INVITATION TO BID - City of Champaign

INVITATION TO BIDDate of Invitation to Bid:February 1, 2012Sealed bids for the following project are sought:HVAC Maintenance Services for City FacilitiesGeneral Project Description:Project Number:Bid No. 11/12-12Maintenance services of HVAC equipment at the City Building (102 North Neil Street), PoilceFacility (82 East University Avenue), Public Works Department (702 Edgebrook Drive), andMain Fire Station (307 South Randolph Street) for the period of April 1, 2012 through March31, 2014.Two (2) originals plus one (1) copy of your bid MUST be submitted at or before the dateand time specified below to:Office of the City Clerk102 North Neil StreetChampaign, IllinoisBID DUE DATE: Thursday, February 16, 2012BID DUE TIME: 10:00 a.m. PREVAILING TIMEBids will be publicly opened and read aloud 30 minutes after the Bid Due Time in theCity of Champaign Council Chambers 102 N. Neil Street, Champaign, IL 61820.Copies of the Bid Documents may be obtained from:Requesting Department:Public Works Department702 Edgebrook DriveChampaign, IL 61820Project Manager:Tom Schuh, Operations ManagerPublic Works DepartmentPhone: 217.403.4770The City reserves the right to waive technicalities or to accept or reject any bid orcombination of bids based upon the City’s determination of its best interest.- 1 - Form A-3 08/11

SECTION 1: INSTRUCTIONS TO BIDDERS1. Definition of TimeAll time limits designated as days within these documents shall be interpreted to meancalendar days unless otherwise specified. A calendar day is every day on the calendar.2. Receipt and Form of BidsA. Any bid received by the City Clerk after the date and time specified in theInvitation to Bid shall not be considered and shall be returned to the Bidderunopened.B. All bids and accompanying data must be submitted in conformity with, be basedupon, and be subject to all the requirements of the contract documents. Thefollowing documents must be submitted as part of the bid:1. The Bid Form (Form D-1)2. Bid Security (Form D-3 or D-4)3. Disclosure Affidavit (Form D-5 or D-6)4. Affirmative Action Compliance Forms (Form D-7 or D-8) OR Certificate ofApproval5. Any other documents required by the SpecificationsC. All required documents shall be enclosed in an opaque envelope sealed andclearly labeled with:1. Name, Address and Phone Number of the Bidder2. Project Title and Number (see Invitation to Bid)3. Bid Opening Date and Time (see Invitation to Bid)If forwarded by mail, the sealed envelope containing the bid must be enclosed inanother envelope addressed to the City of Champaign, c/o City Clerk, 102 NorthNeil Street, Champaign, IL 61820. The exterior envelope must also contain theProject Title, Number and Bid opening date and time.D. All blank spaces in the Bid documents must be filled in by using a typewriter,indelible ink, or word processor. Where amounts are given in both words andfigures, the words will govern. If there is a discrepancy between the total amountand unit price, the unit price will govern. The signer must initial any changes.E. The Bidder must sign the Bid Form. If the Bidder is a corporation, the Bid Formmust bear the name of the corporation, the corporate seal, and be signed by anofficer authorized to bind the corporation. If the Bidder is a partnership or limitedliability corporation (LLC), the Bid Form must bear the name of the partnership orLLC and be signed by a partner or member.3. Examination of Job Site and Contract DocumentsA. Each Bidder must examine the site of the proposed work and review any plansand/or project specifications, including any addenda, so that the Bidder may fully- 2 - Form A-3 08/11

understand the difficulties and restrictions attending the execution of the workcontemplated under the contract and satisfy themselves of the accuracy of thebid amount and estimate. The failure or omission of any Bidder to do any of theforegoing shall in no way relieve the Bidder from any obligation with respect to itsbid.B. Bidders shall thoroughly examine and be familiar with the general conditions andall other contract documents.C. Should a Bidder find discrepancies or omissions in the specifications or othercontract documents, or be in doubt as to the meaning of any requirement or term,the Bidder shall notify the City at least five (5) business days prior to the deadlinefor submission. The City will send written instructions in the form of anaddendum to all Bidders if the information is deemed necessary by the City insubmitting bids. The City will not be responsible for any oral instructions.The failure of the Bidder to request clarification prior to submitting the bid waivesthe Bidder’s right to claim any ambiguity or discrepancy in the documents.4. AddendaShould the City issue any addenda to the bid documents, the Bidder shall submitacknowledgement of receipt of the addenda on the Bid Form and the bid shall be basedon all addenda. Any addenda issued by the City shall be considered part of the biddocuments and failure to submit acknowledgement of the receipt of all addenda shall because for the City to reject the bid.5. Bid Prices NetBid prices shall be net, including therein transportation and handling charges F.O.B. Cityof Champaign, and shall further include all charges of whatsoever sort for labor,materials, utility costs, and all other charges contained in or required by the work ormaterials designated in the contract documents.6. Bid SecurityA. Bidders shall submit with each bid a bid bond reflecting TEN PERCENT (10%) ofthe total bid amount in the form contained in the bid documents. The bond shallbe secured by a certified check, letter of credit, bank draft, bank cashier’s checkor surety licensed to do business in the State of Illinois and be made payable tothe City of Champaign for the same amount. Bid security deposited by thesuccessful Bidder shall be retained or drawn on not as a penalty, but asliquidated damages in the event that Bidder fails to deliver fully executed contractdocuments, performance security, or certificates of insurance to the City withinfourteen (14) calendar days from the date the City sends the Notice of Award tothe Bidder. By submission of the bid, the Bidder acknowledges theimpracticability of calculating the actual damages which would be suffered by theCity and agrees that the sum posted represents reasonable liquidated damages.B. The City Clerk shall hold the bid security of the successful Bidder until allrequired contract documents have been submitted. Bid checks securing the bidbond, other than that submitted by the successful Bidder, shall be released to the- 3 - Form A-3 08/11

espective Bidder upon request after a reasonable period of time after award of acontract or rejection of the bid.7. Equal Opportunity in Purchasing Ordinance and Illinois Human Rights ActA. The Bidder shall comply with the Equal Opportunity in Purchasing Ordinance ofthe City of Champaign (Section 12.5-65 of the Champaign Municipal Code, 1985,as amended). Pursuant to the Ordinance, the Bidder must have on file aCertificate of Approval or an Affirmative Action Form plus an approvedAffirmative Action Plan before a bid can be awarded to the Bidder. Inquiriesconcerning this requirement may be directed to the Community Relations Office,102 N. Neil Street, Champaign, IL 61820 or by telephone at (217) 403-8830.B. The Bidder shall comply with the Illinois Human Rights Act, (775 ILCS 5/1-101, etseq). Particular attention is drawn to the provisions of 775 ILCS 5/2-105 as itrelates to public contracts.8. Conditional BidsA conditional or qualified bid or bid combination not authorized by the bid documents willnot be accepted.9. Withdrawal/Modification of Bid Before OpeningA. Prior to the time and date designated for receipt of bids, any bid submitted maybe withdrawn upon written request to the City Clerk provided said request isreceived by the City Clerk prior to the time and date designated for receipt ofbids. The Bidder must sign such request. If a request is submitted by facsimile,the original hard copy of the request must be mailed and postmarked on orbefore the date set for receipt of bids.B. Bidders who have withdrawn bids may still submit a bid up to the time designatedfor the receipt of bids provided that they are then fully in conformance with theseInstructions to Bidders.10. Award of Bid; Request to Withdraw After Bid OpeningA. The City intends to award the contract to the lowest responsive, responsibleBidder within one hundred twenty (120) calendar days after the actual the bidopening date. During this period, the bid constitutes an irrevocable offer subjectto acceptance by the City and the Bidder may not withdraw or attempt to changeits bid.B. If a contract is not awarded within the time period specified in 10(A), a Biddermay file a written request to withdraw its bid, bid bond and security, and the Citywill them permit such withdrawal. Until the bid is withdrawn as provided in thissection, the City may accept the bid.- 4 - Form A-3 08/11

11. Reservation of RightsA. The City of Champaign reserves the right to reject any and all bids, waive anyformality or technicality in the bids, or to extend any of the time limits set forthherein as the City, in its sole discretion, deems necessary.B. The City of Champaign is not obligated to accept the lowest bid and may awardthe contract in any manner in which it determines the interests of the City willbest be served. The City will use Sections 12.5-38 and 39 of the ChampaignMunicipal Code, 1985, as amended, for guidance, and any other criteria that maybe included in the contract documents.12. Qualifications of BidderThe City may make such investigations as it deems appropriate to determine the abilityof the Bidder to perform the work, and the Bidder shall furnish the City all suchinformation and data for this purpose as the City may request. The City reserves theright to reject any bid if the evidence submitted by, or investigation of such Bidder fails tosatisfy the City that such Bidder is properly qualified to carry out the obligations of thecontract and to complete the work contemplated therein.13. Payment and Performance BondThe successful Bidder will be required to furnish a Payment and Performance Bond asrequired by the General Conditions within fourteen (14) days of the Notice of Award.Bidders shall be familiar with the Performance Bond requirement contained in thecontract documents.14. Insurance RequirementsIf work will be performed on City property, or if professional services are sought, thesuccessful Bidder shall submit the required certificates of insurance as specified in theGeneral Conditions within fourteen (14) days of the Notice of Award and prior toexecution of the contract by the City. Bidders shall be familiar with the insurancerequirements specified in the General Conditions or as modified by specifications.15. Applicability of LawsAll applicable laws, ordinances and the rules and regulations of all authorities havingjurisdiction over the project shall apply to the contract throughout.16. Prevailing Wage Act – Davis-Bacon ActA. This contract is subject to the Illinois Prevailing Wage Act (820 ILCS 130/1 etseq), as amended to date, unless superceded by the Davis-Bacon Act orotherwise stated. Pursuant to the Illinois Prevailing Wage Act, the City ofChampaign has determined prevailing rates for various classifications of workersand the latest determination of these rates is included as part of the biddocuments. The contractor shall pay its workers not less than the prevailingrates so determined and comply with the Act’s requirements, including but not- 5 - Form A-3 08/11

limited to the keeping of accurate records showing the names and occupation ofall laborers, workers and mechanics employed on this contract. The recordsshall show the actual hourly wages paid to each such person. Should the rateschange during the contract period, the Contractor shall pay its workers not lessthan the rates in effect.B. To the extent it is applicable, the Bidder shall comply with the Federal Davis-Bacon Act rather than the Illinois Prevailing Wage Act referred to above.17. Veteran’s Preference Act and Employment of Illinois Workers on Public Works ActThe Contractor shall comply with the Veterans Preference Act (330 ILCS 55/1 et seq.,)and the Employment of Illinois Workers on Public Works Act (30 ILCS 570- 0.01 et seq)in the employment and appointment to fill positions in the construction, addition to, oralteration of any public works.18. Local Preference19. TaxesFor purchases of $5,000 or greater, local vendors will be given a preference as providedin Section 12.5-34 of the Champaign Municipal Code, 1985, as amended, which allows apreference in the case of bids within the lesser of $2,000 or two percent (2%).Bids shall include applicable taxes. The City is exempt from Illinois sales tax andFederal Excise Taxes.- 6 - Form A-3 08/11

SECTION 2 – TECHNICAL SPECIFICATIONSMaintenance Services of HVAC Equipment at City Facilitiesfor the period of April 1, 2012 through March 31, 2014Bid No. 11/12-12Intent. The intent of this Invitation to Bid is to establish a service contract for preventivemaintenance services of HVAC equipment at the City Building, Police Facility, Public WorksDepartment, and Main Fire Station.PART A - SPECIFICATIONS1. Facilities IncludedThe following facilities are to be included in this contract:A. City Building, 102 North Neil Street, Champaign, ILB. Police Facility, 82 East University, Champaign, ILC. Public Works Department, 702 Edgebrook Drive, Champaign, ILD. Main Fire Station, 307 S. Randolph, Champaign, IL2. Systems and Equipment CoveredThis proposal shall cover all heating, air conditioning, and ventilation equipment including, butnot limited to the following: Boilers, pumps, fans, motors, temperature controls, hydronic pipinginside of equipment rooms and related equipment in the facilities listed in Section 1.Boiler tube and refractory materials shall be included as well as gaskets, seals, and relatedequipment/parts. The following items pertaining to the HVAC system and equipment are notincluded in this agreement: Replacement or repair of ductwork or unit cabinets, maintenanceor repair of electrical wiring (except controls wiring), drains, and modifications of the system tocomply with recommendations or directives of insurance companies or governmental agencies,hydronic piping outside of the equipment rooms.3. Preventive MaintenanceThis contract shall include preventive maintenance on all covered systems and equipmentconsistent with the preventive maintenance schedule with the Contractor shall provide withinthirty (30) days of the receipt of the Notice to Proceed letter from the City of Champaign.Specific maintenance intervals will be determined by equipment run time, application, location,and in accordance with manufacturer’s specifications unless otherwise agreed upon by theCity’s representative. This contract covers all necessary tools, equipment, labor, travel, parts,and materials as required. Work to be performed shall include, but not be limited to, thefollowing:Maintenance ActivityA. Any unusual equipment operation or inoperativeequipment will be noted and service will be performed.B. All access panels and control covers are to be in placeand properly secured.C. All heating and air conditioning filters are to be inspectedfor condition and are to be cleaned or replaced asapplicable.Maintenance FrequencyEvery visitEvery visitSix (6) times per yearJ:\PURCHASING\Contract Documents for various projects\Building Services\HVAC-2012\Technical Specs.doc1

Maintenance ActivityD. Filter maintenance and materials on all air distributionequipment is to be included at the rate of six times peryear.E. All motors and pumps that require lubrication shall beoiled as required.F. Condensing coils on all equipment covered by thisagreement are to be cleaned thoroughly and inspectedfor condition as requiredG. Evaporator coils on all equipment covered by thisagreement are to be cleaned thoroughly and inspectedfor condition as required.H. All condenser and evaporator fan motors and blades areto be inspected for condition and cleaned as required.I. All heating and air conditioning unit fan drive belts are tobe checked for condition and tension. Adjustments willbe made as required. Replacement of belts will beaccomplished as required.J. Oil levels in compressors will be checked for proper levelas applicable.K. Water heaters and gas furnaces to include heat andcombustion chambers, pilot lights, or igniters, controls,and burners, are to be checked as necessary or cleanedas needed, to assure proper operation.L. Water treatment, the necessary chemicals and testequipment are to be included as required by the boilermanufacturer. Chemicals should be checked semiannually.M. Heating elements and wiring are to be checked annuallyor as needed.N. Check and record temperatures, pressures, operatingamperages and voltages at intervals specified by themanufacturer’s specifications. Adjustments should bemade as needed.O. Each temperature control device (pneumatic andelectrical) shall be examined, cleaned, adjusted, andcalibrated to provide efficient operation and reducebreakdown to a minimum. Each control shall beoperated through its span, range, and stroke to insurethat the control is functioning as it should, as a part ofthe control system. This shall be performed annually oras needed.Maintenance FrequencySix (6) times per yearFour (4) times per yearTwo (2) times per yearTwo (2) times per yearTwo (2) times per yearTwo (2) times per yearTwo (2) times per yearTwo (2) times per yearTwo (2) times per yearOne (1) time per yearOne (1) time per yearOne (1) time per year4. Repair and Component ReplacementA. This contract will cover all necessary tools, equipment, labor, travel, parts, materials,components, and all other expenses required to keep equipment covered as listed in 2,Systems and Equipment Covered, in good working order. When conditions warrant, theContractor will repair and/or replace worn, broken, or doubtful parts or completeJ:\PURCHASING\Contract Documents for various projects\Building Services\HVAC-2012\Technical Specs.doc2

components with new parts or reconditioned parts of similar manufacture, at no additionalcharge to the City.B. The Contractor shall not be required to make replacements or repairs necessitated byreason of neglect of anyone other than the Contractor’s own employees, or by reason ofany other cause beyond the Contractor’s control. Ordinary wear and tear of parts andequipment shall not be considered as cause beyond the Contractor’s control.C. Any major component replacement, defined as boilers, compressors, condensing units,evaporators, motors, or pumps with a replacement cost in excess of fifteen hundred dollars($1,500) needed to be made on equipment that is older than seven (7) years old, shall bedone:1. With approval of the Building Services Supervisor or the Public Works OperationsManager, and2. with the City paying for the cost of the replacement component(s) and the Contractorproviding the labor, supplies, and materials necessary to perform the replacement.Note: On the equipment that is less than seven (7) years old, the Contractor is responsiblefor the entire cost of the replacement.D. The Contractor shall be free to start and stop equipment as necessary, but in doing so,shall not cause interference with the City’s operations.E. In the event that systems not covered under this agreement would require repair, the Citycould contract for those repair services with the Contractor on a time and material basis andusing the current Champaign County prevailing wage rates for the appropriate craft class.The Contractor would agree to charge no more than a ten (10) percent profit and overheadto supplies, parts, and materials. The Contractor would agree to charge no more than ten(10) percent of the prevailing wage rate for overhead and profit and mileage would becharged at $.50 per mile.5. Preventive Maintenance Service Schedule and Service CallsA. Preventive Maintenance. As part of the agreement, within thirty (30) days for the receipt ofthe Notice to Proceed, the Contractor shall supply a written preventive maintenance serviceschedule specifying the approximate dates when various items of preventive maintenanceare to be completed to the City representative for approval. All work shall be performed inan orderly and diligent manner. The Contractor shall cooperate with and conform torequests of the City to expedite particular portions of the work where such alteration of theContractor’s operation is deemed advisable by the City.B. Service Calls. The Contractor shall have a dispatcher available at one phone number,twenty-four (24) hours a day and shall provide prompt response to service calls on a 24-hour/7-day-a-week basis.1. If the City notifies the Contractor that such a service call is in the nature of anemergency, the Contractor shall begin actual remedial work within two (2) hours afterreceipt of such notification.J:\PURCHASING\Contract Documents for various projects\Building Services\HVAC-2012\Technical Specs.doc3

2. Remedial work on non-emergency service calls shall commence within twenty-four (24)hours after notification or as the City directs. Unless otherwise directed by the City, allnon-emergency service shall be performed during regular working hours. For thepurpose of the specification, an emergency condition exists when covered systems andequipment cause or contribute to interference with the City’s operations, risk toproperty, or risk to the health and/or safety of City employees.C. Service Technician Residency Requirement. To ensure the City has adequate coverage,during the term of this contract, the Contractor must employ one (1) qualified servicetechnician who resides and maintains a residence within twenty (20) miles of the City ofChampaign City limits.6. DelaysIf the Contractor is delayed in the prosecution of the preventive maintenance service schedule,in response to a service call, by any act or neglect of the City, or by strikes, fire, unavoidablecasualties, or any cause beyond the Contractor’s control, then the time of service will beextended for a reasonable time. Weather conditions or the time a service call is made by theCity is not a condition that will be considered for an extension of time. Such reasonable timewill be decided by the City.A. Preventive Maintenance. Within five (5) days from the beginning of any delay to thepreventive maintenance service schedule, the Contractor shall notify the City in writing ofthe cause of the delay and, therein, specify the number of days of extension required.B. Service Calls. Within two (2) hours from the beginning of any such delay to a service call,the Contractor shall notify the City or its designated representative by phone of the cause ofdelay and the period of extension requested.C. Miscellaneous Work. Unless a request for preventive maintenance or service call has beenapproved by the City, the Contractor shall perform the work requested as set forth inSection 5, Preventive Maintenance Service Schedule and Service Calls of this agreement.If such requests are not made as herein provided, it shall be deemed as waived and theContractor shall be construed to be in breach of this agreement. Unless due to anextraordinary and exceptional nature, weather conditions shall not be a justifiable cause fordelay.7. Service Call ReportsAt the conclusion of each service call, the Contractor shall provide a written report for the City’sapproval detailing the work performed in the form of a service report. Included in the reportshall be the following:Hours and date of service performanceThe service technician(s) who performed the workThe component the work was performed onDescription of work performedAn itemized description of parts and materials usedNo less than quarterly, the Contractor shall meet with the City’s representative on the City’spremises to detail performance on the work performed and to report on compliance or noncompliancewith the preventive maintenance schedule. If, in the opinion of the City, theJ:\PURCHASING\Contract Documents for various projects\Building Services\HVAC-2012\Technical Specs.doc4

Contractor has fallen behind the service schedule, the Contractor shall take such steps as maybe deemed necessary by the City to improve progress.8. Lock-Out/Tag-OutThe Contractor and its employees shall abide by the City of Champaign Lock-Out/Tag-OutPolicy when working on equipment or performing preventive maintenance that necessitates useof lock-out/tag-out devices. This equipment would include any equipment that could beremotely energized. For further information, a copy of the policy is available upon request.PART B – BID REQUIREMENTS1. Bidder ExperienceEach potential bidder must have extensive experience in commercial HVAC repair and service,including boilers, commercial water heaters, radiant tube heaters, air handlers, Leibert units,pneumatic controls, and computer-monitored systems.2. Bidder informationPrior to awarding the contract, the City may require a detailed statement from the bidderregarding the business and technical organization and operations plan for the work that iscontemplated. Information pertaining to financial resources, experience of personnel, andpreviously completed similar projects may also be required. The competency, experience, andresponsibility of bidders will be considered in making awards.3. Background CheckThe Contractor awarded the bid will be required to have any service people who may performwork at the Police Department successfully pass a background check.4. TermThis agreement shall be in effect from April 1, 2012 through March 31, 2014.5. Termination of the AgreementThis agreement may be terminated by the City at any time with 30 days written notice. In theevent the Contractor fails to perform as required under this agreement, the City may terminateupon written notice of failure to perform and after three days have elapsed without completionof the required work to the City's satisfaction.J:\PURCHASING\Contract Documents for various projects\Building Services\HVAC-2012\Technical Specs.doc5

SECTION 3: BID FORMProject Name:HVAC Maintenance Services for City FacilitiesProject Number:Bid No. 11/12-121. The undersigned submits the following bid for the above referenced project.2. The undersigned has familiarized himself/herself/itself with all of the conditions affecting thecontract and the detailed requirement of performance, and understands that in making this bid,the Bidder waives all right to plead any misunderstanding regarding the same.3. Bidder offers to furnish and provide all necessary labor, supervision, equipment, vehicles, fueland other materials required to perform as contemplated by the contract documents for theamount set forth in Section II below.4. The undersigned further agrees to ship the products and equipment and/or to perform the workin such manner and with sufficient materials, equipment and labor as will ensure its completionin accord with all expectations as set forth in the bid packet and contract documents and as setforth in Section IV below.5. The undersigned agrees to submit to the City a signed contract, certificate of insurance, anyrequired performance bond, and all other documents required within fourteen (14) days afterthe date of the Notice of the Award is sent to him/her/it.Accompanying this bid is a bank draft, bank cashier's check, certified check or bid bond issuedby a surety licensed to do business in Illinois, or letter of credit, complying with therequirements of the specifications and instructions, made payable to the City of Champaign inthe amount set forth in Section III below.If this bid is accepted and the undersigned shall fail to execute a contract or submit evidence ofinsurance, performance bond or other documents as required in the contract documents, it ishereby agreed that the amount of the check, letter of credit, draft or bidder's bond shall becomethe property of the City, and shall be considered as payment of damages due to delay andother injuries suffered by the City because of the failure to execute said contract; otherwise,said check, letter of credit, draft, or bidder's bond, shall be returned to the undersigned as setforth in the Invitation and Instructions to Bidders.6. I certify that this bid has been prepared under my personal supervision and with my fullknowledge. I propose to furnish only those items of service specified. I will not petition the Cityfor a substitution of the specified services, unless previously approved in accordance with theInvitation and Instructions to Bidders.7. It is further agreed by Bidder that this bid may not be withdrawn from consideration ofacceptance for a period of one hundred twenty (120) days from opening bids.8. The undersigned acknowledges receipt of the following addenda:ADDENDA NO.DATE OF ADDENDA- 1 - Form D-1 01/05

9. I hereby attach my schedule of Unit Prices, completed specification forms, warrantyinformation, affidavits, and all other materials required by the contract documents.I. (Please Type or Print)Name and Address of Bidder: ______________________________________________________________________________________________________________________________________________________Phone:__________________________________________________Fax and Email:__________________________________________________II.Bid Amount:_______________________________________________________III. (Circle One)Bid Bond / Certified Check / Cashier Check / Bank Draft / Letter of CreditIV.Bond Amount: _____________________(10% of Bid Amount) (Item MUST be attached to this form)Shipping Date: Contract is in effect from April 1, 2012 through March 31, 2014OrWithin days of receipt of a Notice to ProceedBY:_______________________________(Signature)DATE:_________________________________________________(Title)If a corporation, affix sealATTEST:__________________________- 2 - Form D-1 01/05

Bid or Proposal Bond(Secured by Surety)We, _____________________________, as Principal, and ______________________,as Surety, are held and firmly bound unto the City of Champaign, Illinois (hereinafter referred toas “City”) in the penal sum of $_________________________. We bindourselves, our heirs, executors, administrators, successors, and assigns, jointly to pay tothe City this sum under the conditions of this instrument.WHEREAS, the condition of the foregoing obligation is such that the saidPrincipal is submitting a written bid/proposal to the City acting through its awarding authority forthe performance of the work for the Project described in the Contract Documents towhich this is attached.THEREFORE, if the bid/proposal is accepted and a contract awarded to the Principal bythe City for the above designated Project, and the Principal shall within fourteen (14) calendardays after award enter into a formal contract, furnish surety guaranteeing the faithfulperformance of the work and payment of all persons who might claim a lien on such work, andfurnish evidence of the required insurance coverage, all as provided elsewhere in these ContractDocuments, then this obligation shall become void; otherwise it shall remain in full force andeffect.IN THE EVENT the City determines the Principal has failed to enter into a formalcontract or furnish surety guaranteeing the faithful performance of the work and payment of allpersons who might claim a lien on such work or furnish evidence of required insurance incompliance with any requirements set forth in the preceding paragraph, then the City actingthrough its awarding authority shall immediately be entitled to recover the full sum set out above,together with all court costs, all attorney fees, and any other expense of recovery. The Principaland Surety hereby agree that said sum is a reasonable amount of damages incurred by the City.IN TESTIMONY WHEREOF, the said Principal has caused this instrument to be signedby its respective officers and its corporate seals if it is a corporation to be hereunto affixed thisday of ________________________, 20 .PRINCIPAL: (Company Name)(SEAL)By: (Signature and Title)Form D-3 01/05

SURETY: (Name)(SEAL)BY: (Signature of Attorney-in-Fact)STATE OF )COUNTY OF )) ss.I, , a Notary Public in and for said county and State, do hereby certify that ,as Principal, and , as Surety, who are each personally known to me to be the samepersons whose names are subscribed to the foregoing instrument on behalf of Principal andSurety, appeared before me this day in person and acknowledged respectively, that theysigned, sealed and delivered said instrument as their free and voluntary act for the uses andpurposes therein set forth.SUBSCRIBED and SWORN to before me this _____ day of __________________, 20___My commission expires: _____________________________________________________Notary PublicNOTE: Improper execution of this form (i.e. missing signature or notary public seal) may resultin the bid/proposal being declared irregular.J:\Leg\WORD\RRO\2005 Contract Documents\D - Additional Documents\D-3 - Bid or Proposal Bond - secured by surety.docForm D-3 01/05

Bid or Proposal Bond(Secured by Certified Check, Letter of Credit, Cashier’s Check or Bank Draft)We, __________________________, as Principal, are held and firmly bound unto theCity of Champaign, Illinois (hereinafter referred to as “City” in the penal sum of $____________.I bind myself, my heirs, executors, administrators, successors, and assigns, jointly to pay to theCity this sum under the conditions of this instrument.WHEREAS the condition of the foregoing obligation is such that the said Principal issubmitting a written bid/proposal to the City acting through its awarding authority for workdescribed in the Contract Documents to which this Bid/Proposal Bond is attached.THEREFORE, if the bid/proposal is accepted and a contract awarded to the Principal bythe City for the above designated work, and the Principal shall within fourteen (14) calendardays after award enter into a formal contract, furnish surety guaranteeing the faithfulperformance of the work and payment of all persons who might claim a lien on such work, andfurnish evidence of the required insurance coverage, all as provided elsewhere in theseContract Documents, then this obligation shall become void; otherwise it shall remain in fullforce and effect.IN THE EVENT the City determines the Principal has failed to enter into a formalcontract or furnish surety guaranteeing the faithful performance of the work and payment of allpersons who might claim a lien on such work or furnish evidence of required insurance incompliance with any requirements set forth in the preceding paragraph, then the City actingthrough its awarding authority shall immediately be entitled to recover the full sum set outabove, together with all court costs, all attorney fees, and any other expense of recovery. ThePrincipal hereby agrees that said sum is a reasonable amount of damages incurred by the City.IN TESTIMONY WHEREOF, the said Principal has caused this instrument to be signedby its respective officers and its corporate seal, if it is a corporation to be hereunto affixed thisday of ______________________, 20 .PRINCIPAL: (Company Name)(SEAL)By: (Signature and Title)Form D-4 01/05

STATE OF )COUNTY OF )) ss.I, , a Notary Public in and for said county and State, do hereby certify that ,as Principal, who is personally known to me to be the same person whose name is subscribedto the foregoing instrument on behalf of Principal, appeared before me this day in person andacknowledged that he/she signed, sealed and delivered said instrument as his/her free andvoluntary act for the uses and purposes therein set forth.SUBSCRIBED and SWORN to before me this _____ day of __________________, 20___My commission expires: _____________________________________________________Notary PublicNOTE: Improper execution of this form (i.e. missing signatures or seals or incompletecertification) may result in bid/proposal being declared irregular.J:\Leg\WORD\RRO\2005 Contract Documents\D - Additional Documents\D-4 - Bid or Proposal Bond - secured by other.docForm D-4 01/05

CONTRACT FOR PRODUCTS AND SERVICESProject Name and Number: Bid No. 11/12-12CONTRACT AMOUNT: $CITYVENDORBY:_____________________________City ManagerATTEST: ________________________City ClerkCOUNCIL BILL #:______________DATE APPROVED BY COUNCIL:______________Department: Public WorksAPPROVED AS TO FORM:BY:___________________________________Printed Name:Print Title:Contact: Tom Schuh, Operations Manager1. DefinitionsThe following terms when used in the contract documents shall be defined as follows:A. “City” – The City of Champaign, Illinois. When the contract is for purchases by Metcad orThe Champaign Public Library, the term “City” shall mean “City of Champaign as agentfor” the pertinent agency.B. “City Representative” – The person or entity identified in the Invitation to Bid or Requestfor Proposals, Quotes or Qualifications authorized by the City to act, give and receiveinformation and direct the project on the City’s behalf within the scope of the contractterms and the City’s ordinances.C. "Construction" - All work on public works involving laborers, workers or mechanics.D. “Contract Documents” – In addition to this document, the “Contract” shall include:1. The Invitation and Instructions to Bidders or Request for Proposals, Quotes orQualifications and any addenda;2. Plans and Specifications and any addenda;3. Disclosure Affidavit;4. Affirmative Action Certificate or forms;5. Completed Bid or Proposal Form;6. Insurance forms (see Section 16);7. Performance Bond (see Section 21);8. Vendor’s bid, proposal, scope of work or quote to the extent not inconsistent with allother Contract Documents;9. Validly executed Change Orders.In case of conflict, the more specific shall control over the more general.E. “Contract Price” – The total amount payable by the City to the Vendor for the workperformed and materials used or provided.F. “Public Work” – All fixed works constructed for public use by any public body, other thanwork done directly by any public utility company, whether or not done under publicsupervision or direction, or paid for wholly or in part out of public funds. This includes allprojects financed in whole or in part with bonds issued under the Industrial ProjectRevenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the IndustrialBuilding Revenue Bond Act, the Illinois Finance Authority Act, the Illinois Sports Facilities1 Form B-1 11/22/11

Authority Act, or the Build Illinois Bond Act, and all projects financed in whole or in partwith loans or other funds made available pursuant to the Build Illinois Act.G. “Subcontractor” - The person, firm or corporation, other than a Vendor, supplying laborand equipment or labor for work at the site of the project.H. “Vendor” – The person, firm or corporation to whom the contract is awarded by the City,and who is subject to the terms thereof; may also be referred to as “Contractor”.I. “Work” – All labor, materials, equipment and services required to be performed by theVendor under the Contract Documents, including submission of all documents to besubmitted by the Vendor.2. Intent of the Contract DocumentsThe Contract Documents are complementary and what is called for by any one shall be asbinding as if called by for all. The intention of the Contract Documents is to include in theContract Price the cost of all labor and materials, equipment, utilities for which a separate service,other than the City’s service lines, is required, transportation and all other expense as may benecessary for the complete performance of the Contract.In interpreting the Contract Documents, words describing materials or words which have a wellknowntechnical or trade meaning, unless otherwise specifically defined in the ContractDocuments, shall be construed in accordance with such well-known meaning recognized byarchitects, engineers or the trade.3. Silence of Specifications4. TimeThe apparent silence of the specifications as to any detail or apparent omission from it as to adetailed description concerning any point shall be interpreted as meaning that only the bestcommercial material or practice shall prevail and that only items of the best materials orworkmanship are to be used.A. Beginning Work: The Vendor shall complete the work on or before the time indicated inthe Specifications. All work shall be prosecuted in an orderly and diligent manner. TheVendor shall cooperate with and conform to the requests of the City to expedite particularportions of the work where such alteration of the Vendor’s’ operation is deemed advisableby the City. Time is of the essence of this agreement.B. Delays: If the Vendor is delayed in the completion of the work by any act or neglect ofthe City or by any other Vendor employed by the City, or by strikes, fire, lockouts,unavoidable casualties or any cause beyond the Vendor’s control, then the time ofcompletion will be extended for a reasonable time, such reasonable time as the City maydecide. The Vendor shall, within two (2) calendar days from the beginning of any suchdelay, notify the City in writing of the cause of delay. If notice is not provided, the Vendorhereby waives any claim for such a delay. Weather conditions shall not be a justifiablecause for delay.5. Materials and Workmanship – QualityA. Materials; Grade & Title: Unless otherwise specifically called for in the Specifications, allmaterials and articles incorporated in the work covered by this Contract shall be new, ofthe best grade and consistent with the specifications. When called for by the City, theVendor shall at no cost furnish to the owner for approval full information concerning thematerials or articles to be incorporated in the work, including reasonable test resultswhen requested. The Vendor warrants that it has lien free title to all equipment, suppliesor materials supplied under the terms of this Contract.2 Form B-1 11/22/11

B. Workmanship: All work performed shall be performed and accomplished in a first classand workmanlike manner to the satisfaction of the City and in accordance with the bestpractice standards and standard specifications recognized in the field unless specificallyprovided for otherwise in the Specifications or approved by the City in writing.C. Hold Harmless – Patents and Copyrights: The Vendor shall defend and hold the City, itsofficers, agents and employees, harmless from liability of any nature or kind on accountof use of any copyrighted or uncopyrighted composition, secret process, patented orunpatented invention, article or appliance furnished or used under this Contract.6. Materials and Workmanship – WarrantyA. The Vendor warrants that the equipment, materials, articles and workmanship used in thework or performed shall be free from defects, suitable for the particular purpose intended,and merchantable. The Vendor shall correct defective work and replace defectivematerials at the Vendor’s own cost which becomes apparent within one (1) year from thedate such defective work or materials should have been reasonably discovered. Anywarranty work and materials supplied pursuant to warranty requirements shall beguaranteed for a period of one year from the date the warranty work or material issupplied and, where applicable, installed.B. Nothing contained herein shall prohibit the City from invoking or pursuing all otherremedies available in law or equity.7. Compliance With Law, Notices, PermitsThe Vendor shall comply with all applicable Federal and state laws, and local ordinances, rulesand regulations as the same exist and may be amended from time to time. Should the Vendorfail to observe the aforementioned laws, ordinances, rules and regulations, and do work atvariance therewith, the Vendor shall correct the methods of doing such work without cost to theCity, even if such deficiency is discovered after the date of final inspection or payment. TheVendor shall be responsible for obtaining any necessary permits and providing any and allnotices required for performance of the work.8. Cleaning UpThe Vendor shall at all times keep the work-site free from accumulations of waste materials orrubbish caused by the Vendor’s employees or the work. At the completion of the work theVendor shall remove all its rubbish from the site and all its tools, equipment, and surplusmaterials and shall leave the work clean and ready for use. In case of dispute, the City mayremove the rubbish and surplus materials and charge the cost to the Vendor.9. Disposal of Solid WasteA. Should the Vendor or any of its subcontractors discover any suspected hazardousmaterials as defined by State or Federal law on the work site, Vendor shall immediatelycease work, except as necessary to protect the public’s health and safety andimmediately notify the City of its suspicions. The City shall be responsible for theremoval and disposal of hazardous material after it is reported to the City. Should theVendor or its subcontractors remove any hazardous material as part of the Contractwork, the Vendor shall ensure its disposal in accordance with all applicable laws andprovide the City with appropriate documentation of its property disposal. Vendorwarrants it has no knowledge of any such hazardous materials as of the date of thisagreement.B. Should the Vendor be required to dispose of solid waste as a result of the serviceperformed for the City, the Vendor shall provide the City with proof that the solid wastewas legally disposed of prior to payment for work which included such disposal.3 Form B-1 11/22/11

10. Accident PreventionThe Vendor shall exercise all reasonable protection at all times for the protection of all personsand property and shall be responsible for all damages to persons or property, either on or off thesite, which occur as a result of the Vendor’s fault or negligence in connection with the prosecutionof the work.Termination of this Contract shall not be deemed a waiver of Vendor’s responsibility. The Vendorshall observe all safety provisions of applicable laws; and, building and construction codes shallbe observed; and, the Vendor shall take or cause to be taken such additional safety and healthmeasures as the City may determine to be reasonably necessary to protect the City.11. SubcontractorsA. No Contractual Relationship: Nothing contained in the Contract Documents shall createany contractual relationship between any subcontractor and the City.B. Responsibility of Vendor: The Vendor agrees to be fully responsible to the City for theacts or omissions of its subcontractors and of anyone employed directly or indirectly bythe Vendor and/or subcontractors and this Contract obligation shall be in addition to theliability imposed by law upon the Vendor.12. Inspections, Correction and RejectionThe City shall have the right to reject materials and workmanship that are defective or requirecorrection. Rejected workmanship shall be satisfactorily corrected, and rejected materials shallbe removed from the premises, both without charge to the City. If the Vendor does not correctsuch defective work and remove rejected materials within a reasonable time, fixed by writtennotice, the City may remove or correct the work and charge the expenses to the Vendor.13. Inspection After CompletionShould it be considered necessary or advisable by the City at any time before acceptance of thework to make an examination of work already completed by dissembling, removing or tearing outsame, the Vendor shall on request promptly furnish all necessary facilities, labor and materials forthat purpose and the costs thereof shall be charged to the Vendor if the work was covered prior toinspection by the City.14. No Waiver by Inspection or PaymentNeither the inspection of or payment for any work or materials provided pursuant to the ContractDocuments shall relieve the Vendor of the responsibility for negligence or faulty materials orworkmanship to the extent and within the period provided by law or this agreement, whichever islonger, and upon written notice the Vendor shall remove any defects due therefrom and correctthe same.15. DisputesAny disputes concerning a question of fact arising under this Contract that are not disposed of byagreement between the Vendor and the City Representative shall be decided by the CityManager. The decision of the City Manager or the City Manager’s duly authorized representativefor the determination of such decisions shall be final and conclusive unless determined by a courtof competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grosslyerroneous as necessarily to imply bad faith, or not supported by substantial evidence. Inconnection with any proceeding under this clause, the Vendor shall be afforded an opportunity tobe heard and to offer evidence in support of its position. Pending final decision of a disputehereunder, the Vendor shall proceed diligently with the performance of the Contract and in4 Form B-1 11/22/11

accordance with the decision of the City Representative or City Manager, whichever was lastissued.16. Insurance ProvisionsDuring the term of this Contract, at its own cost and expense, the Vendor shall maintain in fullforce and effect insurance policies as enumerated below. All policies shall be written on anoccurrence basis. The City of Champaign and its officers and employees shall be named as anadditional insured party on the general liability policy and any umbrella policies if applicable andincluded as an additional insured on the automobile liability policy. The City’s interest as anadditional insured party shall be on a primary and non-contributory basis on all policies andshould include the following statement on the insurance certificates, “The City of Champaignand its officers and employees are added as additional insured parties on all policies on aprimary and non-contributory basis.” All policies will be written with insurance carriersqualified to do business in the State of Illinois rated A- VIII or better in the latest Best’s Key RatingGuide. All policies shall be written on the most current Insurance Service Office (ISO) form theNational Council on Compensation Insurance (NCCI) form or a manuscript form if coverage isbroader than the ISO or NCCI form. The Vendor covenants and agrees that it shall beresponsible for workers’ compensation insurance for any of the Vendor’s employees on a primarybasis, even if accidental injury or illness occurs while the Vendor’s employee is performing workfor the City. At the time of submission of the bid documents, the Vendor shall provide the Citywith certificates of insurance showing evidence the insurance policies noted below are in full forceand effect and giving the City at least 30 days written notice prior to any change, cancellation, ornon-renewal except in the case of cancellation for non-payment of premium, in which case noticeshall be 10 days. Any renewal certificates of insurance shall be automatically provided to the Cityat least 30 days prior to policy expiration. The Vendor, shall upon request of the City, providecopies of any or all insurance policies.A. Workers’ Compensation:(a) Coverage A: Statutory Limits(b) Coverage B: One Hundred Thousand Dollars ($100,000) employer’s liabilitylimits for each accident or per disease, per employee. Said policies shall beendorsed to cover any disability benefits or Federal compensation acts ifapplicable.B. General Liability:Combined single limits of at least One Million Dollars ($1,000,000) per occurrence.General Liability Insurance shall include:(a)(b)(c)Products and completed operations coverage.Contractor’s Protective coverage.Personal Injury Liability coverageC. Automobile Liability:Combined single limits of at least One Million Dollars ($1,000,000) per occurrence. Autoliability shall include hired and non-owned autos.D. Umbrella Liability policies may be used to satisfy the limits named above.If a self insured retention or deductible is maintained on any of the policies, the amount of the selfinsured retention or deductible shall be approved by the City. Such approval shall not beunreasonably withheld. The Vendor will be held solely responsible for the amount of suchdeductible and for any co-insurance.This provision shall not be construed to be a limitation of liability for the Vendor.5 Form B-1 11/22/11

17. Indemnity/Hold HarmlessTo the fullest extent allowed by law, Vendor shall indemnify and save harmless the City againstany and all damages to property or injuries to or death of any person or persons, includingproperty and employees or agents of the City, and shall defend, indemnify and save harmless theCity from any and all claims, demands, suits, actions or proceedings of any kind or nature,including Worker’s Compensation claims, and including the cost of defending same includingcosts and attorneys fees, of or by anyone whomsoever, in any way resulting from or arising out ofthe operations of the Vendor or the Vendor’s employees or subcontractors and acts or omissionsof employees or agents of Vendor or subcontractors, unless caused solely by the City, its officersor employees. The City shall have the right to estimate the amount of such claims, demands,suits, actions or proceedings for damage or injuries and pay the same, and any amounts so paidshall be deducted from the money due the Vendor under this Contract, and the whole or so muchof the money due or to become due the Vendor under this Contract, as may be considerednecessary by the City, shall be retained by the City until such claims, demands, suits, actions, orproceedings shall have been settled or otherwise disposed of, and satisfactory evidence to thateffect furnished to the City.Insurance coverage specified in these General Conditions shall in no way lessen or limit theliability of Vendor under the terms of the Contract. Vendor shall procure and maintain at theVendor’s own cost and expense, any additional kinds and amounts of insurance that, in theVendor’s own judgment, may be necessary for the Vendor’s property protection in theprosecution of the work.18. Default and TerminationA. In the event the Vendor voluntarily petitions for bankruptcy or is adjudged bankrupt ormakes a general assignment for the benefit of creditors or if a receiver is appointed onaccount of the Vendor’s insolvency or in the event that any of the provisions of thisContract are violated by the Vendor or by any of its subcontractors or the City reasonablybelieves such violation is likely, the City may terminate the Contract immediately bysending written notice to the Vendor.B. Additionally, the City may serve notice upon the Vendor of intention to terminate unlesscertain remedial actions are taken. Unless within five (5) days after the serving of suchnotice upon the Vendor such violation shall cease and arrangements satisfactory to theCity for correction be made, the Contract shall upon expiration of said five (5) days ceaseand terminate with no further notice.C. After termination, the City may take over the work and prosecute the same to completionat the expense of the Vendor, and the Vendor shall be liable to the City for any excesscost occasioned to the City thereby, and in such event the City may take possession ofand utilize in completing the work, such materials and equipment including those of theVendor as may be on the site of the work and necessary therefore.D. Vendor shall be responsible for all costs incurred by the City to enforce any provision ofthis Contract and/or to remedy any Vendor default or breach of this Contract, including allcourt costs and reasonable attorneys’ fees.19. City’s Right to Withhold Certain Amounts and Make Application ThereofIn addition to the payments to be retained by the City under the other provisions of these GeneralConditions, the City may withhold a sufficient amount of any payment otherwise due to theVendor to cover the following:(1) For claims arising in and from the performance of the work on the project under thisContract.(2) For defective work not remedied.6 Form B-1 11/22/11

(3) For failure of the Vendor to make property payments to its subcontractors and suppliers.20. Method of PaymentThe City shall disburse and shall have the right to act as agent for the Vendor indisbursing such funds as have been withheld pursuant to this paragraph to the party orparties who are entitled to payment therefrom (including the City). The City will render tothe Vendor a proper accounting of all such funds disbursed on behalf of the Vendor.A. Payment (If only one payment is allowed.): Payment will be made by the City aftercomplete performance of the Contract in accordance with all provisions thereof and uponsubsequent receipt by the City of a properly executed invoice together with waivers ofliens from all suppliers and subcontractors. Such invoice shall be accompanied bywaivers of liens or the equivalent from suppliers of work or materials stating that suchwork or materials have been paid for by the Vendor. Such invoice shall be paid by theCity within sixty (60) days of its receipt, except for those sums allowed to be withheldpursuant to the Contract. To the extent allowed by law, the Vendor agrees that it shallnot attempt to enforce provisions of the Local Government Prompt Payment Act inregards to this Contract.B. Payment (If more than one payment is anticipated.):1. The Vendor may submit to the City applications for partial payment for workperformed and materials incorporated in the work. Such applications shall beaccompanied by waivers of liens or the equivalent from suppliers of work ormaterials stating that such work or materials have been paid for by the Vendor.By submitting an application for payment, the Vendor warrants that allemployees, subcontractors, and materialmen have been paid to date for thelabor and materials contained in the application. Only one application for partialpayment may be submitted in any thirty (30) day period.2. Not later than sixty (60) days following the submission of the application forpayment, the City shall pay the Vendor for the amount of the work contained inthe application which has been found by the City to have been actuallyperformed less ten percent (10%) of such amount which shall be retained untilfinal payment, less other deductions authorized to be retained by other sectionsof these General Conditions.3. After final inspections by the City, the Vendor shall prepare its application for finalpayment and submit it to the City for its approval. The application for finalpayment shall contain the total cost of the work as set forth in the proposal lessall previous payments to the Vendor and be adjusted by the cost of all authorizedchange orders. Such application shall have attached thereto final lien waivers orthe equivalent for all labor and materials incorporated into the work from allpersons having supplied labor and materials under this Contract. The City shallpay to the Vendor, not later than sixty (60) days after such application is made,the amount which the City finds to be due and owing less deductions authorizedby these General Conditions.4. When the work is substantially completed, the Vendor shall notify the City’sRepresentative that the work will be ready for final inspection on a definite date.5. To the extent allowed by law, the Vendor agrees that it shall not attempt toenforce provisions of the Local Government Prompt Payment Act in regards tothis Contract.7 Form B-1 11/22/11

21. Performance Bond NOT APPLICABLE TO THIS CONTRACTThe Vendor shall not commence work under this Contract until it has obtained and submitted botha Performance Bond and a Labor and Material Payment Bond or a combined Performance andPayment Bond in favor of the City and such bond(s) have been approved by the City. Suchbond(s) shall cover such performance, labor and materials used in the work whether by theVendor or by any subcontractor. Said bond(s) shall remain in full force and effect for the durationof the Contract and during the term of any guarantee or warranty period required by the ContractDocuments. The Performance Bond shall be conditioned on the full and faithful performance ofthe Contract according to its terms and shall be in an amount of ten percent (10%) the ContractPrice.22. Prevailing Wage RatesIf this project involves a Public Work, the Vendor shall fully comply with all requirements of theIllinois Prevailing Wage Act (820 ILCS 130/1 et seq.).23. Veteran’s Preference Act and Employment of Illinois Workers on Public Works Act.The Contractor shall comply with the Veterans Preference Act (330 ILCS 55/1 et seq.) and theEmployment of Illinois Workers on Public Works Act (30 ILCS 570-0.01 et seq) in the employmentand appointment to fill positions in the construction, addition to, or alteration of any public work.24. Public AdvertisingThe Vendor is specifically denied the right of using in any form or medium the name of the City ofChampaign for public advertising unless express permission is granted by the City Manager ofthe City.25. Additional Payments Not AllowedNo claim for extra payment under this Contract will be allowed on account of strikes, renegotiationof labor contracts or other labor related negotiations, it being agreed by the parties hereto thatsuch matters were foreseeable by the Vendor and taken into account in the submission of itsoffer.26. Assignment of ContractIt is mutually understood and agreed that the Vendor shall not assign, transfer, convey, sublet orotherwise dispose of this Contract or any part hereof without the written consent of the CityManager. No assignment of this Contract shall be valid unless it shall contain a provision that thefunds to be paid to the assignee under the assignment are subject to a prior lien for servicesrendered or materials supplied for the performance of the work called for in said Contract in favorof all persons, firms, or corporations rendering such services or supplying such materials.27. Human Rights Guarantee Provision (See CMC §12.5-64).(A)For the purposes of this provision, ‘contracting entity’ means the legal entity that hassigned a Contract to provide services or perform work or to provide personal property ora combination thereof to or on behalf of the City. The words used herein and therequirements shall be interpreted or have the meaning ascribed to them in the City’sEqual Opportunity in Purchasing Ordinance.(1) Non-Discrimination Pledge. The contracting entity shall not discriminate againstany employee during the course of employment or applicant for employmentbecause of race, color, religion, creed, class, national origin, sex, age, maritalstatus, physical or mental handicap, sexual preference, family responsibilities,matriculation, political affiliations, prior arrest record or source of income. Thecontracting entity shall take good faith affirmative action in accordance with its8 Form B-1 11/22/11

affirmative action plan which has been submitted to and approved by the City, if aplan is required.(2) Notices. The contracting entity shall post notices regarding non-discrimination inconspicuous places available to employees and applicants for employment. Thenotices shall be provided by the City, setting forth the provisions of the Non-Discrimination Pledge; however, the contracting entity may post other notices ofsimilar character supplied by another governmental agency in lieu of the City’snotice.(3) Solicitation and Ads for Employment. The contracting entity shall, in allsolicitations and advertisements for employees placed by or on behalf of thecontracting entity, state that all qualified applicants will receive consideration foremployment without regard to race, color, religion, creed, class, national origin,sex, age, marital status, physical or mental handicap, sexual preference, familyresponsibilities, matriculation, political affiliations, prior arrest record or source ofincome. An advertisement in a publication may state ‘This is an EqualOpportunity Employer’, which statement shall meet the requirements of thisSection.(4) Employment Relations. The contracting entity shall have sent within six (6)months prior to entering into a City contract or shall send prior to the effectivedate of the contract to each labor union, employment service agency, orrepresentative of workers with which the contracting entity has a collectivebargaining agreement or other contract or understanding, a notice as set forth inSection 2 advising the labor union, worker representative, employment serviceagency of the contracting entity’s commitment under the Non-DiscriminationPledge.(5) Access to Books. The contracting entity shall permit access to all books, recordsand accounts pertaining to its employment practices by the City Manager or theCity Manager’s designee for purposes of investigation to ascertain compliancewith this Provision.(6) Reports. The contracting entity shall, if requested, provide periodic compliancereports to the City Manager. Such reports shall be within the time and in themanner proscribed by the City and describe efforts made to comply with theprovisions of this Provision entitled “Human Rights Guarantees”.(7) Remedies. In the event that any contracting entity fails to comply with the Non-Discrimination Pledge, affirmative action provisions of the above subsections, orfails to comply with or make good faith efforts to comply with affirmative actionplan or any provision of City, State or Federal law relating to human rights, afterthe City has provided written notice to the contracting entity with an opportunity tospeak to the City Manager or the City Manager’s designee relative to such failureto comply, then the City, at its option, may declare the contracting entity to be indefault of this agreement and take, without election, any or all of the followingactions:(i) Cancel, terminate or suspend the contract in whole or in part;(ii) Declare the contracting entity ineligible for further contracts for acalendar year;(iii) Recover from the contracting entity by set-off against the unpaid portionof the Contract Price, or otherwise recover money due to the contractingentity pursuant to the contract, the sum of Fifty Dollars ($50.00) per day,as liquidated damages and not as a penalty, for each day after the dateof the notice that the contracting entity shall fail to comply with theseprovisions of the contract, as determined by the City Manager, the saidsum being fixed and agreed upon by and between the contracting entityand the City because of the impracticability and extreme difficulty offixing and ascertaining the actual damages which the City would sustainin the event of such breach of contract, and said amount is agreed to bethe amount of monetary damages which the City would sustain;(iv) Seek other sanctions as may be imposed by the Human RelationsCommission or other governmental bodies pursuant to law.9 Form B-1 11/22/11

(B)The Construction Contractor shall automatically include the provisions of the foregoingparagraphs in every construction subcontract so that the provisions will be binding uponeach construction subcontractor.10 Form B-1 11/22/11

DISCLOSURE AFFIDAVIT(NOTE: This Affidavit must be completely filled out and signed by any party doing business with the City. This Affidavitassists the City in making determinations relative to conflict of interest and other laws.)(Fill in state and county in which affidavit is being signed)STATE OF _______________________ )) ss.COUNTY OF_______________________ )I, the undersigned, being duly sworn, do state as follows:SECTION 1. BUSINESS STATUS STATEMENTA. _______________________ (hereafter "Contractor” or “Vendor") is a:_____ Corporation_____ Partnership_____ Limited Liability Corporation (LLC)_____ Individual or Sole ProprietorshipContractor’s Federal Tax Identification Number, or in the case of an individual or soleproprietorship, Social Security Number: __________________________(If a Corporation, complete B; If a Partnership or LLC, complete C; If an Individual, complete D)B. CORPORATIONThe State of Incorporation is _______________________.Registered Agent of Corporation in Illinois:__________________________________Name__________________________________Address__________________________________City, State, Zip__________________________________TelephoneBusiness Information (If Different from RegisteredAgent):_______________________________________Company Address, Principal Office______________________________________City, State, Zip______________________________________TelephoneFacsimile___________________________________WebsiteThe corporate officers are as follows (list and identify all corporate officers - attach additionalsheets if necessary):President:_______________________________Vice President: __________________________Secretary: ______________________________Form D-6 01/09

C. PARTNERSHIP OR L.L.C.The business address is: __________________________Telephone: __________________________Fax: __________________________Website or Email Address: __________________________The partners or members are as follows: (Attach additional sheets if necessary)(Name, Home Address and Telephone)(Name, Home Address and Telephone)(Name, Home Address and Telephone)D. INDIVIDUAL PROPRIETORSHIPThe business address is __________________________Telephone: __________________________Fax: __________________________My home address is __________________________Telephone: __________________________Fax: __________________________Email or website: __________________________SECTION 2. NON-COLLUSION STATEMENTA. This proposal, bid or contract is made without any connection or common interestin the profits with any other person other than the Vendor except as listed on aseparate attached sheet to this affidavit.Check One:__________ Others Interested in Contract _________ NoneForm D-6 01/09

B. No department director or any employee or any officer of the City of Champaignhas any financial interest, directly or indirectly, in the award of this contractexcept as listed on a separate attached sheet to this affidavit.C. That the Contractor/Vendor is not barred from bidding on any contract, if bidding processwas used) as a result of violation of 720 ILCS 5/33E-3 and 5/33E-4 (Bid Rigging or BidRotating).SECTION 3. DRUG FREE WORKPLACE AND DELINQUENT ILLINOIS TAXESSTATEMENTThe undersigned states under oath that the Contractor/Vendor is in full compliance with theIllinois Drug Free Workplace Act, 30 ILCS 580/1. The undersigned also states under oath andcertifies that Contractor/Vendor is not delinquent in payment of any tax administered by theIllinois Department of Revenue except that the taxes for which liability for the taxes or the amountof the taxes are being contested, in accordance with the procedures established by theappropriate Revenue Act; or that the Vendor has entered into an agreement(s) with the IllinoisDepartment of Revenue for the payment of all taxes due and is in compliance with theagreement.SECTION 4. FAMILIARITY WITH LAWS STATEMENTThe undersigned, being duly sworn, hereby states that the Contractor/Vendor and its employeesare familiar with and will comply with all Federal, State and local laws applicable to the project,which may include, but is not limited to, the Prevailing Wage Act and the Davis-Bacon Act.CONTRACTOR/VENDOR______________________________________SignaturePrinted Name: __________________________Title:__________________________________SUBSCRIBED and SWORN to before me this ____ day of _______________, 20___.________________________________Notary PublicMy Commission Expires: _______________________Form D-6 01/09

Community Relations Office102 North Neil StreetChampaign, Illinois 61820(217) 403-8830 or (217) 403-8835 (fax)Requested by:Office Use OnlyDate:Approved by:Date:Vendor Number: Code: Entered: CROFINCertificate Number: Certificate Expiration Date:AFFIRMATIVE ACTION REPORT FORMFailure to properly complete and sign this form prior to the execution of a contract with the City, or within 7 daysafter a request to submit this report, will result in it being returned unprocessed thereby resulting in adelay or denial of eligibility to bid or do business with the City of Champaign.Section I. Identification1. Company Name and Address:PLEASE PRINTd/b/a:Chief Executive Officer:Address:City/State/Zip:Telephone: ( ) _______ - ____________ Fax: ( ) ________- ____________FEI Number:E-mail Address:Check one of the following:Social Security Number:Corporation Partnership Individual Proprietorship Limited Liability Corp.2. Name and Address of the Company’s Principal Office (answer only if not the same as above):Name:Address:3. Major activity of your company (product or service):City/State/Zip:4. Nature of Business:Contract:Bid:Register as a new vendor for future projects.Other:

SECTION II. Policies and PracticesDescription of Equal Employment Opportunity (EEO) Policies and Practices YES NOA. Is it the Company’s policy to recruit, hire, train, upgrade, promote and discipline persons withoutregard to race, color, sex, religion, national origin, age, mental and/or physical disability?B. Has someone been assigned to develop procedures, which will assure that the EEO policy isimplemented and enforced by managerial, administrative, and supervisory personnel? If so,please indicate the name and title of the official charged with this responsibility.Name: ____________________________________Title: ___________________________________Telephone: ________________________________ Fax: ____________________________________E-mail ____________________________________________________________________________C. Has the company developed a written Affirmative Action Plan? Note: a copy of the AffirmativeAction Plan must be submitted with this form in order to be considered eligible to dobusiness with the City of Champaign. If you would like technical assistance in developing a plan,please contact the Community Relations Office at (217) 403-8830.D. Has the company developed a written policy statement prohibiting Sexual Harassment? Note:Please attach a copy of the policy statement.E. If advertising is used, does it specify that all qualified applicants will be considered foremployment without regard to race, color, sex, religion, national origin, mental and/or physicaldisability, or age?F. Has the contractor notified all of its sub-contractors of their obligations to comply with the EqualOpportunity requirements either in writing, by inclusion in subcontracts or purchase orders?G. Is your company a minority/women owned business? (Defined as at least 51% owned byindividuals who are of the female gender and/or who have origins in one or more of the followinggroups: African American, Hispanic, Asian American, and Native American.)H. If you answered “YES” to G, please check all classifications that apply: ___ African American___ Asian American ___ Hispanic ___ Native American ___ FemaleI. If you answered “YES” to G, would you like to be added to our Minority E-mail Group and/orMinority Directory? Please include your e-mail address: ____________________________________J. Is the company a state certified minority/women owned business? If yes, please attach a copy ofstate certification.K. Is your company certified with IDOT as a DBE firm? (Defined as a small business firm that isowned and controlled by socially and economically disadvantaged individuals.)L. Does the company have collective bargaining agreements with labor organizations?M. Have the labor organizations been notified of the company’s responsibility to comply with theEqual Employment Opportunity requirements in all contracts with the City of Champaign?

SECTION III. Employment Informationa. Please complete the company work force analysis on the bottom of this page. Use the number of employees asof the most recently payroll period. Be sure to complete all applicable columns.b. Job Classifications (see descriptions, next page)c. Identify the geographical area(s) from which the company may reasonably recruit employees(Use city, county, Standard Metropolitan Statistical Area, or distance in miles from company location, etc.)d. If minorities and females are currently under-represented in your work force, please attach a copy of anexplanation of your plan to recruit and hire qualified minorities and females.Job CategoriesOverall TotalsWhite (Not ofHispanic Origin)Black or African-American (Not ofHispanic Origin)Hispanic orLatinoAsian orPacificIslanderAmericanIndian orAlaskan NativeM F M F M F M F M F M F(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M)Officials & MgrsProfessionalsTechniciansSales WorkersOffice & ClericalCraft Workers(Skilled)Operatives(Semi-Skilled)Laborers(Unskilled)Service WorkersTOTALM = MALE, Column B is sum of Rows D, F, H, J and L. F = FEMALE, Column C is sum of Rows E, G, I, K and M.Date of above Data:______________________________SECTION IV. CertificationThe company certifies that it has answered all of the foregoing questions truthfully to the best of itsknowledge and belief and agrees that it/he/she will comply and abide by the City’s Affirmative ActionOrdinance (Section 12.5-65) and Human Rights Guarantee provision (Section 12.5-64).Signature: Typed Name & Title Telephone Number Date

DEFINITIONS OF TERMINOLOGY LISTED IN THE WORKFORCE PROFILE TABLE(See previous Page)DESCRIPTION OF RACE/ETHNIC CATEGORIESRace/ethnic designations as used by the Department do not denote scientific definitions of anthropological origins. For the purposes of this report, an employee may be included in thegroup to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. Therace/ethnic categories for this report are:White (Not of Hispanic origin). All persons having origins in any of the original peoples of Europe, North Africa or the Middle East.Black of African-American (Not of Hispanic origin). All persons having origins in any of the Black racial groups of Africa.Hispanic or Latino. All persons of Mexican, Puerto Rican, Cuban, Central of South American, or other Spanish culture or origin, regardless of race.Asian or Pacific Islander. All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, forexample, China, India, Japan, Korea, the Philippine Islands and Samoa.American Indian or Alaskan Native. All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation orcommunity recognition.DESCRIPTION OF JOB CATEGORIESEach employee should be counted in only one job category. Select the category containing the jobs most similar to that performed by the employee. The jobs listed in each category areintended to provide an example, not a complete list, of all job titles falling into that category.Officials and Managers. Occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and directindividual departments or special phases of firm’s operations. Includes: officials, executives, middle management, plant managers, department managers, and superintendents, salariedsupervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and other officers farm operators andmanagers, and kindred workers.Professionals. Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors,airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, layers, librarians, mathematicians, natural scientist, registered professional nurses,personnel and labor relations specialist, physical scientist, physicians, social scientist, teachers, surveyors and kindred workers.Technicians. Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through 2 years of post high school education, such as is offered inmany technical institutes and union colleges, or through equivalent on-the-job training. Include: computer programmers, drafters, engineering aides, junior engineers, mathematical aides,licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science), and kindredworkers.Sales. Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sates workers, insurance agents and brokers, real estate agents, and brokers, stock andbond sales workers, demonstrators, sales workers and sales clerks, grocery clerks, and cashiers/checkers, and kindred workers.Office and Clerical. Includes all clerical-type work regardless of level of difficulty, where the activities are predominantly non manual though some manual work not directly involved withaltering or transporting the products is included. Includes: bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer),shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers.Craft Workers (Skilled). Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerableindependent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of occupations,compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary hand painters, coaters,bakers, decorating occupations, and kindred workers.Operatives (Semi-Skilled). Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeksand require only limited training. Includes: apprentices (auto service and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives, milliners, mine operatives andlaborers, motor operators, oilers and greasers (except auto), painters (manufactured articles), photographic process workers, truck and tractor drivers, knitting, looping, taping andweaving machine operators, welders and flame cutters, electrical and electronic equipment assemblers, butchers and meat cutters, inspectors, testers and graders, hand packers andpackagers, and kindred workers.Laborers (Unskilled). Workers in manual occupations which generally require no special training who perform elementary duties that may be learned in a few days and require theapplication of little or no independent judgment. Includes: garage laborers, car washers and greasers, groundskeepers and gardeners, farm workers, stevedores, wood choppers, laborersperforming lifting, digging, mixing, loading and pulling operation and kindred workers.Service Workers. Workers in both protective and nonprotective service occupations. Includes: Attendants (hospital and other institutions, professional and personal service, includingnurses aides, and orderlies), barbers, char workers and cleaners, cooks, counter and fountain workers, elevator operators, firefighters and fire protection, guards, doorkeepers, stewards,janitors, police officers and detectives, porters, waiters and waitresses, amusement and recreation facilities attendants, guides, ushers, public transportation attendants, and kindredworkers.J:\CMO\CRO\A-Affirmative Action\FORMS-LOGS\AA FORMS\Affirmative Action Report Form REVISED 2011.03.15.docx