limits of not less than
$1,000,000 per occurrence for bodily injury and property damage.

ADDITIONAL REQUIREMENTS

‘The Contractor must fumish the City of Chicago, Department of Procurement Services, City Hall, Room 403,
121 North LaSalle Street, Chicago, Ilinois 60802, orginal Certificates of Insurance evidencing the required
coverage to be in force on the date of this Contract, and Renewal Certificates of Insurance, or such similar
evidence, if the coverages have an expiration or renewal date occurring during the term ofthis Contract. The
Contractor must submit evidence of insurance on the City of Chicago insurance Certificate Form (copy
attached) of equivalent prior to Contract award. The receipt of any certificate does not constitute agreement
by the City that the insurance requirements in the Contract have been fully met or that the insurance policies
indicated on the certificate are in compliance with all Contract requirements. The failure ofthe City to obtain
cortficates or other insurance evidence from Contractor will not be deemed to be a waiver by the City, The
Contractor must advise all insurers of the Contract provisions regarding insurance. Non-conforming
insurance will not relieve Contractor of the obligation to provide insurance as specified herein. Nonfulfilment
of the insurance conditions will constitute a violation of the Contract, and the City retains the right to terminate
Contract unti proper evidence of insurance is provided.

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

Any and all deductibles or self-insured retentions on referenced insurance coverages will be bore by
Contractors.

‘The Contractor agrees that insurers will waive thelr rights of subrogation against the City of Chicago, its
‘employees, elected officials, agents, or representatives,

‘The Contractor expressly understands and agrees that any coverages and limits fumished by Contractor wil
inno way limit the Contractor's abilities and responsibiies specified within the Contract documents or by
law.

‘The Contractor expressly understands and agrees that any insurance or self insurance programs maintained
by the City of Chicago will apply in excess of and not contribute with insurance provided by the Contractor
Under the Contract.

‘The required insurance to be carried wil not be limited by any limitations expressed in the indemnification
language herein or any limitation placed on the indemnity therein given as a matter of aw.

‘The Contractor must require all subcontractors to provide the insurance required herein or Contractor must

provide the coverages for subcontractors. All subcontractors will be subject to the same insurance
requirements of Contractor untess otherwise specified herein.

Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 12 of 62

®
oo SPECWL. CONDITIONS

It Contractor, or subcontractors desire additional coverages, the contractor and each subcontractor, will be
responsible for the acquisition and cost of such additonal protection,

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

QUANTITIES

‘Any quantities shown on the Proposal Page are estimated only for bid canvassing purposes. The City
reserves the right to increase or decrease quantities ordered under this contract. Nothing herein will be
construed as an intent onthe part of the Ci to purchase any Photo Electic Controls other than those
determined by the Department of Streets and Sanitation to be necessary to meet their curent needs,

‘The City will be obligated to order and pay for only such quantities as are from time to te ordered, delivered
‘and accepted on sub-orders issued directly by the Department of Streets and Sanitation.

INVENTORYILEAD TIME

‘The Contractor must maintain an inventory of sufficient diversity and quantity as to ensure the approximate
eight (8) week delivery of any Photo Electric Controls listed in the Proposal, which is ordered by the City from
stock within five (5) business days after receipt of a Cty department's order. In lieu of the inventory, the
Contractor must be able to arrange such prompt delivery

Repeated failures of the Contractor to meet the above stated delivery requirements will be used by the City
{as grounds for the termination of this contract, and may further affect the Contractor's eligibility for future
contract awards.

‘The Contractor's compliance with these requirements will be determined by the Chief Procurement Otficer,
whose decision will be binding

Wanranry
=>

The Carrer must unendionaly warant ever photoset conto apn any defect ue design,
Vontransho ormetersseveopioy wins pore out yors ater te coal es bee placed’
ween Ta carve tnmecad pert een tease ony sooner sapaigte per soation
Scprotcion tbe wt sry conta opr teec evel detec: win We pore mest repens
‘by the Contractor at his sole expense and without cost to the City.

CONTRACT DOCUMENTS TO BE COMPLETED BY BIDDER,

Each bidderproposer must fuly complete, sign, notarize and submit as part of your proposal the folowing
documents incorporated herein:

Schedule 8-2; Affidavit of MBE/WBE Target Market Joint Venture
‘Schedule C-2: Letter of intent from Subcontractor, Supplier and/or Consultant to Perfoom
Schedule 0-2: Affidavit of Target Market Subcontractors

Disclosure Affidavit

Disclosure of Retained Parties

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 13 of 62
‘SPECIAL CONDITIONS ‘

6. Proposal Execution Page, as applicable (Corporation, Partnership, Sole Proprietorship).
7. City of Chicago insurance Certificate of Coverage

Note:EACH BIDDER/PROPOSER MUST ACKNOWLEDGE RECEIPT OF A FULL SET OF CONTRACT
DOCUMENTS AND ANY ADDENDA AT THE TOP OF THE PROPOSAL EXECUTION PAGE.

DISCLOSURE OF OWNERSHIP

Pursuant to Chapter 2-154 of the Municipal Code of the City of Chicago, any person, business entity or
‘agency submitting a bid or proposal to or contracting with the City of Chicago will be required to complete the
Disciosure of Ownership Interests in the attached Disclosure Affidavit. Complete disclosure information must
be provided.

CONTRACTOR CERTIFICATION

‘The Contractor or each joint venture partner must complete the appropriate subsection C. State Tax
Delinquencies and acknowedge all other presentations in the section entited Contractor Certification of the
attached Contractor's Affidavit (the Affidavit) which certifies that the Contractor or each joint venture partner,
its agents, employees, officers and any subcontractors a) have not been engaged in or been convicted of
bribery or attempted bribery of a pubic officer or employee of the City of Chicago, the State of Ilinois, any
‘agency ofthe federal government or any state or local goverment in the United States or engaged in or
been convicted of bid-rigging or bid-otation activites as defined inthis section as required by the linois
Criminal Code; b) do not owe any debts to the State of llinas, in accordance with 85 ILCS 5/11-42.1-1 and c)
_are not presently debarred or suspended as defined in subsection D, Certification Regarding Suspension and
Disbarment of the Affidavit.

GOVERNMENTAL ETHICS ORDINANCE

Contractor must comply wih Chapter 2-186 of the Municipal Code of Chicago, “Governmental Ethics",
including but not limited to Section 2-156-120 of this Chapter pursuant to which no payment, gratuity or offer
‘of employment wil be made in connection with any City contract, by or on behalf of a subcontractor to the
prime Contractor or higher ier subcontractor or any person associated therewith, as an inducement for the
‘award of a subcontract or order. Any contract negotiated, entered into, or performed in violation of any of the
provisions of this Chapter willbe voidable as to the City.

CHAPTER 2.56 OF THE MUNICIPAL CODE OF CHICAGO, OFFICE OF INSPECTOR GENERAL

It wl be the duty of any bidder, proposer, or Contractor, all subcontractors, and every applicant for
certification of eligibility fora City contract or program, and all officers, directors, agents, partners, and
‘employees of any bidder, proposer, contractor, or such applicant to cooperate with the Inspector General in
ny investigation or hearing undertaken pursuant to Chapter 2-56 of the Chicago Municipal Code. The
Contractor understands and must abide by all provisions of Chapter 2-56 of the Municipal Code of Chicago.
AllContractors must inform subcontractors of this provision and require understanding and compliance
herewith.

BUSINESS RELATIONSHIPS WITH ELECTED OFFICIALS

Pursuant to Section 2-156.030(0) of the Municipal Code ofthe City of Chicago, itis ilegal for any elected
official of the city, or any person acting at the direction of such official, to contact, 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 @ business relationship, or to participate in any discussion in any city council committee hearing or

‘Specification: 82-28627-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 14 of 62

noe SPECI. CONDITIONS
in any city council meeting or to vote on any matter involving the person with whom an elected offical has @
‘business relationship. Violation of Section 2-16-U30(b) by any elected official with respect to this
contract will be grounds for termination of this contract. The term business relationship is defined as set
{orth in Section 2-166-080 of the Municipal Code of Chicago,

‘Section 2-156-080 defines a “business relationship" as any contractual or other private business dealing of
‘an official, or his or her spouse, or of any entity in which an official or his or her spouse has a financial
interest, with @ 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 wil not include: () any ownership through
purchase at fair market vaiue or inheritance of less than one percent of the share of a corporation, or any
‘corporate subsidiary, parent or affiiate thereof, regardiess of the value of or dividends on such shares, if
‘such shares are registered on a secures exchange pursuant to the Securities Exchange Act of 1934, as.
‘amended; i) the authorized compensation paid to an official or employee for his office or employment: li)
‘any economic benefit provided equally to all residents of the city; (v) atime or demand deposit in a financial
Institution; or (v) an endowment or insurance policy or annuty contract purchased from an insurance
‘company. A “contractual or other private business dealing” wil nt include any employment relationship of an
offcia's spouse with an entity when such spouse has no discretion conceming or input relating to the
relationship between that entity and the city.

‘SECTION 2-92-380 OF THE MUNICIPAL CODE OF CHICAGO

'2) In accordance with Section 2-82-380 of the Municipal Code of Chicago and in adcition to any other
rights and remedies (including any of set-off) available to the City of Chicago under the contract or
permitted at law or in equity, the City shall be entitled to set off a portion of the contract price or
‘compensation due under the contract, in an amount equal to the amount ofthe fines and penalties for
‘each outstanding parking violation complaint and the amount of any debt owed by the contracting party
to the City. For purposes of this section, “outstanding parking violation complaint” means a parking
ticket, notice of parking violation, or parking violation complaint on which no payment has been made or
‘appearance filed 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,

'b) Notwithstanding the provisions of subsection (a), above, no such debt(s) or outstanding parking
Violation compiaint(s) will be offset from the contract price or compensation due under the contract if
‘one oF more of the following conditions are met:

(1) the contracting party has entered into an agreement with the Department of Revenue, or other
‘appropriate City department, for the payment ofall outstanding parking violation complaints
‘and debts owed to the City and the Contracting party isin compliance with the agreement; or

(2) the contracting party is contesting lability for or the amount ofthe debt in a pending
‘administrative or judicial proceeding: or

(@) the contracting party has fled a petition in bankruptcy and the debts owed the City are
dischargeable in bankruptcy.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 15 of 62
‘SPECIAL CONDITIONS.
MACBRIDE PRINCIPLES ORDINANCE

‘The City of Chicago through the passage of the MacBride Principles Ordinance seeks to promote fair and
‘equal employment opportunities and labor practices for religious minorities in Norther Ireland and provide @
better working environment forall ctizens in Northern ireland.

In accordance with Section 2-82-580 of the Municipal Code of Chicago, ifthe primary Contractor conducts
‘any business operations in Northem Ireland, it is hereby required that the Contractor shall make all
reasonable and good faith efforts to conduct any business operations in Northem Ireland in accordance with
the MacBride Principles for Northern Ireland as defined in Ilino's Public Act 85-1390 (1988 Il. Laws 3220)

For those Contractors who take exception in competitive bid contracts to the provision set forth above, the
CCity wil assess an eight percent penalty. This penaity wil increase their bid price for the purpose of
Canvassing the bids in order to determine who isto be the lowest responsible bidder. This penalty wil apply
‘only for purposes of comparing bid amounts and will nt affect the amount of any contract payment.

‘The provisions of this Section will nt apply to contracts for which the City receives funds administered by the
United States Department of Transportation, except to the extent Congress has directed that the Department
Cf Transportation not withhold funds from states and localities that choose to implement selective purchasing
policies based on agreement to comply with the MacBrnde Principles for Norther Ireland, orto the extent that
‘Such funds are not otherwise withheld by the Department of Transportation.

DISCLOSURE OF RETAINED PARTIES - EXECUTIVE ORDER 97-1

‘The apparent iow bidder wil be required to execute and notarize the disclosure required by Executive Order
97-1 no later than seven (7) calendar days after notification by the City of Chicago unless a longer time is
‘ranted by the Chief Procurement Otficer. A copy of the disclosure required by Executive Order 97-1 is
attached to this specification. Refusal to execute and notarize such disclosure will result in the Chief
Procurement Officer deciaring the bidder non-responsible and the City retaining the bid deposit. Moreover, it
1 bidder is deemed non-responsible under this provision, the bidder's status as a non-responsible bidder
‘may apply to the bidder's subsequent bids.

COMPLIANCE WITH CHILD SUPPORT ORDERS ORDINANCE

‘The Child Support Arrearage Ordinance, Municipal Code of Chicago, Saction 2-92-416, furthers the City's
Interest in contracting with entities which demonstrate financial responsibilty integrity and lawfulness, and
finds that its especially inequitable for contractors to obtain the benefits of public funds under City contracts
‘hile its owners fail to pay court-ordered child suppor, and shift the suppor of their dependents onto the
public treasury.

In accordance with Section 2-82-415 of the Municipal Code of Chicago, if the Circuit Court of Cook County or
an Ilinois court of competent jurisdiction has issued an order deciaring one or more Substantial Owner in
arrearage on their child support obligations and: (1) a one such Substantial Owner has not entered into a
Court-approved agreement for the payment of all such child support owed, or (2) a Substantial Owner is not in
‘compliance with a cour-approved agreement forthe payment ofall such child support owed, (see
Certification of Compliance with Child Support Orders in Disclosure Affidavit), then:

For those bidders in competitive bid contracts, the City will assess an eight percent penalty. This penalty wil
Increase their bid price for the purpose of canvassing the bids in order to determine the lowest responsible
bidder. This penaity will apply only for purposes of comparing bid amounts and will not affect the amount of
any contract payment.

‘Specification: 62-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 16 of 62

: SPECIAL CONDITIONS
For purposes of this section, “SUBSTANTIAL OWNER means any person whe owns or holds a ten percent
(10%) or more percentage of interest in the bidder; where the bidder is an individual or sole proprietorship,
substantial owner means that individual or sole proprietorship.

“PERCENTAGE OF INTEREST" includes direct, indirect and beneficial interests in the Contractor. Indirect or
beneficial intrest means that an interest in the Contractor is held by a corporation, joint venture, trust,
partnership, association, estate or other legal entty, in which the individual holds an interest, or by agent(s) or
‘nominee(s) on behalt of an individual or entity. For example, if Corporation & holds or owns a twenty percent
interest in Contractor, and an individual or entity has a fity percent or more percentage of interest in
Corporation B, then such individual or entity indirectly has a ten percent or more percentage of interest in the
Contractor. If Corporation B is held by another entity, then this analysis similary must be applied to that next
entity.

“The provisions of this Section will nly apply where not otherwise prohibited by federal, state or local law.
CONTRACT PERIOD

‘The contract wil begin on or about ‘and continue through __, unless terminated prior to
thus date according to the terms of the Termination paragraph, or exterided as provided for herein,

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

‘The start date wil be no later than the fist day of the succeeding month from the date shown as the Contract
‘Award and Release Date on the Acceptance Page herein. The expiration date will be the last day of the
‘thity-sixth full calendar month after the established start date.

CONTRACT EXTENSION OPTION

‘This Contract willbe in effect for the datos indicated herein for the contract period, The Chief Procurement
Officer shall exercise the City's unilateral right to renew this Contract following the expiration of the base
Contract term for up to two (2) additional pariods of one (1) year each, subject to acceptable performance by
‘the Contractor and contingent upon the appropriation of sufficient funds for the purchase of the goods
provided for in this Contract.

No less than sixty (60) days before the expiration of the then current contract term, the Chief Procurement
Officer will give the Contractor notice ofthe City’s intent to exercise its option to renew the Contract for the
‘approaching option period. The date on which the Chief Procurement Officer gives notice is the date the
notice is mailed, ft is mailed, or the date the notice is delivered, if sent by courier or messenger service,

With the same amount of notice as for options, the City reserves the right to extend the contract period for a
period of no more than ninety (90) days, ether in leu of exercising an option period or folowing the
‘exhaustion ofall option periods, forthe purpose of providing continuty of supply while procuring a
replacement contract.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 17 of 62
‘SPECIAL CONDITIONS.
ACCEPTANCE

{tis understood and agreed by and between the parties hereto, that the ital acceptance and inspection of
any delivery wil not be considered a waiver of any provision ofthese specifications and:wil not relieve the
Contractor of his obligation to supply satisfactory material which conforms tothe specifications, as shown by
‘ny tes or inspections for which provisions are herein otherwise made,

CONTRACT DOCUMENTS

Failure of the Contractor to familiarize himselt/herself with all requirements of the Contract Documents will not
relieve him/her from complying with all ofthe provisions thereof.

EARLY TERMINATION

{In addition, the City wil terminate this contractor all or any portion of the contract, at any time by a notice in
\wnting from the City to the Contractor. The City will give notice to the Contractor. The effecte date of
termination willbe the date the notice is received by the Contractor or the date stated in the notice, whichever
later. Ifthe City elects to terminate the contract in ful, all services to be provided under it must cease and
‘all materials that may have been accumulated in performing this contract whether completed or in the
process, must be delivered to the City within 10 days after the effective date stated in the notice,

‘After the notice is received, the Contractor must restrict its actives, and those of its subcontractors to
‘winding down any actives previously begun. No costs incurred after the effective date of the termination
are allowed. Payment for any services actually and satisfactonly performed before the effective date of the
termination ison the same basis as set forth in the Payment clause and as outined in the Proposal page, but
if any compensation is

‘described or provided for on the basis of a period longer than 10 days, hen the compensation must be
Prorated accordingly. No amount of compensation, however, is permitted for anticipated profits on
Lnpertormed services. The payment so made to the Contractor isin full settlement for all services
tetetecory perorved under Si conte

If the City's election to terminate this contract for default pursuant to provision 13. Default, in the General
Conditions is determined in a court of competent jurisdiction to have been wrongful then in that case the
termination is to be deemed to be an early termination pursuant to this Early Termination provision.

LIVING WAGE ORDINANCE

‘Section 2-92-610 of the Municipal Code of Chicago requires eligible contractors and their subcontractors to
’pay a living wage (curently $7.60 per hour minimum base wage) to covered employees employed in the
performance of this contract. You are an eligible contractor i at any time during the performance of the
‘contract you have 25 or more fultime employees. if you are, or becom you and your
‘subcontractors must pay at least the base wage to covered employees. ‘employees are: security
‘guards (but only if you and your subcontractors employ in the aggregate 25 or more of them), and, in any
‘umber, parking attendants, day laborers, home and health care workers, cashiers, elevator operators,
‘custodial workers and clerical workers, Section 2-82-810 does not apply to not-for-profit corporations with
{federal 501(c)(3) tax exempt status. Also, if the work being done under the contracts subject to payment of

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 18 of 62

Jos ‘SPECIAL CONDITIONS.
prevailing wages, and the prevailing wages are higher than the base wage, then prevailing wage rates apply
‘and must be paid.

NON-APPROPRIATION

Ino funds or insufficient funds are appropriated and budgeted in any fiscal period of the City for payments to
‘be made under this contract, then the City wil noify the Contractor of that occurrence and this contract shall
‘terminate on the earlier of the last day ofthe fiscal period for which sufficient appropriation was made or
whenever the funds appropriated for payment under this contract are exhausted. No payments will be made
to the Contractor under this contract beyond those amounts appropriated and budgeted by the City to fund.
payments under this contract.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 19 of 62
’ TARGET MARKET
NON-CONSTRUCTION SERVICES/GENERAL EQUIPMENT & SUPPLIES
‘SPECIAL CONDITIONS REGARDING MINORITY
BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE COMMITMENT

Policy and Terms

Itis the policy of the City of Chicago that Local Businesses certified as Minority Business Enterprises
(MBE) and Women Business Enterprises (WBE) in accordance with section 2-92-420 et. seq, of the
Municipal Code of Chicago and Regulations Governing Certification of Minority and Womer-Owned.
Businesses and all other regulations promulgated under the aforementioned sections of the Municipal
Code shall have the maximum opportunity to participate fully in the performance of this agreement. The
Chief Procurement Officer has established a goal of awarding not less than 25% ofthe annual dollar,
Value ofall contracts to certified MBEs and 5% of the annual dollar value of all contracts to certified
WBEs.

‘The Chief Procurement Officer has implemented the Target Market Program that seeks to award
competitively or on a negotiated bid process to certified MBEs the established goal of 10% of the
‘annual doliar value of all contracts and to certified WBEs 1% of the annual dollar value ofall contracts,

Definitions
“Minority Business Enterprise” or “MBE” means a firm awarded certification as a minority owned and

controled business in accordance with City Ordinances and Regulations, as long as itis performing in
its certified Area of Specialty

"Women Business Enterprise’ or “WBE” means a firm awarded certification 2s a women owned and
controled business in accordance with City Ordinances and Regulations, as long as itis performing in
its certified Area of Specialy

"Directory" means the Directory of Certified “Disadvantaged Business Enterprises”, “Minority Business
Enterprises" and "Women Business Enterprises” maintained and published by the City's Contract
Compliance Administrator. The Directory identifies firs that have been certified as MBEs and WES,
2nd includes both the date oftheir last certification and the area of specialty n which they have been
Certified, Contractors are responsible for verifying the current certification status of all proposed MBEs
‘and WBEs.

“Area of Specialty” means the description of a MBE or WBE fim’s business which has been
determined by the Chief Procurement Officer to be most reflective of the MBE or WBE firm's claimed
specialty or expertise. For the Target Market Program the Area of Specialty is synonymous to the
Gesignated commodity area, Each letter of certification contains a description of the MBE or WEE
firm's Area of Specialty. This information is also contained in the Directory

NOTICE: By virtue of certification, the City does not make any representation conceming the ability of
‘any MBE/WBE to perform work within their Area of Specialty. Itis the responsibilty of all contractors to
determine the capabilty and capacity of MBEs and WBE to satisfactory perform the work proposed,

“Target Market Joint Venture" means an association of two or more MBES, WBES, or both MBEs and
\WBEs all certified by the City of Chicago or whose recertification is pending, to cary out a single
business enterprise for profit, and for which purpose they combine their expertise, property, capita,
ctfors, skill and knowledge,

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 20 of 62
TARGET MARKET NON-CONSTRUCTION SERVICES/GENERAL EQUIPMENT & SUPPLIES MBEWEE -
COMMITMENT

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

Eligibility

‘Contracts included in the Target Market Program can be either MBE Target Market Contracts, WEE
“Target Market Contracts or designated as open to all certified MBE and WE fems. Only MBE and
MBE Joint Ventures are eligible to bid on or partcpate in MBE Target Market Contracts, while only
WBE and WBE Joint Ventures are eligible 1o bd on or participate in WBE Target Market Contracts. On
solicitations open to both MBEs and WBES joint ventures are allowed between both

Contracts included in the Target Market Program have been identified by the Chief Procurement Officer
‘as having atleast three MBEs or three WBES, as the case may be, that indicated their interest in
participating in the contract's designated commodity area(s) by successfully being certified by the City's
Contract Compliance Administrator. The Chief Procurement Officer shall select contracts for the Target
‘Market Program which include a variety of goods and services which the City frequently contracts,

‘The vendor may not subcontract more than fity percent (50%) of the dollar value of the contract. The:
prime Target Market vendor must perform at least 50% of the awarded contract amount with their own
‘workforces. Up to 80% ofthe dollar value of the Target Market contract may be subcontracted to firms
\who are either MBE's and/or WBE’s or nor-MBE's andlor non- WBE's. The purchase of goods by @
VENDOR from a manufacturer or supplier for sale to the City in contract consisting solely ofthe sale
(of goods shall not be deemed subcontracting. However. in appropriate cases the Chief Procurement
Officer may initiate discussions with a contractor subcontracting with non-certiied fms in order to
‘maximize the overall participation of MBEs and WBES at all contracting levels.

MBE or WBE firms willbe allowed to participate in this Target Market Contract only in their Areas of
‘Specialty as certified, or if recertification was submitted prior to certification expiration has been applied
for, and is pending on the date of bid opening. Certification must be substantiated by current
Ccetfication letters of all MBE and WBE participating in he contract being a part of the bid/proposal
response.

‘The Chief Procurement Oficer may make participation inthe Target Market Program dependent upon
submission to stricter compliance audits than are generally appicabe to paricpants in the MBE/WBE
program. Where necessary of useful, the Chief Procurement Officer may require or encourage MBES
‘and WBEs to paricipate in training programs offered by the Department of Panning and Economic
Development or ther City departments or agencies as a conditon of partcipation inthe Target Market
Program,

‘The Chief Procurement Officer shall be authorized to review whether any MBE or WBE actively involved
inthe Target Market Program should be precluded from participation in the Target Market Program in
the following year to prevent the domination of the Target Market Program by a small number of MBES
‘OF WBES. The decision of the Chiet Procurement Officer to exclude a vendor trom the Target Market
Program is final and non-appeaiable. The Chief Procurement Orficer shall review the participation of
‘any Vendor in the Target Market Program which has been awarded as the prime vendor in a calendar
year either; () five (5) or more Target Market Contracts; or (i) Target Market Contracts with a total
‘estimated value in excess of one milion dollars ($1,000,000); provided, however, that each contract
used in the above computation has an estimated value in excess of ten thousand dollars ($10,000).
‘The factors which will be considered by the Chief Procurement Officer include:

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 21 of 62

|| TARGET MARKET NON-CONSTRUCTION SERVICESIGENERAL EQUIPMENT & SUPPLIES MBEWBE
COMMITHENT

o the total number and estimated value of both Target Market and other City contracts
awarded to the contractor

(® the total number and estimated value of both Target Market and other City contracts awarded
to the contractor in a specific commodity area;

(the percentage of the number of both Target Market and other City contracts awarded to the
Contractor in a specific commodity area:

(™) the percentage of the total estimated value of both Target Market and other City Contracts
‘awarded to the contractor in a specific commodity area;

(the extent to which the Vendor is dominating the Target Market Program to the undue
atriment of other contractors or the City; and

(v) any other factors deemed relevant by the Chief Procurement Officer.
Procedure to determine Bid Compliance
‘Schedule D-2

Bidders must submit, together with the bid, a completed Schedule 0-2 committing them to the utitzation|
(of each listed firm,

‘Schedule C:2

Letter of intent from Subcontractor, Supplier andlor Consultant to perform. In the event the Vendor fails
to submit any Schedule C-2s with its bid/proposal, the City wll presume that no subcontractors are
‘performing services related to the contract absent evidence to the contrary,

Letters of Certification

‘A copy of each proposed MBE/WEE firm's current Letter of Certification from the City of Chicago must
'be submitted with the bid/proposal

Joint Venture Agreements

It the bidder/proposer is a joint venture, the bidder/proposer must provide a copy of the Joint Venture
‘agreement and a Schedule B-2. In order to demonstrate the MBE/WBE partner's share in the
‘ownership and contol, the joint venture agreement must include specic details, related to: (1)
Contributions of capital and equipment; (2) work responsibiliies or other performance to be undertaken
by the MBE/WBE; and (3) the commitment of management, supervisory and operative personnel
employed by the MBE/WBE to be dedicated to the performance of the contract. The joint venture
‘agreement must also clearly define each partner's authority to contractually obligate the joint venture
and each partner's authority to expend joint venture funds (e.g. check signing authority).

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 22 of 62
vw.

TARGET MARKET NON-CONSTRUCTION SERVICES/GENERAL EQUIPMENT & SUPPLIES MEEWEE
COMMITMENT .

‘Advances and Expedited Payments

‘A vendor bidding on a Target Market Contract may request in its bid/proposal that t receive a portion of
the estimated contract value at the time of award as an advance to cover startup and mobilization
costs, which the Chief Procurement Officer may grant in whole or in part. The Chief Procurement
Officer wil not accept requests made after bid/proposal opening. The Chief Procurement Officer may
(rant advances not exceeding the lesser of: ()) ten percent (10%) of the estimated contract value; or
(two hundred thousand dollars ($200,000).

Advances willbe liquidated, and hence the City wil receive a credit for these advances against
payments due under the contract, commencing at the tie ofthe first payment to the contractor after
the payment of the advance, The City shall be entitled to be repaid in ull no later than such time as the
Cty pays fity percent (50%) or more of the estimated contract value to the Contractor.

Inthe event a vendor does not perform as required by the contract and thus is not entited to al, or part
of, any contract advances or expedited payments it has received, the City shall be entitled to ta
‘appropriate actions to recover these excessive payments, including, but not limited to, hquidation
‘against vouchers for commodities/services rendered for other awarded contracts or future bid deposits,
‘estitution sought from the performance bond, a determination that the contractor is non-responsive, or
<decertiication, These remedies are in addition to all remedies otherwise available to the City pursuant
tothe contract, at law, or at equity

‘Due to the nature of term agreements (annual contracts with “depends upon requirements” contract,
values), there is no guarantee of the contract against which the advance can be measured or liquidated.
‘Therefore, advances will be granted for term agreements based upon reasonable estimates at the
discretion of the Chiet Procurement Otficer.

Compliance

‘The Contract Compliance Administrator shall be entiled to examine on five (5) business days notice,
the contractor's books and records including without Imitation payroll records, tax returns and records,
‘and books of account, to determine whether the contractor isin compliance with the requirements of
the Target Market Program and the status of any MBE or WBE performing any portion of the contract.
‘Such rights are in addition to any other audit inspection rights contained in the contract,

Its material breach ofthis contract i the vendor, a joint venturer, or subcontractor is disqualified as a
MBE or WBE, such status was a factor in contract award, and the status was misrepresented by the
Contractor or any joint venturer. Such a breach shall entitle the City to deciare a default, terminate the
Contract and exercise those remedies provided for in the contract, at law or in equity.

In the event that the vendor is determined not to have been involved in any misrepresentation of the
status of an MBE or WBE, the contractor shall discharge the disqualified MBE or WBE and, if possible,
Identity and engage a qualified MBE or WBE as its replacement Continued eligibility to enter into
future contracting arrangements withthe City may be jeopardized as a result of non-compliance.
Payments due under the contract may be withheld untl corrective action is taken

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 23 of 62

vu.

“TARGET MARKET NON-CONSTRUCTION SERVICES/GENERAL EQUIPMENT & SUPPLIES MBEWBE

*COMMITHENT

Resource Agencies

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

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

‘Attn: General Services

(12) 353.4528

SBA. - Procurement Assistance

500 West Madison Street, Suite 1250

Chicago, ilinois 60601

‘SBA. - Bond Guarantee Program
‘Surety Bond

‘500 West Madison, Suite 1250
Chicago, ilinois 60661

‘Attention: Carole Haris

(812) 353-4003

‘Attention: Robert P. Murphy, Area Regional Administrator

(812) 353-7381

Project information and general MBE/WBE Program information:

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

Chicago, linois 0602

Attention: Camice Carey

(812) 744-1895

City of Chicago

Department of Procurement Services
‘Contract Administration Division

City Hall - Room 403

Chicago, llinois 60802

‘Attention: Byron Whittaker

(812) 744.4926

Directory of Certified Disadvantaged, Minority and Women Business Enterprises is available in the Bid
‘and Bond Room, Department of Procurement Services, City Hall, Room 403, Chicago, llinois 60602,
Monday through Friday between the hours of 8:40 am to 10:45 am and 12:00 pm to 3:30 pm.

Non Cnat Ra. 1201

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 24 of 62
ras SCHEDULE B-2
AFFIDAVIT OF MBEMWBE TARGET MARKET JOINT VENTURE (1/

‘Tis form isto be submitted identitying joint venturers in the MBE/WBE Target Market Program with a writen
joint venture agreement among the MBE and/or WBE venturers. In all proposed joint ventures, each MBE
‘andlor WBE venturer must submit a copy of their current Letter of Certification.

ALL 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. IF ADDITIONAL SPACE IS REQUIRED, ADDITIONAL SHEETS
MAY BE ATTACHED.

|. Name of joint venture:
‘Address of joint venture:
Phone number of joint venture

IL Identity each MBEAWBE ventures):
Name of Firm:
‘Address:
Phone:
Contact person for matters conceming MBE/WBE joint venture

iL Describe the role(s) of the MBE andor WBE venturer(s) in the joint venture:

IV. Attach aco of the joint venture agreement. In order to demonstrate each MBE and/or WBE
‘ventures share in the ownership, control, management responsbilies, risks and profs ofthe joint
‘erture, the proposed joint venture agreement must include specific deta related to: (1) the
‘ontibusons of capital and equipment: (2) work items tobe performed by the MBE/WBE's own
{orces; (3) work items to be performed under the supervision of the MBE/WBE venturer and (4) the
Commitment of management, supervisory and operative personnel employed by the MBEIWBE to be
ciated tothe performance ofthe project.

V.  Qumership of the Joint Venture.
‘A. What are the percentage(s) of MBE/WBE ownership of the joint venture?
MBE/WBE ownership percentage(s)

B. Specify MBE/WBE percentages for each of the following (provide narrative descriptions ang
‘other detail as applicable)

1. Profit and loss sharing:

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 25 of 62
vu.

SCHEDULE 8.2 AFFOAVIT OF MBEMBE TARGET MARKET JOINT VENTURE &

2. Captal contributions:
(@) Dollar amounts of inital contribution:

(b) Dollar amounts of anticipated on-going contributions:

3. Contributions of equipment (Specity types, quality and quantities of equipment to be
provided by each venture): $$$ _______

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

5. Provide copies of all witten agreements between venturers conceming this project.

6 Identity each current City of Chicago contract (and each contract completed during the
‘past two (2) years) by a joint venture of two or more fms participating in this joint
venture:

‘Control of and Participation in the Joint Venture. Identify by name and firm those individuals who are,
‘r wil be, responsibe for, and have the authority to engage in the following management functions
‘and policy decisions. (Indicate any limitations to their authority such as dollar limits and co-signatory
requirements.)

A. Joint venture check signing:

3. Authority to enter contracts on behalf of the joint venture:

©. Signing, co-signing and/or collateraizing loans:

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 26 of 62

vi.

SCHEDULE B.2 AFFIDAVIT OF MBEMWBE TARGET MARKET JOINT VENTURE (‘/p

1D, Acquistion of lines of credit

. Acquisition and indemnification of payment and performance bonds:

F, Negotiating and signing labor agreements:

G. Management of contract performance. (Identify by name and firm only):
1. Supervision of field operations:
2" Major purchases:
3 Estimating:
4 Engineering

Financial Controls of joint venture:
‘A. Which firm andior individual will be responsible for keeping the books of account?

8, Identity the “managing partner," if any, and describe the means and measure of their
compensation

©. 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 contractor the work of this project?

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 27 of 62
‘SCHEDULE B-2 AFFIDAVIT OF MBE/WBE TARGET MARKET JOINT VENTURE ay .

Vil. State the approximate number of operative personnel (by rade) needed to perform the joint venture's
work under this contract. indicate whether they will be employees of the MBE/WBE firm, or the joint

venture,
Trade WEEE joint Venture
(ounber) (oumber)

't any personnel proposed for this project will be employees of the joint venture:

‘A. Are any proposed joint venture employees currently employed by either venturer?
Employed by MBEWBE
B _ Identity by name and firm the individual who will be responsible for hiring joint venture
‘employees:

©. Which venturer will be responsible forthe preparation of joint venture payrolls:

1D” Piease state any material facts of additonal information pertinent © the control and structure
ofthis joint venture.

‘Specification: 62-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 28 of 62

SCHEDULE 8.2 APFOAVI OF MDENWBE TARGET MARKET Jom VENTURE if

“The undersigned affirms thatthe foregoing statements are correct and include 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 City
‘current, complete and accurate information regarding actual joint venture work and the payment therefore,
‘and any proposed changes in any provision of the joint venture agreement, and to permit the audit and
‘examination of the books, records and files of the joint venture, or those of each venturer relevant tothe joint
venture by authorized representatives of the City or the Federal funding agency.

‘Any material misrepresentation will be grounds for terminating any contract which may be awarded and for
{nating action under federal or state laws concerning false statements

‘Note: If, after fling this Schedule 6-2 and before the completion on the joint venture’ work on the project,
there is any change in the information submitted, 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 MBEIWBE Partner Firm Name of MBEIWBE Pariner Firm

Signature of Aant ‘Signature of Afant

Name and Tite of Aan’ Tame and Tite of fant
Date Date

On this _day of .20__. the above-signed officers

a
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:

(SEAL)

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 29 of 62
SIEM esr

eparen

David Mao
(Ci Proarenst Se

‘ya, Ros 03
{Bi Net ale Set
(Bag ins ov 126
Big eas

fg) 24423077)
stpsfewe ing ong

y 90s

Charlo Banks, President wy
Production Dynamics of Chicago, inc.)

9651 South Cottage Grove we
Chicago, ilinois 60628

\

Re: ‘ANNIVERSARY CERTIFICATION .
Certification Effective: ‘Apel 2572005
Certication Expires: ‘Apsil 30, 2008
Anoual Affidavit Certificate Expires: Apri 30, 2003,

Dear Mr. Banks:

Congratulations on your continued elgibilty for certification as a DBE/MBE by
the City of Chicago. Re-vaidation of Production Dynamics of Chicago, Inc.'s
catiication is required by April 30, 2003.

[As a condition of continued certification during tis fve year period, you must
promptly noiy the Ofice of Business Development of any changes in ownership
fr control of your frm orany other matters o facts affecting your firm's eighty
for certfiation, .

The Cty may commence actions to remove your fim's eligi H you fal to
nolfyus of any changes in ownership, management or control, or otherwise fai
to cooperate with the Cy in any inquiry or investigation. Removal of elgibity
procedures may also be commenced if your frm is found to be involved in
Bidding or contractual inegularites

‘Your firm'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:

Electrical and industrial Supplies; Computer Supplies;
Management Consulting

‘Your firm's 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 willbe 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.

. TARGET MARKET/SCHEDULE C-2
Letter of intent from Subcontractor, Supplier and/or Consultant to Pertorm

Name of Project/Contract Fleteskebeie sbigleroy Gritels

Spectcaton Number ha 2639004
Proase check appropte satus of ubconracing Fim
From FRavucrios) Dywyy macy SX Mae es TO ry

To:

‘The undersigned intends to perform work in connection with the above projects as a:
Sole Proprietor 2X_ Corporation
Partnership Joint Venture

‘The undersigned is prepared to provide the folowing described services or supply the folowing described
{900d in connection with the above named projeclcontvact

Pian Min fare FPl.

‘The above described performance is offered for the following price and described terms of payment

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

‘The undersigned will enter into a formal writen agreement for the above work with you as a Prime
Contractor, conditioned upon your execution of a contract with the City of Chicago, and will do so within (3)
three working days of receipt of a signed contract from the City of Chicago.

Sight
Vo SS

Specification: B2-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 30 of 62
_ ‘SCHEDULE D-2
Amdavtof Target Market Subcontractors
Non - Construction Services/General Equipment and Supplies

Contact Name Pzbo eleedeic,, ELEY
‘Specification No._ 22 -a#SR7-928
stateot_E/
County (Cty) of Cook Glace
| HEREBY DECLARE AND AFFIRM that | am duly authorized representative of:

Books troy D yp wes of Chicag OD

‘and that | have personally reviewed the material and facts set forth herein describing our proposed plan
Identitying sub-contractors in this contract.

‘All MBEWBE firms included in this plan have been certified as such by the City of Chicago (Letters of
Cerifcation Attached),

Direct Participation of Subcontracting Firms.

(Note: ‘The bidderiproposer shall, n determining the manner of MBE/WBE participation, can oniy
‘consider involvement with MBE/WBE firms as joint venture partners. Subcontracting and suppiing of,
(00ds and services directly related to the performance of this contract is open to MBE/WBE and non
MBEMWBE firms. NOTICE: Subcontracting cannot exceed 50% of the total contract amount.)

A. The MBE and/or WBE bidder(s) is to attach a copy oftheir City of Chicago Letter of
Certification.

8. If bidder/proposer isa joint venture and one or more joint venture partners, they must be
Certified MBES or WBESs, attach copies of Letters of Certification and a copy of Joint Venture
‘Agreement clearly describing the role of the MBE/WBE firm(s) and its ownership interest inthe
joint venture

©. Subcontractors (Direct or Indirect):

4. Name of Subcontractor.

Address:

Contact Person Phone:
Dollar Amount Participation §

Percent Amount of Participation: %

Schedule C-2 attached? Yes, see page 2)

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 31 of 62
‘SCHEDULE D:2AFFIQAYIT OF TARGET MARKET SUBCONTRACTORS NON.consraUEN

Type of Firm:

MBE _ WBE Non-MWBE
2. Name of Subcontractor.

Address:

Contact Person: Phone:
Dollar Amount Participation $

Percent Amount of Participation: %

‘Schedule C-2 attached? Yes.

‘Type of Firm:
MBE Wee

3, Name of Subcontractor.

Address:

Contact Person:

Dollar Amount Participation $

Phone:

Percent Amount of Participation: %
Schedule ©-2 attached? y

ype of Firm:

MEE wee Nom MBE
4, Name of Subcontractor.

adress

Contact Person: Phone
Dotter Amount Participation $

Percent Amount of Participation %

‘Schedule C-2 attached? ves. No,
Type of Fim:

MoE wee Nom Mwae

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 32 of 62

5. Attach additional sheets as needed.

* All Schedule C-2s and Letters of Certification not submitted with bid/proposal must be submitted so
26 to assure receipt by the Contract Administrator within three (2) business days after bid opening (or
proposal due date.)

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

‘The contractor designates the folowing person as their MBE/WBE Liaison Officer:
778 37 - ha)

jone Number.

| do solemnly declare and &rm under penalties of perjury that the contents ofthe foregoing
document are true and correct, and that | am authorized, on behalf of the contractor, to make
affidavit

BVO.
sawo_gf
County of_ Coie

Tis instrument was acknowedged betore meon “2 Jey 72 auto
wy __G. Gerry (name fs ot persis)

as, (type of authority, e.g, officer, trustee, etc)
of €-4 _ (name of party on behalf of whom instrument
was executed).

Seat

(Seal)

“OFTEET

INNETH ELSTON
ora mce Sate AUN
Ae eonesen poms 20,

Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 33 of 62
. TARGET MARKET
‘SUBCONTRACTOR UTILIZATION REPORT

NOTICE: THIS REPORT IS NOT TO BE COMPLETED AT THE TIME OF BID OR PROPOSAL SUBMISSION. IF
AWARDED A CONTRACT WITH AN APPROVED SUBCONTRACTING PLAN, THE PRIME
‘CONTRACTOR WILL BE REQUIRED TO SUBMIT THIS REPORT IN ACCORDANCE WITH THE
REPORTING REQUIREMENTS STATED IN THE SPECIAL CONDITION REGARDING.

‘SUBCONTRACTING COMMITMENTS.
Contract Administrator. Specification No. B2.~2.9527-O2.8
Phone No, Contract No.

Date of Award:

Utilization Report No,
state or_E
COUNTY (CITY) OF: (elarent

In connection with the above-captioned contract:
| HEREBY DECLARE AND AFFIRM that am the es ich

and diy utnorized representative of (= PRODUCTION DYNAMICS |=

‘OF CHICAGO, INC.
9551 S. Cottage Grove Chicago, i. 60628
cman Bi 0772 575-2000 Fax 0773)'375-2610
and that the folowing firms have been contracted with, and have furnished, or are furnishing and preparing
‘materials for, and rendering services stated in the contract agreement.

‘The following Schedule accurately reflects the value of each sub-agreement and the amounts of money paid
toeach to date
NAME, INDICATE IF FIRMIS AMOUNT OF CONTRACT AMOUNT PAID TO DATE
(MBE. WBE OR NON-
MBE OR NON- WBE)

AMOUNT BILLED TO CITY: 8.
AMOUNT PAID TO PRIME CONTRACTOR: $

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 34 of 62
‘TARGET MARKET SUBCONTRACTOR UTILIZATION REPORT.

For each subcontractor listed on this report, briefly describe the work or goods/services provided in relation to
‘this contract. (Indicate line items, it applicable)

DESCRIPTION OF WORKISERVIGES

‘Specification: 82-28627-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 35 of 62
rT

11DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS
‘OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT, AND THAT | AM AUTHORIZED, ON
BEHALF OF THE CONTRACTOR, TO MAKE THIS AFFIDAVIT.

Name of Affiant,_ A. basclves Beas

Raton

Date: Jo, Shee

stateot £1
county iy) of Cake (Claucago>

[Ths ingrumant was ecnowedoe before me on 12 Legloe (date)

bya (name/s of person/s)
feiss {hype of auhory. eg, offen, rusts,
of (name of party on behalf of whom

insizument was exeeuted),

‘Signature of Notary Public

(Sea) TOTRCTAT SEAT
KENNETH ELSTON.
NOTARY RII STATE OF RUNOWS

ECON EES 4003,

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 36 of 62
DETAILED SPECIFICATIONS
‘SCOPE

‘The Contractor must fumish and deliver F.0.B., City of Chicago, Department of Streets and Sanitation,
‘Bureau of Electricity, 2451 South Ashland Avenue, Chicago, Ilinois 60608, the Photo Electric Lighting
Controls, as described in these Detailed Specifications all in accordance with the terms and conditions of
General and Special Conditions.

[SPECIFICATION 1471
BUREAU OF ELECTRICITY

DEPARTMENT OF STREETS AND SANITATION
CITY OF CHICAGO

REVISED APRIL 23, 2002

CONTROL: PHOTOELECTRIC, FOR ROADWAY LIGHTING,
BUTTON, AND TWIST LOCK TYPE.

1 “This specification states the requirements for photoelectric lighting controls, consisting essentially
2 photocell, relay, and a surge arrester, all enciosed in an approved housing, to control the
-OFF* schedule of roadway lighting

Information Required, Each bidder must submit with his proposal he following information relative
to the photoelectric control he proposes to fumish.

(1) Outline drawing.
@) Complete environmental, electrical, physical, and operating data on the control unit.

(@) Data by the photocell manufacturer including sensitity, operating temperature and load
rating,

(4) Manufacturers name and catalogue designation,

(©) Assembly, Each photoelectric control must be delivered completely assembled, wired, and ready
{or installation,

(©) Size.and Weight. (1). Button Contra - the unit must not be more than 2.3°high and 1.3° square
with @ maximum weight of eight (8) ounces. it must be provided with a 75" long, 3/8-18 NPSM.
threaded nipple fitted with two nylon lock nuts and a neoprene or other approved washer. (2).
“Twist Lock Control - the unit must not be more than 3.5" high or 3.25" in diameter with a maximum

‘woight of eight (8) ounces.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 37 of 62
DETAILED SPECIFICATIONS

(@) Photoelectric control must meet or exceed allrequirements of ANSI Standard C136-10-1996 for

‘Twist Lock Controls. The button control must be Dark-To-Light Model No, DBE120-1.0-1748 (120
volt) DBE240-1.0-1748 (240 volt) or approved equal

(©) Compliance with Specifications. The photoelectric control must conform in detail to the

‘requirements herein stated, and to other standards and specications, as cited, of which the most
recently published revision will govem. Certified test resuits must be submitted to the
‘Commissioner as incicated below. prior to shipping of photocells. All shipments not meeting
‘specification requirements will not be accepted.

(Approved, Wherever "approved" is specified herein, it will be construed to mean “approved by

the Commissioner or the Commissioner's authorized representative.”

CONSTRUCTION

3

(@) Photoconductive Cell. The photocell must consist of a suitable substrate, a chemically inert

electrode material and a thin layer of photosensitive cadmium sulfide or other acceptable
photosensitive material, it must be hermetically sealed in a glass to metal package to prevent
‘moisture and contamination damage. Plastic cased cells are not acceptable. Filtered silican
‘Sensors in Gear epoxy cases are also acceptable. Cell dissipation over a 24 hour period must not
‘exceed the recommended allowable levels specified by he cell manufacturer. Ifthe cell operates
fon D.C. an affidavit must be submitted giving the cell manufacturer's certification that such
‘operation will not adversely affect the sensitivity, stabilty, or the lfe of the cell, The call must not
'be subject to overloading due to the demand ofthe design circuit nor the ambient temperatures
‘surrounding the cell. Color response of the cell or silicon sensor must be such that maximum
‘sensitivity i in the biue-green portion of the color spectrum,

(©) Switching Relay. The ON-OFF switching operations must be accomplished by normally closed

Contacts which must be opened by means of a rugged, propery rated, magnetic relay, subject to
‘approval. The switching must be positive and free of chatter and/or sticking of contacts. The
Contractor must provide test data verifying that contact chatter does not exceed § milliseconds
‘when operated under loads as herein specified. The relay must have contacts of silver alloy,
tungsten, or other specifically approved material

(©) Sure Arrestor. Over voltage protectin mustbe provided forthe control components and the load

CGrcult by means of a metal oxide varistor (MOV) or other specifically approved type arrestor. It
‘must limit high votage surges to a value atleast 20% below the basic impuise insulation level (BIL.
In accordance with EE-NEMA) of the control. For the button contol, the MOV. must be rated for
‘8 minimum of 100 joules wired line to neutral. For the twist lock control the MOV must be rated
{for minimum of 160 joules wired line to neutral; a secondary MOV or zener diode of at east 8
joules must be provided to protect the electronic circu. In both the button and twistlock controls,
the MOV must be mounted internally of the control housing.

‘Specification: 62-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 38 of 62

e
DETAILED SPECIFICATIONS

(4) Printed Circuit Boards. A conformal coating must be applied to all printed circuit boards for
environmental protection.

(©) Housing. The housing must be molded of an approved, impact resistant, UV resistant
‘weatherproof material such as acryic, butyrate or polycarbonate, pigmented to an approved coer
Impact resistance of greater than 1.0 ftibs at -40°CCis required, ‘Year and manufacturer must be
‘molded in cover.

(Falk Sate. Relay contacts must be normally closed so that when circuit failure occurs the lights
{are tumed on, oF remain on.

(©) Datina, A weatherproot, permanent label must be attached to each untinccating manufacturers
‘name, month and year of manufacture, mode and serial numbers, vekage andioad ratings, and,
on tist lock conto, provision for marking installation and removal dates.

(h) Lead Wires.
(1), Button Control - lead wires must be #18 AWG (Min); rated for 105°C; and 12" long. They
‘must be color coded as follows:
Red - Load
‘White - Neutral (on 120 volt controls)
Black - Line
‘Yellow - Common (on 240 volt controls)

(2). Twist Lock Control the base must provide an integral, locking type, brass three prong plug
in accordance with ANSI C136-10-1996, A neoprene or other approved gasket must be attached
to the base to effectively seal the connections against weather, insects and dust.

(0 240.vott button photocontrols must have a permanent black on orange label 0.5°%2.0" in size that
eads “240 VOLT’

CHARACTERISTICS

4. (@) Electrical. The control must be stable and reliable over the range of 105 to 130 volts A.C., at 60
cyctes. The twist lock contro''s direct load rating must be 1000 watts tungsten, 1800 VA ballast;
‘the button control must be rated for 1000 VA ballast, Current inrush rating ofthe control must be
‘notless than 100 amperes. Control must operate reiay/contactor assemblies used by the City of
Chicago.

(©) Envionmental, The contro! must be stable and reliable over an operating temperature range of
“40°C (-40°F) t0 + 70°C (+158 °F,

(©) Qperating Levels, Each control furnished must be pre-aged in intense light for a period of not less.
than 10 hours, after which it must be calibrated using a photometer whose accuracy is traceable
to the N.I.S.T. 100% quality control inspection must be performed after calibration and final
assembly

(1). The button control mustbe calibrated at 120 VAC fora “tum-on" setting of $0 + 0.1 horizontal
foot candles of natural ilumination with a 7-15 second tum OFF delay. The “turn-off setting must
be adjusted to one and one half (1.5) times the “tum-on’ setting, Button controls must have a 7-15
‘second tum ON delay. The control must have a delayed turn ON of 3 or more seconds on intial
power-up in darkness.

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 39 of 62
DETAILED SPECIFICATIONS

(2). The twist lock control must be calibrated at 120 VAC for a “tum-on" setting of 1 50 + 030
horizontal foot candles of natura ilumination with a 2-5 second tum OFF delay. The "turn-off"
‘setting must be adjusted to one and one half (1.5) times the "turn-on" setting. The control must
hhave a 1-2 second tum ON delay.

(@) Procedures. Test procedures must conform to these specifications, and to ANS! Standards
(©136-10-1996, except as otherwise herein indicated.

(©) Performance Test, The contro! must be subject to an accelerated performance test which will
Consist of cycling ON (30 seconds) and OFF (30 seconds) sixty times per hour at rated load for
2000 eyeles. The contro! must not exceed the limits indicated for the nominal or rated operating
levels, and relay contact points must not stick or show high resistance due to excessive pitting
andlor erosion,

(©) Dileciric Stenath Test, The control unit complete with enclosure must be subject to a D.C. hypot
test for dielectric strength, It must successfully withstand a 5.0 KV test for one (1) minute dry

(@) Drop Test. The control must be capable of withstanding a drop of 3 feet to a concrete floor
without causing damage to the housing or changing electrical operation,

(©) Surge Protection Test. The contro! must be subject to atest for surge protection in accordance
with UL 1449 and ANSI C82, By means of a surge generator, a 6.0 KV, 1.2 x 50 microsecond
voltage wave impulse test must be made. The surge test must have a short cicult current
average of at least 3 KA for 8.0 x 20 microseconds. The control must withstand the impulse
testing, and change in calibration levels must not exceed the limits indicated for the nominal or
rated operating levels.

(Temperature and Humidity Tests. The control will be subject to specified calibration tests
immediately following conditioning of the control at extremes of temperature and humidity, 3s
indicated below:

(1) Condition the control for @ period of 24 hours at 98% relative humidity and 70° C
temperature,

(2) Condition the control for a period of 10 hours at -40° C (-40° F).

(@) Calibration Test ARer competion of all specified testing, the contol unit must be
recalbrated and must be within the operating parameters ofthis specification. During tis
test, the manufacturer must demonstrate that there is no cycing duing either “turn-on” or
Sumott”

O) “Testing. One (1) unt from each fot of 500 photocontrots, with a minimum of 2 photocontrols,
pper contract, must be subject to test. In the event any photocontrol fails to meet test
requirements, the entire lot wil be subject to rejection, except that the manufacturer, may
‘subject a minimum of five (5) additonal photocontros in the lotto test and if al fulfil the
requirements, the lot wil be accepted. Should any of the additonal five (5) photocontrois

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 40 of 62

e
DETAILED SPECIFICATIONS

fail, then the entire lot wil be rejected. Certified test reports must be submited to the
Commissioner for approval prior to shipment of material. All units subjected to test will
remain the property of the Contractor and may not be included as part of this contract.

PACKAGING

6 (a) Carton. Each photoelectric unit must be individually packed in a carton of adequate strength and
property secured and protected to prevent damage to unit during shipment, handing and storage.

(©) Marking. Each carton into which a number of individually packed photoelectric units are packed
must be clearly marked on the outside in letters not less then one-quarter (1/4) inch tall with the
legend "OUTDOOR ELECTRONIC BUTTON PHOTO CONTROL’ or "OUTDOOR ELECTRONIC
‘TWISTLOCK PHOTO CONTROL" (as appropriate), precaded by the number of units inthe carton
innumbers of the same height asthe letters: vol-ampere lamp load rating, voltage, manufacturers
‘name and catalogue number, contract or order number, and shipping date.

EXCEPTIONS
Any deviations from these specifications must be noted on the Proposal Page or Pages attached thereto,
withthe exact nature of the change outlined in sufficient detail. The reason for which deviations were made
‘should also follow if not self-explanatory. Faure of a bidder to comply wit the terms of this paragraph may
‘be cause for rejection.

‘The City reserves the right to disqualify bids which do not completely meet outlined specications. The impact
Of exceptions to the specification will be evaluated by the City in determining its need

Specification: 82-28627-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 41 of 62
e
PROPOSAL
SPEC NUMBER: 8228527028
BID DESCRIPTION: LIGHTING, CONTROL PHOTOELECTRIC ROADWAY

DELIVER PREPAID TO: VARIOUS CITY AGENCIES

CONTRACT ADMINISTRATOR: 25 PETER VITONE 312-744-761

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scorers Tetris Ss Saaee eles ance ge
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Bana ae

QUOTES ON “OR EQUAL" ITEMS MUST BE IDENTIFIED AS "ALTERNATE" TO
SPECIFIED ITEM ON THE COMMENT LINE. IF QUOTING AN ALTERNATE,
INDICATE MANUFACTURER NAME, MODEL/PART/CATALOG NUMBER AND ATTACH
DESCRIPTIVE LITERATURE. ALTERNATE ITEMS MAY NOT BE ACCEPTED.
ANY EXCEPTIONS TO ITEMS SPECIFIED OR OTHER TERMS MUST BE CLEARLY
INDICATED ON THE BID.

BID ESTIMATED UNIT OF
LINE commonsry QUBNEITX © MEASURE UNIT PRICE EXTENDED PRICE

0003 205-27-44-215 21,000 fA SB GF 873,290.00)
lowriuc,coWrRois, ‘PHoTORLECTALG, Consrgrayo oF N THCFOCELL, RETA? “4
SURGE ARRESTER. PRina ney Bick - EighePrere ¢ ¥ 7/6 -W1C BA-N-DSSY.
79, corn, cor? scuEDoLe OF ROADWAY LIGHTING. Eh, PANT POL

‘0002 220-42-31~ ae 5,000 Ba 8 $24 826 aov.ov
conrrots, pHoroeLectRic Peppa y Bit Fisher ¥,
sx Pere Fp 105M D555

TOR RORY HigeIWG, 120 VOLE, BUTTON TYPE Stet. #24) S500

xalewrs chad ‘ nc na-lo e i

0003 220~42-31-240 EA # 4 3402-50
CONTROLS, PHOROELESTRS PR iggheY Rial Fuser oe

- 7085
Fon ROADERY IRMETRG, 260 VOLE, BITTON FYFE Sc8 APE,
: Bi bernntg, 118700 7

Severe: i 4 poeae-be “1?

+ Fishes Perce, spec nls TOTAL BID PRICE: $_/2
tote nk poceste 6 tach Acrennnte (175,760.00)

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 42 of 62
02/28/2003 10:32 Fat

002,

osattienohtten From ORER EXT

REL’

Ans Acalysiands Comper

sre

To: City of Chicago, Bureau of Electricty
Ghieago, IL

Mr, Joo Gil,

foe Pou «Pate

‘Amarican Beco Lighting
‘Acaty Ughting Group ne
‘$30 aarval Douevare
Conyers, GA 30012

ebruay 28, 2008

‘THis LETTER IS CONFIRM THAT PRODUCTION DYNAMICS IN CHICAGO, IL IS AN
AUTHORIZTED DISTRIBUTOR OF AMERICAN ELECTRIC LIGHTING INCLUDING OARK TO

UcsT,

PLEASE CALL ME AT 770-860-2251 OR BERNIE AMMERMAN, KONNERTH SALES & BELL 8

(GUSTUS AT 630-907-6085 IF YOU HAVE ANY QUESTIONS.

Sinceyely, l
Bory brew

Manager, Market Development
‘Amatioan Elect Lighting
INDICATE IF YOU ARE:

MANUFACTURER: Yes: No:
EXCLUSIVE DISTRIBUTOR": Yes: No:
AUTHORIZED DISTRIBUTOR": ves NO:

EXCEPTIONS (EXPLAIN):

BID DATA
MANUFACTURER NAME: Fy siscar Pieces

CATALOG DESIGNATION (ese fertile PS

ADDRESS:

PHONE:
CONTACT PERSON:

LOCATION OF FACILITY WHERE INVENTORY IS MAINTAINED:
ADDRESS:

PHONE:

ADDITIONAL INFORMATION:

EXCEPTIONS (EXPLAIN):

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 43 of 62
‘TO BE EXECUTED BY A CORPORATION

The undersigned, hereby acknowledges having received Specification No. B2-28527-02A General Conditions,
3) Special Conditions, 4) Contract Plans or Drawings (if applicable) 5) Detaled Specifications or Scope of
‘Services, Evaluation/Selection Criteria and Submittal Requirements (If RFP/RFQ), 6) Proposal Pages, 7)
Certifications and 8) Addenda Nos. (none unless indicated here). and
affirms thatthe corporation shal be bound by all the terms and conditions contained inthe Contract Documents,
regardless of whether a complete set thereof is attached to this proposal, except only to the extent that the
Corporation has taken express written exception thereto in the sections of this specification designated for that
purpose.

Further, the undersigned being duly swom deposes and says on cath that no disclosures of ownership interests
hhave been withheld and the information provided therein to the best of its knowledge is current and the
‘undersigned has not entered into any agreement with any other bidder (proposer) or prospective bidder
(proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other
proposal, nor any agreement or arrangement under which any act or omission in restraining of free competition
‘among bidders (proposers) and has not disciosed to any person, fim or corporation the terms of this bid
(proposal) or the price named herein

NAME OF CORPORATION: Pree hse trem Dyrismnaiss S

Fara hes

euruncorwesoen LLetelil Lierd/
seurunsore

TITLE OF SIGNATORY: Prepulent

susiness a00RESS: _-95S/_S. Codbuge: Gurnee
wt

“Note: In the event that this bid (proposal is signed by other than the President, attach hereto a certified copy
of that section of Corporate By-Laws or other authorization, such as a resolution by the Board of

Directors, which permits thp person to sign the offer for the Corporation.
ATTEST: (Affox Comorate Seal)
Capita Secrigf Sipative

state ot _Z/
County of cena E
‘This instrument was acknowledged before me on this 2944. day of o< resp".
2002 by Chore Bewks _ as President (or other authorized officer) and
Chiawhe. Beals #8 Secretary of es

(Comoren Nene

$8 TAT SEAT
KENNET ELSTON

BoA FUR SAT OF ALN

tary Pubic Signature
(Seal) Commission Expires:

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 58 of 62
‘TO BE EXECUTED BY A PARTNERSHIP

“The undersigned, hereby acknowledges having received Specification No. B2-28527-02A containing a fll st
of Contract Documents, including, but not limited t, 1) Instructions to Biers (Proposes), 2) General Condens, 3) Special
Conditions, 4) Contract Pans or Drawings (if applicable) 5) Detailed Specification or Scope of Services, Evaluation/Selecton
(Criteria and Submittal Requirements (If RFP/RFQ), 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless
indicated here) and aims tha the partnership shall be bound by all the terms and
conditions contained inthe Contract Documents, regardles of whether a complet se thereof attached to ts proposal, execpt
‘only to the extent that the partnership has taken express writen execpton thereto inthe sections of ths specication

for that purpose.

Further, the undersigned being duly swom deposes and says on oath that no disclosures of ownership interests have been
‘wield and the information provided therein tothe best of ts knowledge is current and the undersigned has not entered into
any agreement with any other bidder (propose) or prospective bidder (proposer) or with any other person, firm or corporation
‘lating tothe price named inthis proposal or any other proposal, nor any agreement or arrangement under which any actor
‘mission in restraining of free competition among bidders (proposers) and has not disclosed to any person, firm or corporation
the terms ofthis bid (proposal) o the price named herein.

BUSINESS NAME:
BUSINESS ADDRES!

Ifyou are operating under an assumed name, provide County registration number hereimunde as provided inthe Minos Revised
States 1965 Chapter 96 See. 4 et se,

Regstration Number:

SIGNATURES AND ADDRESSES OF ALL MEMBERS OF THE PARTNERSHIP
(Fall General Partners donot sgn, indicate authority of partner signatories by attaching copy of partnership agreement
or other authorizing document):

Partner Signature: Address:

State of.
County of.
‘Subscribed and sworn to before me by each of the foregoing individuals this___day of. 20
(Sea
oe PORE Rare

‘Commission Expires

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 59 of 62
TO BE EXECUTED BY A SOLE PROPRIETOR

‘The undersigned, hereby acknowledges having received Specification No, 62-28627-02A containing a fll set
‘of Contract Documents, inluding, but nt limited to, 1) Instructions to Bidders (Proposes), 2) General Conditions, 3) Special
‘Conditions, 4) Contract Plans or Drawings (if applicable) 5) Detailed Specifications or Scope of Services, Evaluaton/Slecton
(Criteria and Submital Requirements (If RFP/RFQ), 6) Proposal Pages, 7) Cerifications and 8) Addenda Nos. (none unless
indicated here) and affirms that te sole proprietor shall be bound by al the terms and
conditions contained inthe Contract Documents regardless of whether a comples st thereof is attached to this proposal except
‘only tothe extent thatthe sol proprietor has taken express writen exception thereto in the Sections ofthis specication
designated for that purpose.

Further, the undersigned being duly swom deposes and says on oath that no disclosures of ownership interests have been
‘Withheld and the information provide therein tothe best of its knowledge is curent and the undersigned has not entered into
any agreement with any’ other bidder (proposer) or prospective bidder (propose) or with any other person, firm or corporation
‘lating tothe price named inthis proposal or anyother proposal, nor any agreement oF arrangement under which any actor
‘mission in restraining of fee competition among bidders (proposers) and has not dscloned to any person, frm or corporation
the terms of this bid (proposal) orth price named herein.

‘SIGNATURE OF PROPRIETOR:

DOING BUSINESS AS:

[BUSINESS ADDRESS:

i

Ifyou are operating under an assumed name, provide County registration number hereimunder as provided inthe linois Revise’
Statutes 1965 Chapter 96 Sec. 4 et seq

Repisration Number
Stat of

County of

‘This instrument was acknowledged before me on this __day of. .
20__by rae persons)

(Seal) Commission Expires

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 60 of 62
‘ACCEPTANCE

‘The undersigned, on behalf of the CITY OF CHICAGO, a municipal corporation of the State of Ilinois, hereby
‘accept the foregoing bid items as identified in the proposal

‘ne °
Total Amount of Contact $ of 175,760 2
Fund Chargeable: _O2- 8 | - OO - 3075-0 365-036 S

iy Compirolier

‘Chief Procurement Officer

Contract Awarded and Released on

this_ day of 20

‘Approved as to form and legality:

Assistant Corporation Counsel

‘Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 61 of 62
ACCEPTANCE

1, on behalf of the CITY OF CHICAGO, a municipal corporation of the State of Ilinois, hereby
390ing bid items as identified in the proposal

tof Contact §_ ep _ 175,760 2
Chargeable: _O2- 8] - 100 - 3095-0865-0365

Contract Awarded and Released on

this J+ day of byage 202.

Approved as to form and legality

Assistant Corporation Counsel

Specification: 82-28527-02A, PHOTOELECTRIC, LIGHTING CONTROLS, Page 61 of 62