REQUEST FOR PROPOSALS - City of Champaign

702 Edgebrook Drive, Champaign, IL 61820, at a price of $30.00. Payment shall be in cash ormoney order, payable to the City of Champaign. Payments will not be refunded.Each Proposal shall be accompanied by an acceptable form of Proposal Guaranty in an amountequal to at least ten percent (10%), as a guarantee that if the Proposal is accepted, the Contractorwill execute the contract and all other Contract Documents and file acceptable contract bond andproof of insurance within fourteen (14) days of the Notice of Award.The City of Champaign, Illinois, reserves the right to reject any or all Proposals or portionsthereof and to waive any formality or technicality in any Proposals in the interest of the City.The contractor shall comply with the Illinois Prevailing Wage Act, the Veteran’s Preference Act,the Employment of Illinois Workers on Public Works Act, the City’s Equal Opportunity inPurchasing Ordinance and the Illinois Human Rights Act.If federal funds are used to finance this project, the contractor shall comply with the Davis-Bacon Act.City of Champaign

SECTION 1. INTRODUCTION1.1 Standard TerminologyThe term “City” refers to the City of Champaign, except that when a Request is issued byMetcad or the Champaign Public Library, it shall mean “City of Champaign on behalf of”the relevant agency. A prospective Contracting Agency will be referred to as the“Vendor” or “Contractor”. “Proposal” shall refer to all proposals, quotes, and/orqualifications submitted in response to this Request.1.2 Vendor QuestionsALL questions pertaining to this Request (RFP or RFQ) must be submitted in writing atleast five (5) business days prior to the deadline for submission to:Greg SkaggsCommunity Development SpecialistCity of Champaign102 N Neil St.Champaign, IL 61820Facsimile:(217) 403-7090Email:greg.skaggs@ci.champaign.il.usVendors are prohibited from contacting staff of the City of Champaign regarding thisRequest except as specifically set forth herein. Failure to comply with this provision mayresult in rejection of any or all proposals.1.3 General InstructionsA. All proposals should follow the format described in this Section and in “Contentand Format” Section of this Request. Vendor shall provide information requestedby this Request in a direct and concise manner. Responses shall refer directlyto section numbers in this Request and meet or exceed the requirements asdescribed.B. The requirements stated herein are mandatory unless stated otherwise. It shouldbe understood that failure to respond to a specific requirement may be the basisfor eliminating a Vendor from consideration during comparative evaluation ofproposals.C. The City of Champaign reserves the right to accept or reject any or all proposals,or portions thereof.D. When a package proposal is made for a package price, the package price shallbe taken to include all items referenced in the package.E. The Vendor may submit multiple proposals involving various methods of meetingproposal objectives. However, each submitted proposal shall be complete inevery respect and marked as Proposal No. 1, No. 2, etc. on the cover page.2Form A-1 6/12

F. Subsequent to receipt of proposals, the City or its authorized representative mayrequire the Vendor to make oral presentations or to respond to telephone calls orclarify its Proposal.G. Section and subsection numbering should be in a consistent format using thenumbers indicated in the “Content and Format” section of the Request andbeginning each section on a new page.1.4 Content and FormatAn original plus the required number of copies of the proposal shall be submitted alongwith all the required documentation. The original and copies of the proposal shall bepackaged separately and securely bound and sealed. Each shall show the name andaddress of the Vendor submitting the proposal on the front cover.Proposals should include the following in the order listed. Each section should belabeled.Section 1.Vendor Information:(A)(B)(C)(D)Name, address, phone number, email and website of the Vendor;Name of the contact person for the Vendor;A brief company profile describing the chain of command for eachperson assigned to the project. Document the availability of allpersons assigned to the project and whether the Vendor hassufficient resources to complete the project within the City’s timeconstraints.A Statement of Qualifications, including a narrative or otherstatement by the firm of its qualifications for the proposed project.Section 2.References:List of two (2) references that may be contacted. Include the name,address, phone number, website and a contact person for eachreference.Section 3.Acknowledgments:Acknowledgment of any response to questions or addenda sent by theCity.Section 4.Proposal Information:(A)(B)Address each and every requirement listed in the Specificationsby providing:(i) An overview of the proposal(ii) Detailed technical response(iii) Detailed costsProposal Form(s) if provided by the City.3Form A-1 6/12

Section 5.Contract Documents:The selected Vendor will be required to execute a contract with the City insubstantially the form provided. The person or persons signing on behalfof the selected Vendor must be authorized by said Vendor to sign such acontract. If the person signing for the Vendor is not a corporate officer inthe case of a corporation, a partner in the case of a partnership, or amember in the case of an LLC, then the Vendor shall providedocumentation of that person’s authority to execute the contract on behalfof the Vendor. Acceptable documentation of said authority shall include aresolution adopted by the board of the business entity in question orbylaws of that entity granting said authority, or a cover letter signed by acorporate officer, a partner or a member as the case may be, grantingsaid authority.A full and valid complement of all standard Vendor warranties should beincluded. The contract documents shall incorporate all requirementsrequired in this Request and all elements of the Vendor’s proposal. Thevendor’s contract shall state that in the event of a conflict between therequirements of this Request or the Vendor’s contract, the Requestrequirements shall govern.Section 6.Additional Contract Documents:The Vendor shall submit the following additional documents with theProposal:(A) Disclosure Affidavit(B) Affirmative Action Report Form OR Certificate from CommunityRelations Office [(217) 403-8830].(C) Dual Representation Affidavit - Not Necessary1.5 Proposal Guarantee (APPLICABLE TO THIS REQUEST)All proposals made in response to this Request shall be accompanied by a bank draft,cashier's check, letter of credit, certified check or proposal bond issued by a licensedsurety equal to ten percent (10%) of the total value of the proposal to secure a proposalbond. Any check submitted to secure the proposal must be made out to the “City ofChampaign”. This security will be returned upon the signing of a contract with theselected Vendor, the withdrawal of this Request, or the withdrawal of a proposal as setforth by this Request. Failure of the selected Vendor to submit any required documentsin the form and time required by the City shall constitute cause for the City to retain thesum posted, not as a penalty, but as liquidated damages. By submission of a proposal,the Vendor acknowledges the impracticability of calculating the actual damages whichwould be suffered by the City for its failure to comply with the Request and agrees thatthe sum posted is reasonable.4Form A-1 6/12

1.6 Evaluation CriteriaThe City will conduct an evaluation of the proposal(s) submitted. The evaluation will bebased on at least the following criteria; however, not necessarily in the order provided orwith equal weight given to each criterion.The Vendor will be evaluated based on:A. Compliance with the Request requirements;B. Cost of the specified items or services; andC. Other criteria as set forth below:1.7 Customer Service(1) The ability, capacity, and skill of the Vendor to perform the contract orprovide the service required;(2) The capacity of the Vendor to perform the contract or provide the servicepromptly or within the time specified, without delay or interference;(3) The character, integrity, reputation, judgment, experience and efficiencyof the Vendor including but not limited to past performance record; defaultunder previous contracts, whether or not such contracts were with theCity; competency; and failure to pay or satisfactorily settle all bills due forlabor and material on former contracts;(4) The previous and existing compliance by the Vendor with laws andordinances relating to the contract;(5) The quality, availability and adaptability of the supplies, machinery, plantor other equipment or contractual services to the particular use required;(6) The ability of the Vendor to provide future maintenance and service forthe use of the subject of the contract, including guarantees;(7) The sufficiency of the financial resources and financial ability of theVendor to enter into and perform the contract or service;(8) Whether the Vendor is entitled to Local Preference pursuant to Section12.5-34 of the Champaign Municipal Code, 1985 as amended;(9) Completion and approval of the EEO/AA paperwork.The City expects the Vendor to deliver a high level of customer service regarding themanufacture, delivery, and installation of any equipment and the provision of any serviceto the City, its employees and its customers.1.8 Rights to Submitted MaterialsAll proposals, responses, inquiries, or correspondence relating to or in reference to thisRequest, and all reports, charts, displays, and other documentation submitted by the5Form A-1 6/12

Vendor shall become the property of the City when received and shall not be returned tothe Vendor. The City reserves the right to use the material or any ideas submitted in thisproposal in response to the Request whether amended or not. Selection or rejection ofany proposal does not affect this right.1.9 Public Records and Requests for Confidential TreatmentProposals become the property of the City and, along with late submissions, will not bereturned to the proposing party. Your proposal will be open to the public under theIllinois Freedom of Information Act (“FOIA”) (5 ILCS 140) and other applicable laws andrules, unless you request in your proposal that City treat certain information as exempt.A request for confidential treatment will not supersede the City’s legal obligations underFOIA. The City will not honor requests to exempt entire proposals, and it shall be yourresponsibility as the proposing party to show the specific grounds under FOIA or otherlaw or rule that support exempt treatment. Regardless the application of any exemptionspursuant to FOIA or other law or rule, the City shall disclose the successful proposer’sname, the substance of the proposal, and the price.If you request exempt treatment of a portion(s) of your proposal, you must submit anadditional copy of your proposal with such exempt information deleted. This copy muststate the general nature of the material redacted and shall retain as much of theproposal as possible. You, the proposing party, shall be responsible for any costsassociated with the City’s defense of your request for exempt treatment. Further, youagree to allow the City to facilitate evaluation, or to respond to requests for publicrecords. Additionally, you warrant that the copy or duplication of your proposal pursuantto a request for public records will not violate the rights of any third party.1.10 Proprietary InformationAny restrictions on the use of information contained within a proposal shall be clearlystated as such within the proposal. The City will only be able to comply with a requestfor confidentiality to the extent allowed by law.1.11 Affirmative ActionIf this contract will be over $17,500, the Vendor shall comply with the Equal Opportunityin Purchasing Ordinance of the City of Champaign (Section 12.5-65 of the ChampaignMunicipal Code, 1985, as amended). Pursuant to the Ordinance, the Vendor must haveon file a Certificate of Approval or an Affirmative Action Form plus an approvedAffirmative Action Plan before a Vendor can be selected. Inquiries concerning thisrequirement may be directed to the Community Relations Office, 102 N. Neil Street,Champaign, IL 61820 or by telephone at (217) 403-8830.1.12 Acceptance of Proposal ContentThe contents of the proposal or parts thereof selected by the City will be incorporatedinto the final Contract Documents to the extent they comply with this Request.6Form A-1 6/12

1.13 Cost of the Vendor to Respond to RequestThe City is not responsible for any cost incurred by a Vendor in the process ofresponding to this Request or for any pre-contract costs incurred by any Vendorparticipating in the selection process.1.14 Public AdvertisingThe Vendor is specifically denied the right to use the name of the City of Champaign forpublic advertising or reference in any form or medium without the express writtenpermission of the City of Champaign.1.15 TerminationThe City reserves the right to terminate the selection process at any time, to reject anyor all proposals and to award the contract in the best interest of the City of Champaign.1.16. Payment and Performance Bond - Applicable to this RequestThe selected vendor will be required to furnish a Payment and Performance Bond asrequired by Part 4 Section 4.9 within fourteen (14) days of being notified in writing of itsselection. Vendors making proposals shall be familiar with the Performance Bondrequirement contained in the contract documents.7Form A-1 6/12

PART 2GENERAL CONDITIONS2.1 Project Information.Project Name:Project Location:Project Description:Conditions:Gateway Studio Apartments Demolition1505 N Neil Street, Champaign, IL 61820See Technical SpecificationsSee Technical SpecificationsThe Contractor shall provide all labor, materials, tools, utility costs, equipment and otherservices and incidentals necessary or convenient for the proper execution and completionof the project, as shown on the plans and as specified in the Contract Documents, and thecarrying out of all duties and obligations imposed on the Contractor by the ContractDocuments.2.2 Compliance With Laws. The Contractor shall perform in compliance with all federal, stateand local laws, ordinances, statutes, rules and regulations governing or affecting theperformance of this work. Particular attention is directed to Section 21-14 of theChampaign Municipal Code, 1985, as amended, prohibiting construction noise between thehours of 10:00 p.m. and 7:00 a.m., unless a waiver is obtained pursuant to Section 21-17.2.3 Contract Documents.A. Contract Documents; Conflicts. The following documents are a part of thecontract and are incorporated by reference herein:1. Properly executed Change Orders;2. Addenda issued during bidding process;3. General Conditions (Parts 2 and 4);4. Notice and Instructions to Bidders (Part 1);5. Technical Specifications (Part 3);6. Plans and Drawings approved by the City Engineer;7. Supplemental Conditions or Specifications;8. Standard Specifications as described in 2.3B – E;9. Payment and Performance Bond;10. Certificate(s) of Insurance;11. Current IDOT Prequalification Certificate (Not Applicable to this Contract)12. Affidavits.In the event of a conflict within these Contract Documents and unless otherwisestated, the language within the lower number document shall take precedence overthe higher number document.B. Standard Specification. Except as otherwise stated, the project shall be governedby the “Standard Specifications for Road and Bridge Construction," adoptedJanuary 1, 2012, by the Illinois Department of Transportation, as amended fromtime to time by IDOT, including, but not limited to, the supplemental specificationsPart 2 GC-Outdoor CIP - 1 - C-4 6/13

and recurring special provisions adopted January 1, 2013 by IDOT. Thesespecifications are hereafter referred to as “Standard Specifications.”C. Water and Sewer Main Standards. The “Standard Specifications for Water andSewer Main Construction in Illinois,” Sixth Edition, July 2009, shall govern theproject with regard to construction specifications for water lines and sanitary sewerconstruction. In the case of conflict with regard to specifications of water and sewermain construction, the “Standard Specifications for Water and Sewer MainConstruction in Illinois” shall govern.D. Traffic Control Devices and Other Traffic Control Items. The latest edition ineffect on the date of issuance of the Contract Documents of the “Manual on UniformTraffic Control Devices,” prepared by the Illinois Department of Transportation, shallgovern all items and requirements relating to the application of traffic controldevices, traffic safety, and traffic control within or around the construction sites.E. “Highway Standards”. “Highway Standards,” prepared by the Illinois Departmentof Transportation, shall provide details of standard designs of variousappurtenances that may be referenced in the plans. The Highway Standards shallbe references by standard number, which includes a revision number. The HighwayStandards number with the revision number listed on the Index of Sheets included inthe plans shall hold precedence over the Highway Standards numbers listedelsewhere in the plans or Contract Documents.F. Sources of Copies of Standards.1. Copies of the “Standard Specifications for Road and Bridge Construction,”and the “Highway Standards” can be obtained from:Illinois Department of Transportation2300 South Dirksen ParkwaySpringfield, IL 62764www.dot.state.il.us2. Copies of the “Manual on Uniform Traffic Control Devices” can be obtainedfrom:Illinois Department of Transportation2300 South Dirksen ParkwaySpringfield, IL 62764www.dot.state.il.us and http://mutcd.fhwa.dot.gov3. Copies of the “Standard Specifications for Water and Sewer MainConstruction in Illinois” can be obtained from the following:Illinois Society of Professional Engineers600 South Second StreetSpringfield, IL 60204http://www.ilspe.comIllinois Municipal League1220 South Seventh StreetSpringfield, IL 62703http://www.iml.orgPart 2 GC-Outdoor CIP - 2 - C-4 6/13

The Associated General Contractors of Illinois3219 Executive Park DriveP.O. Box 2579Springfield, IL 62708http://www.agcil.org2.4 Construction Managements, Scheduling and Time Limit for the ProjectA. Job Site Agent. At the inception of the project, the Contractor shall notify the CityEngineer of the name of its job site agent. The Contractor shall notify the CityEngineer of any change of the job site agent, immediately upon such change. Thejob site agent shall be a competent English-speaking individual capable of readingand thoroughly understanding the plans and specifications and thoroughlyexperienced in the type of work being performed, who shall receive instructions fromthe City Engineer or authorized representatives. The job site agent shall have fullauthority to execute orders or directions of the City Engineer without delay, and topromptly supply such materials, equipment, tools, labor, and incidentals as may berequired. The job site agent shall be furnished irrespective of the amount of worksublet.B. Completion Date. Time is of the essence of the contract. The City Engineer will bemonitoring the Contractor’s progress toward final completion. The Contractor shallcomplete the work within the number of calendar days specified or by the specificdate in the bid form contained in Part 4 of the Contract Documents. The“Completion Date” may be further described in Part 3 of this document, entitled“Technical Specifications”. The time shall begin to run on the date the Contractorreceives the written notice to proceed. The contract completion period may beextended only by written change order.C. Project Schedule and Other Submissions.1. All shop drawings required in the plans or Part 3 shall be submitted to theEngineer within fourteen (14) calendar days of receipt of the “Notice ofAward”.2. Within fourteen (14) calendar days from the date the contract is signed bythe Contractor, the Contractor shall submit to the City Engineer for approval,a feasible Project Schedule showing the order in which the Contractorproposes to carry on the work, the dates on which the Contractor will starteach major work activity, and the planned dates for completing each majorwork activity. The schedule shall contain a date certain for substantialcompletion and a date certain for final completion.3. The Project Schedule shall show the proposed time for completing all workon the project including ordering and delivery of all materials to beincorporated in the work, together with a list of the sources from which thematerials are to be obtained. The schedule shall show the critical path on aGantt Chart or bar chart, or other appropriate scheduling tool or documentapproved by the City Engineer, which shall indicate the work to becompleted and the time schedule. The schedule shall include an allowancefor work delays due to weather conditions. Refer to Time Extensions Due toWeather in this contract document for additional information about workPart 2 GC-Outdoor CIP - 3 - C-4 6/13

delays due to weather. No payment will be approved unless an up-to-dateapproved schedule is on file with the City Engineer.4. Work on City observed holidays is prohibited without prior writtenauthorization from the Public Works Director. If a City Holiday falls on aSaturday, then work is prohibited on the preceding Friday. If the City Holidayfalls on a Sunday, then work is prohibited on the following Monday. CityHolidays are:New Years DayMemorial DayLabor DayThanksgiving DayChristmas Eve DayMartin Luther King’s BirthdayFourth of JulyVeteran’s DayFriday after ThanksgivingChristmas DayCompliance with this provision shall be considered incidental and no specialpayment will be made. The decision as to whether or not to allow theContractor’s request to work on City Holidays shall be in the Public WorksDirector’s sole discretion as the Director determines to be in the best interestof the public.5. The failure to produce a critical path schedule does not relieve theContractor of the obligation to complete the project within the time requiredby these documents. All schedules shall be in a form approved by the CityEngineer in his sole discretion. The delivery date of such schedule may onlybe extended by written approval of the City Engineer.D. Substantial Completion Explanation. The term "substantial completion" shallmean substantial completion of the work, or of a designated portion, occurring onthe date when construction is sufficiently complete in accordance with the ContractDocuments so that the City can occupy or utilize the Project, or a designatedportion, for the use of which it is intended. The term “Substantial Completion” maybe further defined in Part 3, entitled “Technical Specifications”. Such technicaldefinition may include a listing of specific work items that must be complete in theirentirety for the Project to be considered substantially complete. A certificate ofSubstantial Completion signed by the City shall confirm this date.E. Final Completion Explanation. The term “final completion” does not mean“substantial completion.” The term “final completion” shall mean that all the workdescribed on the plans and specifications or work necessary to restore land orbuildings damaged or impacted by the project shall be accomplished in its entirety.This work includes any and all construction, grading, shaping, landscaping, sodding,seeding, mulching, restoration, or clean up that may be required on the project. Allitems, which require correction due to final inspection (“punch list items”), shall becorrected or reconstructed in their entirety prior to final completion.The work is not finally complete if any item of work remains to be accomplished or ifthe Contractor has not submitted any required document, including but not limited tooperators’ manuals, shop drawings, and other documents essential for completionor maintenance of the work, or completed any obligation imposed on Contractor bythe Contract Documents.Part 2 GC-Outdoor CIP - 4 - C-4 6/13

The term “Final Completion” may be further defined in Part 3, entitled “TechnicalSpecifications”. Such technical definition may include a listing of specific work itemsthat must be complete in their entirety for the Project to be considered finallycomplete. A certificate of Final Completion signed by the City shall confirm thisdate.F. Project Progress.1. If the Contractor’s progress is materially affected by changes in the plans orin the approved amount of the work, or if, in the sole judgment of the CityEngineer, such changes become necessary in the best interests of theproject due to circumstances not known at the time the contract was enteredinto or arising thereafter, or if the Contractor has failed to comply with itsapproved progress schedule, it shall submit a revised project schedule ifrequested by the City Engineer, which schedule shall show how theContractor proposes to prosecute the balance of the work. The Contractorshall submit a revised progress schedule within seven (7) calendar daysafter the date of the request by the City Engineer. The Contractor shallmake every progress schedule submitted by the Contractor consistent withall contract requirements regarding the order of performance of portions ofthe work. No payment will be made to the Contractor while theContractor is delinquent in the submission of a progress schedule.2. The Contractor shall use all practical means to make the progress of thework conform to that shown on the progress schedule that is in effect. If theContractor falls behind the scheduled progress, the Contractor shall takesuch steps as may be necessary to improve progress. In the event of failureto do so, the City Engineer may require the Contractor to increase any or allof the Contractor’s forces, shifts, days or hours of work, and/or adjust theconstruction plan so as to improve progress as required by the schedule, allwithout additional cost to the City. The Contractor shall make suchadjustments within 72 hours after receipt of written direction from the CityEngineer. For each day or part thereof that the Contractor does not complywith the direction of the City Engineer, the Contractor shall be liable for andpay to the City or the City shall be entitled to withhold from amounts due asset forth under 2.16(b).G. Liquidated Damages.1. Liquidated damages shall be charged in accordance with these documentsand Article 108.09 of the Standard Specifications except as modified bythese General Conditions. If a conflict between these documents and Article108.09 of the Standard Specifications arises, these documents will control.2. Liquidated damages shall be charged at the rate of $1,025 per calendar day.By entering this agreement, the Contractor specifically acknowledges that itis impractical to calculate and prove actual delay costs for failure to completethe contract on time. The amount stated above accounts for administration,engineering, inspection, and supervision costs of delay during periods ofdelayed performance, as well as damages to the public for inability to usethe public improvement.Part 2 GC-Outdoor CIP - 5 - C-4 6/13

3. Liquidated damages shall accrue starting the first day after substantialcompletion or final completion, whichever is applicable, should have beenaccomplished until substantial completion or final completion, whichever isapplicable, is accomplished to the satisfaction of the City Engineer in his solediscretion, unless otherwise stated in Part 3 of this document, entitled“Technical Specifications.”H. Time Extensions.1. Request for Time Extensions. The Contractor may request an extensionof time when it can establish justification as specified in Article 108.08 of theStandard Specifications for Road and Bridge Construction, as modified bythis document. The Contractor must make the request in writing, and in themanner specified in 108.08. The contract schedule and completion datesmay be modified only by a properly executed written change order.2. Weather Related Time Extensions. Article 108.08(b)(2) of the StandardSpecifications concerning Extraordinary Conditions of Weather shall bemodified by the addition of the following:“The City of Champaign interprets that extraordinary conditions of weatherwould include the number of rainfall events that exceed normal frequency.The term normal frequency shall be defined as the range of rainfall eventsthat falls within plus or minus one standard deviation from the median. Thisrange of rainfall events is expected to occur approximately 85% of the time.To determine the actual number of rainfall events that fall within the normalrange for the particular seasons of the year, weather records collected by theIllinois State Water Survey for the period from 1965 to 2001 were statisticallyanalyzed. The number of rainfall events during which more than 0.10 inch ofrain fell were averaged for each month and the standard deviation wascomputed. The normal frequency of rainfall events for each month wasdetermined by adding one standard deviation to the average and roundingup to the next whole number. The result is the normal frequency of rainfallevents greater than 0.10 inches, which is shown in the table at the end ofthis section.Weather conditions that are dryer than normal do not present constructionproblems and therefore no change in contract time will be approved.Weather conditions that are wetter than normal may impact and delayconstruction. Therefore, for each day that a rainfall event of 0.10 inch orgreater occurs above the expected normal frequency, one additionalcalendar day shall be added to the construction contract completion date.Rainfall shall be measured on the job site where work is being performed.”Part 2 GC-Outdoor CIP - 6 - C-4 6/13

Rainfall Frequency Analysis for Champaign, Illinois1965 to 2001Frequency of Rainfall Events Greater Than 0.10 Inches.Month Average One Standard Deviation Normal FrequencyApril 7.8 2.8 11May 7.8 2.4 11June 6.0 2.7 9July 6.7 2.9 10August 6.3 2.4 9September 5.4 2.5 8October 5.6 2.0 8November 6.1 2.3 93. Fire Related Time Extensions. Article 108.08(b)(4) of the StandardSpecifications concerning Fires shall be modified by the addition of thefollowing:“Fires on the job site, adjacent to the work site, or involving the Contractors’,sub-contractors’ or material suppliers’ property that materially affects theprogress of the work will be considered as justification for an extension oftime.”4. Epidemic Related Time Extensions. Article 108.08(b)(5) of the StandardSpecifications concerning Epidemics shall be modified by the addition of thefollowing:“Epidemics that affect the Contractors’, sub-contractors’ or materialsuppliers’ ability to obtain construction labor or labor to produce materials willbe considered a justification for an extension of time.”5. Material Delivery Related Time Extensions. Article 108.08(b)(8) of theStandard Specifications concerning material delivery shall be modified by theaddition of the following:“Material delivery delays may be considered a justification for an extensionof time when the Contractor has exercised due diligence in securing criticalmaterials. Due diligence is established when the following conditions havebeen met:a. The Contractor has submitted all shop drawings in compliance with2.4(C)(1) above; andb. The submitted shop drawings demonstrate that the selected materialsupplier’s delivery schedule will permit the Contractor to meet thecompletion date requirements specified in the bid documents; andc. The Contractor has placed the order for materials in compliance withthe material suppliers’ requirements within five (5) business days ofthe date of the Notice to Proceed or shop drawing approval,whichever is later; andd. The Contractor notifies the City Engineer in writing immediately, butno later than within five (5) business days of receiving notice of themanufacturer’s inability to deliver materials pursuant to the schedule;ande. The City Engineer has investigated the material supplier’s claim ofdelayed delivery and found it to be justified.Part 2 GC-Outdoor CIP - 7 - C-4 6/13

6. Other Time Extensions. This Section 2.4 may be further modified ordefined in Part 3 – Technical Specifications.2.5 Guarantee Period (This Section does not apply to construction contracts funded withMotor Fuel Taxes administered by the Illinois Department ofTransportation.)The Contractor warrants all work performed under this contract is free from defects and wasperformed in accordance with the Contract Documents for a period of one (1) year from thedate of final completion of the work, as accepted in writing, by the City Engineer after allother partied have signed the document. In case of acceptance of a part of the work foruse or occupancy prior to the final acceptance of the entire work, the guarantee for the partso accepted shall be for a period of one (1) year from the date of such partial acceptance,in writing, by the City Engineer. Work performed due to this warranty requirement shall beguaranteed for a period of one (1) year. This Section 2.5 may be further amended in Part 3– Technical Specifications.2.6 Utilities and Other Facilities Encountered. In addition to the following sections, theContractor shall comply with Article 105.07 of the Standard Specifications.A. Location of Facilities Not Shown on Plans. The Contractor is advised thatvarious underground and surface utilities and other facilities may or may not beshown on the plans. The locations and dimensions of such facilities where showndo not purport to be absolutely correct. Such facilities are plotted on the plans forthe information of the Contractor, but information so given is not to be construed asa representation that such facilities will be found or encountered exactly as plotted.Other facilities and structures may also be encountered which are not shown on theplans. The City and its City Engineer assume no responsibility whatever in respectto the sufficiency or accuracy of the information shown in the plans relative to thepresence or location of such facilities.B. Contractor Responsible for Locating Facilities. Before beginning work, it shallbe solely the Contractor's responsibility to coordinate with the utility or other facilityowners and to determine the actual location of all such facilities. The Contractorshall also obtain from the respective companies detailed information relative to thelocation of their facilities and the working schedules of the companies for removingor adjusting them.C. Field Locations; Companies Known to Have Facilities Within the City. For fieldlocations for all utilities call "JULIE" at 800-892-0123.(http://www.illinois1call.com/index.htm) The following is a partial list of companies,municipalities or agencies known to have underground or overhead facilities withinthe City right-of-way in the City of Champaign:Part 2 GC-Outdoor CIP - 8 - C-4 6/13

COMMUNICATIONSPOWERAND GASRAILROADSEWERSSTREETLIGHTS &TRAFFICSIGNALSWATERAT&T201 S. Neil StreetChampaign, IL 61820Phone (217) 398-7980Fax (217) 398-7991Comcast303 Fairlawn DriveUrbana, Illinois 61801Phone (217) 384-2530FAX (217) 384-2021AmerenConstruction Engineering500 S. 27 th StreetDecatur, IL 62521Phone: 1800-892-7715Fax: (217) 425-4161Canadian National/Illinois Central2905 N. OakUrbana, IL 618021-888-888-5909City of Champaign Operations702 Edgebrook DriveChampaign, IL 61820-2159Phone: (217) 403-4770Fax: (217) 403-4754Urbana-Champaign Sanitary District1100 E. University AvenueUrbana, IL 61803Phone: (217) 367-3409Fax: (217) 367-2603City of Champaign Traffic &Lighting702 Edgebrook DriveChampaign, IL 61820-2159Phone: (217) 403-4710Fax: (217) 403-4755Illinois American WaterP.O. Box 578Alton, Illinois 62002Phone: 1-800-422-2782Fax: (618) 433-4569University of IllinoisFacilities & ServicesService Office(217) 333-0340University of IllinoisFacilities & ServicesService Office(217) 333-0340Norfolk & SouthernTrack Supervisor2100 W. College AvenueNormal, IL 61761-2372Phone (309) 452-7922University of IllinoisFacilities & ServicesService Office(217) 333-0340University of IllinoisFacilities & ServicesService Office(217) 333-0340University of IllinoisFacilities & ServicesService Office(217) 333-0340D. Maintain Facilities in Operating Condition. The Contractor shall maintain inoperating condition all utilities and other facilities encountered in the work except asspecifically noted by the Contract Documents. The Contractor shall be entirelyresponsible for all damages to water pipes; electrical conduits; existing drains orsewers; gas pipes; and poles carrying electrical current, telephone, telegraph ortelevision lines during the prosecution of the work and shall be liable for damages topublic or private property resulting therefrom, which amount may be deducted fromany monies due the Contractor for work done. Any damage to existing utilities andother facilities as a result of the Contractor's construction operations shall berepaired to the satisfaction of the facility owner at the Contractor's expense, whetheror not said facilities are shown on the plans.Part 2 GC-Outdoor CIP - 9 - C-4 6/13

E. Contractor Responsible for Cost of Moving Facilities. Facilities that are withinthe limits of and interfere with the proposed construction are to be moved orremoved at no cost to the City except as otherwise provided for in the StandardSpecifications, General Conditions, Technical Specifications or as noted in theplans.It is understood and agreed that the Contractor has considered in the bid all of theknown, and otherwise unknown, permanent and temporary facility appurtenances intheir present or relocated positions and that no additional compensation will beallowed for any delays, inconvenience or damage sustained by the Contractor dueto any interference from the said facility appurtenances or by the operation ofmoving them either by the facility owners or by the Contractor; or for any specialconstruction methods or sequences required in prosecuting the work due to theexistence of said appurtenances either in their present or relocated positions.F. Notification Requirement for Damages to Utilities and Facilities.1. Gas Utility Damage. If the Contractor or its subcontractor cuts a gas line ofany size, the Contractor shall immediately, and not later than ten (10)minutes after such damage, notify the Champaign Fire Department bycalling ‘911’ and reporting a gas line cut. After the Champaign FireDepartment is notified, the Contractor shall notify the appropriate utilitycompany of the damage. The Contractor shall notify the utility company ofsuch damage immediately and not later than ten (10) minutes of itsoccurrence unless unusual or extreme conditions prevent the Contractorfrom making notification.2. Other Facilities. In the event that any other type of utility or other facilityline is damaged, the Contractor shall notify the appropriate facility companyof the damage. The Contractor shall notify the facility company of suchdamage immediately and not later than ten (10) minutes of its occurrenceunless unusual or extreme conditions prevent the Contractor from makingnotification.G. Notice to Water Company Regarding Fire Hydrant Use.The Contractor shall notify the water company of the dates and times when a firehydrant will be required for use on a project and shall also notify the company whenthe use is completed.2.7 Protection of Existing Features Within and Adjacent to the Work Area.A. General. The Contractor shall preserve and protect all existing trees, shrubs,plantings, street signs, parking meters, fences, retaining walls, windows, light poles,pavement surfaces, property survey monuments, structures and utility lineappurtenances unless otherwise provided for in the plans and Contract Documents.Any required protection of existing features within and adjacent to the work areashall be considered part of the Contractor’s responsibility under this contract. Anydamage to existing features within and adjacent to the work area, created by failureof the Contractor to provide adequate protection from its construction operations,shall be repaired or replaced to the satisfaction of the respective owner at theContractor's expense.Part 2 GC-Outdoor CIP - 10 - C-4 6/13

B. Survey Monuments. The Contractor shall preserve and protect all permanentsurvey markers, including private property corner markers, section or quartersection monuments, and permanent benchmarks. Survey markers necessarilymoved as a result of construction, or otherwise damaged by the Contractor shall bereplaced at the Contractor's expense by a land surveyor registered in the State ofIllinois. The Contractor shall comply with 605 ILCS 5/9-104 pertaining to sectionalor other corner stones.2.8 Private Contracting Work.It is acknowledged that occasions may arise during the course of construction, whereadjacent private property owners may request the Contractor to perform certain work underseparate contract (e.g. private driveways, sidewalks, etc.). Such private contracting work isacceptable to the City; however, the City Project, construction work, time schedule,specifications or conditions shall not be jeopardized by such private contracting work.During construction, the City Engineer shall be kept informed by the Contractor as to thegeneral extent and scheduling of any such private work.2.9 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 thiscontract, the City may withhold a sufficient amount of any payment otherwise due to theContractor to cover the following:A. For claims arising in and from the performance of the work on the project under thisContract.B. For defective work not remedied.C. For failure of the Contractor to make property payments to its subcontractors andsuppliers.The City shall disburse and shall have the right to act as agent for the Contractor 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 Contractor a proper accounting of all such funds disbursed on behalf of the Contractor.2.10 Guarantee of WorkA. General Warranty. The Contractor warrants all work performed under this contractis free from defects and was performed in accordance with the Contract Documentsfor a period of one (1) year from the date of final completion of the work, asaccepted in writing, by the City’s Project Manager after all other parties have signedthe document. In case of acceptance of a part of the work for use or occupancyprior to the final acceptance of the entire work, the guarantee for the part soaccepted shall be for a period of one (1) year from the date of such partialacceptance, in writing, by the City’s Project Manager. Work performed due to thiswarranty requirement shall be guaranteed for a period of one (1) year unlessotherwise specified in the Technical Specifications.B. Inspection, Correction and Rejection. The City shall have the right to rejectmaterials and workmanship that are defective or require correction. Rejectedworkmanship shall be satisfactorily corrected, and rejected materials shall bePart 2 GC-Outdoor CIP - 11 - C-4 6/13

emoved from the premises, both without charge to the City. If the Contractor doesnot correct such defective work and remove rejected materials within a reasonabletime, fixed by written notice, the City may remove or correct the work and deduct theamount from any sums due the Contractor by the City.C. Inspection After Completion. Should it be considered necessary or advisable bythe City at any time before acceptance of the work to make an examination of workalready completed by dissembling, removing or tearing out same, the Contractorshall on request promptly furnish all necessary facilities, labor and materials for thatpurpose and the costs thereof shall be charged to the Contractor if the work wascovered prior to inspection by the City.D. No Waiver by Inspection or Payment. Neither the inspection of or payment forany work or materials provided pursuant to the Contract Documents shall relieve theContractor of the responsibility for negligence or faulty materials or workmanship tothe extent and within the period provided by law or this agreement, whichever islonger, and upon written notice the Contractor shall remove any defects duetherefrom and correct the same.2.11 Contingency Bid Items and Quantities/Unit PricesA. Some bid items and their respective quantities as noted on the Summary of Quantitiesin the Schedule of Prices may not be shown on the plans. These bid items are listed toestablish a unit price. In addition, some quantities include a contingency quantity that hasbeen estimated to allow for various amounts of work that may or may not be required as aresult of actual field conditions. The City Engineer will determine the need for this workduring the construction process.B. It shall be understood that no price increase will be considered in the actual unit pricesbid for these and any other unit price items as a result of an increase or decrease in theactual quantity of work to be performed.2.12 Limitation of Liability.The Contractor affirmatively represents that the Contractor is skilled and experienced in theuse and interpretation of plans, drawings and specifications such as those included in theContract Documents. Further, the Contractor also affirmatively represents that theContractor has carefully reviewed the plans, drawings and specifications of this contractand has not relied in any way on any explanation or interpretation, oral or written, from anyother source. Unless the Contractor shall give written notice to the City Engineer of anyambiguities contained in the plans, drawings and specifications at least five (5) calendardays prior to the submission of the Contractor's bid, the Contractor agrees that it shall beconclusively presumed that the Contractor has exercised the Contractor's skill andexperience and found the plans, drawings and specifications sufficient and free fromambiguities, errors or omissions for the purpose of determining the contract bid price for theperformance of the work in conformity with the plans, drawings and specifications.If the Contractor is required to do extra work not shown in the Contract Documents asdetermined by the City Engineer in his sole discretion, an equitable adjustment in thecontract bid price will be made as provided in Article 109.04 entitled “Payment for ExtraWork” of the Standard Specifications by written change order.Part 2 GC-Outdoor CIP - 12 - C-4 6/13

Further, the Contractor affirmatively agrees to limit the total aggregate liability of the Cityand its agents and consultants to an amount not to exceed $20,000 for consequential andincidental damages the Contractor may suffer with respect to any act of professionalnegligence associated or connected with the plans, drawings and specifications from whichthe Contractor prepared the contract bid price. The Contractor further agrees to obtain fromthe Contractor's subcontractor(s) as a condition precedent to their performance, a likelimitation of liability such that the total aggregate liability of the City and its agents andconsultants to the Contractor, and all subcontractor(s) shall not exceed $20,000 forconsequential and incidental damages which may be suffered by the Contractor andsubcontractor(s) in connection with the contract bid price.It is understood and agreed between the parties hereto that this limitation of liability clauseshall be confined in application to only those matters affecting the contract bid price andshall not affect any party's liability for bodily injury or property damage arising or resultingfrom the sole negligence of any party, their agents or employees.2.13 Accident PreventionThe Contractor shall exercise all reasonable protection at all times for the protection of allpersons and property and shall be responsible for all damages to persons or property,either on or off the site, which occur as a result of the Contractor’s fault or negligence inconnection with the prosecution of the work.Termination of this Contract shall not be deemed a waiver of Contractor’s responsibility.The Contractor shall observe all safety provisions of applicable laws; and, building andconstruction codes shall be observed; and, the Contractor shall take or cause to be takensuch additional safety and health measures as the City may determine to be reasonablynecessary to protect the City.2.14 Indemnification.A. To the greatest extent permitted by law, the Contractor agrees to indemnify, defendand save harmless the City and its agents, employees and consultants, from all lossor expense (including any and all costs and attorney's fees) by reason of liabilityimposed by law upon the City and its consultants, agents and employees fordamages because of bodily injury, including death, at any time resulting therefrom,sustained by any person or persons or on account of damage to property, includingloss of use thereof, arising out of or in consequence of the performance of the work,whether such injuries to person or damage to property is due or claimed to be dueto the negligence of the Contractor, the subcontractors of the Contractor, the City,and its consultants, agents and employees, except to the extent such injury ordamage shall have been occasioned by the sole negligence or willful and wantonmisconduct of the City and its agents or consultants, or employees, whether aloneor in combination.B. Responsibility for Damage Claims: The Contractor shall indemnify, defend, andsave harmless the City its officers, employees and agents, from all suits, actions orclaims of any character including the cost of defense and attorney's fees broughtbecause of any injuries or damages received or sustained by any person, persons,or property on account of the operations of said Contractor; or on account of, or inconsequence of, any neglect in safeguarding the work by the Contractor; or throughthe use of unacceptable materials in constructing the work by the Contractor; orbecause of any act or omission, neglect, or misconduct of said Contractor; orPart 2 GC-Outdoor CIP - 13 - C-4 6/13

2.15 Insurance.because of any claims or amounts recovered for any infringement or patent,trademark or copyright by the Contractor or the materials it supplied, or from anyclaims or amounts arising or recovered under the Worker's Compensation Act, orany other law, ordinance, order or decree; and so much of the money due saidContractor under and by virtue of the contract as shall be considered necessary bythe City for such purposes may be retained for the use of the City; or in case nomoney or insufficient money is due, the Contractor's surety shall be held until suchsuits, actions or claims have been settled and suitable evidence to that effectfurnished to the City.A. General Requirement. During the term of this Agreement, at its own cost andexpense, the Contractor shall maintain in full force and effect insurance policies asenumerated below.B. Occurrence Policies. All policies shall be written on an occurrence basis.C. Additional Insured. The required Certificate of Insurance must include thestatement “The City of Champaign and its officers and employees are added asadditional insured parties on the General Liability policy on a primary andnon-contributory basis”.D. Qualification of Insurers. All policies will be written with insurance carriersqualified to do business in the State of Illinois rated A-VIII or better in the latestBest's Key Rating Guide.E. Time of Submission; Certificate of Insurance. At or before the time of executionof this agreement and prior to commencing any work activity on the project, theContractor shall provide the City with certificates of insurance showing evidence theinsurance policies noted below are in full force and effect and giving the City at least30 days written notice prior to any change, cancellation, or non-renewal except inthe case of cancellation for non-payment of premium, in which case notice shall be10 days. The Contractor shall provide any renewal certificates of insuranceautomatically to the City at least 30 days prior to policy expiration. The Contractorshall upon request of the City provide copies of any or all insurance policies.F. Types and Limits of Insurance.1. Commercial General Liability Insurance (CGL). Contractor shall maintainCGL insurance with a limit of not less than $1,000,000 each occurrence.The CGL insurance shall be written on ISO occurrence form CG 00 01 (orsubstitute form providing equivalent coverage) and shall cover liability arisingfrom premises, operations, independent contractors, personal andadvertising injury, and liability assumed under an insured contract. The Cityof Champaign, its officers and employees shall be included as insured underthe CGL, using ISO additional insured endorsement 20 10 or substituteproviding equivalent coverage. The insurance shall apply as primaryinsurance with respect to any other insurance or self insurance programsafforded to the City. There shall be no endorsement or modification of theCGL to make it excess over other available insurance; alternatively if theCGL states that it is excess or pro rata, the policy shall be endorsed to beprimary with respect to the additional insured. There shall be noPart 2 GC-Outdoor CIP - 14 - C-4 6/13

endorsement or modification of the CGL limiting the scope of coverage forliability assumed under a contract.2. Automobile Liability. Contractor shall maintain automobile liabilityinsurance with a limit of not less than $1,000,000 each accident. Suchinsurance shall cover liability arising out of any auto, including owned, hired,and non-owned autos.3. Workers’ Compensation Insurance. Contractor shall maintain workers’compensation and employers’ liability insurance. The commercial umbrellaand/or employers’ liability limits shall not be less than $1,000,000 eachaccident for bodily injury by accident or $1,000,000 each employee for bodilyinjury by disease.4. Builders Risk Insurance or Installation Floater: The terms Builders Riskand Installation Floater are interchangeable as respects the requiredcoverage. The Contractor will provide either a Builders Risk or anInstallation Floater as the circumstances of the project require, unless theOwner requires one or the other. Builders risk insurance is required ininstances where this contract is to construct a structure or involve tangibleproperty other than land, or streets and where the value of the tangibleproperty exceeds $10,000.a. The Owner’s Risk. Owner bears the risk of loss or damage for Ownerprocuredequipment while in transit or in storage away from the jobsite untilresponsibility for the Owner-procured equipment is accepted by a contractoror the property is transferred to the custody of the designated contractor, thecustody of any contractor subject to the supervision of the designatedcontractor, or any contractor named as an additional insured, or namedinsured, under the Builders Risk/Installation Floater coverage. Thedesignated contractor is responsible for providing and paying for the BuildersRisk insurance. Any loss or cost of repair not covered by such insuranceshall be borne by the Contractor responsible for the work, without additionalcost to the Owner.b. Contractor Designated to Provide Builders Risk. The Contractor isassigned the responsibility of procuring the Builders Risk policy and shallprocure a policy that insures against all risks of direct physical loss ordamage to the project. The policy shall be issued under an ISO CompletedValue Form, or equivalent form, with one hundred percent (100%) of theinsurable value of the Work to be done and incorporated in the buildingunder this contract including all materials in or adjacent thereto and intendedfor use thereon. Risk of transit and storage for equipment, not Ownerprocuredequipment or property, is the responsibility of the Contractor.Contractors will be responsible for payment of the policy deductible forlosses to their portion of the work. In addition, Contractors will also beresponsible for any losses to their portion of the work that are not covered bythe Builders Risk policy procured for the project. Contractors will beresponsible for submitting and negotiating their claims, if any, under theBuilders Risk policy, and/or for any other coverage’s that they might procureon their own behalf.Part 2 GC-Outdoor CIP - 15 - C-4 6/13

c. Insureds Under the Builders Risk Policy. The policy shall be issued in thename of the designated Contractor, and/or other party or parties designatedby the Owner, with the Owner, Assigned Subcontractor(s), ProfessionalServices Consultant(s) and other parties designated by the Owner asadditional insureds, as their interests may appear. A copy of the policy shallbe provided to the City of Champaign Risk Management Department andothers if they request a copy of the Builders Risk policy, any partiesdesignated, as additional insureds by the Owner. Contractor must agree tomaintain such insurance for the duration of the project.d. Occupancy. The policy by its terms or endorsement shall specificallypermit and allow for beneficial or partial occupancy prior to substantialcompletion of the project and acceptance by the Owner.5. Umbrella Liability: The following liability limits shall apply on a peroccurrence basis:Project AmountUmbrella Liability$1 - $99,999 One Million Dollars ($1,000,000)$100,000 - $499,999 Two Million Dollars ($2,000,000)$500,000 - $999,999 Five Million Dollars ($5,000,000)$1,000,000 + Ten Million Dollars ($10,000,000)6. Self-insured: If a self-insured retention or deductible is maintained on any ofthe policies, the Contractor shall provide the amount of the self-insuredretention or deductible to the City. Such deductibles shall be subject toapproval by the City. Such approval shall not be unreasonably withheld.The Contractor will be held solely responsible for the amount of suchdeductible and for any co-insurance.G. Subrogation Clause. The following subrogation clause shall appear in all policiesof insurance:"Subrogation Clause - It is hereby stipulated that this insuranceshall not be invalidated should the insured waive in writing priorto a loss any or all right of recovery against any party for lossoccurring to the property described herein."H. Insurance Not A Limitation. The insurance coverage and requirements containedin this Section shall not be construed to be a limitation of liability for the Contractor.2.16 Veterans Preference Act and Prevailing Wage ActA. The Contractor shall comply with the Veterans Preference Act, 330 ILCS 55/1 etseq., in the employment and appointment to fill positions in the construction,addition to, or alteration of any public works.B. The Contractor and each of its subcontractors shall comply with the PrevailingWage Act, 820 ILCS 130/1 et seq., in the matter of prevailing wages. Contractorsshall familiarize themselves with all of the provisions of the Act, and in addition,should make an investigation of the existing labor conditions, and any negotiatedlabor agreements which may exist or are contemplated at this time. A copy of theprevailing wage rates as determined by the City of Champaign, Illinois, is availablePart 2 GC-Outdoor CIP - 16 - C-4 6/13

from the City Clerk’s Office, City of Champaign, 102 North Neil Street, Champaign,Illinois. Nothing in the Act shall be construed to prohibit the payment of more thanthe prevailing wage scale. Should the prevailing wage rate change duringperformance of the Contract, the Contractor shall comply with the latestdetermination.C. Public Act 094-0515 amended the Prevailing Wage Act by changing Section 5.Contractors and subcontractors participating on public works are required to submitcertified payrolls for all projects. The information required by this Public Act issimilar to what is required on Federal projects; however, there are some differences.Some of the additional information required is the starting and ending times of workeach day, telephone number of the employee if available and that the contractor orsubcontractor is aware that filing a certified payroll that he or she knows to be falseis a Class B misdemeanor. You are strongly encouraged to review Public Act 094-0515 to ensure compliance.2.17 Employment of Illinois Workers on Public Works Act.APPLICABLE TO THIS CONTRACTIf this section is noted as “APPLICABLE TO THIS CONTRACT”, that indicates that theContractor must comply with the Employment of Illinois Workers on Public Works Act, (30ILCS 570-0.01 et seq) because the project is funded in whole or in part by funds from oradministered by the State of Illinois and the unemployment rate in the State of Illinois hasexceeded five percent (5%) during the two calendar months immediately preceding the dateof execution of this contract. In accordance with said Act, the Contractor shall insure that atleast ninety percent (90%) of laborers employed on the project shall be Illinois Laborers orcertify with prior approval by the City that an insufficient number of Illinois Laborers who arecapable of performing the work on the project are available to meet said requirement. AnIllinois Laborer, for purposes of the Act, is defined as any person who has resided in Illinoisfor at least thirty (30) days and who intends to become or remain an Illinois resident. Inaddition, the Act requires that the Contractor shall not employ more than three non-residentexecutives or experts who are otherwise regularly employed by the Contractor, to work onthe project.2.18 Human Rights Guarantee Provision.A. For purposes of this provision, "contracting entity" means the legal entity that hassigned a contract to provide services or perform work or to provide personalproperty or a combination thereof to or on behalf of the City. The words used hereinand the requirements shall be interpreted or have the meaning ascribed to them inthe City's Equal Opportunity in Purchasing Ordinance. (See Article III of Chapter12.5 of the Champaign Municipal Code, 1985, as amended.)1. Non-Discrimination Pledge. The contracting entity shall not discriminateagainst any employee during the course of employment or applicant foremployment because of 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. The contracting entity shall take good faith affirmative action inaccordance with its affirmative action plan which has been submitted to andapproved by the City.Part 2 GC-Outdoor CIP - 17 - C-4 6/13

2. Notices. The contracting entity shall post notices regarding non-discriminationin conspicuous places available to employees and applicants for employment.The notices shall be provided by the City, setting forth the provisions of the nondiscriminationpledge; however, the contracting entity may post other notices ofsimilar character supplied by another governmental agency in lieu of the City'snotices.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,records and accounts pertaining to its employment practices by the CityManager or by the City Manager's designee for purposes of investigation toascertain compliance with this provision.6. Reports. The contracting entity shall provide periodic compliance reports to theCity Manager. Such reports shall be within the time and in the mannerproscribed by the City and describe efforts made to comply with the provisionsof this provision entitled "Human Rights Guarantee".7. Remedies. In the event that any contracting entity fails to comply with the nondiscriminationpledge, affirmative action provisions of the above subsections, orfails to comply with or make good faith efforts to comply with affirmative actionplans or any provision of City, State or Federal law relating to human rights, afterthe City has provided written notice to the contracting entity of such failure tocomply and provided the contracting entity with an opportunity to speak to theCity Manager or the City Manager's designee relative to such failure to comply,then the City, at its option, may declare the contracting entity to be in default ofthis agreement and take, without election, any or all of the following actions:a. Cancel, terminate or suspend the contract in whole or in part;b. Declare the contracting entity ineligible for further contracts for a calendaryear;c. Recover from the contracting entity by set-off against the unpaid portion ofthe contract price, or otherwise recover money due to the contracting entityPart 2 GC-Outdoor CIP - 18 - C-4 6/13

pursuant to the contract, the sum of $50 per day, as liquidated damages andnot as a penalty, for each day after the date of the notice that the contractingentity shall fail to comply with these provisions of the contract, as determinedby the City Manager, the said sum being fixed and agreed upon by andbetween the contracting entity and the City because of the impracticabilityand extreme difficulty of fixing and ascertaining the actual damages which theCity would sustain in the event of such breach of contract, and said amount isagreed to be the amount of monetary damages which the City would sustain;d. Seek other sanctions as may be imposed by the Human RelationsCommission or other governmental bodies pursuant to law.B. The construction Contractor shall automatically include the provisions of theforegoing paragraphs in every construction subcontract so that the provisions will bebinding upon each construction subcontractor.2.19 Directives from the City Engineer.A. Engineering Directives. All work of the contract shall be completed to thesatisfaction of the City Engineer. The City Engineer may, from time to time, issueorders or directives regarding the work to be performed on this Project.B. Directives to Comply With Contract. The Contractor shall comply with all termsand conditions of the Contract. In the event the Contractor fails to comply with thecontract requirements or to execute work ordered by the City Engineer, the CityEngineer may, at the expiration of a period of 18 hours after giving notice in writingand/or in person to the Job Site Agent or by FAX to the Contractors Main Office,proceed to execute such work as may be deemed necessary, and the cost thereofshall be deducted from compensation due or which may become due the Contractorunder the contract. The Contractor specifically acknowledges that it is impractical tocalculate and prove all actual costs and damages associated with its failure tocomply with the terms and conditions of the contract and therefore agrees to anestimated deduction amount of $500.00 per 18 hours per incident per location, notas a penalty, but as damages.C. Safety Directives. The Contractor shall at all times protect the safety of the publicwhile performing the work. In the event the City Engineer orders work related tosafety of the public, as determined by the City Engineer, the Contractor shallexecute the work ordered by the City Engineer. If the Contractor fails to execute thework, the City Engineer may, at the expiration of a period of 4 hours after givingnotice in writing and/or in person to the Job Site Agent or by FAX to the Contractor’sMain Office, proceed to execute such work as may be deemed necessary, and thecost thereof shall be deducted from compensation due or which may become duethe Contractor under the contract. The Contractor specifically acknowledges that itis impractical to calculate and prove all actual costs and damages associated withits failure to protect the safety of the public and therefore agrees to an estimateddeduction amount of $500.00 per 4 hours per incident per location, not as apenalty, but as damages.D. Contractor Responsible for Safety. Nothing contained in this subsection shallrequire the City Engineer to make inspections or otherwise identify safety related jobconditions. The Contractor is required and has responsibility to provide for all jobsite safety conditions at all times, except as directed in writing by the City Engineer.Part 2 GC-Outdoor CIP - 19 - C-4 6/13

E. Future Projects. Failure to comply with Directives of the City Engineer may resultin disqualification of the Contractor or rejection of the bidder’s bid on future cityprojects.2.20 Claim and Dispute Resolution: APPEAL TO THE CITY MANAGER.A. Manner of Asserting Claims or Disputes. The Contractor shall bring all disputesor claims it has to the attention of the City Engineer for resolution, including allmatters relating to the execution and satisfactory completion of the work. The claimor dispute shall be in writing and specifically detail the claim or dispute. The claimor dispute must be asserted within twenty-one (21) calendar days of the date theevent resulting in the claim or dispute occurred unless sooner required by theStandard Specifications, or the claim or dispute is waived.B. Handling. The City Engineer or his designee shall review the asserted claim ordispute and respond to the Contractor in writing as to whether the claim or dispute issustained, rejected or if additional information is necessary to review the claim. Inthe event the City Engineer determines that the claim should be sustained,appropriate documentation will be prepared for the file, or a Change Order will beprepared for handling pursuant to standard City procedure.C. Appeal to City Manager.1. Notice. In the event the City Engineer determines that the claim is rejected,the City Engineer shall state in writing the basis for rejection of the claim.Thereafter, the Contractor may seek review of that decision by the CityManager or his designee. The request for review by the City Manager shallbe in writing and made within seven (7) calendar days from the date of theCity Engineer’s determination or else the claim or dispute shall be waived.The request for review shall contain the following:a. A statement specifying that a dispute has occurred;b. A statement of the Contractor’s position and a summary of evidenceand arguments supporting that position;c. The name and title of the senior executive who will be representingthe Contractor; and2. Meeting. Upon receipt of the Request for Review, the City Manager shallarrange for a meeting in Champaign, Illinois at a mutually acceptable timeand place. The meeting shall include at least the Contractor’s Job SiteAgent and appropriate city staff to address the dispute. The parties shallbring supporting documentation for their claims and disputes and meet asnecessary to resolve the dispute or claim.3. Resolution. The City Manager shall render a decision concerning the claimor dispute and, if necessary, prepare a written statement of finaldetermination. In the event the City Manager resolves the matter in favor ofthe Contractor, staff shall prepare appropriate documentation or a ChangeOrder for handling pursuant to standard City procedure. In the event theContractor is not satisfied with the final determination by the City Managerand Contractor has not otherwise waived its claim in the manner providedherein, Contractor shall retain any rights it otherwise may have inaccordance with Illinois Law with regard to said claim.Part 2 GC-Outdoor CIP - 20 - C-4 6/13

4. Failure to Participate. In the event the Contractor fails to participate in anypart of this process, it shall thereby waive the asserted dispute or claim.D. Good Faith and Continued Performance. Throughout resolution of any claims ordisputes, the parties will exercise principals of good faith and fair dealing. Theparties acknowledge that certain dispositions and remedies will require approval bythe Champaign City Council, thus immediate action may not be available. Thatnotwithstanding, the parties will continue to perform all requirements of the contractpending a resolution of the dispute or claim.2.21 Default and Termination.In the event the Contractor voluntarily petitions for bankruptcy or is adjudge bankrupt ormakes a general assignment for the benefit of creditors or if a receiver is appointed onaccount of the Contractor’s insolvency or in the event that any of the provisions of thiscontract are violated by the Contractor or any of its subcontractors, in addition to its otherremedies, the City may terminate the contract immediately by sending written notice to theContractor. The City may serve notice upon the Contractor of its intention to terminate thecontract unless certain remedial actions are taken and, unless the remedial actions havebeen taken to the satisfaction of the City, the contract shall terminate. The City may takeover the work and prosecute the same to completion and the Contractor shall be liable tothe City for any excess cost occasioned to the City thereby.2.22 Attorneys Fees.The Contractor shall be responsible for all costs incurred by the City to enforce anyprovision of this contract and/or to remedy any Contractor default or breach of contract,including all court costs and reasonable attorney’s fees.2.23 Construction Debris.The Contractor shall not conduct any generation, transportation or recycling of constructionor demolition debris, clean or general or uncontaminated soil generated during construction,remodeling, repair, and demolition of utilities, structures, and roads that is not commingledwith any waste, without the maintenance of documentation identifying the hauler, generator,place of origin of the debris or soil, the weight or volume of the debris or soil, and thelocation, owner, and operator of the facility where the debris or soil was transferred,disposed, recycled or treated. The Contractor must maintain this documentation for 3years. The following criteria must be met:A. The Contractor must ensure that load tickets and manifests that document thetransfer, disposal, or other disposition of all debris leaving the construction site arecompleted.B. The load ticket and manifest shall:1. Identify the hauler, generator, and place of generation of the debris or soil.2. Identify the weight or volume of the debris or soil.3. Identify the location, owner, and operator of the facility where the debris orsoil was transferred, disposed, recycled, or treated.C. The generator, transporter or recycler must maintain this documentation for 3 years.Part 2 GC-Outdoor CIP - 21 - C-4 6/13

2.24 Tree Protection In Construction Zones.A. Tree Protection Barriers. It is the responsibility of the Contractor to protect allpublic trees located on the public right-of-way adjacent to work sites. Trees shall beisolated from all construction activities by erecting durable barriers (e.g. chain linkfence, plywood walls, or portable concrete “jersey” barriers) around any trees thatmay be subject to construction damage prior to the start of any work. Plastic snowfence is not acceptable.B. Tree Identification. Trees requiring protection shall be identified on the plans or asdirected by the City Engineer or City Forestry Supervisor. The dimensions of treeprotection barriers shall be as follows:1. Small trees (0-6 inches in diameter) shall be protected by erecting protectivetree barriers the maximum width of the parkway and lengthwise 5 feet from thecenter of the tree on each side of the tree.2. Medium to large trees (7 inches and greater in diameter) shall be protected in amanner determined by the Forestry Supervisor. In no case shall the protectivedevice be closer than 10 feet from the centerline of the tree except in thoseportions bordered by the public sidewalk or curb, in which case the protectivedevice shall be offset 1 foot wherever possible.C. Material or Equipment Storage Near Trees Prohibited. Soil, excavated material,gravel, crushed aggregate, concrete or any type of construction materials shall notbe temporarily stored or deposited at the base of trees or within the drip line oftrees. Vehicles or construction equipment of any type shall not drive, park or passover the root zones of trees, unless such movement is unavoidably necessary forthe construction of the proposed improvements. Failure to adequately protect treesduring construction will result in liquidated damages. Costs for repair orreplacement resulting from construction damage will be borne by the Contractor.D. Underground Utility Installations. All installations of underground utilities on thepublic right-of-way are subject to approval by the City. Any installations that mayaffect parkway trees due to underground conflicts are subject to the review andapproval of the City Forestry Supervisor. Utility installation on the public right-ofwayshould follow the guidelines listed in the attached table. When auguring isrequired, the distance of the tunnel from the face of the tree is determined by thediameter of the tree at 4 1/2 feet. In no case shall the tunnel be less than 2 feet indepth.E. Excavation Within Tree Root Zone. Cutting roots is unavoidable in trenching andexcavation operations within the tree root zone. Generally the root zone lies withinthe drip line of the trees, but may extend beyond the drip line for some trees. Whenroots are encountered in excavation, it is necessary that all exposed roots be cutcleanly to promote wound closure and regeneration. The cuts shall be a cleanvertical cut at the proper root locates nearer the tree trunk. The cut shall be madeby hand digging around the root and cutting with a chain saw, hand saw, lopper orother similar method. Ripping, shredding, chopping or tearing will not be permitted.Alternatively, a root saw such as a Vermeer model V1550 or approved equal maybe used to cut roots prior to excavation. Use of a backhoe, ax, hatchet, pick ax,machete or knife will not be permitted.Part 2 GC-Outdoor CIP - 22 - C-4 6/13

F. Pre-Construction Pruning. Clearance pruning to avoid conflicts with constructionequipment will be done by City Forestry crews upon request. Requests for pruningshould be received a minimum of one month before the start of construction, or atthe pre-construction conference.G. Tree Removal. If it is necessary to remove a City tree that is not indicated to beremoved on the plans, the Contractor shall bear the cost of removal and shallreimburse the City for the replacement value of the tree in accordance with TheGuide for Plant Appraisal and its successor publications, as published by theInternational Society of Arboriculture.2.25 Trespass and Damage to Private Property.A. Trespass. The Contractor shall not walk, drive, park or store equipment, cars, ortrucks, move or otherwise occupy any portion of private property without expresswritten consent of the private property owner. This prohibition includes drivewaysand the driveway apron located on public right of way. A copy of the written consentshall be provided to the City prior to the use of said private property. Said consentshall contain an express acknowledgement by the property owner that theContractor, and not the City of Champaign, shall be responsible for any and alldamages that may arise from the use of said property. Contractor shall obtain arelease of claim from each private property owner when the property is no longerused for the project and shall provide copies of the same to the City. Claims fordamage or breach of contract shall be processed and resolved by the Contractor inthe manner set forth in section (B) below.B. Damage. During the construction of improvements covered under this contract,damage may occur to private property or to property owned by governmentagencies including, but not limited to, the City of Champaign, the University ofIllinois, Park District, or Mass Transit District. Property owners may seekreimbursement for the damages from the Contractor. The City has an interest inassuring that all damage claims are resolved in a professional and timely manner.To assure that all property owners receive professional and prompt resolution oftheir claim, the following procedure shall be followed:1. Not later than the day of the pre-construction conference, the Contractorshall provide the City the name, job title, and telephone number of theContractor’s Claim Representative who is responsible for receiving andresponding to damage claims.2. In instances where owners of damaged property, or their agents, contact theCity to report damage, the owner or their agent will be advised to report thedamage and the estimated cost to the Contractor’s Claim Representativewho is responsible for receiving and responding to damage claims.3. The Contractor shall report all claims in writing, within seven calendar daysof receipt, to the City of Champaign Risk Manager. This may beaccomplished by a routine weekly claim report. The Risk Manager may bereached by mail or in person at the City of Champaign PersonnelDepartment, 102 N. Neil Street, Fourth Floor, Champaign, Illinois 61820,telephone 217-403-8770, fax 217-403-8780.Part 2 GC-Outdoor CIP - 23 - C-4 6/13

2.26 Concrete Material.4. The Risk Manager will inform the City Engineer that a damage claim hasbeen filed. The City Engineer shall immediately withhold from all paymentsdue the Contractor an amount of $500.00 per damage claim for compliancewith this section. The amount withheld shall be retained until theContractor’s Claim Representative provides to the City’s Risk Manager acopy of the formal written response to the property owner making thedamage claim.5. In the event that the Contractor’s Claim Representative fails to provide aformal written response to the claim prepared by the Contractor’s insurancecarrier within sixty (60) calendar days, $500.00 per claim shall be deductedfrom all payments due the Contractor as liquidated damages and not as apenalty. For every 60 calendar days that elapse without a formal writtenresponse, an additional $500.00 shall be deducted from all payments duethe Contractor as liquidated damages and not as a penalty. The sumretained shall continue to be held until a formal written response is provided.A 60-day extension of time shall be granted if the Contractor’s ClaimRepresentative provides a written explanation for the response delay to theCity’s Risk Manager.6. The Contractor’s Claim Representative shall provide to the City’s RiskManager a copy of the formal written response to the claim prepared by theContractor’s insurance carrier or third party claims administrator. Finalpayment to the Contractor for the project may be made after the City’s RiskManager advises the City Engineer that the Contractor has processed theclaim professionally and promptly as defined in this section.A. Portland Cement Concrete Sources. All Portland Cement Concrete providedunder this contract shall meet the requirements of Section 1020 of the StandardSpecifications. All concrete shall be from an Illinois Department of Transportation(IDOT) approved plant and prepared using an IDOT approved mix design.B. Material Strength Deficiency Calculation. The plans may specify locations wherePCC concrete shall obtain a minimum flexural strength of 600 psi or a compressivestrength of 3200 psi within 72 hours. Completed work made of PCC concrete thatfails to meet the specified minimum strength requirements shall be paid for at a rateless than the established contract unit prices. The City is paying a premium for highearly strength concrete and will not pay that premium when the material fails toperform as specified. The payment rates shall be determined by using one of thefollowing equations depending upon the strength measurement system used:Compressive Strength Formula:Flexural Strength Formula:R = U * {(C 1 + C 2 +…+C n ) / (3,200 * n)}R = U * {(C 1 + C 2 +…+C n ) / (600 * n)}Where:R = Reduced Rate of PaymentU = Unit Bid Price Established in the Contract Documents for Pay Item in QuestionC = Compressive Strength of Individual Test Specimen at 72 HoursN = Number of Test SpecimensPart 2 GC-Outdoor CIP - 24 - C-4 6/13

2.27 Traffic Control.The calculated payment rate shall be used only for that portion of the workrepresented by the test specimens. The City Engineer shall keep detailed recordsof the locations where test specimens were obtained, and the quantities of workcompleted in conjunction with that days concrete pour. In no case shall the rate ofpayment exceed the Contract Unit Price.A. General.1. This section may be further modified or defined in Part 3 - TechnicalSpecifications.2. This item of work shall include furnishing, installing, maintaining, replacing,relocating and removing all traffic control devices used for the purpose ofregulating, warning or directing traffic during the construction or maintenanceof this improvement.3. Traffic control shall be provided as called for in the plans, the TechnicalSpecifications, applicable Highway Standards, applicable sections of theStandard Specifications, or as directed by the City Engineer. A FLAGMANSHALL BE REQUIRED AS INDICATED ON IDOT TRAFFIC CONTROLSTANDARDS AND AS DIRECTED BY THE CITY ENGINEER.4. The governing factor in the execution and staging of work for this project isto provide the motoring public with the safest possible travel conditions alongthe roadway through the construction zone. The Contractor shall arrange hisoperations to keep the closing of any lane of the roadway to a minimum.5. All traffic control devices used on this project shall conform to the plans,Special Provisions, Traffic Control Standards, Traffic Specifications and the"Illinois Manual on Uniform Traffic Control Devices for Street and Highways"(MUTCD). No modification of these requirements will be allowed withoutprior written approval of the City Engineer. Arrow boards where specifiedfor use on this projects shall be solar powered.B. Keeping the Road Open to Traffic.1. Traffic shall be permitted to use the road at all times. All constructionoperations shall be arranged to facilitate the movement of traffic.2. On two-lane pavements, construction operations shall be confined to onetraffic lane, leaving the opposite lane open to traffic.3. On 4-lane pavement, construction operations shall be confined to 1 traffic lanein each direction, leaving the other 2 traffic lanes open to traffic throughout theperiod of construction.C. Opening Lanes For Sporting Events.1. No broken pavement, open holes, trenches, barricades, cones, or drums willremain on or adjacent to the traveled way and all lanes shall be opened totraffic during any Home Football Period, except where major bridgePart 2 GC-Outdoor CIP - 25 - C-4 6/13

construction and/or other major roadway reconstruction requiring overnightlane closures would make it impractical. Patching and resurfacing is notconsidered major roadway reconstruction.2. Home Football Period: The Home Football Period shall apply for Universityof Illinois football games to be played at Memorial Stadium at the Universityof Illinois at Urbana-ChampaignDay of Football GameLength of Home Football PeriodTuesday, Wednesday,or Thursday3:00 PM on the day before the game until 6:00 AM on the day afterthe game.Friday3:00 PM on Thursday until 12:01 AM MondaySaturday3:00 PM on Friday until 12:01 AM MondaySunday3:00 PM on Friday until 6:00 AM MondayMonday12:01 AM on Saturday until 6:00 AM TuesdayShould the Home Football Period for two different games overlap, then bothshall apply and shall be considered as one continuous period.3. These requirements shall apply in addition to any other requirements in theStandard Specifications.D. Quality of Traffic Control Devices.1. Traffic Control Devices include signs and their supports, signals, pavementmarkings, barricades with sand bags, channelizing devices, warning lights,arrow boards, flaggers, or any other device used for the purpose ofregulating, detouring, warning or guiding traffic through or around theconstruction zones.2. Only signs, barricades, vertical panels, drums and cones that meet therequirements of IDOTS “Quality Standard for Work Zone Traffic ControlDevices - 2004" shall be used on this project. Copies of this publication areavailable at http://dot.state.il.us/workzone/controldevices.html3. At the time of the initial set-up or at the time of major stage changes, 100percent of each type of device (cones, drums, barricades, vertical panels orsigns) shall be acceptable as defined by the referenced publication.Throughout the duration of the project, the percentage of acceptable devicesmay decrease to 75 percent only as a result of damage and/or deteriorationduring the course of the work. Work shall not begin until a determination hasbeen made that the traffic control devices meet the quality required in thisstandard. The Contractor is required to conduct routine inspections of thePart 2 GC-Outdoor CIP - 26 - C-4 6/13

work site at a frequency that will allow for the prompt replacement of anytraffic control device that has become displaced or damaged to the extentthat it no longer conforms to the shape, dimensions, color and operationalrequirements of the MUTCD, the Traffic Control Standards or will no longerpresent a neat appearance to motorists. A sufficient quantity of replacementdevices, based on vulnerability to damage, shall be readily available to meetthis requirement.E. Placement of Traffic Control Signs and Devices.F. Signs1. The Contractor shall be responsible for the proper location, installation andarrangement of all traffic control devices. Special attention shall be given toadvance warning signs during construction operations in order to keep laneassignment consistent with barricade placement at all times. The Contractorshall immediately remove, cover or turn from the view of the motorists alltraffic control devices which are inconsistent with detour or lane assignmentpatterns and conflicting conditions during the transition from one constructionstate to another. When the Contractor elects to cover conflicting orinappropriate signing materials used, he shall totally block out reflectivity ofthe sign and shall cover the entire sign. The method used for covering thesigning shall meet the approval of the City Engineer.2. The Contractor shall coordinate all traffic control work on this project withadjoining or overlapping projects, including barricade placement necessaryto provide a uniform traffic detour pattern. When directed by the CityEngineer, the Contractor shall remove all traffic control devices, which werefurnished, installed and maintained by him under this contract, and suchdevices shall remain the property of the Contractor. All traffic control devicesshall remain in place until specific authorization for relocation or removal isreceived from the City Engineer.3. The Contractor shall ensure that all traffic control devices installed areoperational, functional and effective 24 hours a day, including Sundays andholidays.1. Construction signs referring to daytime lane closures during working hoursshall be removed, covered or turned away from the view of the motoristsduring non-working hours.2. Flashing lights shall be used on each approach in advance of the work areaand installed above the first two signs in each series during the hours ofdarkness.3. All provisions of Article 107.25 of the Standard Specifications shall applyexcept the third paragraph shall be revised to read: "The Contractor shallmaintain, furnish, and replace at his own expense, any traffic sign or postwhich has been damaged or lost by the Contractor or a third party.”G. Lights on Barricades. All barricades, drums and vertical panels shall be equippedwith a flashing light when used during hours of darkness.Part 2 GC-Outdoor CIP - 27 - C-4 6/13

H. Placement and Removal of Signs and Barricades. Placement of all signs andbarricades shall proceed in the direction of flow of traffic. Removal of all signs andbarricades shall start at the end of the construction areas and proceed towardoncoming traffic unless otherwise directed by the City Engineer.I. Pedestrian Sidewalk Control.1. The Contractor shall install, maintain and remove necessary signs andbarricades needed to direct pedestrians to usable sidewalks and walkwaysduring the construction in accordance with Traffic Control Standard Case701801.2. All barricades shall be Type I and II equipped with a flashing light. At eachpoint of closure, sufficient number of barricades shall be used to completelyclose the sidewalk to pedestrian movement.3. Generally, where construction activities involve the intersection of two streets,the work shall be staged so that both sidewalks (cross walks) are not out ofservice at the same time. Pedestrian traffic control shall be pre-approved bythe City Engineer.J. Public Safety and Convenience.1. The Contractor shall provide a telephone number where the Contractor’sJob Site Agent can be contacted on a 24-hour-a-day basis to receivenotification of any deficiencies regarding traffic control and protection. TheContractor shall dispatch men, materials and equipment to correct any suchdeficiencies. The Contractor shall respond to any call from the Cityconcerning any request for improving or correcting traffic control devices andbegin making the requested repairs within two hours from the time ofnotification.2. When traveling in lanes open to public traffic, the Contractor's vehicles shallalways move with and not against or across the flow of traffic. Thesevehicles shall enter or leave work areas in a manner, which will not behazardous to, or interfere with traffic and shall not park or stop except withindesignated work areas.3. Personal vehicles shall not park within the grassy area of public right-of-wayexcept in specific areas designated by the City Engineer.4. The Contractor shall maintain entrances and side roads along the proposedimprovement. Interference with traffic movements and inconvenience toowners of abutting property and the public shall be kept to a minimum. Anydelays or inconveniences caused the Contractor by complying with theserequirements shall be considered, as incidental to the contract, and noadditional compensation will be allowed.K. Compliance With Parking Regulations.1. The work to be performed under this contract is exempted by the MunicipalCode of the City of Champaign, Section 33-18, from certain regulationsPart 2 GC-Outdoor CIP - 28 - C-4 6/13

contained in Chapter 33 of the Municipal Code. The language of this sectionsays:"The provisions of this chapter regulating the movement andparking of vehicles shall not apply to equipment or vehicleswhile actively engaged in installing, repairing or otherwiseimproving streets or street pavements."2. This is interpreted to mean that while actual construction work is in progress,vehicles necessary for the production of the work may temporarily park orstop in locations in the immediate vicinity of the work site. Vehicles andequipment include those vehicles and equipment owned or leased by theContractor and his employees which are actively used in the constructionactivity. This exemption does not apply to any vehicle or equipment, which isnot essential to the actual progress of the construction. (e.g., a vehicleowned by the employees of the Contractor used to transport the employee tothe job site or to his home but not used to carry tools actively used on theproject site). These vehicles must be parked according to posted regulationsand are subject to any meter fees.L. Closing Streets to Through Traffic.1. No streets may be closed to through traffic without the permission of the CityEngineer. There may be construction locations at which the work could beaccomplished in less time if a road closure is permitted. At those locations,the Contractor may propose a road closure and identify the exact type oftraffic control signage proposed. Roads may not be closed unless approvedby the City Engineer and provided there is a reasonable convenient detourroute available and provided work is continuous. Minimum working day is 8hours per day 5 days per week when roads are closed.2. The method of signage should conform to one of several IDOT TrafficControl Design Standards. The City Engineer shall have the right to approveor deny any requested road closure. No road closure will be permittedwithout the approval of the City Engineer. The following procedure shall beused:a. The Contractor shall confer with the City Engineer a minimum of fiveworking days in advance of any proposed road or street closure.b. A press release shall be prepared by the City Engineer for publicationat least 48 hours preceding the proposed closure.c. Temporary no parking signs will be provided by the City Engineerand posted by the Contractor a minimum of 24 hours prior to the timethat they must be enforced. A 48-hour posting period is desired.d. Handbills (notices) prepared by the City Engineer stating the time ofthe closure and estimated duration shall be distributed by theContractor to every residence, which will be affected by the closure.Handbills (notices) shall be placed on the windshields secured by thewiper blade of every parked car on the street, which will be affectedby the closure. Handbills shall be distributed a minimum of 48 hoursin advance of any closure.e. When the operation extends through an intersection, the appropriateHighway Standards shall be erected on the side street to safeguardPart 2 GC-Outdoor CIP - 29 - C-4 6/13

the traffic as directed by the City Engineer.f. Keeping Entrances Open. At least one entrance shall be kept open atall times for properties, which have more than one existing entrance.Any other entrances that are 20 feet wide or wider shall have half ofit’s width left open so that traffic will be allowed to use the portion ofthe entrance that is not obstructed or under construction.g. Any inconveniences, delays or costs incurred by the Contractor incomplying with these Special Provisions will be considered to beincidental to the contract and no additional compensation will beallowed.M. Opening Road To Traffic. Prior to opening the pavement to traffic, all patches,adjoining pavement and the entire right of way adjacent to the patching operationsshall be cleared of all materials caused by the Contractor’s operations, and the backfillalong the curb-line or shoulder edge of the pavement shall be compacted to thesatisfaction of the City Engineer.N. Notice To Residents Handbill Delivery. The Contractor shall deliver handbills,provided by the City Engineer, to homeowners and business owners adjacent toconstruction zones at least 48 hours in advance of beginning any constructionactivities. The City Engineer shall designate the limits of handbill delivery. Drivewayclosure handbills shall also be delivered to affected residents at least 48 hours inadvance of the driveway closure. The City Engineer shall provide the drivewayclosure handbill to the Contractor.O. Method of Measurement and Payment. The method of measurement and basis ofpayment shall be as described in Part 3, “Technical Specifications” of thisdocument. Delays to the Contractor caused by complying with these requirementswill be considered incidental to the item for Traffic Control and Protection, and noadditional compensation will be allowed.P. Failure to Comply With Traffic Control Requirements (Checked One Applies)OR1. Projects Not Funded with Motor Fuel Taxes. The primary concern of theCity is to maintain a safe traveled way for the public and a safe environmentfor the worker in the construction zone. The Contractor is expected tocomply with the contract documents and Directives of the City Engineerconcerning traffic control protection. The Contractor shall provide atelephone number where the Contractor’s Job Site Agent can be contactedon a 24-hour-a-day basis to receive notification of any deficiencies regardingtraffic control and protection. The Contractor shall immediately respondcorrecting traffic control deficiencies by dispatching men, materials, andequipment to correct such deficiencies. Failure to comply with therequirements of this Section shall be treated as a Safety Directive (2.16(C)).2. Motor Fuel Tax Funded Projects. (IDOT Required Language.)a. These provisions shall prevail over the language contained in section2.16.b. To ensure a prompt response to incidents involving the integrity ofPart 2 GC-Outdoor CIP - 30 - C-4 6/13

work zone traffic control, the Contractor shall provide a telephonenumber where a responsible individual can be contacted 24 hours-aday.c. When the City Engineer is notified, or determines a traffic controldeficiency exists, he/she will notify and direct the Contractor tocorrect the deficiency within a specified time. The specified time,which begins upon notification to the Contractor, will be from 1/2 hourto 12 hours based upon the urgency of the situation and the nature ofthe deficiency. The City Engineer shall be the sole judge.d. A deficiency may be any lack of repair, maintenance, or noncompliancewith the traffic control plan. A deficiency may also beapplied to situations where corrective action is not an option such asthe use of non-certified flaggers for short term operations; workingwith lane closures beyond the time allowed in the contract; or failureto perform required contract obligations such as traffic controlsurveillance.e. If the Contractor fails to correct a deficiency within the specified time,a daily monetary deduction will be imposed for each calendar day orfraction thereof the deficiency exists. The calendar day(s) will beginwith notification to the Contractor and end with the City Engineer'sacceptance of the correction. The daily monetary deduction will be$2,500 per day. For those deficiencies where corrective action wasnot an option this monetary deduction will be immediate.f. In addition, if the Contractor fails to respond, the City Engineer maycorrect the deficiency and the cost thereof will be deducted frommonies due or which may become due the Contractor. Thiscorrective action will in no way relieve the Contractor of his/hercontractual requirements or responsibilities. (Revised: January 1,2005)End Part 2Part 2 GC-Outdoor CIP - 31 - C-4 6/13

Project Name:PART 4PROPOSAL AND CONTRACT DOCUMENTSGateway Studio Apartments DemolitionProposal Number:2013/144.1 Proposal Form and Schedule of Prices1. The undersigned submits the attached proposal for the project described in Parts1 through 3 of the proposal documents and other work necessary to complete theproject as required by the Contract Documents.2. The undersigned has carefully examined in detail the site of the proposed work,and has familiarized himself/herself with all of the local conditions affecting thecontract and the detailed requirements of performance, and understands that inmaking the proposal, the proposer waives all right to plead misunderstandingregarding the same.3. The undersigned agrees to complete the work as set forth in Section IV below,unless additional time is granted in accordance with the contract documents.4. Accompanying this proposal is a proposal bond, a proposal guarantee cashier’scheck or money order made payable to the City of Champaign in the amount setforth in Section III below.5. If this proposal is accepted and the undersigned shall fail to execute a contract orsubmit evidence of insurance, performance bond or other documents as requiredin the Contract Documents, it is hereby agreed that the amount of the proposalsecurity shall become the property of the City, and shall be considered aspayment on damages due to delay and other causes suffered by the Citybecause of the failure to execute the contract or submit required document(s);otherwise, said proposal security shall be returned to the undersigned uponexecution of the contract and submission of required documents.6. The undersigned acknowledges receipt of the following addenda:ADDENDA NO.DATE OF ADDENDA7. The undersigned submits herewith the contractor’s Schedule of Prices coveringthe work to be performed under this contract.Part 4 – ink completion Page 1 of 23Gateway Demolition Project 6/13

I. (Please Type or Print)Name and Address of Proposer:_____________________________________________________________________________________________________________________________________________________Phone: ______________________________ Fax and Email:_________________________II. PROPOSALTotal Proposal Amount in Words: ______________________________________________________________________________________________________________________Total Proposal Amount in numbers:$________________________________________III. PROPOSAL SECURITY(Circle One) Proposal Bond / Certified Check / Cashier Check / Bank Draft / Letter of CreditBond Amount: ________________________________________________________(10% of Proposal Amount)(Item MUST be attached to this form)IV. COMPLETION DATE/SCHEDULEProject Completion Date/Schedule:OrWithin 90 calendar days of receipt of a Notice to ProceedBY:_______________________________(Signature)DATE:_______________________________________________________(Printed Name)_______________________________(Title)If a corporation, affix sealATTEST:_______________________________________________________________________________________(Printed Name)Part 4 – ink completion Page 2 of 23Gateway Demolition Project 6/13

Gateway Studio Apartments DemolitionSCHEDULE OF PRICESITEM No. DESCRIPTION AMOUNT - INDICATEPOSITIVE OR(NEGATIVE)BB01 Mobilization/Demobilization $BB02 Project Planning & Work Plan(s) Development $BB03 Above-Grade Building Demolition $BB04 Below-Grade Demolition $BB05 Building Material Rubble Removal/Disposal $Friable Asbestos Containing Materials (including $BB06 materials within the tunnels, pits, vaults, chases, andburied)Non-Friable Asbestos Containing Materials $BB07 (including materials within the tunnels, pits, vaults,chases, and buried)Hazardous Waste Removal & Disposal (within the $BB8 building’s footprints & on or above the buildingslowest floor slab)Contaminated Waste Removal & Disposal (within $BB9 the buildings’ footprints & on or above thebuildings’ lowest floor slab)BB10 Universal Waste Removal & Disposal $BB11Site Restoration, Including Fencing and Other Fill $MaterialsUnderground Utility Costs, Include the $BB12 Capping/Closing of Existing Utilities to beAbandoned & Proposed Utility CostsBB13Soft Costs for Bonding, Insurance & Project $AdministrationBB14Total Allowance Amount from Table on Page $00300-4. Refer to Section 01102 for AllowancesBB15 Environmental Testing & Site Monitoring $BB16 Security, Odor, Dust & Noise Control $TOTAL PROPOSAL AMOUNT $00300-3

Gateway Studio Apartments DemolitionUNIT PRICES AND ALLOWANCESRefer to Specification Section 01102 for a detailed description of the Allowances and Section01270 for a detailed description of the Unit Prices.ITEMNo.U001U002U003U004U005U006DESCRIPTIONExcavation, waste characterization, transportation, anddisposal of contaminated soils, as defined in Section02120.Excavation, waste characterization, transportation, anddisposal of soils classified as a “hazardous waste” inSection 02120.Disposal of contaminated concrete waste as defined inSection 02083.Disposal of hazardous concrete waste as defined inSection 02083Placing/Pumping Flowable Backfill in abandonedsewer piping, manhole vaults, structures, and pits.Pumping, waste characterization, transportation, anddisposal of non-hazardous contaminated groundwaterin accordance with the requirements set forth inSection 02130.UNIT(A)QUANTITYPERSECTION01102 (B)COSTPERUNITTon 300 $Ton 100 $Ton 5 $Ton 5 $Cu. Yd 175 $Gallon 12,000 $TOTAL ALLOWANCE AMOUNT $ALLOWANCESUBTOTAL(A) x (B)00300-4

4.2(a) Proposal Bond (Secured by Surety)We, , as Principal, and , as Surety, are held and firmly bound unto the Cityof Champaign, Illinois (hereinafter referred to as “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 proposal to the City acting through its awarding authority forthe construction of the work for the Project described in the Contract Documents towhich this is attached.THEREFORE, if the proposal is accepted and a contract awarded to the Principal by theCity for the above designated Project, and the Principal shall within fourteen (14) calendar daysafter award enter into a formal contract, furnish surety guaranteeing the faithful performance ofthe work and payment of all persons who might claim a lien on such work, and furnish evidenceof the required insurance coverage, all as provided elsewhere in these Contract Documents,then this obligation shall become void; otherwise it shall remain in full force 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 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)Part 4 – ink completion Page 4 of 23Gateway Demolition Project 6/13

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:1. Improper execution of this form (i.e. missing signature or notary public seal) may resultin the proposal being declared irregular.2. If Surety Bond is used in lieu of Guarantee Check, it must be on this form and must besubmitted with Proposal.Part 4 – ink completion Page 5 of 23Gateway Demolition Project 6/13

4.2(b) Proposal Bond (Secured by Certified Check, Letter of Credit, Cashier’s Check orBank Draft)We, , as Principal, is held and firmly bound unto the City 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 the City this sum under the conditionsof this instrument.WHEREAS the condition of the foregoing obligation is such that the said Principal issubmitting a written proposal to the City acting through its awarding authority for work describedin the Contract Documents to which this Proposal Bond is attached.THEREFORE, if the proposal is accepted and a contract awarded to the Principal by theCity for the above designated work, and the Principal shall within fourteen (14) calendar daysafter award enter into a formal contract, furnish surety guaranteeing the faithful performance ofthe work and payment of all persons who might claim a lien on such work, and furnish evidenceof the required insurance coverage, all as provided elsewhere in these Contract Documents,then this obligation shall become void; otherwise it shall remain in full force 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)Part 4 – ink completion Page 6 of 23Gateway Demolition Project 6/13

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 proposal being declared irregular.Part 4 – ink completion Page 7 of 23Gateway Demolition Project 6/13

4.3 Disclosure AffidavitDISCLOSURE AFFIDAVIT(NOTE: This Affidavit must be completely filled out and signed by any party doing business with the City. ThisAffidavit assists the City in making determinations relative to conflict of interests and other laws.)STATE OF ____________________ )) ss.COUNTY OF __________________ )SECTION I.BUSINESS STATUS STATEMENTI, the undersigned, being duly sworn, do state as follows:A. _______________________________________ (Hereinafter "Contractor") is a:Company Name(Place mark in front of appropriate type of business)_____ Corporation (if a Corporation, complete B)_____ Partnership (if a Partnership, complete C)_____ Limited Liability Corporation (if an LLC, complete C)_____ Individual Proprietorship (if an Individual, complete D)Contractor’s Federal Tax Identification Number, or in the case of an individual or soleproprietorship, Social Security Number:________________________B. CORPORATIONThe State of Incorporation is _______________________________Registered Agent of Corporation in Illinois:___________________________________Name___________________________________Address___________________________________City, State, Zip___________________________________TelephoneBusiness Information (If Different from Above):__________________________________Company Address, Principal Office__________________________________City, State, Zip__________________________________TelephoneFacsimile__________________________________WebsitePart 4 – ink completion Page 8 of 23Gateway Demolition Project 6/13

The corporate officers are as follows:President:_________________________________________Vice President: ________________________________________Secretary:_________________________________________C. PARTNERSHIP OR LLCThe partners or members are as follows: (Attach additional sheets if necessary)______________________Name______________________Name______________________Name___________________________________Home Address & Telephone___________________________________Home Address & Telephone__________________________________Home Address & TelephoneThe business address is ____________________________________________Telephone:____________________Fax:______________________My home address is________________________________________________Telephone:____________________Fax:______________________D. INDIVIDUAL PROPRIETORSHIPThe business address is ____________________________________________Telephone:____________________Fax:______________________My home address is____________________________________________Telephone:____________________Fax:______________________SECTION II. NON-COLLUSION STATEMENT (50 ILCS 105/3; 65 ILCS 5/3.1-55-10)A. This proposal is made without any connection or common interest in the profitswith any other person other than the Contractor except as listed on a separateattached sheet to this affidavit.Check One:_________ Others Interested in Contract_______ NonePart 4 – ink completion Page 9 of 23Gateway Demolition Project 6/13

B. No department director or any employee or any officer of the City of Champaign has anyfinancial interest, directly or indirectly, in the award of this contract except as listed on aseparate attached sheet to this affidavit.C. That the Proposer/Contractor is not barred from submitting a proposal on any contractas a result of violation of 720 ILCS 5/33E-3 and 5/33E-4 (Proposal Rigging or ProposalRotating).SECTION III. DRUG FREE WORKPLACE AND DELINQUENT ILLINOIS TAXES STATEMENTThe undersigned states under oath that the Contractor is in full compliance with the Illinois DrugFree Workplace Act, 30 ILCS 580/1, et. seq. The undersigned also states under oath andcertifies that the Contractor is not delinquent in payment of any tax administered by the IllinoisDepartment of Revenue except that the taxes for which liability for the taxes or the amount ofthe taxes are being contested in accordance with the procedures established by the appropriateRevenue Act; or that the Contractor has entered into an agreement(s) with the IllinoisDepartment of Revenue for the payment of all taxes due and is in compliance with theagreement. (65 ILCS 5/11-42.1-1)SECTION IV. FAMILIARITY WITH LAWS STATEMENTThe undersigned, being duly sworn, hereby states that the Contractor and its employees arefamiliar 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_____________________________Signature_____________________________Printed Name_____________________________TitleSUBSCRIBED and SWORN to before me this ____ day of _______________, 20___._________________________________Notary PublicPart 4 – ink completion Page 10 of 23Gateway Demolition Project 6/13

4.4 Proposer’s Affidavit Regarding Pending and Uncompleted Work(Construction and Demolition Proposals Only)STATE OF ________________________________)) ss.COUNTY OF ______________________________ )I, the undersigned, being duly sworn, do hereby declare that the following is atrue and correct statement relating to all uncompleted contracts of the undersigned forFederal, State, County, City and private work, including all subcontract work; and allpending low proposals not yet awarded or rejected; and equipment available.1 2 3 4 5 AwardsPendingProjectContractWith:ContractPricePart 4 – ink completion Page 11 of 23Gateway Demolition Project 6/13

GRADING $STRUCTURES $UNCOMPLETED WORK IN EVEN DOLLARSGRAVEL OR CRUSHED STONESURFACE OR BASE$BITUMINOUS SURFACE TREATMENTS $BITUMINOUS HOT MIX TYPE $CONCRETE PAVEMENT $ELECTRICAL WORK $CURB AND GUTTER $SEWERS $WATER $STORM SEWER $SIDEWALKS $DEMOLITION $OTHER (EXPLAIN) $TOTAL $DATE EQUIPMENT AVAILABLE FORWORKAffiant’s Signature:__________________________________________________________Type or Print Name & Title:___________________________________________________Company Name:___________________________________________________________SUBSCRIBED and SWORN to before me this: _____ day of ___________________, 20___.My Commission Expires: _______________________________________________Notary PublicInstructions: This affidavit is to be completely filled out and executed by the chief officer of theproposer authorized to submit the affidavit. Attach written explanation where applicable.Part 4 – ink completion Page 12 of 23Gateway Demolition Project 6/13

4.5 Subcontractor and Major Material Suppliers ListI. SUBCONTRACTOR LIST (Attach additional sheets as necessary)NAMEADDRESS AND PHONEII.MAJOR MATERIAL SUPPLIERS (Attach additional sheets as necessary)NAMEADDRESS AND PHONEPart 4 – ink completion Page 13 of 23Gateway Demolition Project 6/13

4.6 Equal Opportunity in Purchasing1. If you have a current Annual Certificate of Compliance from the CommunityRelations Office of the City of Champaign, do not fill out the Affirmative ActionForm. Attach a copy of your Certificate to your proposal.2. If you do not have a current Certificate, you must fill out the Affirmative ActionForm and file an Affirmative Action Plan with the Community Relations Office ofthe City of Champaign.3. Award of the contract by the City Council of the City of Champaign will not be onan agenda for approval until you have filled out the appropriate paperwork orhave a current Annual Certificate of Compliance.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 submit a proposal 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:Social Security Number:Part 4 – ink completion Page 14 of 23Gateway Demolition Project 6/13

Check one of the following: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:City/State/Zip:3. Major activity of your company (product or service):4. Nature of Business:Contract:Proposal: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.Part 4 – ink completion Page 15 of 23Gateway Demolition Project 6/13

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.Part 4 – ink completion Page 16 of 23Gateway Demolition Project 6/13

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 ofits knowledge and belief and agrees that it/he/she will comply and abide by the City’s AffirmativeAction Ordinance (Section 12.5-65) and Human Rights Guarantee provision (Section 12.5-64).Signature: Typed Name & Title Telephone Number DateDEFINITIONS 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 beincluded in the group 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 thanone race/ethnic group. The race/ethnic categories for this report are:Part 4 – ink completion Page 17 of 23Gateway Demolition Project 6/13

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 areaincludes, for example, 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 affiliationor community 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 eachcategory are intended 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 direct individual departments or special phases of firm’s operations. Includes: officials, executives, middle management, plant managers, department managers, andsuperintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and otherofficers farm operators and managers, and kindred workers.Professionals. Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants andauditors, airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, layers, librarians, mathematicians, natural scientist, registeredprofessional 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 asis offered in many technical institutes and union colleges, or through equivalent on-the-job training. Include: computer programmers, drafters, engineering aides, juniorengineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical,dental, electronic, physical science), and kindred workers.Sales. Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sates workers, insurance agents and brokers, real estate agents, andbrokers, stock and bond 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 directlyinvolved with altering 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. Exerciseconsiderable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are notmembers of occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and modelmakers, 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 ina few weeks and require only limited training. Includes: apprentices (auto service and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives,milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (manufactured articles), photographic process workers, truck andtractor drivers, knitting, looping, taping and weaving machine operators, welders and flame cutters, electrical and electronic equipment assemblers, butchers and meatcutters, inspectors, testers and graders, hand packers and packagers, 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 andrequire the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, groundskeepers and gardeners, farm workers, stevedores,wood choppers, laborers performing 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,including nurses 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, publictransportation attendants, and kindred workers.J:\CMO\CRO\A-Affirmative Action\FORMS-LOGS\AA FORMS\Affirmative Action Report Form REVISED 2011.03.15.docxPart 4 – ink completion Page 18 of 23Gateway Demolition Project 6/13

4.7 Notice of AwardTO:ProjectName:ProjectNumber:The City of Champaign has considered the proposal submitted by you for the workdesignated by the above-referenced project. You are hereby notified that your proposal hasbeen accepted.You are required to furnish the following documents within fourteen (14) calendar daysfrom the date of this Notice in accordance with the Contract Documents:a) Contract Signature page (4.8)b) Payment and Performance Bond(s) (4.9)c) Certificate(s) of Insurance (see 4.10) with the following language: “The City ofChampaign and its officers and employees are added as additional insuredparties on all policies on a primary and non-contributory basis.”If you fail to execute said contract and furnish the required bond(s) and insurancecertificate(s) within fifteen days, the City will be entitled to consider your proposal abandonedand your proposal bond will be forfeited as liquidated damages. In addition, the City will beentitled to such other rights as may be granted by law. You are required to return anacknowledged copy of this Notice of Award to the City immediately.CITY OF CHAMPAIGN, ILBY:_____________________________________________(City Engineer)Dated this _____ day of ___________________________, 20_____.ACKNOWLEDGEMENT OF NOTICE OF AWARDReceipt of the above Notice of Award is hereby acknowledged.BY:________________________________________________________________(Signature)(Title)Dated this ____ day of ____________________________, 20____.Part 4 – ink completion Page 19 of 23Gateway Demolition Project 6/13

4.8 Contractabove.Project Name:THIS AGREEMENT is made on the date set forth below between the City ofChampaign (hereinafter, “City”) and the Contractor identified below and its heirs,executors, administrators, successors and assigns (hereinafter, “Contractor”), on theterms and conditions as follows:A. The Contractor shall, at Contractor’s own cost and expense, complete all of thework and furnish all materials and labor necessary to complete the work inaccordance with the plans and specifications in full compliance with all of theterms of these Contract Documents and the requirements of the City Engineer forthe amount stated in the Proposal Form, subject to adjustments as provided forin the Contract Documents and any subsequently approved Change Orders.B. The City shall pay Contractor in the manner and in the amount set forth in theProposal and Contract documents.C. The following documents are part of this Contract and are incorporated herein asif repeated at length:1. Properly executed Change Orders;2. Addenda issued during proposal process;3. General Conditions (Parts 2 and 4);4. Notice and Instructions to Proposers (Part 1);5. Technical Specifications (Part 3);6. Plans and Drawings approved by the City;7. Supplemental Conditions or Specifications;8. Standard Specification as described in Part 2 (if applicable);9. Payment and Performance Bond(s);10. Certificate(s) of Insurance;11. Affidavits.D. NOTE: If the Contractor is a corporation, partnership or LLC, and a person otherthan a corporate officer, partner or member of that business entity identified inthe Disclosure Affidavit signs this contract, the Contractor must provide as anadditional contract document, sufficient documentation of that persons authorityto sign contracts for the Contractor, such as a resolution adopted by the businessentity’s board, the business entity’s bylaws, or a cover letter disclosing thatauthority, signed by a corporate office, partner or member identified in theDisclosure Affidavit.IN WITNESS WHEREOF, the parties hereto set their hands the day and year first writtenCONTRACTORATTESTProjectNumber:BY: ________________________________(Signature)ITS:_______________________________(Print Name and Title)BY:____________________________(Signature)ITS:___________________________(Print Name and Title)Part 4 – ink completion Page 20 of 23Gateway Demolition Project 6/13

CITY OF CHAMPAIGN, ILBY: ________________________________(City Manager)ATTESTBY:____________________________(City Clerk)Approved as to form:BY:_____________________________City Attorney COUNCIL BILL #4.9 Combined Payment and Performance BondCONTRACT DATE:________________We, __________________________________________________, as Principal, and_______________________________________, as Surety, are held and firmly bound unto theCity of Champaign (hereafter referred to as "City") in the sum of ______________________________________________ Dollars ($____________________) lawful money of the UnitedStates, well and truly to be paid unto said City for the payment of which we bind ourselves, ourheirs, executors, administrators, successors and assigns jointly to pay to the City this sum underthe conditions of this instrument.WHEREAS, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that thesaid Principal has entered into a written contract with the City for the construction of work on thecontract to which this is attached, which contract is hereby referred to and made a part hereof,as if written herein at length, and whereby the said Principal has promised and agreed toperform said work in accordance with the terms of said contract, and has promised to pay allsums of money due for any labor, materials, apparatus, fixtures or machinery furnished to suchPrincipal for the purpose of performing such work and has further agreed to pay all direct andindirect damages to any person, firm, company or corporation suffered or sustained on accountof the performance of such work during the time thereof and until such work is completed andaccepted and any warranty period applicable thereto completed; and has further agreed thatthis bond shall inure to the benefit of any person, firm, company or corporation, to whom anymoney may be due from the Principal, subcontractor or otherwise, for any such labor, materials,apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond byany such person, firm, company or corporation, for the recovery of any such money.NOW, THEREFORE, if the said Principal shall well and truly perform said work inaccordance with the terms of said contract, and shall pay all sums of money due or to becomedue for any labor, materials, apparatus, fixtures or machinery furnished to the Principal for thepurpose of constructing such work, and shall commence and complete the work within the timeprescribed in said contract, and shall pay and discharge all damages, direct and indirect, thatmay be suffered or sustained on account of such work during the time of the performancethereof and until the said work shall have been accepted, and any warranty period applicablethereto completed, and shall hold the City and its employees and agents as required in saidcontract on account of any such damages and shall in all respects fully and faithfully complywith all the provisions, conditions and requirements of said contract, then this obligation to bevoid; otherwise to remain in full force and effect and upon notice to the Surety of the Principal'sfailure to perform, the Surety shall perform the obligations of the Principal hereunder.The City may sue on this bond, and any person furnishing material or performing labor, either asan individual or as a subcontractor, shall have the right to sue on this bond in the name of theCity for its use and benefit.Part 4 – ink completion Page 21 of 23Gateway Demolition Project 6/13

The said surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract or the Contract Documentsaccompanying the same or to the work to be performed thereunder shall in any way affect itsobligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the contract or to the work or to the Contract Documents.PROVIDED, FURTHER, that no final settlement between the City and the Contractorshall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.In addition, the Principal and Surety, jointly and severally, expressly guarantee that allservices to be performed, all materials to be furnished, and all performance under the contractshall be fulfilled in accordance with all requirements of the contract and the ContractDocuments. In addition, Principal and Surety, jointly and severally, expressly guarantee that inthe event City is required to enforce this bond in a court of law, the City will be indemnified withrespect to all court costs and reasonable attorneys' and witness fees which are related to suchenforcement proceedings.IN TESTIMONY WHEREOF, the said Principal and the said Surety have caused thisinstrument to be signed by their respective officers and their corporate seals to be hereuntoaffixed this ______ day of _________________________, 20____.PRINCIPAL: (Company Name)(SEAL)By: (Signature and Title)SURETY: (Name)(SEAL)By: (Signature of Attorney-in-Fact)Part 4 – ink completion Page 22 of 23Gateway Demolition Project 6/13

STATE OF _____________ )) ss.COUNTY OF _____________ )I,_______________________________, a Notary Public in and for said County andState, do hereby certify that _________________________________________ (Insert nameof individuals signing on behalf of PRINCIPAL and SURETY) who are each personally knownto me to be the same persons whose names are subscribed to the foregoing instrument onbehalf of PRINCIPAL and SURETY, appeared before me this day in person andacknowledged respectively, that they signed, sealed and delivered said instrument as their freeand voluntary act for the uses and purposes therein set forth.SUBSCRIBED and SWORN to before me this: ____ day of _______________, 20___.My commission expires: _______________________________________________Notary PublicNOTE: If the contractor wishes to use a different payment or performance bond form,the Legal Department must approve the form.4.10 Certificate of InsuranceA Certificate of Insurance must be provided consistent with the requirements setforth in the General Conditions.Attention is directed to the requirement that the Certificate of Insurance mustcontain the following language: “The City of Champaign and its officers andemployees are added as additional insured parties on all policies on a primary andnon-contributory basis.”Failure to submit the required Certificate of Insurance may result in declaration ofproposer default.Part 4 – ink completion Page 23 of 23Gateway Demolition Project 6/13