HomeMy WebLinkAboutRes 15-21 03/16/2021 IGA With Metropolitan Water Reclamation District of Greater Chicago Apsen Trails Park Stormwater ImprovementsRESOLUTION NO. 15-21
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO UTILIZE PHASE II
STORMWATER GRANT FUNDS FOR THE CONSTRUCTION OF THE
ASPEN TRAILS PARK STORMWATERwIMPROVEMENTS.
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule unit of government pursuant to
Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,) authorizes
and encourages intergovernmental cooperation; and
WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago (hereinafter the "District"), a
unit of government within the meaning of the Constitution of the State of Illinois and the Village of Mount
Prospect, having the power and authority to enter into an intergovernmental agreement; and
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 (hereinafter
the "Act") which declares that stormwater management in Cook County shall be under the general
supervision of the District; and
WHEREAS, pursuant to Article II of the Illinois Municipal Code, 65 ILCS 5/11, the Village has the authority
to improve and maintain Levee 37 with its corporate limits; and
WHEREAS, the Act, as amended, specifically authorizes the District to plan, implement, and finance
regional and local activities relating to stormwater management in Cook County; and
WHEREAS, the Village proposes to construct a 15+ acre-feet detention basin connected to existing storm
sewers by a new 54 -inch diameter storm sewer to provide the public benefit of reducing flooding in the
Village; and
WHEREAS, the Village intends to design, construct, operate, maintain and own proposed flood storage
basin and associated 54 -inch diameter storm sewer which will comprise the Levee 37 interior drainage
improvement project; and
WHEREAS; the Village's proposed plans for the project may be approached more effectively, economically
and comprehensively with the Village and the District cooperating and using their joint efforts and
resources; and
WHEREAS, the size and scope of this Project would be substantially reduced but for the District's
commitment of financial and technical resources; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have deemed that the best
interests of the Village will be served by entering into the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct
the Mayor to execute the Intergovernmental Agreement between the Village of Mount Prospect and the
Metropolitan Water Reclamation District of Greater Chicago to utilize Phase II Stormwater Grant Funds
for the construction of the Aspen Trails Park Stormwater Improvements and made part of this Resolution
as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 16h day of March, 2021
Arlene A. Juracek
Mayor L
A EST:
Karen M. Agorano
Village Clerk
Aspen Trails MWRD Res pg 2 of 2
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO FOR THE DESIGN, CONSTRUCTION,
OPERATION AND MAINTENANCE OF THE ASPEN TRAILS PARK
STORMWATER STORAGE AND RELIEF SEWERS PROGRAM IN MOUNT
PROSPECT, ILLINOIS
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") entered into, by and
between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local
government and corporate and body politic organized and existing under the laws of the State of
Illinois ("MWRDGC"), and the Village of Mount Prospect, a municipal corporation ("Village").
Together, MWRDGC and the Village may be referred to as the "Parties" and each individually as
a "Party."
WITNESSETH:
WHEREAS, on November 17, 2004, Public Act 093-1049 amended the Metropolitan
Water Reclamation District Act ("Act") in various ways; and
WHEREAS, the Act, as amended, declares that stormwater management in Cook County
is under the general supervision of MWRDGC; and
WHEREAS, Public Act 098-0652 amended the Act again on June 18, 2014 by specifically
authorizing MWRDGC to plan, implement, and finance activities relating to local stormwater
management projects in Cook County; and
WHEREAS, the Village is located within the boundaries of Cook County, Illinois; and
WHEREAS, pursuant to Article 11 of the Illinois Municipal Code, 65 IL,CS 5111, the
Village is empowered to construct and maintain stormwater infrastructure and manage water,
sewers, and stormwater within its corporate limits; and
WHEREAS, the Village proposes constructing Aspen Trails Park Stormwater Storage and
Relief Sewers in Mount Prospect, Illinois, for the public benefit of reducing flooding in the general
area ("Public Benefit"); and
20-IGA-31 PAGE 1
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
WHEREAS, the Village intends to design, construct, operate, maintain, and own the
proposed stormwater infrastructure; and
WHEREAS, the Village plans to construct the proposed stormwater infrastructure may be
accomplished more effectively, economically, and comprehensively with the Village and
MWRDGC cooperating and using their joint efforts and resources; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section
10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental cooperation;
and
WHEREAS, on 04/1/2021 , MWRDGC's Board of Commissioners
authorized MWRDGC to enter into an intergovernmental agreement with the Village; and
WHEREAS, on 03/16/2021 , the Board of Trustees of the Village of Mount Prospect,
Cook County, Illinois authorized the Village to enter into an intergovernmental agreement with
MWRDGC; and
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
in this Agreement and for other good and valuable consideration, the Village and MWRDGC agree
as follows:
Article 1. Incorporation of Recitals
The above recitals are incorporated by reference and made a part of this Agreement.
Article 2. Scope of Work
1. The work contemplated by this Agreement will include design, construction, operation, and
maintenance of Aspen Trails Park Stormwater Storage and Relief Sewers. These
improvements ("Project") are categorized by MWRDGC as "local stormwater infrastructure."
2. The Village, at its sole cost and expense, will prepare construction drawings, specifications,
and details ("Construction Documents") for the Project.
3. The Project will realize the Public Benefit of helping to alleviate flooding within and around
the Project area, as shown in Exhibit 1.
20-IGA-31 PAGE 2
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
4. The Village will provide MWRDGC with a copy of thirty percent (30%), sixty percent (60%),
and ninety-eight percent (98%) complete Construction Documents for MWRDGC's approval
as to the Public Benefit.
5. Upon execution of this Agreement and until commencement of Project construction, the
Village will provide monthly updates to MWRDGC on (1) the status and progress of Project
design; and (2) the schedule for Bid Advertisement and Award for the Project.
6. MWRDGC will review and provide written comments to the Village as to the Public Benefit
within thirty (30) calendar days of receipt of the thirty percent (30%), sixty percent (60%), and
ninety-eight percent (98%) complete Construction Documents. The Village will incorporate
MWRDGC's review comments into the Construction Documents.
7. Upon award of any Project -related construction contracts, the Village will provide monthly
updates to MWRDGC as to (1) construction progress; and (2) anticipated timeframes for
submission of reimbursement requests, with the final request being submitted no later than
sixty (60) calendar days upon final completion of the construction project.
8. After construction, the Village will provide MWRDGC with a copy of as -built drawings and
related Project documentation, including any addenda, change orders, stormwater-related shop
drawings, and field changes.
9. MWRDGC retains the discretion to adjust the amount of its reimbursement commitment if,
based on MWRDGC's review of the final Construction Documents including any addenda,
change orders, shop drawings, or field changes it determines that the Project will not provide
the intended Public Benefit.
10. Although MWRDGC will reimburse the Village for a portion of the Project, the Village bears
sole responsibility for the overall cost, expense, and payment for the Project, which the Village
will construct in accordance with the final Construction Documents.
11. To the extent practicable, the Village, its agents, contractors, or employees will use
MWRDGC's biosolids in any amendments performed to the soil of the Project area, including
but not limited to landscaping. Subject to availability, MWRDGC will provide biosolids free
of charge. The Village may be required to arrange and pay for the transportation necessary to
deliver the biosolids to the Project area.
12. The Village will publicly advertise the Project and publicly award all Project -related
construction contracts to the lowest responsible bidder as determined by the Village. The
20-IGA-31 PAGE 3
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Village will consider and act in general accord with the applicable standards of MWRDGC's
Purchasing Act, 70 IL,CS 2605/11.1-11.24 (attached to this Agreement as Exhibit 2), when
advertising and awarding the construction contracts. The Village will also require a payment
bond and performance bond for all Project -related construction contracts in general accord
with the applicable standards of Exhibit 2. The Village may impose more stringent
requirements than those contained in Exhibit 2 when awarding Project -related construction
contracts, but in no event will the Village's requirements fall below MWRDGC's applicable
general standards. Although the Village need not include the attached Exhibit 2 as part of its
bid documents, the Village is responsible for ensuring that these applicable minimum
requirements are met.
13. The Village agrees that the Project is a "Covered Project" as defined in MWRDGC's Multi -
Project Labor Agreement for Cook County ("MPLA") (attached to this Agreement as Exhibit
3). As such, the Village agrees to be obligated as MWRDGC would be in the MPLA and will
ensure that the standards and requirements for "Covered Projects" will be met for the Project,
as applicable. The Village may impose more stringent requirements than those contained in
the MPLA when awarding Project -related construction contracts, but in no event will the
Village's requirements fall below the standards for "Covered Projects" detailed in it. Although
the attached Exhibit 3 need not be included as part of the Project's bid documents, the Village
is responsible for ensuring that its applicable minimum requirements are met.
14. The Village must comply with the applicable portions of MWRDGC's Affirmative Action
Ordinance and Diversity Policies. Revised Appendix D governs Affirmative Action goal
requirements for subcontracting with Minority- and Women -owned Small Business
Enterprises (attached to this Agreement as Exhibit 4). Appendix V governs the diversity policy
requirements for subcontracting with Veteran -owned Small Business Enterprises (attached to
this Agreement as Exhibit 5.) Collectively these goals are referred to as "participation goals."
15. The Village must meet the following participation goals applicable to the Project before
construction is completed:
a. twenty percent (20%) of the total amount of reimbursement provided by
MWRDGC for the Project must be applied to work performed by Minority-
owned Business Enterprises ("MBE"); and
20-IGA-31 PAGE 4
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
b. ten percent (10%) of the total amount of reimbursement provided by
MWRDGC for the Project must be applied to work performed by Women -
owned Business Enterprises ("WBE"); and
C. ten percent (10%) of the total amount of reimbursement to be provided by
MWRDGC for the Project must be applied to work performed by Small
Business Enterprises ("SBE")
16. The Village should meet the following participation goal applicable to the Project before
construction is completed: three percent (3%) of the total amount of reimbursement to be
provided by MWRDGC for the Project should be applied to work performed by Veteran -
owned Small Business Enterprise ("VBE")
17. The determination as to whether the Village has complied with the requirements of this
Agreement by attaining MWRDGC's participation goals is solely in MWRDGC's discretion.
If the Village fails to attain each goal as determined by MWRDGC, MWRDGC may withhold
payments to the Village up to or equal to the dollar amount by which the Village failed to
attain the participation goal(s).
18. The Village will provide MWRDGC access to inspect, with reasonable notice, any records or
documentation related to the Village's compliance with MWRDGC's participation goals and
requirements.
19. To evidence compliance with MWRDGC's participation goals, the Village must submit the
following items to MWRDGC's Diversity Administrator prior to the start of construction: (1)
a completed Utilization Plan for MBE/WBE/SBE participation, attached to this Agreement as
Exhibit 6 and a completed VBE Commitment Form, attached to this Agreement as Exhibit 7;
and (2) a current letter from a certifying agency that verifies as appropriate the
MBE/WBE/SBE/VBE status of each vendor listed as a subcontractor on the MBE/WBE/SBE
Utilization Plan and/or VBE Commitment Form. A certification letter will be deemed current
so long as its expiration date is after the date of the Utilization Plan or Commitment Form.
Failure to timely submit a Utilization Plan, Commitment Form or certifying letter may result
in a payment delay and/or denial.
20. Together with each and every Reimbursement Request, the Village must submit to MWRDGC
the following: (1) a MBE/WBE/SBE and VBE Status Report ("Status Report"), attached to
this Agreement as Exhibit 8; (2) full or partial lien waivers from the participating
20-IGA-31 PAGE 5
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
MBE/WBE/SBE/VBE vendors, as applicable; and (3) proof of payment to the participating
MBE/WBE/SBE/VBE vendors (e.g., canceled checks), as applicable. Failure to submit a
Status Report and any supporting documentation may result in a payment delay and/or denial.
21. The Village will comply with the Prevailing Wage Act, 820 IL,CS 130/0.01 et seq. Current
prevailing wage rates for Cook County are determined by the Illinois Department of Labor.
The prevailing wage rates are available on the Illinois Department of Labor's official website.
It is the responsibility of the Village to obtain and comply with any revisions to the rates should
they change throughout the duration of this Agreement.
22. The Village, at its sole cost and expense, will provide (1) the final design of the Project; (2)
land acquisition and remediation, if any; and (3) construction oversight and administrative
support for the Project.
23. The Village will submit an Operation and Maintenance Plan (hereinafter the "O&M Plan") for
MWRDGC's review and approval. The O&M Plan will be included as part of the Agreement
as Exhibit 9. At its sole cost and expense, the Viallge will operate and maintain the Project in
accordance with the O&M Plan.
24. MWRDGC will reimburse the Village for Forty-eight percent (48%) of the total construction
cost of the Project, but in no event will that amount exceed Three Million Seventy Four
Thousand Five hundred and NO/100 Dollars ($3,074,500) (the "Maximum Reimbursement
Amount"). For purposes of this Agreement, "construction" will mean all work necessary to
build the Project as depicted in the Construction Documents. The Village will be responsible
for securing funding or contributing its own funds for all costs necessary to construct the
Project in accordance with the Construction Documents. The Village will be solely responsible
for change orders, overruns, or any other increases in the cost of the Project. All funding
provided by MWRDGC will be exclusively to reimburse the Village for construction of the
Project.
25. MWRDGC will disburse funds to the Village in accordance with the following schedule:
20-IGA-31 PAGE 6
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
a. Twenty-five percent (25%) at receipt of Reimbursement Request for twenty-five
percent (25%) completion of construction;
b. Twenty-five percent (25%) at receipt of Reimbursement Request for fifty percent
(50%) completion of construction;
c. Twenty-five percent (25%) at Receipt of Reimbursement Request for seventy-five
percent (75%) completion of construction; and
d. Subject to the Maximum Reimbursement Amount, the remaining amount necessary to
cover Forty-four and 37/100 percent (44.37%) of the Project cost will be paid upon
receipt of invoices for final completion and after final inspection by MWRDGC.
The Village must submit invoices for the representative percentage of construction within
thirty (30) calendar days of meeting its respective completion percentage, through seventy-
five percent (75%) completion, and within sixty (60) calendar days of final completion for the
final reimbursement cost. MWRDGC will only pay invoices submitted in strict accordance
with the foregoing schedule. The District may opt to not pay any late Reimbursement Request
or invoices.
26. MWRDGC's Maximum Reimbursement Amount under this Agreement is based on the
funding amount that MWRDGC's Board of Commissioners approved and appropriated for the
calendar year in which the Agreement is executed. Any additional funding from MWRDGC
beyond that which was approved and appropriated for the initial calendar year is subject to the
approval of MWRDGC's Board of Commissioners.
27. The Village is responsible for all other Project costs including engineering, property
acquisition, other design -related costs, construction inspection, and the remainder of the
construction cost that is not reimbursed by MWRDGC.
28. As a condition for reimbursement, the Village must submit copies of construction invoices to
MWRDGC for review along with the respective Reimbursement Requests.
29. MWRDGC may terminate this Agreement if: (a) the Village does not award construction of
the Project within one (1) year from the date of execution of the IGA; or (b) the Project is not
completed in accordance with the Construction Documents within two (2) years of the
Village's initial award of a construction contract related to the Project. If the MWRDGC elects
to terminate this Agreement based on expiration of the two (2) year completion period, then
the Village must return all funds provided by MWRDGC within fourteen (14) calendar days
20-IGA-31 PAGE 7
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
of termination. In its sole discretion, MWRDGC may approve an extension prior to the
expiration of the one (1) year award period or two (2) year completion period for delays outside
the Village control and where the Village made good faith efforts to advance the project.
Article 3. Permits and Fees
1. Federal, State, and County Requirements. The Village will obtain all federal, state, county, and
local permits required by law for the construction of the Project and will assume any costs in
procuring said permits. Additionally, the Village will obtain all consents and approvals
required by federal, state, and/or county regulations for the construction of the Project and will
assume any costs incurred in procuring all such consents and approvals.
2. Operation and Maintenance. The Village will obtain all permits necessary for the performance
of any operations or maintenance work associated with the improvements to be constructed by
the Village in connection with the Project, and in accordance with Article 5 of this Agreement.
Article 4. Property Interests
1. If the Project Site is located entirely within a right of way or perpetual easement or on other
property represented to be owned solely by and within the Village, prior to execution of this
Agreement, the Village must have an enforceable property interest in the Project site and
provide proof of that interest to MWRDGC. If the Project site is situated entirely in a right of
way or perpetual easement or on other property owned solely by and within the Village, and
no proof of dedication, perpetual easement, or ownership is available, the Village may request
and submit the form affidavit that MWRDGC will provide which must be executed by an
authorized officer of the Village. Acceptance of the affidavit is at the MWRDGC's discretion.
Exhibit 10 appended to this Agreement contains the executed affidavit or, in the alternative,
all relevant documentary evidence of dedication, perpetual easement, or ownership.
2. For all surrounding property impacting or being impacted by the Project, prior to starting
construction of the Project, the Village will acquire any temporary or permanent easements,
license agreements, or fee simple title necessary for access to the Project site as well as
construction and maintenance of the Project. Any property interests acquired by the Village
must be consistent with MWRDGC's right to access the Project to conduct an inspection or
perform maintenance as set out in Article 5 of this Agreement.
20-IGA-31 PAGE 8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
3. Should acquisition of property interests via condemnation be necessary, the Village will incur
all associated costs, including purchase price and/or easement fee as well as any attorney's
fees.
4. The Village will record all easements, licenses, or deeds acquired for the Project.
5. The Village will own all the improvements constructed for the Project. Nothing in this
Agreement creates an ownership or property interest for MWRDGC in any part of the Project.
6. The Village may not lease the Project site or property owned by the Village that is necessary
for construction, maintenance, and access to the Project site, in whole or part, to a third -party
during the term of the IGA without the MWRDGC's prior written approval. The Village must
provide the MWRDGC with at least sixty (60) days' written notice of the date on which it
intends to execute a lease.
7. The Village may not sell, or transfer ownership of the Project site or property owned by the
Village that is necessary for construction, maintenance, and access to the Project site, in whole
or part, during the term of the IGA without the MWRDGC's prior written approval. The
Village must provide the MWRDGC with sixty (60) days' written notice of the date on which
it intends to sell or transfer the property.
Article 5. Maintenance
1. The Village, at its sole cost and expense, will perpetually maintain the Aspen Trails Park
Stormwater Storage and Relief Sewers and any other associated appurtenances in accordance
with the O&M plan approved by MWRDGC.
2. The Village must conduct annual inspections to ensure adequate maintenance of the Project.
The Village will prepare a report detailing its annual inspection, observations, and conclusions
including whether the Project is operating as designed, functioning, and providing the intended
Public Benefit. The annual inspection report must either be stamped by a Professional Engineer
licensed by the State of Illinois or signed by the head of the department responsible for
maintenance duties. The stamped or signed annual inspection report will be provided to
MWRDGC within thirty (30) calendar days of completion, and the Village must submit annual
reports to MWRDGC by December 31st of each following year.
3. MWRDGC will have the right (including any necessary right of access) to conduct its own
annual inspection of the constructed Project upon reasonable notice to the Village.
20-IGA-31 PAGE 9
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
4. In the event of failure of the Village to maintain the Project as described above to the
satisfaction of MWRDGC, MWRDGC may issue a thirty (30) day written notice by certified
or registered mail or electronic mail to the Village directing the Village to perform such
maintenance. If maintenance has not been accomplished on or before thirty (30) calendar days
after such notice, MWRDGC may cause such maintenance to be performed and the Village
will pay MWRDGC the entire cost MWRDGC incurred to perform the required maintenance.
5. In addition to paragraph 4 above, if the MWRDGC determines that the Village has failed to
maintain the Project's improvements to provide the intended Public Benefit, MWRDGC may
require the Village to repay some or all the funding that MWRDGC provided under this
Agreement. The amount of repayment is at the sole discretion of the MWRDGC.
6. In performing its obligations under this Article, the Village will comply with all access
restrictions and notice requirements set forth in the easements, licenses, or deeds recorded
pursuant to Article 4 of this Agreement.
Article 6. Notification
1. Bid Advertisement. The Village will provide MWRDGC with thirty (30) calendar days' notice
prior to Bid Advertisement for the Project.
2. Construction. The Village will provide MWRDGC with a construction schedule and a
minimum of seventy-two (72) hours' notice before the following project milestones:
• Start of work
• Substantial completion
• Completion of work
Article 7. Termination by the Village
Prior to commencement of construction of the Project, the Village may, at its option, and upon
giving notice to MWRDGC in the manner provided in Article 26 below, terminate this Agreement
20-IGA-31 PAGE 10
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
as it pertains to the entire Project. The Village will return all Project -related funds received from
MWRDGC no later than fourteen (14) calendar days following its termination of the Agreement.
Article 8. Termination by MWRDGC
Prior to Bid Advertisement of the Project, MWRDGC may, at its option, and upon giving notice
to the Village in the manner provided in Article 25 below, terminate this Agreement as it pertains
to the entire Project.
Article 9. Effective Date
This Agreement becomes effective on the date that the last signature is affixed to the signature
pages.
Article 10. Duration
Subject to the terms and conditions of Articles 8 and 9 above, this Agreement will remain in full
force and effect for perpetuity.
Article 11. Non -Assignment
Neither Party may assign its rights or obligations under this Agreement without the written consent
of the other Parry.
Article 12. Waiver of Personal Liability
No official, employee, or agent of either Parry to this Agreement will be charged personally by the
other Parry with any liability or expenses of defense incurred as a result of the exercise of any
rights, privileges, or authority granted in this Agreement, nor will he or she be held personally
liable under any term or provision of this Agreement, or because of a Party's execution or
attempted execution of this Agreement, or because of any breach of this Agreement.
Article 13. Indemnification
The Village will defend, indemnify, and hold harmless MWRDGC, its Commissioners, officers,
employees, and other agents ("MWRDGC Party") from liabilities of every kind, including losses,
damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and
reasonable attorney fees and disbursements), claims, demands, actions, suits, proceedings,
judgments, or settlements, any or all of which are asserted by any individual, private entity, or
public entity against the MWRDGC Parry and arise out of or are in any way related to: (1) design,
20-IGA-31 PAGE 11
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
construction, or maintenance of the Project that is the subject of this Agreement; or (2) the exercise
of any right, privilege, or authority granted to the Village under this Agreement.
Article 14. Representations of the Village
The Village covenants, represents, and warrants as follows:
1. The Village has full authority to execute, deliver, and perform or cause to be performed this
Agreement; and
2. The individuals signing this Agreement and all other documents executed on behalf of the
Village are duly authorized to sign on behalf of and to bind the Village; and
3. The execution and delivery of this Agreement, consummation of the transactions provided for
in this Agreement, and the fulfillment of the terms will not result in any breach of any of the
terms or provisions of or constitute a default under any agreement of the Village or any
instrument to which the Village is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation; and
4. The Village's allocated funds as described in Article 2 are separate from and in addition to the
funds MWRDGC will provide under this Agreement.
Article 15. Representations of MWRDGC
MWRDGC covenants, represents, and warrants as follows:
1. MWRDGC has full authority to execute, deliver, and perform or cause to be performed this
Agreement; and
2. The individuals signing this Agreement and all other documents executed on behalf of
MWRDGC are duly authorized to sign on behalf of and to bind MWRDGC; and
3. The execution and delivery of this Agreement, consummation of the transactions provided for
in this Agreement, and the fulfillment of its terms will not result in any breach of any of the
terms or provisions of or constitute a default under any agreement of MWRDGC or any
instrument to which MWRDGC is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
20-IGA-31 PAGE 12
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Article 16. Disclaimers
This Agreement is not intended, nor will it be construed, to confer any rights, privileges, or
authority not permitted by Illinois law. Nothing in this Agreement will be construed to establish a
contractual relationship between MWRDGC and any parry other than the Village.
Article 17. Waivers
Whenever a Party to this Agreement by proper authority waives the other Party's performance in
any respect or waives a requirement or condition to performance, the waiver so granted, whether
express or implied, will only apply to the particular instance and will not be deemed a waiver for
subsequent instances of the performance, requirement, or condition. No such waiver will be
construed as a modification of this Agreement regardless of the number of times the performance,
requirement, or condition may have been waived.
Article 18. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such invalidity,
illegality, or unenforceability will not affect any other provisions of this Agreement, and this
Agreement will be construed as if such invalid, illegal, or unenforceable provision has never been
contained herein. The remaining provisions will remain in full force and will not be affected by
the invalid, illegal, or unenforceable provision or by its severance. In lieu of such illegal, invalid,
or unenforceable provision, there will be added automatically as part of this Agreement a provision
as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and
be legal, valid, and enforceable.
Article 19. Necessary Documents
Each Party agrees to execute and deliver all further documents, and take all further action
reasonably necessary, to effectuate the purpose of this Agreement. Upon the completion of the
Project, the Village will provide MWRDGC with a full-sized copy of "As -Built" drawings for the
Project. The drawings will be affixed with the "As -Built" printed mark and must be signed by both
the Village resident engineer and the contractor.
Article 20. Compliance with Applicable Laws and Deemed Inclusion of Same
The Parties agree to observe and comply with all federal, State, and local laws, codes, and
ordinances applicable to the Project. Provisions required (as of the effective date) by law,
ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed
inserted in this Agreement whether or not they appear in this Agreement or, upon application by
20-IGA-31 PAGE 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
either Parry, this Agreement will be amended to make the insertions. However, in no event will
the failure to insert such provisions before or after this Agreement is signed prevent its
enforcement. The Parties to this Agreement will comply with all applicable federal, State, and
local laws, rules, and regulations in carrying out the terms and conditions of this Agreement,
including the Equal Opportunity clause set forth in Appendix A to the Illinois Department of
Human Rights' regulations, which is incorporated by reference in its entirety as though fully set
forth in this Agreement.
Article 21. Entire Agreement
This Agreement, and any exhibits or riders attached hereto, constitute the entire agreement
between the Parties. No other warranties, inducements, considerations, promises, or interpretations
may be implied that are not expressly set forth in this Agreement.
Article 22. Amendments
This Agreement cannot be amended unless it is done so in writing and signed by the authorized
representatives of both Parties.
Article 23. References to Documents
All references in this Agreement to any exhibit or document will be deemed to include all
supplements and/or authorized amendments to any such exhibits or documents to which both
Parties hereto are privy.
Article 24. Judicial and Administrative Remedies
The Parties agree that this Agreement and any subsequent Amendment will be governed by, and
construed and enforced in accordance with, the laws of the State of Illinois in all respects, including
matters of construction, validity, and performance. The Parties further agree that the proper venue
to resolve any dispute which may arise out of this Agreement is an appropriate court of competent
jurisdiction located in Cook County, Illinois.
The rights and remedies of MWRDGC or the Village will be cumulative, and election by
MWRDGC or the Village of any single remedy will not constitute a waiver of any other remedy
that such Parry may pursue under this Agreement.
Article 25. Notices
Unless otherwise stated in this Agreement, all notices given in connection with this Agreement
will be deemed adequately given only if in writing and addressed to the Parry for whom such
notices are intended at the address set forth below. All notices will be sent by personal delivery,
20-IGA-31 PAGE 14
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
overnight messenger service, first class registered or certified mail with postage prepaid and return
receipt requested, or by electronic mail. A written notice will be deemed to have been given to the
recipient Parry on the earlier of (a) the date it is hand -delivered to the address required by this
Agreement; (b) with respect to notices sent by overnight courier service, on the next business day
following deposit with the overnight courier; (c) with respect to notices sent by mail, two calendar
days (excluding Sundays and federal holidays) following the date it is properly addressed and
placed in the U.S. Mail, with proper postage prepaid; or (d) with respect to notices sent
electronically by email, on the date of notification of delivery receipt, if delivery was during
normal business hours of the recipient, or on the next business day, if delivery was outside normal
business hours of the recipient. In the heading of all notices, the Parties must identify the project
by stating as follows: "IGA between Village of Mount Prospect and MWRDGC for 2021 Aspen
Trails Park Stormwater Storage and Relief Sewers.
The Parties must address all notices referred to in this Agreement, or that either Parry desires to
give to the other, as set forth in Article 26, unless otherwise specified and agreed to by the Parties.
Article 26. Representatives
Immediately upon execution of this Agreement, the following individuals will represent the Parties
as primary contacts and must receive notice in all matters under this Agreement.
For MWRDGC:
Director of Engineering
Metropolitan Water Reclamation District of
Greater Chicago
100 East Erie Street
Chicago, Illinois 60611
Phone: (312) 751-7905
Email: oconnorc@mwrd.org
For the Village:
Village Manager
Mr. Mike Cassady
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone: (847)392-6000
Email: mcassady@mountprospect.org
Each Party agrees to promptly notify the other Parry of any change in its designated representative,
and provide the new representative's name, address, telephone number, and email address.
Article 27. Interpretation and Execution
1. The Parties agree that this Agreement will not be construed against a Parry by reason of who
prepared it.
20-IGA-31 PAGE 15
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
2. Each Parry agrees to provide a certified copy of the ordinance, bylaw, or other authority
demonstrating that the person(s) signing this Agreement is/are authorized to do so and that this
Agreement is a valid and binding obligation of the Parry.
3. The Parties will execute this Agreement in quadruplicate with original signatures unless the
Parties otherwise agree.
Article 28. Exhibits and Attachments
The following Exhibits are attached and incorporated into this Agreement, with amended versions
attached, as applicable:
Exhibit la &lb: Project Vicinity Map and Project Conceptual Drawing
Exhibit 2: MWRDGC's Purchasing Act, 70 ILCS 2605/11.1-11.24
Exhibit 3: MWRDGC's Multi -Project Labor Agreement (Cook County) with Certificate
of Compliance (effective date of October 6, 2017) ("MPLA")
Exhibit 4: Affirmative Action Ordinance, Revised Appendix D
Exhibit 5: Veteran's Business Enterprise Contracting Policy, Appendix V
Exhibit 6: M/W/SBE Utilization Plan
Exhibit 7: VBE Commitment Form
Exhibit 8: Affirmative Action Status Report
Exhibit 9: Operation and Maintenance Plan, Inspection Log
Exhibit 10: Project site property interest documents or Affidavit
20-IGA-31 PAGE 16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
The Metropolitan Water Reclamation District of Greater Chicago and Village of Mount
Prospect have executed this Agreement, by their authorized officers, duly attested and their seals
affixed, as of the last attested date.
VILLAGE OF MOUNT PROPSECT
BY. Eu sW-d W.
aW1W11M"1411 -
Arlene A. Juracek, Mayor
ATTEST:
Lsw-dd�:
,' a�.ts
SN�NNtdm'*�_.
Karen Agoranos, Village Clerk
Date 4/23/2021 1 8:52 AM CDT
20-IGA-31 PAGE 17
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Chairman of the Committee on Finance
Executive Director
ATTEST:
Clerk Date
APPROVED AS TO ENGINEERING AND TECHNICAL MATTERS:
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
20-IGA-31 PAGE 18
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Exhibit la: Project Vicinity Map
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Exhibit lb: Project Conceptual Drawing
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 2
DISTRICT PURCHASING ACT
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(70 ILCS 2605/11.1) (from Ch. 42, par. 331.1)
Sec. 11.1. Sections 11.1 through 11.24 of this amendatory
Act of 1963 shall be known and may be cited as the "Purchasing
Act for the Metropolitan Sanitary District of Greater
Chicago."
(Source: P.A. 82-1046.)
(70 ILCS 2605/11.2) (from Ch. 42, par. 331.2)
Sec. 11.2. In addition to all the rights, powers,
privileges, duties and obligations conferred thereon in "An
Act to create sanitary districts and to remove obstructions in
the Des Plaines and Illinois rivers", approved May 29, 1889,
as amended, the Metropolitan Sanitary District of Greater
Chicago shall have the rights, powers and privileges and shall
be subject to the duties and obligations conferred thereon by
this amendatory Act of 1963.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess
of the mandatory competitive bid threshold and made by or on
behalf of the sanitary district for labor, services or work,
the purchase, lease or sale of personal property, materials,
equipment or supplies, or the granting of any concession,
shall be let by free and open competitive bidding after
advertisement, to the lowest responsible bidder or to the
highest responsible bidder, as the case may be, depending upon
whether the sanitary district is to expend or receive money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed above
whenever practicable, except that after solicitation of bids,
such purchase orders or contracts may be let in the open
market, in a manner calculated to insure the best interests of
the public. The provisions of this section are subject to any
contrary provisions contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions", filed
July 13, 1937, as heretofore and hereafter amended. For
purposes of this Section, the "mandatory competitive bid
threshold" is a dollar amount equal to 0.10 of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$10,000 or more than $40,000.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the
utilization of small and minority businesses in construction
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
and procurement contracts.
(Source: P.A. 92-195, eff. 1-1-02.)
(70 ILCS 2605/11.4) (from Ch. 42, par. 331.4)
Sec. 11.4. Contracts which by their nature are not adapted
to award by competitive bidding, such as, but not only,
contracts for the services of individuals possessing a high
degree of professional skill where the ability or fitness of
the individual plays an important part, contracts for the
purchase or sale of utilities and contracts for materials
economically procurable only from a single source of supply
and leases of real property where the sanitary district is the
lessee shall not be subject to the competitive bidding
requirements of this Act. The sanitary district is expressly
authorized to procure from any federal, state or local
governmental unit or agency such surplus materials, as may be
made available without conforming to the competitive bidding
requirements of this Act. Regular employment contracts,
whether classified in civil service or not, shall not be
subject to the competitive bidding requirements of this Act.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
Sec. 11.5. In the event of an emergency affecting the
public health or safety, so declared by action of the board of
trustees, which declaration shall describe the nature of the
injurious effect upon the public health or safety, contracts
may be let to the extent necessary to resolve such emergency
without public advertisement. The declaration shall fix the
date upon which such emergency shall terminate. The date may
be extended or abridged by the board of trustees as in its
judgment the circumstances require.
The executive director appointed in accordance with
Section 4 of this Act shall authorize in writing and certify
to the director of procurement and materials management those
officials or employees of the several departments of the
sanitary district who may purchase in the open market without
filing a requisition or estimate therefor, and without
advertisement, any supplies, materials, equipment or services,
for immediate delivery to meet bona fide operating emergencies
where the amount thereof is not in excess of $50,000;
provided, that the director of procurement and materials
management shall be notified of such emergency. A full written
account of any such emergency together with a requisition for
the materials, supplies, equipment or services required
therefor shall be submitted immediately by the requisitioning
agent to the executive director and such report and
requisition shall be submitted to the director of procurement
and materials management and shall be open to public
inspection for a period of at least one year subsequent to the
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
date of such emergency purchase. The exercise of authority in
respect to purchases for such bona fide operating emergencies
shall not be dependent upon a declaration of emergency by the
board of trustees under the first paragraph of this Section.
(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
(70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
Sec. 11.6. The head of each department shall notify the
director of procurement and materials management of those
officers and employees authorized to sign requests for
purchases. Requests for purchases shall be void unless
executed by an authorized officer or employee and approved by
the director of procurement and materials management. Requests
for purchases may be executed, approved and signed manually or
electronically.
Officials and employees making requests for purchases
shall not split or otherwise partition for the purpose of
evading the competitive bidding requirements of this Act, any
undertaking involving amounts in excess of the mandatory
competitive bid threshold.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
Sec. 11.7. All proposals to award purchase orders or
contracts involving amounts in excess of the mandatory
competitive bid threshold shall be published at least 12
calendar days in advance of the date announced for the
receiving of bids, in a secular English language newspaper of
general circulation in said sanitary district and shall be
posted simultaneously on readily accessible bulletin boards in
the principal office of the sanitary district. Nothing
contained in this section shall be construed to prohibit the
placing of additional advertisements in recognized trade
journals. Advertisements for bids shall describe the character
of the proposed contract or agreement in sufficient detail
either in the advertisement itself or by reference to plans,
specifications or other detail on file at the time of
publication of the first announcement, to enable the bidders
to know what their obligation will be. The advertisement shall
also state the date, time and place assigned for the opening
of bids. No bids shall be received at any time subsequent to
the time indicated in the announcement; however, an extension
of time may be granted for the opening of such bids upon
publication in the same newspaper of general circulation in
said sanitary district stating the date to which bid opening
has been extended. The time of the extended bid opening shall
not be less than 5 days after publication, Sundays and legal
holidays excluded.
Cash, cashier's check or a certified check payable to the
clerk and drawn upon a bank, as a deposit of good faith, in a
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
reasonable amount not in excess of 100 of the contract amount,
may be required of each bidder by the director of procurement
and materials management on all bids involving amounts in
excess of the mandatory competitive bid threshold. If a
deposit is required, the advertisement for bids shall so
specify. Instead of a deposit, the director of procurement and
materials management may allow the use of a bid bond if the
bond is issued by a surety company that is listed in the
Federal Register and is authorized to do business in the State
of Illinois.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.8) (from Ch. 42, par. 331.8)
Sec. 11.8. Any agreement or collusion among bidders or
prospective bidders in restraint of freedom of competition by
agreement to bid a fixed price, or otherwise, shall render the
bids of such bidder void. Each bidder shall accompany his bid
with a sworn statement, or otherwise swear or affirm, that he
has not been a party to any such agreement or collusion. Any
disclosure in advance of the opening of bids, on the terms of
the bids submitted in response to an advertisement, made or
permitted by the director of procurement and materials
management or any officer or employee of said sanitary
district shall render the proceedings void and shall require
re -advertisement and re -award.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.9) (from Ch. 42, par. 331.9)
Sec. 11.9. All sealed bids shall be publicly opened by the
director of procurement and materials management, or his
designee, and such bids shall be open to public inspection for
a period of at least 48 hours before award is made; provided,
this provision shall not apply to the sale of bonds, tax
anticipation warrants or other financial obligations of the
sanitary district.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
Sec. 11.10. Every contract or purchase order involving
amounts in excess of the mandatory competitive bid threshold
shall be signed by the president or other duly authorized
officer of the board of commissioners, by the executive
director, by the clerk and by the director of procurement and
materials management. Each bid with the name of the bidder
shall be entered upon a record which shall be open to public
inspection in the office of the director of procurement and
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
materials management. After the award is made, the bids shall
be entered in the official records of the board of
commissioners.
All purchase orders or contracts involving amounts that
will not exceed the mandatory competitive bid threshold shall
be let by the director of procurement and materials
management. They shall be signed by the director of
procurement and materials management and the clerk. All
records pertaining to such awards shall be open to public
inspection for a period of at least one year subsequent to the
date of the award.
An official copy of each awarded purchase order or
contract together with all necessary attachments thereto,
including assignments and written consent of the director of
procurement and materials management shall be retained by the
director of procurement and materials management in an
appropriate file open to the public for such period of time
after termination of contract during which action against the
municipality might ensue under applicable laws of limitation.
Certified copies of all completed contracts and purchase
orders shall be filed with the clerk. After the appropriate
period, purchase orders, contracts and attachments in the
clerk's possession may be destroyed by direction of the
director of procurement and materials management.
The provisions of this Act are not applicable to joint
purchases of personal property, supplies and services made by
governmental units in accordance with Sections 1 through 5 of
"An Act authorizing certain governmental units to purchase
personal property, supplies and services jointly," approved
August 15, 1961.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.11) (from Ch. 42, par. 331.11)
Sec. 11.11. In determining the responsibility of any
bidder, the director of procurement and materials management
may take into account, in addition to financial
responsibility, past records of transactions with the bidder,
experience, adequacy of equipment, ability to complete
performance within a specific time and other pertinent
factors, including but not limited to whether the equipment or
material is manufactured in North America.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.12) (from Ch. 42, par. 331.12)
Sec. 11.12. Any and all bids received in response to an
advertisement may be rejected by the director of procurement
and materials management if the bidders are not deemed
responsible, or the character or quality of the services,
supplies, materials, equipment or labor do not conform to
requirements, or if the public interest may be better served
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
thereby.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
Sec. 11.13. Bond, with sufficient sureties, in such amount
as shall be deemed adequate by the director of procurement and
materials management not only to insure performance of the
contract in the time and manner specified in said contract but
also to save, indemnify and keep harmless the sanitary
district against all liabilities, judgments, costs and
expenses which may in anywise accrue against said sanitary
district in consequence of the granting of the contract or
execution thereof shall be required for all contracts relative
to construction, rehabilitation or repair of any of the works
of the sanitary district and may be required of each bidder
upon all other contracts in excess of the mandatory
competitive bid threshold when, in the opinion of the director
of procurement and materials management, the public interest
will be better served thereby.
In accordance with the provisions of "An Act in relation
to bonds of contractors entering into contracts for public
construction", approved June 20, 1931, as amended, all
contracts for construction work, to which the sanitary
district is a party, shall require that the contractor furnish
bond guaranteeing payment for materials and labor utilized in
the contract.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.14) (from Ch. 42, par. 331.14)
Sec. 11.14. No contract to which the sanitary district is
a party shall be assigned by the successful bidder without the
written consent of the director of procurement and materials
management. In no event shall a contract or any part thereof
be assigned to a bidder who has been declared not to be a
responsible bidder in the consideration of bids submitted upon
the particular contract.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
Sec. 11.15. No person shall be employed upon contracts for
work to be done by any such sanitary district unless he or she
is a citizen of the United States, a national of the United
States under Section 1401 of Title 8 of the United States
Code, an alien lawfully admitted for permanent residence under
Section 1101 of Title 8 of the United States Code, an
individual who has been granted asylum under Section 1158 of
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Title 8 of the United States Code, or an individual who is
otherwise legally authorized to work in the United States.
(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
(70 ILCS 2605/11.16) (from Ch. 42, par. 331.16)
Sec. 11.16. The executive director, with the advice and
consent of the board of trustees, shall appoint the director
of procurement and materials management. Any person appointed
as the director of procurement and materials management must
have served at least 5 years in a responsible executive
capacity requiring knowledge and experience in large scale
purchasing activities.
In making the appointment, the president shall appoint an
advisory committee consisting of 5 persons, one of whom shall
be the executive director, which advisory board shall submit
not fewer than 3 names to the general superintendent for the
appointment. The executive director shall make the appointment
from nominees submitted by the Advisory Committee after giving
due consideration to each nominee's executive experience and
his ability to properly and effectively discharge the duties
of the director of procurement and materials management.
The director of procurement and materials management may
be removed for cause by the executive director. He is entitled
to a public hearing before the executive director prior to
such anticipated removal. The director of procurement and
materials management is entitled to counsel of his own choice.
The executive director shall notify the board of trustees of
the date, time, place and nature of each hearing and he shall
invite the board to appear at each hearing.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.17) (from Ch. 42, par. 331.17)
Sec. 11.17. Powers of director of procurement and
materials management. The director of procurement and
materials management shall: (a) adopt, promulgate and from
time to time revise rules and regulations for the proper
conduct of his office; (b) constitute the agent of the
sanitary district in contracting for labor, materials,
services, or work, the purchase, lease or sale of personal
property, materials, equipment or supplies in conformity with
this Act; (c) open all sealed bids; (d) determine the lowest
or highest responsible bidder, as the case may be; (e) enforce
written specifications describing standards established
pursuant to this Act; (f) operate or require such physical,
chemical or other tests as may be necessary to insure
conformity to such specifications with respect to quality of
materials; (g) exercise or require such control as may be
necessary to insure conformity to contract provisions with
respect to quantity; (h) distribute or cause to be
distributed, to the various requisitioning agencies of such
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
sanitary district such supplies, materials or equipment, as
may be purchased by him; (i) transfer materials, supplies, and
equipment to or between the various requisitioning agencies
and to trade in, sell, donate, or dispose of any materials,
supplies, or equipment that may become surplus, obsolete, or
unusable; except that materials, supplies, and equipment may
be donated only to not-for-profit institutions; (j) control
and maintain adequate inventories and inventory records of all
stocks of materials, supplies and equipment of common usage
contained in any central or principal storeroom, stockyard or
warehouse of the sanitary district; (k) assume such related
activities as may be assigned to him from time to time by the
board of trustees; and (m) submit to the board of trustees an
annual report describing the activities of his office. The
report shall be placed upon the official records of the
sanitary district or given comparable public distribution.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.18) (from Ch. 42, par. 331.18)
Sec. 11.18. The board of trustees is expressly authorized
to establish a revolving fund to enable the director of
procurement and materials management to purchase items of
common usage in advance of immediate need. The revolving fund
shall be reimbursed from appropriations of the using agencies.
No officer or employee of a sanitary district organized
pursuant to this Act shall be financially interested, directly
or indirectly, in any bid, purchase order, lease or contract
to which such sanitary district is a party. For purposes of
this Section an officer or employee of the sanitary district
is deemed to have a direct financial interest in a bid,
purchase order, lease or contract with the district, if the
officer or employee is employed by the district and is
simultaneously employed by a person or corporation that is a
party to any bid, purchase order, lease or contract with the
sanitary district.
Any officer or employee convicted of a violation of this
section shall forfeit his office or employment and in addition
shall be guilty of a Class 4 felony.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.19) (from Ch. 42, par. 331.19)
Sec. 11.19. No department, office, agency or
instrumentality, officer or employe of the sanitary district,
shall be empowered to execute any purchase order or contract
except as expressly authorized by this Act.
(Source: Laws 1963, p. 2498.)
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(70 ILCS 2605/11.19a) (from Ch. 42, par. 331.19a)
Sec. 11.19a. Purchases made pursuant to this Act shall be
made in compliance with the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 2605/11.20) (from Ch. 42, par. 331.20)
Sec. 11.20. There shall be a board of standardization,
composed of the director of procurement and materials
management of the sanitary district who shall be chairman, and
4 other members who shall be appointed by the president of the
board of trustees of the sanitary district. The members shall
be responsible heads of a major office or department of the
sanitary district and shall receive no compensation for their
services on the board. The board shall meet at least once each
3 calendar months upon notification by the chairman at least 5
days in advance of the date announced for such meeting.
Official action of the board shall require the vote of a
majority of all members of the board. The chairman shall cause
to be prepared a report describing the proceedings of each
meeting. The report shall be transmitted to each member and
shall be made available to the president and board of trustees
of such sanitary district within 5 days subsequent to the date
of the meeting and all such reports shall be open to public
inspection, excluding Sundays and legal holidays.
The board of standardization shall: (a) classify the
requirements of the sanitary district, including the
departments, offices and other boards thereof, with respect to
supplies, materials and equipment; (b) adopt as standards, the
smallest numbers of the various qualities, sizes and varieties
of such supplies, materials and equipment as may be consistent
with the efficient operation of the sanitary district; and (c)
prepare, adopt, promulgate, and from time to time revise,
written specifications describing such standards.
Specifications describing in detail the physical, chemical
and other characteristics of supplies, material or equipment
to be acquired by purchase order or contract shall be prepared
by the board of standardization. However, all specifications
pertaining to the construction, alteration, rehabilitation or
repair of any real property of such sanitary district shall be
prepared by the engineering agency engaged in the design of
such construction, alteration, rehabilitation or repair, prior
to approval by the director of procurement and materials
management. The specification shall form a part of the
purchase order or contract, and the performance of all such
contracts shall be supervised by the engineering agency
designated in the contracts.
In the preparation or revision of standard specifications
the board of standardization shall solicit the advice,
assistance and cooperation of the several requisitioning
agencies and shall be empowered to consult such public or non-
public laboratory or technical services as may be deemed
expedient. After adoption, each standard specification shall,
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
until rescinded, apply alike in terms and effect to every
purchase order or contract for the purchase of any commodity,
material, supply or equipment. The specifications shall be
made available to the public upon request.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.21) (from Ch. 42, par. 331.21)
Sec. 11.21. Official ordinances authorized by this Act
shall be adopted by formal action of the board of trustees of
the sanitary district and shall be published for the
information of the public.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.22) (from Ch. 42, par. 331.22)
Sec. 11.22. Any purchase order or contract executed in
violation of this Act shall be null and void. Public funds
which have been expended thereon, may be recovered in the name
of the sanitary district in any court of competent
jurisdiction.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.23) (from Ch. 42, par. 331.23)
Sec. 11.23. The comptroller of the sanitary district shall
conduct audits of all expenditures incident to all purchase
orders and contracts awarded by the director of procurement
and materials management. The comptroller shall report the
results of such audits to the president and board of trustees.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.24) (from Ch. 42, par. 331.24)
Sec. 11.24. (a) A person or business entity shall be
disqualified from doing business with The Metropolitan
Sanitary District of Greater Chicago for a period of 5 years
from the date of conviction or entry of a plea or admission of
guilt, if that person or business entity:
1. has been convicted of an act of bribery or
attempting to bribe an officer or employee of the federal
government or of a unit of any state or local government
or school district in that officer's or employee's
official capacity; or
2. has been convicted of an act of bid -rigging or
attempting to rig bids as defined in the Federal Sherman
Anti -Trust Act and Clayton Act; or
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
3. has been convicted of bid -rigging or attempting
to rig bids under the laws of the State of Illinois or any
other state; or
4. has been convicted of an act of price-fixing or
attempting to fix prices as defined by the Federal Sherman
Anti -Trust Act and Clayton Act; or
5. has been convicted of price-fixing or attempting
to fix prices under the laws of the State of Illinois or
any other state; or
6. has been convicted of defrauding or attempting to
defraud the Federal government or a unit of any state or
local government or school district; or
7. has made an admission of guilt of such conduct as
set forth in subsections 1 through 6 above, which
admission is a matter of record, whether or not such
person or business entity was subject to prosecution for
the offense or offenses admitted to; or
8. has entered a plea of nolo contendere to charges
of bribery, price-fixing, bid -rigging, or fraud as set
forth in subsections 1 through 6 above.
(b) "Business entity" as used in this section means a
corporation, partnership, trust, association, unincorporated
business or individually owned business.
(c) A business entity shall be disqualified if the
following persons are convicted of, have made an admission of
guilt, or enter a plea of nolo contendere to a disqualifying
act described in paragraph (a), subsections 1 through 6,
regardless of whether or not the disqualifying act was
committed on behalf or for the benefit of such business
entity:
(1) a person owning or controlling, directly or
indirectly, 200 or more of its outstanding shares; or
(2) a member of its board of directors; or
(3) an agent, officer or employee of such business
entity.
(d) Disqualification Procedure. After bids are received,
whether in response to a solicitation for bids or public
advertising for bids, if it shall come to the attention of the
director of procurement and materials management that a bidder
has been convicted, made an admission of guilt, a plea of nolo
contendere, or otherwise falls within one or more of the
categories set forth in paragraphs (a), (b) or (c) of this
Section, the director of procurement and materials management
shall notify the bidder by certified mail, return receipt
requested, that such bidder is disqualified from doing
business with the Sanitary District. The notice shall specify
the reasons for disqualification.
(e) Review Board. A review board consisting of 3
individuals shall be appointed by the Executive Director of
the Sanitary District. The board shall select a chairman from
its own members. A majority of the members shall constitute a
quorum and all matters coming before the board shall be
determined by a majority. All members of the review board
shall serve without compensation, but shall be reimbursed
actual expenses.
(f) Review. The director of procurement and materials
management's determination of disqualification shall be final
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
as of the date of the notice of disqualification unless,
within 10 calendar days thereafter, the disqualified bidder
files with the director of procurement and materials
management a notice of appeal. The notice of appeal shall
specify the exceptions to the director of procurement and
materials management's determination and shall include a
request for a hearing, if one is desired. Upon receipt of the
notice of appeal, the director of procurement and materials
management shall provide a copy to each member of the review
board. If the notice does not contain a request for a hearing,
the director of procurement and materials management may
request one within 5 days after receipt of the notice of
appeal. If a hearing is not requested, the review board may,
but need not, hold a hearing.
If a hearing is not requested, the review board, unless it
decides to hold a hearing, shall review the notice of
disqualification, the notice of appeal and any other
supporting documents which may be filed by either party.
Within 15 days after the notice of appeal is filed, the review
board shall either affirm or reverse the director of
procurement and materials management's determination of
disqualification and shall transmit a copy to each party by
certified mail, return receipt requested.
If there is a hearing, the hearing shall commence within
15 days after the filing of the notice of appeal. A notice of
hearing shall be transmitted to the director of procurement
and materials management and the disqualified bidder not later
than 12 calendar days prior to the hearing date, by certified
mail, return receipt requested.
Evidence shall be limited to the factual issues involved.
Either party may present evidence and persons with relevant
information may testify, under oath, before a certified
reporter. Strict rules of evidence shall not apply to the
proceedings, but the review board shall strive to elicit the
facts fully and in credible form. The disqualified bidder may
be represented by an attorney.
Within 10 calendar days after the conclusion of the
hearing, the review board shall make a finding as to whether
or not the reasons given in the director of procurement and
materials management's notice of disqualification apply to the
bidder, and an appropriate order shall be entered. A copy of
the order shall be transmitted to the director of procurement
and materials management and the bidder by certified mail,
return receipt requested.
(g) All final decisions of the review board shall be
subject to review under the Administrative Review Law.
(h) Notwithstanding any other provision of this section to
the contrary, the Sanitary District may do business with any
person or business entity when it is determined by the
director of procurement and materials management to be in the
best interest of the Sanitary District, such as, but not
limited to contracts for materials or services economically
procurable only from a single source.
(Source: P.A. 95-923, eff. 1-1-09.)
Version 2-1-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 3
MULTI -PROJECT LABOR AGREEMENT (MPLA)
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
MULTI -PROJECT LABOR AGREEMENT (COOK COUNTY)
With
CERTIFICATE OF COMPLIANCE
CONTAINS:
1) MPLA -- EFFECTIVE OCTOBER G, 2017
2) CERTIFICATE OF COMPLIANCE
[M��a-ccEO,
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
GYRAL REM PM MIENTS C]NDER THE
MU `r1-PROJE ;T LABOR AGREEMENT
The following is a brief summary of a Bidder's responsibilities under the MPLA. Please refer to the terms of
the MPLA for a ful I and complete statement of its requirements.
Your firm is required to complete the Certificate of Compliance indicating that your firm intends to
comply with the Multi -Project Labor Agreement. The CsrtiBlcate of Compliance moist be signed by an
authorized Officer of taxa firm. 71iis may be submitted with the bid or prior to award of contract. To be
eligible for award, your firm must comply with the Multi -Project Labor Agreement and sign the
certificate. Failure of the Bidder to comply with the WLA will result in a rejection of the bid, and
possible retention of the laid deposit. Compliance with the MPLA, is as follows:
tithe Bidder or any other entity performing work under the contract is not already
signatory to a current collective bargaining agreement with a union or labor organization
affiliated with the AM -= Building Trades Department and the Chicago and Cook
County Building and Construction Trades Council, or their affiliates which have
jurisdiction over the work to be performed pursuant to this Contract, (hereafter. referred
to as a "participating trade group') it must become a member.
Note: The MPLA is not applicable when the performance of work is outside Cook County, Illinois, or if
repair and maintenance work on equipment is performed at a Bidder's facility,
Revised October 2017
MPLA-CC-02
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
MLILTI-PROJECT LABOR AGREEMENT FOR COOK COUNTY
This Multi -Project tabor Agreement ("Agreement") is entered Into by and between the
Metropolitan Water Reclamation District of Greater Chicago ("MWRD" or "District"), a public body, as
Owner, in Its proper capacity, on behalf of itself and each of its contractors and subcontractors of
whatever tier {"Contractors") and shall be applicable to Construction Work on Covered Projects, both
defined herein, to be performed by the District's Contractors along with each of the undersigned labor
organizations signatory to the Chicago and Cook County Building and Construction Trades Council and,
as appropriate, the Teamsters Joint Council No. 25, or their affiliates who become signatory hereto
{collectively "Unlon(s)" ).
This Agreement is entered into In accordance with all applicable local state and federal laws. The District
recognizes the public interest In timely construction and labor stability.
WHEREAS, MWRD is responsible for the actual construction, demolition, rehabilitation,
deconstruction, and/or renovation work t"Cortstructlon Work") of projects overseen by MWRD In the
geographical boundaries of Cook County. All of the District's Construction Work within 'those boundaries
("covered Projects") will be recognized as covered under the terms of this Agreement regardless of the
source of the Funds for the Project. Due to the size, scope, cost, timing, and duration of -the multitude of
Covered Projects traditionally performed by MWRD, the Parties to this Agreement have determined that
it is In their Interests to have these Covered Projects completed in the most productive, economical, and
orderly manner possible and without labor disruptions of any kind that might interfere with, or delay,
any of said Covered Projects; and
WHEREAS, -the Parties have determined that it is desirable to eliminate the potential for friction
and disruption of these Covered Projects by using their best efforts to ensure that all Construction Work
is performed by the unions that are signatory hereto and which have traditlonally performed and have
trade and geographic jurisdiction over such work regardless of the source of the Funds for the Project.
Experience has proven the value of such cooperation and mutual undertakings; and
WHEREAS, the Parties acknowledge that the District is not to be considered an ernpli yer of any
employee of any Contractor covered under this Agreement, and the District acknowledges that it has a
serious and ongoing concern regarding labor relations associated with its Covered Projects, irrespective
of the existence of a collective bargaining relationship with any of the signatory Unions.
NOW THERFFORf , in orderta further these goals and objectives and to maintain a spirit of
harmony, labor-management cooperation, and stability, the Parties agree as follows:
1. During the term of this Agreement MWRD shall neither contract, nor permit any other person, firm,
company, or entity to contract or subcontract for any Construction Work on any Covered Project under
this Agreement, unless such work is performed by a person, firm, or company signatory, or willing to
become signatory, to the current applicable area -wide collective bargaining agreement(s) with the
appropriate trade/craft Unions) affiliated with the Chicago & Cook County Building & Construction
Trades Council or, as appropriate, the Teamsters` Joint Council No. ZS. Copies of all applicable, current
collective bargaining agreements constitute Appendix A of this Agreement, attached hereto and made
an integral part hereof, and as may be mod€fied from time to time during the terra of this Agreetnent.
MPL.A-CC-03
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 20V
Said provisions of this Agreement shall be included In all advertised contracts, excluding non -
Construction Work, and shall be explicitly included in all contracts or subcontracts of whatsoever tier by
all Contractors on Covered projects.
a. The Parties agree that the repair of heavy equipment, thermographtc inspection, and
landscaping shall be deflned and/or designated as Construction Work on ail Covered Projects.
b. The Unions acknowledge Chat some preassembled or prefabricated equipment and material
will be used on Covered Projects. To the extent consistent with existing collective bargaining
agreements and applicable law, there will be no refusal by the Unions to handle, transport,
install, or connect such equipment or materials. Further, equipment and material procured from
sources outside of the geographic boundaries of Cook County may be delivered by Independent
cargo, maulers, rail, ship and/or truck drivers and such delivery will be made without any
disruption as the District will request Its Contractors to request Union-affil€ate employees to
make deliveries to -the Covered Project sites.
c. Notwithstanding anything to the contrary herein, the terms of this Agreement shall not
apply to work performed at the Contractor's facility for repair and maintenance of equipment or
where repair, maintenance, or Inspection services are done by highlyrskflled technicians trained
In servicing equlpmen� unless otherwise provided by the relevant collective bargaining
agreement.
d. Nothing herein shall prohibit or otherwise affect the. District's right to cancel or otherwise
terminate a contract
e. A pre -construction meeting attended by representatives of the District, the Contractors, and
Unions shall be scheduled for a date prior to commencement of a Covered Project. The nature
of the project, the May 15, 2017 Covered Construction Work, the work assignments, and any
other matters of mutual interest will be discussed. Al] parties participating in the pre -job
conferences shall sign a pre -job -sign -In sheet, During the pre job conference, or shortly
thereafter, and before the commencement of the project, the contactor or subcontractor shall
ensure that there has been submitted to tate District a letter of good standing for the applicable
trades explaining that the contractor orsubcontrsctor Is not delinquent with respect to any
dues owed to the appropriate labor organization or with respect to any fringe contributions
owed to the appropriate fringe benefit fund(s), If a union or fringe benefit fund does not
produce a letter of good standing within seven (7) days after a request Is made no such letter of
good standing shall be required for that particular trade.
E The Unions agree to reasonably cooperate with the MWRD and Contractors In order to
assist them in achieving the Worker Percentage Participation goals asdefined In subsection (1)
and (2) below. The Worker Percentage Participation goals are governed by federal requirements
regarding federal construction contracts. To the extent these federal worker percentage
participation goals are modified in the future, such modifications will automatically apply:
(1) 19.6% of the total aggregate of construction hours worked by employees of
contractors and their subcontractors will be performed by African-American, Hispanic,
Native American, Asian -Pacific, and Subcontinent Asian American workers.
(2) 5.9% of the total aggregate of construction hours worked by employees of the
contractors and their subcontractors will be performed by female workers.
K
MPLA-CC-04
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September G, 2017
2. A contractor or subcontractor which is a successful bidder with respect to Covered Projects, but
which is not signatory to the applicable area -wide collective bargaining agreements Incorporated herein,
shall be required to execute such applicable area -wide collective bargaining agreements within seven (7)
days of being designated a successful bidder. if such an agreement Is not executed within that time
period, said contractor or subcontractor will be disqualified. In no event shall a contractor or
subcontractor be required to sign any of the applicable agreements constituting Appendix A if the
contractor or subcontractor does not employ the trade covered by the applicable Appendix A contract.
3. During the term of this Agreement, no Union signatory hereto nor any of its members, officers,
stewards, agents, representatives, nor any employee, shall Instigate, authorize, support, sanction,
n-mIntain, or participate in any strike walkout, work stoppage, work slowdown, work curtailment,
cessation, or Interruption of production, or in any picketing of any Covered Project site covered by this
Agreement for any reason whatsoever, including, but not limited to, the expiration of any collective
bargaining agreement referred to in Appendix A, a dispute between the Parties and any Union or
employee, or as a show of support or sympathy for any other Union employee or any other group. In the
event of an economic strike or other job action upon the termination of an existing collective bargaining
agreement, no adverse job action shall be directed against any Covered Project sites. All provisions of
any subsequently negotiated'coliective bargaining agreement shall be retroactive for all employees
working on the Covered Project.
4, Each Union signatory hereto agrees that it will use its best efforts to prevent any of the acts
forbidden in Paragraph 4, and that in the event any such act takes place or is engaged In by any
employee or group of employees, each Unlon signatory hereto further agrees that It will use its best
efforts (including 'rts full disciplinary power under its Constitution and/or By -Laws) to cause an
lmrrmedlate cessation thereof. Each union also agrees that If any union, individual or group of employees
on covered projects engages In any handb€fling, picketing, strike, walkout, work stoppage, work
slowdown, work curtailment, cessation or Interruption, the other unions will consider such picketing or
other work action as unauthorized and will refuse to honor any picket line established and the unions
further agree to instruct their members to cross such unauthorized lines. Failure of any union or groups
of employees to cross such unauthorized picket lines on any covered project shall be a violation of this
agreement.
5. Any Contractor signatory or otherwise bound, stipulated to, or required to abide by any provisions
of this Agreement may implement remnabie project rules and regulations, and these rules and
regulations $hail be distributed to all employees on the Covered Project. Provided, however, that such
rules and regulations shall not be inconsistent with the terms of this Agreement or any applicable area -
wide collective bargaining agreement. Any Contractor shall have the right to discharge or discipline its
unman employees who violate the provisions of this Agreement or any Covered Project's rules and
regulations. Such discharge or discipline by a Contractor shall be subject to the Grievance/ Arbitration
procedure of the applicable area -wide collective bargaining agreement only as to the fact of such
employee's violation of this Agreement. If such fact Is established, the penalty imposed shall not be
subject to review or disturbed. Constructlon Work at any Covered Project site under this Agreement
shall continue without disruption or hindrance of any kind during any Gr€evance/Arbitration procedure.
MPLA-CC-O6
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
6. The unions understand and acknowledge that the District's Contractors are responsible to perform
Construction Work as required by the District. The Contractors have complete authority to do the
following, subject to District approval, If required, and If consistent with the terms of the coilectwe
bargaining agreements attached hereto:
a. Flan, direct, and control the operations of all work;
b. Hire and layoff employees as the Contractor deems appropriate to meet work
requirements;
c. Determine work methods and procedures;
d. Determine the need and number of foremen;
e. Require all employees to observe Contractor and/car District rules and regulations;
f. Require all employees to work safely and observe all safety regulations prescribed by the
Contractor and/or the District; and
g. Discharge, suspend, or discipline employees for proper cause.
h. Abide by the rules set Forth In each respective Trade Unions` Collectively Bargained
Agreement pertaining to apprentice: to journeymen ratios.
7. Nothing In the foregoing shall prohibit or restrict any Party from otherwise judicially enforcing any
provision of its collective bargaining agreement between any Union and a Contractor with whom It has a
collective bargaining relationship.
8. This Agreement shall be incorporated into all advertised contract documents after the Board of
Commissioners adopts and ratifies this Agreement,
9. The term of this Agreement shall be five {5} years and shall be automatically extended from year to
year unless the district or the Council issues a written notice to terminate prior to ninety (JD) days in
advance of .any expiration. Any Covered project commenced during and/or covered by the terms of this
Agreement shall continue to be covered by Its terms until the final completion and acceptance of the
Covered Project by the District.
1o, In the event a dispute shall arise between a contractor or subcontractor any signatory union and/or
fringe benefrt fund as to the obligation and/or payment of fringe benefits provided for under the
appropriate Collective Bargaining Agreement, upon notice to the District by the appropriate union
signatory hereto of a maim for such benefits, the District shall forward such notification to the surety
upon the contract, and to the general contractor,
11. In the event of a jurisdictional dispute by and between any Unions, such Unions shall take all steps
necessary to promptly resolve the dispute. In the event of a dispute relating to trade or work
Jurisdiction, Parties, including Contractors, consent to and agree that a final and binding resolution of
the dispute shall be achieved In accordance with the terms of paragraph nine of the Joint Conference
Board Standard Agreement between the Chicago & Cook County Building Trades Council and the
Construction Employers' Association, attached hereto as Appendix B, and as may be modified from time
to time during the term of this Agreement.
4
MPLA-CC-06
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
12. This Agreement shall be incorporated into and become a Part of the collective bargaining
agreements between the Unions signatory hereto and Contractors and their subcontractors. In the
event of any Inconsistency between this Agreement and any collective bargaining agreement, the terms
of this Agreement shall supersede arid prevail. In the event of any inconsistency between this
Agreement and any collective bargaining agreement, the terms of this Agreement shall supersede and
prevail except for all work performed under the NTP Articles of Agreement, the National Stack/Chimney
Agreement, the National Cooling Tower Agreement, all instruction calibration work and loop checking
shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and
Control systems Technicians, and the National Agreement of the International Union of Elevator
Contractors with the exception of the content and subject matter of Article V, V1, and Vil of the AFL-
CIO's Building & Construction Trades Department model Project Labor Agreement,
13, The Parties agree that in the implementation and administration of this Agreement, it Is vitally
necessary to maintain effective and immediate communication so as to minimize the potential of labor
relations disputes arising out of this Agreement. To that end, each Party hereto agrees to designate, in
writing, a representative to whom problems which arise during the term of this Agreement may be
directed. Within forty-eight (48) hours after notice of the existence of any problem, a representative of
each Party shall meet to discuss and, where possible, resolve such problems. The representative of the
Unions shall be President of the Chicago & Cook County Building & Construction Trades Council or
his/her designee. The representative of MWRD shall be the District's Assistant Director of Engineering,
Construction Division or his/her designee.
14. The District and the Contractors agree that the applicable substance abuse policy (i.e., drug, alcohol,
em.) on any Covered Project shall be that as contained or otherwise provided for in the relevant area -
wide collective bargaining agreements attached as Appendix A to this Agreement, Nothing In the
foregoing shall limit the District and/or Contractors from initiating their own substance abuse policy
governing other employees performing work on a project not otherwise covered under this Agreement.
in the event there is no substance abuse policy in the applicable collective bargaining agreements, the
policy adopted by the District and/or Contractor may apply. The District is not responsible for
administering any substance abuse policy for non -District employees.
15. The Parties recognize a desire to facilitate the entry Into the building and construction trades of
veterans who are interested in careers in the building and construction industry. The Contractors and
Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans
Employment ("Center"), the Center's Helmets to Hardhats program, and the Veteran's In Piping (V.I.P)
program (this only pertains to the United Association PipeFitter's Local 597, Plumbers Local 130, and
Sprinkler Fitter's Local 281), to serve as a resource for preliminary orientation, assessment of
construction aptitude, and referral to apprenticeship programs or hiring halls, counseling and
mentoring, support network, employment opportunities, and other needs as Identified by the Parties,
The Contractors and Unions also agree to coordinate with the Center to create and maintain an
integrated database of veterans Interested In working on Covered Projects, Including apprenticeship and
employment opportunities on such projects. To the extent permitted by law, the Parties will give
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
appropriate credit to such veterans for bona fide, provable past experience in the building and
construction industry.
16. The Parties agree that Contractors working under the terms of this Agreement shall be required to
utilize the maximum number of apprentices on Covered Projects as permitted under the applicable
area -wide collective bargaining agreements contained in Appendix A, where feasible and practical.
17. Neither the District, the Contractors, nor the Unions shall discriminate against any employees of a
protected class, including but not Iimited to on the basis of race, creed, color, national origin, age, or
sex, in accordance with all applicable state and federal laws and regulations.
18. If ,any provision or other portion of this Agreement shall be determined by any court of competent
jurisdiction to be invalid, Mega 1, or unenforceable in whole or in part, and such determination shall
become final, it shall be deemed to be severed or limited, but only to the extent required to ander the
remaining provisions and portions of this Agreement enforceable. This Agreement, as amended, shall be
enforced so as to give effect to the intention of the Parties Insofar as possible.
19. Under this Agreement, any liability of the Parties shall be several and not joint. The District shall not
be liable for any violations of this Agreement by any Contractor or Unfon, and any Contractor or Union
shall not be liable for any violations of this Agreement by the District, any other Contractor, or any other
Union. In the event any provision of this Agreement is determined to be invalid, illegal, or unenforceable
as specified In Paragraph 18, neither the DistrIM nor any Contractor or Union, shall be liable for any
action taken or not taken to comply with any court order.
20. The Parties are mutually committed to promoting a safe working environment For all: personnel at
the job site. It shall be the responsibility of each employer to which this Agreement applies to provide a
work environment free of Illegal drugs and any concealed weapons, to maintain safe working conditions
for its employees, and to comply with all appiicabie federal, state, and local health and safety laws and
regulations.
21. The use orfurnishing of alcohol, weapons, or illegal drugs and the conduct of any other illegal
activities at the job site is strictly prohibited. The Parties shall take every practical measure consistent
with the terms of the applicable area -wide collective bargaining agreement to ensure that the job site is
free of weapons, alcohol, and illegal drugs.
22. Each Union representing workers engaged In Construction Work on a Covered Project is bound to
this Agreement with full authority to negotiate and sign tris Agreement with the District.
23. All Parties represent that they have the full legal authority to enter Into this Agreement.
24. This document, with the attached Appendices, constitutes the entire Agreement of -the Parties and
may not be modified or changed except by subsequent written agreement of the Parties.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
25. Having been adopted by the Board of Commissioners on August 3, 2017, and ratified and effective
as of the last date on the signature page, this agreement supersedes any other Multi -Project Labor
Agreement previously entered into by the parties as of the date of ratification.
Pternainder out page intentionally left blank. Signature page follows.]
MPLA-CG-d9
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The w.idersigned, as a Party hereto, hereby agrees to all the terms and conditions of this
Agreement
Dated ibis I�ME day oft 2017 is Chicago, Cook County, Illinois.
On behalf of the MetropoUtan Water ltiReclarnation District of Creator Chicago
r
David St. Pi=e Darlene A. LoCascio
Executive Director Director of Procurement and Materials
Management
Approved as to Form and 'Legality
Helen Shields-Wriglit
Head Assistant Attorney
Susan T. Mo rakalis
Acting General Counsel
Frank Avila
Chairniwi of Finance
Approved
m..
Mariy>a °t��
MPl.A-CC-1 �
A.
ireator of finance/Clerk
Mariyana 1,r-S'yropouios.
Chairman, Cama�n�itee ons .
Xndustnal Relations
'I
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned., as a Warty hereto, agrees to alt the terms and conditions of this
Agreement.
Dated this the/.9: day of M�PiL, 2417 in Chicago, Cook County, Illinois..
On behalf of. Teamsters Local Union leo. 731
Labor Organization
APPROVED:
its 1hi y Authorized Officer Terrence J. Hancock, President
MPLA-CC-11
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement
Dated this thel3th day of September 2017 in Chicago, Cook County, Illinois.
OnbehAfof.--_5 �rikl�erFi�tters Union Local 281, D.A.
Labor Organization
APPROVED:
J. Fleming, Business Manager
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
/4' � > 4
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the � day of —*6...1
-12417 in Chicago, Cook County, Illinois.
On behalf of•_za r_ .,. -0122
Labor Organization
its Duly Authorized Officer
MPLA CC -13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 5, 2017
The undersigned, as a Party hereto, agrees to all the terns and conditions of this
Agreement.
Dated this the j. day of Sodltrn , 2017 in Chicago, Cook County, Illinois.
On behalf of. t7v # u -"ti k C Al i
Labor Qrgaukation
APPROVED:
Its Duly Author' OfTxcer °
MPLA-CC-14
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the day of 2017 in Chicago, Cook County, Illinois.
On behalf of. /Ow � W to CA / /3 P a 4
Labor Organization
APPROVED:
Its y Authorised Offic
RI
MPLA-CC-15
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
4-we? �cl
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agement.
Dated this the �gvay of 2417 in Chicago, Cook County, Illinois.
On behalf of / - -
Labor Organization
APPROVED:
9
MPLA-CCA6
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
A'q'l4_j /C::�-r4
September S, 2017
Thr- undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement
bated this the 199t -day of 017 in Chicago, Cook County, Illinois.
On behalfof: R, � "ft ('to, -�—cr
Labor Organization
APPROVE:
MPLA CC -17
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The widersigced, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this thea day of _. 2017 in Chicago, Cock County, Xllinais.
On behalf of e
Lab .....
or Organisation - --
APPROVED:
MPLA-CC-48
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the � o day of �' �, 2017 in Chicago, Cook County, Illinois.
On behalf of: I' too
Labor Drganin lon
APPROVED:
Its Dulp Auorized d ear --- -
MPLA-CC-19
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September &, 2017
The undersigned, as a Party hereto, agrees to aU the terms and conditions of this
Agreement.
Dated this the t -I day nf� , 2017 in Chicago, Cook Co-unty, Illinois.
0n behaff of: a �y )16
Labor Organization
APPROVED:
lee-
-D
_ ..
Dul Attthar� -
MPLA-CC-20
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2027
The tmdmmgaed, as a Party bird% Rpm to ati the texo m and wndi6ons of this
AgxesznML
Dated this the `�/l�UY of r 17 in CiaiBagn, Cook County, JIUuoi&
Un bchw of:
Labor Organkation
APPROVED:
D1�ily A ., d Offi�or
9
1ZLI:F
MPI.A-CC-21
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
10 /7L*
Septembers, 201.7
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the �ay of 2017 in Chicago, Cook County, Illinois.
On behalf of
abQr [?x'ganixativrt
APPROVED:
Its Duly Authorized Officer
N
MPA-CG22
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 5, 2017
The undersigned, as a Party berets, agrees to all the terms and conditions of this
Agreement
Dated this the 12�06ay of �' , 2417 in Chicago, Cask County, Illinois.
On behalf of.
Labor Organlation
APPROVED:
Its17u1 Aga
y �orized Officer
F
PLA-CC-23
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 5,1417
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the. hday of, 2417 in Chicago, Cook County, Illinois.
On behalf T' ,,Iu Loe'cc j
Labor Organization
APPROVED:
Its Say Aut 'z d Officer
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the LL day of 2017 in Chicago, Cook County, Illinois.
on behaff of: V 45 e- t D(-_
Labor Organization
APPROVED:
Its Dulp Au onmd Officer
E
LA-CC-25
EEd
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
lz'b /ate
5epternber 6, 2017
The zuidersigued, as a Party hereto, agrees. to all the terms and conditions of this
Agreement.
Dated this the J_�- day of _ 2017 in Chicago, Cook County, Illinois.
On behalf of: �- '° (A1 1,3
Labor Organiutioln
U. U14 � WO
.Its Duly Auftrized Off=
MPLA-CC-26
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September B, 7017
The undersigned, as a Party hereto, agrees to aH the terms and conditions of this
Agreement.
Dated this the day of�
4n behalf of: I�
Labor Orgar
2017 in Chicago, Cook County, Illinois.
MPLA-CC-27
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
r vI Ar•G-p lc�w
September 5, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Ag=ment.
Dated this the 12— day of 2017 in Chicago, Cook County, Illinois,
On behalf
Labor Drganizativa
APPROVED:
is Duly Authorized officer
MPLA-CC-28
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 5, 2017
The undersigned, as a Warty hereto, agms to all the terms and conditions of this
Agreement. pp�
Dated this the LZ_ day ofg� t"f"i + - , 2017 in Chicago, Cook County, Triinois.
On bebalt of: LaQ 0 PA (
nn
APPROVED:
it G' Authorized Officer
0
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
September 6, 2017
The undersigned, as a Party hereto, agrees to all the terms and conditions of this
Agreement.
Dated this the .Zg_ day of � 2417 in Chicago, Cook County, Illinois,
On behalf of®.
Labor Organization
APPROVED:
is Duly Auti®riied�Ckcer��
9
MPLA-CC-30
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
ApPENaI A
September 5, 70.7
For copies of Collective Bargainfng Agreements, please go to the MWRD Website and click on:
Freedom of Information Act (FOIA)/Category of Records
10
MPLA-CC-31
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
APPENDIX B
11
September 6, 2017
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
0ocuSim envelope ID: 5DD9C849-6998-4E3MA30-1E642D25642S
JOINT CONFERENCE BOARD
STANDARD AGREEMENT
6/1115-5/31/20
Construction Employers' Association
And
Chicago & Cook County Building &
Construction Trades Council
E
A -CG -33
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
I50cuSlgn Envelope ?D: 5009M4"998-4E39,8A30-11P420255425
The Standard Agreement
between
The Construction Employers' Association
and
The Chicago & Cook County
Building & Construction Trades Council
Establishing
The Joint Conference Board
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
0owSign Envelope ID: 5DDgC84M988.4E3Q-&0.30-1 E042D266426
CHRONOLOGY
ADOPTED NOVEMBER 18, 1926
AMENDED AND READOPTED JANUARY 11, 1929
AMENDED AND READOPTED .TUNE 24, 1942
READOPTED APRIL 28, 1947
AMENDED AND READOPTED MARCH 19, 1952
READOPTED FEBRUARY 12,1957
AMENDED AND READOPTED MAY 13,1958
AMENDED AND READOPTED FEBRUARY 11, 1960
AMENDED AND READOPTED MAY 21,1963
AMENDED NOVEMBER 15,1965
AMENDED MARCH 14, 1967
AMENDED AND READOPTED MARCH 4, 1968
AMENDED AND READOPTED NOVEMBER 11, 1971
READOP'T'ED NOVEMBER 20, 1973
READOPTED DECEMBER 12, 1978
READOPTED APRIL 12, 1983
READOPTED MARCH 31, 1988
AMENDED AND READOPTED APRIL 25, 1989
REFORMATTED, AMENDED AND READOPTED .LUNE 1, 1994
AMENDED AND READOPTED JUNE 1, 1999
AMENDED APRIL 1, 2003
AMENDED AND READOPTED JUNE 1, 2004
AMENDED AND READOPTED JUNE 1, 2005
AMENDED AND READOPTED JUNE 25, 2008
AMENDED AND READOPTED FEBRUARY 15, 2010
. AMENDED AND READOPT13D MAY 28, 2015
Expiration Date: MAY 31, 2020
M PLA -CC -35
000uSignEnvelope ID: eAoo47E1'ncoA-4o400ncF-onoAoFcccoon
15ocuSign Envelope ID: SDD9C849-6998-4E39-8A30-IE642D258426
TABLE OF CONTENTS
Touls_.......... _.__....... _~-_...... -.�g
Article
Page
Preumb|o~....__.,.-_-._......-__......__...._..-.._._.....__l
Paragraph 4
Declaration of
Articles of .............-~.-~~__~.9
Sb9ulntioo..-..-..._-,_-.,.__-'9
1. No Work _-___~_............. __.............
~~.3
D. .............
Paragraph 7
Area of
Paragraph lAbandonment ofWork- ...... .~~._~.-~_~~,3
Paragraph 8
Paragraph 2 Collection of ...........
Paragraph 3 Contracting... --r-1 .......
B/. ......
V. Joint Conference Bnard~~.~~--.-.'~_...~-~..~~..~4
Violations
\/l Arbitrator's Criteria --.~-__-....... ._-__.~-.-_~4
yD, Arbitration-----, ..
No*iceo_._.__~_--~-__-.___^~ll
Paragraph I Aouou ,~~~....... 6
Paragraph 2 Make Dnof]CB
Paragraph 3 Selection of
Paragraph 4 Unfilled Tuomu.__-___--_~-___-_.6
Paragraph 5 Substitutes at Meetings.....
ll
Paragraph 6 Notice of ___.~_~'._^-_~--7
Question of
7 Qunnuoa~__~.Paragraph _.___~...~.-..-~_~...7
8 Impartiality
Paragraph 9 Initiation ofuHearing --__........
_'-_'7
Paragraph 10 Presentations..... .......
Paragraph ll Other Attendees ,-..__.~_........._~.�
Paragraph 12 Contacting the Arbitrator_-~~~-.-.-_--�
Paragraph 13 Board oyAzbitruiboo_'__''..................
8
Paragraph 2
Touls_.......... _.__....... _~-_...... -.�g
Paragraph 3
Small Tasks. ........... ......... __-____--O
Paragraph 4
Compliance of -..~~....~-D
Paragraph
Sb9ulntioo..-..-..._-,_-.,.__-'9
Paragraph 8
Labor Agreement Stipulation --.~.-...9
Paragraph 7
Area of
0
Paragraph 8
Decisions Final ........................................ _1Q
Paragraph 9
~........... .......... ___,_~~,~l0
Paragraph 0
Violations
0
Paragraph ll
No*iceo_._.__~_--~-__-.___^~ll
Paragraph 12
Holidays .._-~.--_.-_............. ....... _Il
Paragraph 13
Enforcement- ~.~-~................ ~.~......
ll
Paragraph 14
Question of
l
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
15ocuS)gn Envelope ID: 5IDD9C849-6998-409-8A30-1 E642D2.56425
PREAMBLE
This Agreement is entered into to prevent strikes and lockouts and to facilitate peaceful
adjustment of jurisdictional disputes in the building and construction industry and to
prevent waste and unnecessary avoidable delays and expense, and for the further purpose
of at all times securing for the employer sufficient skilled workers and so far as possible
to provide for labor continuous employment, such employment to be in accordance with
the conditions and at the wages agreed upon, in the particular trade or craft, that stable
conditions may prevail in the construction industry, that costs may be as low as possible
consistent with fair wages and conditions and further to establish the necessary procedure
by which these ends may be accomplished.
This Standard Agreement shall be considered and shall constitute a part of all agreements
between Employers and Labor Unions, members of the Construction Employers'
Association, herein call the Association, and the Chicago & Cook County Building &
Construction Trades Council, herein called the Council, as containing within its terms the
necessary protection of and assuring undisturbed conditions in the industry. In the event
of any inconsistency between this Agreement and any collective bargaining agreement,
the terms of this Agreement shall supersede and prevail except for all work performed
under the NT Articles of Agreement, the National Stack/Chimney Agreement, the
National Cooling Tower Agreement, all instrument calibration work and loop checking
shall be performed under the terms of the UA/IBEW Joint National Agreement for
instrument and Control Systems Technicians, and the National Agreement of the
International Union of Elevator Constructors with the exception of the content and
subject matter of Articles V, VI and VII of the AFL-CIO's Building & Construction
Trades Department model Project Labor Agreement, -
[M 7PL A �-C C - �37
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
bowSign ewolape S0: 6DDOC84B-6998-4E39-8A30-1554213256425
DECLARATION OF PRINCIPLES
The Principles contained herein are fundamental., and no articles or section in this
Agreement or in the collective bargaining agreement pertaining to a specific trade or craft
shall be construed as being in conflict with these principles. In the event any conflict
exists between this Agreement and any collective bargaining agreement subject to the
Provisions of this Agreement and the dispute resolution provisions contained hereunder,
and pertaining to a speck trade or craft: concerning the resolution of jurisdictional °
disputes, the parties specifically agree that the terms of Ns Agreement are exclusive and
supersede any other provisions or procedures relating to the settlement of jurisdictional
disputes contained in such collective bargaining agreement.
1.. There shall be no limitation as to the amount of work a worker shall perforin
during the work day.
ll. There shall be. no restriction on the use of machinery, tools or appliances.
W. There shall be no restriction on the use of any raw or manufactured material,
except prison made.
IV. No person shall have the right to interfere with workers during working hours.
V. The use of apprentices shall not be prohibited.
VI. The foreman shall be the agent of tate employer.
V1I. The worker is at liberty to work for whomever he or she sees fit but such worker
shall demand and receive the wages agreed upon in the collective bargaining
agreement covering the particular trade or craft under any circumstances.
VIII. The employer is at liberty to employ and discharge for just cause whomsoever the
employer sees fit.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
bocu5ign Fnvelope ID: 5DD8C84M9g8-4E39-8A30-SE&420256425
ARTICLES OF AGREEMENT
ARTICLE if
Therefore, with the Preamble and Declaration of Principles as part of and fundamental to
this Agreement, the parties hereto hereby We that there shall be no lookout by any
employer, or strikes, stoppage, or the abandonment of work either individually or
collectively, by concerted or separate action by any union without arbitration of any
jurisdictional dispute as hereinafter provided.
ARTICLE II
The parties hereto hereby agree that in the manner herein set forth, they and the parties
whom they represent will submit to arbitration all jurisdictional disputes that may arise
between them and any misunderstanding as to the meaning or intent of all, or any part, of
this Agreement, and they further agree that work will go on undisturbed during such
arbitration, and that the decision of the arbitrator shall be final and binding on the parties
hereto as provided in Article VL
ARTICLE III
Paragraph 1. Should a Union affiliated with the Council abandon its work without first
submitting any jurisdictional dispute to arbitration as provided herein, or should any
employees whom it represents individually or collectively, or by separate or concerted
action, leave the work, the employer shall have the right to fill the places of such workers
with workers who will agree to work for the employer, and the Union shall not have. the
right to strike, or abandon the work, because of the employment of such workers.
Paragraph 2. The Union shall have the right to take the employees whom it represents
from the work for the purpose of collecting wages and fringe benefits due, but such
matter shall immediately be referred to arbitration. Should there be a dispute as to the
amount due, the matter shall be first referred to arbitration as herein set forth.
Paragraph 3. The parties recognize the importance of having all work performed in a
satisfactory manner by competent craftsmen. Because the unions affiliated with the
Council have through apprenticeship and other training programs consistently striven to
create an adequate supply of such skilled workers, and because it is desirable that the
unions cominue to do so, the Association, for itself and for each employer whom it
represents agrees, to the extent permitted by law, that it will contract or subcontract any
work to be done at the site of the construction, alteration, painting, or repair of a building,
structure, or other work, only with or to a contractor who is a party to a collective
bargaining agreement with a union affiliated with the Council and, accordingly, is bound
by all the terms and provisions of this Standard Agreement.
H
G39
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
6acu5ign envelope ID: 5DD90849-6998-4E39-8A30IE642D256425
ARTICLE IV
The parties recognize the importance of having available and furnishing at all times
during the life of this Agreement sufficient skilled workers, capable of performing the
work of their trade, and to constantly endeavor to improve the ability of such workers and
further to have in the making, through apprenticeship training, workers who can enter the
trade properly equipped to perform the work, and to the extent possible, the parties agree
to do everything within their power to cooperate in carrying out these purposes. Joint
apprenticeship committees shall have the right to maintain schools for the training of
apprentices registered under the terms of the particular collective bargaining agreement
involved and such apprentices shall be considered skilled and qualified journeymen when
adjudged competent by a committee composed of the members of the parties to the
particular collective bargaining agreement involved. However, this article shall not be,
construed to disturb present systems wherein the labor organization which is a party to the
particular collective bargaining agreement involved compels apprentices to attend trade
school.
ARTICLE V
A Joint Conference Board is hereby created by agreement between the Association and
the Council, which shall be binding upon the members and affiliates of each, and it is
hereby agreed by the parties hereto, together with their members and affiliates, that they
will recognize the authority of said Joint Conference Board and that its decisions shall be
final and binding upon them as provided in Article V1. The administration of the Joint
Conference Board shall be executed by the Secretary of the Board. All normal operating
and all extraordinary expenses shall be borne equally.
ARTICLE VI
The Joint Conference Board shall be responsible for the administration of this
Agreement. no primary concern of the Joint Conference Board shall be the adjust=rit
of jurisdictional' disputes by arbitrators selected by the Board. Decisions rendered by any
arbitrator under this Agreement appointed by the Joint Conference Board relating to
jurisdictional disputes shall be only for the specific job under consideration and shall
become effective immediately and complied with by all parties. In rendering a decision,
the Arbitrator shall determine:
a) First whether a previous Agreement of.Record or applicable agreement, including
a disclaimer agreement, between the National or International 'Unions to the
dispute governs.
b) Only if the Arbitrator finds that the dispute is not covered by an appropriate or
applicable Agreement of Record or agreement between the National or
International Unions to the dispute, he shall then consider the established trade
practice in the industry and prevailing practice in the locality. Where there is a
IMPLA-CC-40d
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
lbocuSlon Envelope ID: 5D09Ce494M8 4E35.8A39-1E54$F 2WZ5
previous Decision of Record governing the case, the Arbitrator shall give equal
weight to such Decision of Record, unless the prevailing practice in the locality in
the past ten years favors one craft. In that case, the Arbitrator shall base his
decision on the prevailing practice in the locality. Except, that if the Arbitrator
finds that a craft has improperly obtained the prevailing practice in the locality
through raiding, the undercutting of wages or by the use of vertical agreements,
the Arbitrator shall rely on the Decision of Record and established trade practice
in the industry rather than the prevailing practice in the locality.
c) In order to determine the established trade practice in the industry and prevailing
practice in the locality, the Arbitrator may rely on applicable agreements between
the Local Unions involved in the dispute, prior decisions of the Joint Conference
Board for specific jobs, decisions of the National Plan and the National Labor
Relations Board or other jurisdictional dispute decisions, along with any other
relevant evidence or testimony presented by those participating in the hearing.
d) Only if none of the above criteria is found to exist, the Arbitrator shall then
consider that because efficiency, cost or continuity and good management are
essential to the wel l being of the industry, the interests of the consumer or the past
practices of the employer shall not be ignored.
Agreements of Record are those agreements between National and International Unions
that have been "attested" by the predecessor of the National Plan and approved by the
AFGCID Building and Construction Trades Department and are contained in the Green
Book. Such Agreements of Record are binding on employers stipulated to the Plan for
the Settlement or Jurisdictional Disputes in the Construotion Industry (the "National
Plan"), the National Plan's predecessor joint boards or stipulated to the Joint Conference
Board. Agreements of Record are applicable only to the crafts signatory to such
agreements. Decisions of Record are decisions by the National Arbitration Panel or its
predecessors and recognized under the provisions of the Constitution of the AFL-CIO
Building and Construction Trades Department and the National Plan. Decisions of
Record are applicable to all crafts.
The Arbitrator shall set forth the basis for his decision and shall explain his findings
regarding the applicability of the above criteria. If lower -ranked criteria are relied upon,
the Arbitrator shali explain why the higher -ranked criteria were not deemed applicable.
The Arbitrator's decision shall only apply to the job in dispute. Such decisions of the
Arbitrator shall be final and binding subject only to an appeal, if such an appeal is
available under conditions determined by the Building and Construction Trades
Department of the American Federation of Labor and Congress of industrial
Organizations under the National Plan or any successor plan for the settlement of
jurisdictional disputes.
M Pl A -CC -41
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
60cusign Envelope 10: 6DO9C84"998AE39-8A30-IE642D266426
ARTICLE V11
This is an arbitration agreement and the intent of this agreement is that all unresolved
jurisdictional disputes must be arbitrated under the authority of the Joint Conference
Board and that the decisions, subject to the right of appeal provided in Article V1, shall be
final and binding upon the parties hereto and upon their affiliates and the members of
such affiliates, and that there shall be no abandonment of the work during such arbitration
or in violation of the arbitration decision. The Joint Conference Board shall administer
the neutral arbitration system of this agreement. Any party bound to this Agreement
through a collective bargaining agreement with any Local Union affiliated with the
Council shall be bound to this Agreement for all jurisdictional disputes that may arise
between any Local Unions affiliated with the Council. Employers bound to this
Agreement shall require that this Agreement be a part of all agreements with contractors
or subcontractors covering work performed by any trade or craft affiliated with the
Council. All parties to this Agreement release the Board from any liability arising from
its action or inaction and covenant not to sue the Board. Any damages incurred by the
Board for any breach of this covenant shall include, but are not limited to, the Board's
costs, expenses and attorneys fees incurred as a result of said legal proceedings.
Paragraph I - The annual meeting of the Joint Conference Board shall be held in June,
unless another date is agreed upon by the parties.
Paragraph 2 - The parties hereto shall designate an equal number of members who shall
serve upon the Joint Conference Board. The members of the Board shall annually be
certified by the Association and the Council in written communications addressed to the
Board by the President and Secretary of the respective organizations. Each year the Joint
Conference Board shall select a Chairman from among its members, The Joint Con-
ference Board shall also select from among its members a Vice Chairman. The Board
shall also select a Secretary. All members shall serve for one year or until their
successors have been selected.
Paragraph 3 - At the annual meeting, the Association and Council shall each name at least
live and up to ten impartial arbitrators.
Paragraph 4 - In the event the Chairman or Vice -Chairman is unable to serve by reason of
resignation, death or otherwise, a successor may be selected for the remainder of the term
by the party which made the original selection. Should a member of the Joint Conference
Board be unable to serve, because of resignation, death or any other reason, the successor
shall be selected by the Association or Council respectively in which such member holds
membership.
Paragraph 5 - Should any member of the Board for any reason be unable to attend any
meeting of the Board, the President of his respective organization shall be empowered to
name a substitute for each absentee for that meeting.
FF�LA-�CC-42
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
bocuSign Envelope 10: SDID4Cfs4g-69.98.4E39-9A30-lEr>42D256425
Paragraph 6 - Meetings of the Board may be called at any time by the Chairman,
Secretary or three members of the Board. Seventy-two hours written notice of such
meeting must be given to each member of the Board.
Paragraph 7 - Twelve members of the Board, six from each of the parties, present at the
executive session, shall be a quorum for the transaction of business. The Chairman, or
Vice -Chairman, when presiding, shall not be counted for the purpose of determining a
quorum. Whenever the number of members present from each party at the executive
.session are unequal, he party with the fewer members present shall be entitled to cast a
total number of votes equal to the number of the present members of the other party with
the additional votes of said party being cast in accordance with the vote of the majority of
its members who are present.
Paragraph 8 - If it is brought to the attention of the Chairman that any member (other than
the Chairman) is not impartial with respect to a particular matter before the Board, the
Chairman may excuse such member from the executive session if the Chairman
concludes that such member has a conflict of interest with respect to such matter.
Paragraph 9 - Should a jurisdictional dispute arise between the parties hereto, among or
between any members or affiliates of the parties hereto, or among or between any
members or affiliates of the parties hereto and some other body of employers or
employees, the disposition of such dispute shall be as follows:
a) The crafts involved shall meet on the jobsite or a mutually agreed location to
resolve the jurisdictional dispute.
b) If the said dispute is not settled it shall be submitted immediately in writing to the
Secretary of the Joint Conference Board, Unless agreed to in writing
(correspondence, email, etc.) by the trades involved in the dispute, the trades and
contractors shall make themselves available to meet within 72 hours at a neutral
site with representatives of the Chicago & Cook County Building & Construction
Trades Council and the Construction Employers' Association to resolve this
jurisdictional issue.
c) Failure to meet within seventy-two (72) hours of receiving written notice or e-
mail to the meetings contemplated in "a" or "b" above will automatically advance
the case to the next level of adjudication.
d) Should this jurisdictional issue be unresolved , the matter shall, within 72 hours
not counting. Saturday, Sunday and Holidays, hereafter, be referred to an
Arbitrator for adjudication if requested in writing by any party. The Arbitrator
shall hear the evidence and render a prompt decision within forty-eight (48 hours)
of the conclusion of the hearing based on the criteria in Article VI. The
arbitrator chosen shall be randomly selected based on availability from the list
EEE
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
6ocuslon invefope 0: 5DD9C649-6998-4E39-8A30-IE6420266425
submitted in Article VII Paragraph 3. The decision of the Arbitrator shall be
subject to appeal only under the terms of Article VI. The written decision shall be
final and binding upon all parties to the dispute and may be a short form decision.
The fees and costs of the arbitrator shall be divided evenly between the contesting
parties except that any party wishing a full opinion and decision beyond the short
form decision shall bear the reasonable fees and costs of such full opinion,
e) Should said dispute not be so referred by either or both of the parties, the Joint
Conference Board may, upon its own initiative, or at the request of others
interested, take up and decide such dispute, and its decision shall be final and
binding upon the parties hereto and upon their members and affiliates as provided
for in Article VI.
In either circumstance all of the parties are committed to a case until it is finalized, even
if there is an appeal. However, in cases of jurisdictional or other disputes between a
union and another union, which is a member of the same International Union, the matter
in dispute shall be settled in the manner set forth by their International Constitution, but
there shall be no abandonment of the work pending such settlement.
Paragraph 10 - All interested parties shall be entitled to make presentations to the
Arbitrator. Any interested party present at the hearing, whether making a presentation or
not, by such presence shall be deemed to accept the jurisdiction of the arbitrator and to
agree to be bound by its decision and further agrees to be bound by the Standard
Agreement, for that case only if not otherwise so bound.
Paragraph I I - Upon approval of the Arbitrator other parties not directly involved in the
dispute may be invited to be present during the presentation and discussion portions of an
arbitration hearing. Attorneys shall not be permitted to attend or participate in any
portion of a hearing.
Paragraph 12 —At no time shall any party to a pending dispute unilaterally or
independently contact the Arbitrator assigned to hear the case. All inquiries must be
submitted to the Secretary of the Joint Conference Board.
Paragraph 13 - The Joint Conference Board may also serve as a board of arbitration in
other disputes, including wages, but only when requested to do so by all parties involved
in the particular dispute or controversy. It is not the Intention of this Agreement that the
Joint Conference Board shall take part in such disputes except by mutual consent of all
parties involved.
ARTICLE VIII
Paragraph I - The duly authorized representatives of members of affiliates of either party
hereto, if having in their possession proper credentials, shall be permitted to visit jobs
E- CC :-4 4]
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
IbocuSlgn ,Envdopa ID. 50D9C849-B958-4E3"A30-1 E6420256425
during working hours, to interview the contractor or the workers, but they shalt in no way
interfere with the progress of the work.
Paragraph 2 - The handling of tools, machinery and appliances necessary In the
performance of the work covered by a particular collective bargaining agreement, shall be
done by journeymen covered by such agreement and by helpers and apprentices in that
trade, but similar tools, machinery and appliances used by other trades in the performance
of their work shall be handled in accordance with the particular collective bargaining
agreement of that trade.
Paragraph 3 - In the interest ofthe public economy and at the discretion of the employer
or foreman, all small tasks covered by a particular collective bargaining agreement may
be done by workers or laborers of other trades, if mechanics or laborers of this trade are
not on the building or job, but same are not to be of longer duration than one-half hour in
any one day. The Joint Conference Board may render a decision involving a composite
crew.
Paragraph 4 - It is fundamental to the Standard Agreement that all members and affiliates
of the parties to this Agreement be stipulated to the Standard Agreement and the Joint
Conference Board. All current members of the Chicago and Cook County Building and
Construction Trades Council, and their affiliates, by this Agreement are stipulated to the
Standard Agreement and Joint Conference Board for the term of the current Standard
Agreement. The area labor agreements of the members and affiliates of the parties setting
Nth language stipulating those parties to the Standard Agreement and Joint Conference
Board shall be filed with the Secretary of the Joint Conference Board annually, at the time
of the joint Conference Board appointments. Current trade or craft agreements will
prevail as interim agreements in the event labor negotiations are incomplete or in process
at the time of the annual meeting.
Paragraph 5 - All members and alf]Iates of the parties with labor agreements containing
language stipulating those parties to the Standard Agreement and Joint Conference Board
shall remain stipulated for the term of the current Standard Agreement. Any members or
affiliates of the parties who negotiate language stipulating the parties to the Standard
Agreement and/or the Joint Conference Board in their area labor agreement shall remain
stipulated for the term of the current Standard Agreement. Any Association that
incorporates Standard Agreement and/or Joint Conference Board stipulation language
into their collective bargaining agreement will automatically have representation on the
Joint Conference Board.
Paragraph d - Only those crafts with stipulation language in their area labor agreements
will be allowed to bring jurisdictional dispute cases to the Joint Conference Board. Those
crafts without stipulation language in their area labor agreements will be allowed to
participate if a jurisdictional dispute case is brought against their craft and will have the
right to appeal any decision, If such an appeal is available, as provided in Article Vi of
this Agreement.
IMPLA-CC-45
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
bocusigninveiope io: 5DD9C049-6998-4E39-BA30-IE042D256425
Paragraph 7 - This agreement applies only to work performed within Cook County,
Illinois.
Paragraph 8 - As herein before provided in Article VII, decisions or awards as to
jurisdictional claims and decisions determining whether or not said decisions or awards
have, been violated rendered by the Joint Conference Board shall be final, binding and
conclusive on all the parties hereto, on all of their members and affiliates, and on all
employers subject only to the right of appeal herein provided for in Article VI.
Paragraph 9 - To further implement the decision of the Joint Conference Board, it is
agreed that any party hereto, any of their members or affiliates, and any employer may at
any time file a Verified Complaint in writing with the Joint Conference. Board alleging a
violation of a decision or award previously made. The Board shall thereupon set a
hearing, to be, held within three days of receipt of the Verified Complaint with respect to
the alleged violation, and shall notify all interested parties of the time and place thereof.
An Arbitrator selected pursuant to Article VII, Paragraph 9(o) shall conduct a hearing at
the time and place specified in its notice. All parties shall be given an opportunity to
testify and to present documentary evidence relating to the subject matter of the hearing
within forty-eight (48) hours after the conclusion thereof, the Arbitrator shall render a
written decision in the matter and shall state whether or not there has been a violation of
its prior decision or award. Copies of the decision shall be served, by certified mail or by
personal service, upon all parties hereto.
Paragraph 10 - Should the Arbitrator determine that there has been a violation of the
Board's prior decision or award, the Arbitrator shall order immediate compliance by the
offending party or parties, The Arbitrator may take one or more of the following courses
of action in order to enforce compliance with the. Board's decision:
a) The Arbitrator may assess liquidated damages not to exceed $5,000 for each
violation by individual members of, or employees represented by the parties
hereto, and may assess liquidated damages not to exceed $10,000 for each
violation by either party hereto, or any of its officers or representatives, If a fine is
rendered by the Arbitrator, it should be commensurate with the seriousness of the
violation having a relationship to lost hours for the Unions and lost efficiency for
the employer. Each of the parties hereto hereby agrees for itself, and its members,
to pay to the other party within thirty days any sum, or sums, so assessed because
of violations of a decision or award by itself, its officers, or representatives, or its
member or members. Should either party to this agreement, or any of its
members fall to pay the amount so assessed within thirty days of its assessment,
the party or member so failing to pay shall be deprived of all the benefits of this
agreement until such time as the matter is adjusted to the satisfaction of the
Arbitrator.
10
E- :CC :4 6]
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
bocusign'Envelope 10: 5D09C849.699&-4E3s-8A30-1 E642D256425
b) It may order cessation of all work by the employers and the employees on the job
or project involved.
Paragraph 11 - All Notices under this Agreement shall be in writing and sent by the
Administrator of the Joint Conference Board via facsimile or email. For all notifications
to affiliates of the Chicago & Cook County Building and Construction Trades Council,
the Administrator may rely up the facsimile numbers, addresses and email addresses in
the current directory of the Council. For notifications to all contractors and
subcontractors, the Administrator may rely on corporate information on the Illinois
Secretary of State website or other appropriate databases. Original Notices of all Joint
Conference Board decisions will be sent to each of the parties involved via certified mail.
The notice provisions shall not include Saturday, Sunday or legal holidays.
Paragraph 12 - The following days shall be recognized as legal holidays: New Years
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day.
Paragraph 13 - The Board shall have no authority to undertake any action to enforce its
decision after a hearing beyond informing the affected parties of its decision. Rather, it
shall be the responsibility of the prevailing party to seek appropriate enforcement of a
decision, including findings, orders or awards of the Board determining non-compliance
with a prior award or decision. The prevailing party in any enforcement proceeding shall
be entitled to recover its costs and attorneys foes from the non -prevailing party. In the
event the Board is made a party to, or is otherwise required to participate in any such
enforcement proceeding for whatever reason, the non -prevailing party shall bear all costs,
attorneys fees, and any other expenses incurred by the Board in those proceedings.
Paragraph 14 - In establishing the jurisdiction of the Joint Conference Board over all
parties to the dispute, the primary responsibility for the judicial determination of the
arbitrability of a dispute and the jurisdiction of the Joint Conference Board shall be borne
by the party requesting the Board to hear the underlying jurisdictional dispute, Ifall of
the parties to the dispute do not attend the arbitration hearing or otherwise agree in
writing that
t the parties are stipulated to the Joint Conference Board and Standard
Agreement, the affected party or parties may proceed at the Joint Conference Board even
in the absence of one or more parties to the dispute. In such instances, the issue, of
jurisdiction is an additional item that must be determined in the first instance by the
Arbitrator who shall set forth basis of his determination in his decision, The Joint
Conference Board may participate in any proceedings seeking a declaration or
determination that the underlying dispute is subject to the jurisdiction and process of the
Joint Conference Board. In any such proceedings, the non -prevailing party and/or the
party challenging the jurisdiction of the Joint Conference Board shall bear all the costs,
expenses and attorneys fees incurred by the Board in establishing its jurisdiction. The
provision of Paragraph 13 regarding obtaining attorney fees shall apply.
11
EMPLA-CC-47
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign cnvejope 1(]: 5DI)X849-Q998-4M-SA34-1r=842D256425
Paragraph 15 - It is agreed by the parties hereto�that this agreement shall remain In full
farce and effect until June 1, 2020 unless otherwise amended by agreenwrit of parties.
IN W TTNESS WHEREOF, the parties have caused this document to be executed
at Chicago, Illinois this 28th day of May, 2015,
CONSTRUCTION EMPLOYERS'
ASSOCIATION
BY Charles M. Ushor
MALA -CC -4$
12
CHICAGO & COOK COUNTY
BUILDING & CONSTRUCTION
TRADES COUNCIL
aoeo9l�wd 8v:
BY Thomas Villanova
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Contract No.
CERTIFICATE OF COMPLIANCE
WITH MULTI -PROJECT LABOR AGREEMENT (MPLA)
I (name of Company) hereby acknowledge that I have read the Metropolitan Water
Reclamation District of Greater Chicago's 2017 Multi Project Labor Agreement (MPLA). I certify that my company and all
subcontractors are in compliance with the MPLA in that my company and all subcontractors agree to be bound by and
operate under a current collective bargaining agreement with a union or labor organization affiliate with the AFL-CIO
Building Trades Department and the Chicago and Cook County Building and Construction Trades Council , ortheir affiliates
which have jurisdiction over the work to be performed pursuant to this Contract, (hereinafter referred to as a
"participating trade group") for all applicable work.
My company is currently a signatory with the following trade groups:
(e.g. Operating Engineers 150)
If bidder is not currently signatory with a participating union or labor organization, complete one of the following:
The work to be performed by my company will occur at the company's facility and is exempt from the application
of the MPLA. All other work for which the MPLA is applicable will be performed by signatories to the following
participating trade groups:
(Identify all such participating unions or labor organizations. Attach a separate sheet if necessary).
I commit to comply with the MPLA by entering into a collective bargaining agreement with the following
participating trade group(s):
(Identify all such participating unions or labor organizations. Attach a separate sheet if necessary).
Name of Company
By:
Signature of Authorized Officer
Attest:
Secretary
Dated
Revised: October 2019
MPLA-CC-49
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 4
AFFIRMATIVE ACTION ORDINANCE, REVISED APPENDIX D
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
C.1MEXTHEYf1►f7�Tf11 Y [l ►C� ► #T
1 VO O U T
t fu.
AS REVISED
May 21, 2020
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
111-0 It"
\1O
I1 I I r4KV 071
Section 1. Declaration of Policy
Whereas, it is the policy of the Metropolitan Water Reclamation District of Greater
Chicago (the "District") to ensure competitive business opportunities for small, minority- and
women -owned business enterprises in the award and performance of District contracts, to
prohibit discrimination on the basis of race, sex, gender, color, racial group or perceived racial
group, disability, age, religion, national origin or ethnicity, sexual orientation, veteran or military
discharge status, association with anyone with these characteristics, or any other legally
protected characteristic in the award of or participation in District contracts, and to abolish
barriers to full participation in District contracts by all person, regardless of race, ethnicity or
sex;
Whereas, the District pursuant to its authority under 70 ILCS 2605/11.3, is committed to
establishing procedures to implement this policy as well as state and federal regulations to assure
the utilization of minority-owned, women -owned and small business enterprises in a manner
consistent with constitutional requirements;
Whereas, the District is committed to equal opportunity for minority -,women -owned and
small businesses to participate in the award and performance of District contracts;
Whereas, the Supreme Court of the United States in City of Richmond v. J.A. Croson Co.,
488 U.S. 469 (1989), has enunciated certain standards that are necessary to maintain effective
contracting affirmative action programs in compliance with constitutional requirements;
Whereas, the District is committed to implementing its affirmative action program in
conformance with the United States Supreme Court's decision in Croson and its progeny;
Whereas, in furtherance of this commitment, the Board of Commissioners directed the
District staff and its outside consultants in 1990 to conduct an investigation into the scope of any
discrimination in the award of and participation in District construction contracts as well as in
the construction industry in Metropolitan Chicago, the extent to which such discrimination or the
effects thereof has denied and continues to deny minority and women's business enterprises
equal opportunity to participate in District contracts and to recommend the appropriate
affirmative action steps to be taken to eliminate any such discrimination and its continuing
effects.
Whereas, on June 21, 2001, the District adopted its Revised Appendix D, Notice of
Requirements for Affirmative Action Program to Ensure Minority, Small and Women's Business
Participation ("Appendix D"); and
Whereas, in 2006 the Board of Commissioners undertook a review of Appendix D, the
District's contracting policy and operation under Appendix D and an investigation into the
existence of continued discrimination against minority and women -owned businesses in the
MN
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Metropolitan Chicago construction industry to evaluate the continued need for Appendix D and
any necessary revisions thereto;
Whereas, the Board of Commissioners undertaken a review in 2012 of Appendix D, the
District's contracting policy and operation under Appendix D and an investigation into the
existence of continued discrimination against minority and women -owned businesses in the
Metropolitan Chicago construction industry to evaluate the continued need for Appendix D and
any necessary revisions thereto.;
Whereas, the Board of Commissioners undertook a new review in 2014 of Appendix D,
the District's contracting policy and operation under Appendix D and an investigation into the
existence of continued discrimination against minority- and women -owned businesses in the
District's geographic and procurement market areas to evaluate the continued need for Appendix
D and any necessary revisions thereto.
Section 2. Findings
The Board of Commissioners, having reviewed the 2015 report of its outside consultant
finds:
1. In 2003, the U.S. District Court in Builders Association of Greater Chicago v.
City of Chicago, 298 F. Supp.2d 725 (N.D. IIl. 2003) held that the evidence introduced at trial
demonstrated that past and current discriminatory practices continue to place MBE and WBE
firms at a competitive disadvantage in the award of governmental contracts and such practices
have and continue to impede the growth and success of MBEs and WBEs.
2. In 2004, a study of the Metropolitan Chicago Construction Industry by Timothy
Bates, Distinguished Professor, Wayne State University, concluded that the evidence that
African-American, Hispanic and women -owned businesses have been, and continue to be
disadvantaged in the construction industry and small businesses is strong, has remained
consistent and that compelling evidence indicates that African-American, Hispanic, and women -
owned businesses face barriers in the Metropolitan Chicago construction industry greater than
those faced by white males.
3. A November, 2005 study of the Metropolitan Chicago construction industry by
David Blanchflower, Professor of Economics at Dartmouth College, has determined that
discrimination against Asian -owned businesses existed in the business community in areas of
business financing and construction wages and that this, together with evidence of individual
discrimination against Asian -owned construction companies, leads to the conclusion that
discrimination against Asian owned businesses continues to exist in the Metropolitan Chicago
construction industry.
4. In 2005, the U.S. District Court held in Northern Contracting, Inc. v. Illinois
Department of Transportation, 2005 U.S. Dist. LEXIS 19868 (N.D. 111. Sept. 8, 2005) that there
is strong evidence of the effects of past and current discrimination against MBEs and WBEs in
the construction industry in the Chicago area.
5. The trial court's decision was affirmed in Northern Contracting, Inc. v. Illinois
Department of Transportation, 473 F.3d 715 (71h Cir. 2007).
6. In 2006, Cook County, Illinois accepted a report it had commissioned titled,
"Review of Compelling Evidence of Discrimination Against Minority -and Women -Owned
D -3
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Business Enterprise in the Chicago Area Construction Industry and Recommendations for
Narrowly Tailored Remedies for Cook County, Illinois" (Cook County 2006 Report), which
concluded that there is extensive evidence of discrimination against MBEs and WBEs in the
Chicago area construction marketplace, and the participation of MBEs and WBEs in the
County's construction prime contracts and subcontracts is below the availability of such firms.
7. In 2006, the Illinois State Toll Highway Authority commissioned a study for the
availability of Disadvantaged Business Enterprises ("DBEs") in its geographic and procurement
markets, to ensure that its DBE program was narrowly tailored as required by constitutional
standard, which found 19.56% DBE availability in construction, 19.36% DBE availability in
construction -related professional services, and that DBE utilization had steadily increased from
2.40% in 2004 to 24.72% in 2010.
8. Cook County commissioned a new report, entitled "The Status of Minority and
Women -Owned Business Enterprises Relevant to Construction Activity In and Around Cook
County, Illinois" (Cook County 2010 Study), which found that MBEs and WBEs were not
utilized in all aspects in proportion to their availability.
9. In 2010 the U.S. Department of Justice produced a report to Congress, entitled
"Compelling Interest for Race- and Gender -Conscious Federal Contracting Programs: An Update
to the May 23, 1996 Review of Barriers to Minority- and Women -Owned Businesses," that
updated the original basis for the U.S. Department of Transportation's DBE program and
concluded that discriminatory barriers continue to impede the ability of MBEs and WBEs to
compete with other firms on a fair and equal footing in government contracting markets,
including in the construction industry.
10. In 2012, the District commissioned a report on barriers to construction
opportunities in the Chicago area market and recommendations for District efforts to reduce such
barriers, which found continuing disparities in the Chicago area construction market.
11. In 2014, The District commissioned a report on barriers to equal opportunities in
the District's geographic and industry market areas and recommendations for District efforts to
reduce such barriers, which found continuing disparities in the District's market areas.
12. In 2015, the trial court in Midwest Fence, Corp. v. U.S. Department of
Transportation et al, 2015 WL 139676 (N.D. 111. March 24, 2015(, Hel that discrimination
continues to impede full and fair opportunities for disadvantaged business enterprise in the
Illinois construction industry.
13. The District has determined that it has a continuing compelling interest in
preventing public funds in contracts from perpetuating the effects of past discrimination and
current discrimination against minority- and women -owned firms in its market.
14. The Affirmative Action Program adopted by the District and amended April 2,
2009 is hereby modified to further continue to ameliorate the effects of racial and gender
discrimination in the marketplace.
15. The remedies adopted herein by the District will not overly burden non -MBE and
non-WBE firms in the award of District Contracts.
16. The Commissioners shall periodically review minority-owned and women -owned
participation in contracts awarded by the District to ensure that the District continues to have a
D -4
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
compelling interest in remedying discrimination against minority and women -owned firms in the
award of District contracts and that the measures adopted herein remain narrowly tailored to
accomplish that objective.
Now, therefore, the District Board of Commissioners hereby adopts this revised
Appendix D:
Section 3. Purpose and Intent
The purpose and intent of this Ordinance is to mitigate the present effects of
discrimination on the basis of race, ethnicity or sex in opportunities to participate on the
District's prime contracts and associated subcontracts and to achieve equitable utilization of
minority-owned, women -owned and small business enterprises in District contracts.
Section 4. Coverage
The following provisions, to be known as "Appendix D" together with relevant forms,
shall apply and be appended to every construction contract awarded by the District where the
estimated total expenditure is in excess of $100,000.00, except contracts let in the event of an
emergency pursuant to 70 ILCS 2605/11.5.
Section 5. Definitions
The meaning of these terms in this Ordinance are as follows:
(a) "Administrator" means the District's Affirmative Action Program Administrator.
(b) "Affiliate" of a person or entity means a person or entity that directly or indirectly
through one or more intermediaries, controls or is controlled by, or is under common control
with, the person or entity. In determining Affiliation, the District shall consider all appropriate
factors, including common ownership, common management, and contractual relationships.
(c) "Annual Participation Goals" mean the targeted levels established by the District for
the annual aggregate participation of MBEs and WBEs in District construction contracts
(d) "Bidder" means an individual, a business enterprise, including a sole proprietorship, a
partnership, a corporation, a not for profit corporation, a limited liability company or any other
entity which has submitted a bid on a District contract.
(e) "Books and Records" include, but are not limited to, payroll records, bank statements,
bank reconciliations, accounts payable documents, account receivable documents, ledgers, all
financial software, and all employer business tax returns.
(f) "Contract Specific Goals" means the Goals established for a particular project or
contract based upon the availability of MBEs or WBEs in the scope(s) of work of the Project.
(g) "Construction contract" means any District contract or amendment thereto, providing
for a total expenditure in excess of One Hundred Thousand Dollars ($100,000.00) for the
construction, demolition, replacement, major repair or renovation and maintenance of real
property and improvement thereon or sludge hauling and any other related contract which the
District deems appropriate to be subject to Appendix D consistent with the Ordinance.
D -5
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(h) "Commercially Useful Function" means responsibility for the execution of a distinct
element of the work of the contract, which is carried out by actually performing, managing, and
supervising the work involved, or fulfilling responsibilities.
(i) "Contract Goals" means the numerical percentage goals for MBE, WBE or SBE
participation to be applied to an eligible District construction contract subject to Appendix D for
the participation of MBEs, WBEs and SBEs, based upon the scopes of work of the contract, the
availability of MBEs, WBEs and SBEs to meet the goals, and the District's progress towards
meeting its Annual MBE, WBE and SBE goals.
0) "Director" means the District's Director of Procurement and Materials Management,
formerly known as the Purchasing Agent.
(k) "Economically Disadvantaged" means an individual with a Personal Net Worth less
than $2,000,000.00, indexed annually for the Chicago Metro Area Consumer Price Index,
published by the U.S. Department of Labor, Bureau of Labor Standards, beginning January 2008.
(1) "Executive Director" means the chief administrative officer of the District, formerly
known as the General Superintendent.
(m) "Expertise" means demonstrated skills, knowledge or ability to perform in the field
of endeavor in which certification is sought by the firm as defined by normal industry practices,
including licensure where required.
(n) "Good Faith Efforts" means those honest, fair and commercially reasonable actions
undertaken by a contractor to meet the MBE or WBE goal, which by their scope, intensity, and
appropriateness to the objective, can reasonably be expected to fulfill the Program's goals.
(o) "Hearing Officer" is an attorney licensed to practice in the State of Illinois, appointed
by the Board of Commissioners, to conduct hearings as provided in this Ordinance regarding a
contractor's compliance or non-compliance with this Ordinance.
(p) "Joint Venture" means an association of two or more persons, or any combination of
types of business enterprises and persons numbering two or more, proposing to perform a single
for profit business enterprise, in which each Joint Venture partner contributes property, capital,
efforts, skill and knowledge, and in which the certified firm is responsible for a distinct, clearly
defined portion of the work of the contract and whose share in the capital contribution, control,
management, risks, and profits of the Joint Venture are equal to its ownership interest. Joint
Ventures must have an agreement in writing specifying the terms and conditions of the
relationships between the partners and their relationship and responsibility to the contract.
(q) "Job Order Contract" or "JOC" means a firm, fixed price, indefinite quantity contract
designed to complete a large number of construction projects quickly.
(r) "Local business" means a business located within the counties of Cook, DuPage, Kane
Lake, McHenry or Will in the State of Illinois or Lake County in the State of Indiana which has
the majority of its regular full-time work force located in this region or a business which has
been placed on the District's vendor list or has bid on or sought District construction work.
(s) "Minority-owned business enterprise" or "MBE" means a Local Small business entity,
including a sole proprietorship, partnership, corporation, limited liability company, Joint Venture
or any other business or professional entity, which is at least fifty-one percent (51 %) owned by
one or more members of one or more minority groups, or, in the case of a publicly held
D -6
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more
members of one or more minority groups, and whose management, policies, major decisions and
daily business operations are controlled by one or more Minority Individuals.
(t) "Minority Individual" means a natural person who is a citizen of the United States or
lawful permanent resident of the United States and one of the following:
(i) African-American - A person having origins in any of the Black racial groups
of Africa and is regarded as such by the African American Community of which the person
claims to be a part.
(ii) Hispanic -American - A person having origins from Mexico, Puerto Rico,
Cuba and South or Central America and is regarded as such by the Hispanic community of which
the person claims to be a part, regardless of race.
(iii) Asian -American — A person having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands or the Northern
Marianas, and is regarded as such by the Asian American community of which the person claims
to be a part.
(iv) Native -American — A person having origins in any of the original peoples of
North America and who is recognized through tribal certification as a Native American by either
a tribe or a tribal organization recognized by the Government of the United States of America.
(v) Individual members of other groups whose participation is required under
state or federal regulations or by court order.
(vi) Individual members of other groups found by the District to be Socially
Disadvantaged by having suffered racial or ethnic prejudice or cultural bias within American
society, without regard to individual qualities, resulting in decreased opportunities to compete in
the District's marketplace or to do business with the District.
(u) "Personal Net Worth" means the net value of the assets of an individual after total
liabilities are deducted. An individual's personal net worth does not include the individual's
ownership interest in an applicant or other certified MBE or WBE, provided that the other firm is
certified by a governmental agency that meets the District's eligibility criteria or the individual's
equity in his or her primary place or residence. As to assets held jointly with his or her spouse or
recognized civil partner, an individual's personal net worth includes only that individual's share
of such assets. An individual's net worth also includes the present value of the individual's
interest in any vested pension plans, individual retirement accounts, or other retirement savings
or investment programs less the tax and interest penalties that would be imposed if the asset were
distributed at the present time.
(v) "Prime Contractor" means a Contractor that is awarded a District contract and is at
risk for the completion of an entire District project, including purchasing all materials, hiring and
paying subcontractors, and coordinating all the work.
(w) "Small Business Enterprise" or "SBE" means a small business as defined by the U.S.
Small Business Administration (SBA), pursuant to the business size standards found in 13 CFR
Part 121, relevant to the scope(s) of work the firm seeks to perform on District contracts, except
that the size standard for specialty trade construction firms shall be 150 percent of the SBA size
standard. A firm is not an eligible SBE in any calendar fiscal year in which its gross receipts,
averaged over the firm's previous five fiscal years, exceed the size standards of 13 CFR Part 121.
iI�►A
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(x) "Socially Disadvantaged" means a Minority Individual or Woman who has been
subjected to racial, ethnic or gender prejudice or cultural bias within American society because
of his or her identity as a member of a group and without regard to individual qualities. Social
disadvantage must stem from circumstances beyond the individual's, control. A Socially
Disadvantaged individual must be a citizen or lawfully admitted permanent resident of the
United States.
(y) "Subcontractor" means a party that enters into a subcontract agreement with a District
Prime Contractor to perform work or provide materials on a District project.
(z) "Tier" refers to the relationship of a subcontractor to the prime contractor. A
subcontractor having a contract with the prime contractor, including a material supplier to the
prime contractor, is considered a "first-tier subcontractor," while a subcontractor's subcontractor
is a "second-tier subcontractor" and the subcontractor's material supplier is a "third -tier
subcontractor." The subcontractor is subject to the same duties, obligations and sanctions as the
contractor under this Ordinance.
(aa) "Utilization Plan" means the plan, in the form specified by the District, which must
be submitted by a Bidder listing the MBEs, WBEs and SBE that the Bidder intends to use in the
performance of a contract, the scopes of the work and the dollar values or the percentages of the
work to be performed.
(bb) "Vendor list" means the District's list of firms that are certified as minority-owned
or women -owned by the City of Chicago, the County of Cook, the State of Illinois, the Women's
Business Development Center, or the Chicago Minority Business Development Council, or as a
Disadvantaged Business Enterprise by the Illinois Unified Certification Program, or as a Small
Disadvantaged Business by the U.S. Small Business Administration.
(cc) "Women -owned business enterprise" or "WBE" means a Local and Small business
business entity which is at least fifty-one percent (51 %) owned by one or more women, or, in the
case of a publicly held corporation, fifty-one percent (51%) of the stock of which is owned by
one or more women, and whose management and daily business operations are controlled by one
or more women. Determination of whether a business is at least fifty-one percent (51 %) owned
by a woman or women shall be made without regard to community property laws.
Section 6. Non -Discrimination and Affirmative Action Clause
As a precondition to selection, a Contractor must include in its bid proposal for a covered
contract the following commitments:
During the performance of this contract, the Contractor agrees:
(a) It shall not discriminate on the basis of race, sex, gender, color, racial group or
perceived racial group, disability, age, religion, national origin or ethnicity, sexual orientation,
veteran or military discharge status, association with anyone with these characteristics, or any
other legally protected characteristic in the solicitation for or purchase of goods in the
performance of this contract.
(b) It shall actively solicit bids for the purchase or subcontracting of goods or services
from qualified MBEs, WBEs and SBEs.
(c) It shall undertake Good Faith Efforts in accordance with the criteria established in this
Ordinance, to ensure that qualified MBEs, WBE, and SBEs are utilized in the performance of
D-8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
this contract and share in the total dollar value of the contract in accordance with each of the
applicable utilization goals established by the District for the participation of qualified MBEs,
WBEs and SBEs.
(d) It shall require its subcontractors to make similar good faith efforts to utilize qualified
MBEs, WBEs and SBEs.
(e) It shall maintain records and furnish the District all information and reports required
by the District for monitoring its compliance with this Ordinance.
(f) It shall designate a person to act as an Affirmative Action Coordinator to facilitate the
review of all concerns related to the participation MBEs, WBEs and SBEs.
Section 7. ace- and Gender- Neutral Measures to Ensure Equal Opportunities for All
Contractors and Subcontractors
The District shall develop and use measures to facilitate the participation of all firms in
District construction contracting activities. These measures shall include, but are not limited to:
(a) Unbundling contracts to facilitate the participation of MBEs, WBEs and SBEs as
Prime Contractors.
(b) Arranging solicitation times for the presentations of bids, specifications, and delivery
schedules to facilitate the participation of interested contractors and subcontractors.
(c) Providing timely information on contracting procedures, bid preparation and specific
contracting opportunities, including through an electronic system and social media.
(d) Assisting MBEs, WBEs and SBEs with training seminars on the technical aspects of
preparing a bid for a District contract.
(e) Providing assistance to businesses in overcoming barriers such as difficulty in
obtaining bonding and financing, and support for business development such as accounting, bid
estimation, safety requirements, quality control.
(f) Prohibiting Prime Contractors from requiring bonding for subcontractors, where
appropriate.
(g) Holding pre-bid conferences, where appropriate, to explain the contract and to
encourage Bidders to use all available firms as subcontractors.
(h) Adopting prompt payment procedures, including, requiring by contract that Prime
Contractors promptly pay subcontractors and investigating complaints or charges of excessive
delay in payments.
(i) Developing Linked Deposit and other financing and bonding assistance programs to
assist small firms.
0) Reviewing retainage, bonding and insurance requirements and their application to bid
calculations to eliminate unnecessary barriers to contracting with the District.
(k) Collecting information from Prime Contractors on District construction contracts
detailing the bids received from all subcontractors for District contracts and the expenditures to
subcontractors utilized by Prime Contractors on District construction contracts.
(1) Limiting the self -performance of prime contractors, where appropriate.
(m) To the extent practicable, developing future policies to award contracts to SBEs.
(n) Maintaining information on all firms bidding on District prime contracts and
subcontracts.
(o) At the discretion of the Board of Commissioners, awarding a representative sample of
District contracts without goals, to determine MBE, WBE and SBE utilization in the absence of
goals.
D -9
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(p) Referring complaints of discrimination against MBEs, WBEs or SBEs to the
appropriate authority for investigation and resolution.
Section 8. Certification Eligibility
(a) Only businesses that meet the criteria for certification as a MBE, WBE or SBE may
be eligible for credit towards meeting Utilization Contract Goals. The applicant has the burden of
production and persuasion by a preponderance of the evidence at all stages of the certification
process.
(b) Only a firm owned by a Socially and Economically Disadvantaged person(s) may be
certified as a MBE or WBE.
(i) The firm's ownership by a Socially and Economically Disadvantaged person(s)
must be real, substantial, and continuing, going beyond pro forma ownership of the firm as
reflected in ownership documents. The owner(s) must enjoy the customary incidents of
ownership and share in the risks and profits commensurate with that ownership interest.
(ii) The contributions of capital or Expertise by the Socially and Economically
Disadvantaged owner(s) to acquire the ownership interest must be real and substantial. If
Expertise is relied upon as part of a Socially and Economically Disadvantaged owner's
contribution to acquire ownership, the Expertise must be of the requisite quality generally
recognized in a specialized field, in areas critical to the firm's operations, indispensable to the
firm's potential success, specific to the type of work the firm performs and documented in the
firm's records. The individual whose Expertise is relied upon must have a commensurate
financial investment in the firm.
(c) Only a firm that is managed and controlled by a Socially and Economically
Disadvantaged person(s) may be certified as a MBE or WBE.
(i) A firm must not be subject to any formal or informal restrictions that limit the
customary discretion of the Socially and Economically Disadvantaged owner(s). There can be no
restrictions through corporate charter provisions, by-law provisions, contracts or any other
formal or informal devices that prevent the Socially and Economically Disadvantaged owner(s),
without the cooperation or vote of any non -Socially and Economically Disadvantaged person,
from making any business decision of the firm, including the making of obligations or the
dispersing of funds.
(ii) The Socially and Economically Disadvantaged owner(s) must possess the
power to direct or cause the direction of the management and policies of the firm and to make
day-to-day as well as long term decisions on management, policy, operations and work.
(iii) The Socially and Economically Disadvantaged owner(s) may delegate
various areas of the management or daily operations of the firm to persons who are not Socially
and Economically Disadvantaged. Such delegations of authority must be revocable, and the
Socially and Economically Disadvantaged owner(s) must retain the power to hire and fire any
such person. The Socially and Economically Disadvantaged owner(s) must actually exercise
control over the firm's operations, work, management and policy.
(iv) The Socially and Economically Disadvantaged owner(s) must have an overall
understanding of, and managerial and technical competence, experience and Expertise, directly
related to the firm's operations and work. The Socially and Economically Disadvantaged
owner(s) must have the ability to intelligently and critically evaluate information presented by
other participants in the firm's activities and to make independent decisions concerning the firm's
daily operations, work, management, and policymaking.
O
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(v) If federal, state and/or local laws, regulations or statutes require the owner(s)
to have a particular license or other credential to own and/or control a certain type of firm, then
the Socially and Economically Disadvantaged owner(s) must possess the required license or
credential. If state law, District ordinance or other law regulations or statute does not require that
the owner posses the license or credential, that the owner(s) lacks such license or credential is a
factor, but is not dispositive, in determining whether the Socially and Economically
Disadvantaged owner(s) actually controls the firm.
(vi) A Socially and Economically Disadvantaged owner cannot engage in outside
employment or other business interests that conflict with the management of the firm or prevent
the owner from devoting sufficient time and attention to the affairs of the firm to manage and
control its day to day activities.
(d) Only an independent firm may be certified as a MBE, WBE or SBE. An independent
firm is one whose viability does not depend on its relationship with another firm. Recognition of
an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to
demonstrate that a firm is independent and non -Affiliated. In determining whether an applicant is
an independent business, the Director will:
i) Evaluate relationships with non -certified firms in such areas as personnel,
facilities, equipment, financial and/or bonding support, and other resources.
(ii) Consider whether present or recent employer/employee relationships between
the Socially and Economically Disadvantaged owner(s) of the applicant for MBE or WBE
certification or any owners of the applicant for SBE certificaiton and non -certified firms or
persons associated with non -certified firms compromise the applicant's independence.
(iii) Examine the applicant's relationships with non -certified firms to determine
whether a pattern of exclusive or primary dealings with non -certified firm compromises the
applicant's independence.
(iv) Consider the consistency of relationships between the applicant and non -
certified firms with normal industry practice.
(e) An applicant shall be certified only for specific types of work in which the Socially
and Economically Disadvantaged owner(s) for MBEs and WBEs or the majority owner for SBEs
has the ability and Expertise to manage and control the firm's operations and work.
(f) The District shall certify the eligibility of Joint Ventures involving MBEs, WBEs or
SBEs and non -certified firms.
(g) The certification status of all MBEs, WBEs and SBEs shall be reviewed periodically
by the Administrator. Failure of the firm to seek recertification by filing the necessary
documentation with the Administrator as provided by rule may result in decertification.
(h) It is the responsibility of the certified firm to notify the Administrator of any change
in its circumstances affecting its continued eligibility. Failure to do so may result in the firm's
decertification.
(i) The Administrator shall decertify a firm that does not continuously meet the eligibility
criteria.
0) Decertification by another agency shall create a prima facie case for decertification by
the District. The challenged firm shall have the burden of proving by a preponderance of the
evidence that its District certification should be maintained.
(k) A firm that has been denied certification or recertification or has been decertified may
protest the denial or decertification by filing a written appeal with the Executive Director within
10 calendar days of receipt of the denial of District certification, recertification or decertification.
The appeal should set forth in detail the facts upon which it is based, and attach all relevant
D-11
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
documentations. The Executive Director shall render a decision within 15 calendar days of
receipt of a timely appeal. The Executive Director's decision shall be final.
(1) A firm found to be ineligible may not apply for certification for two years after the
effective date of the final decision.
Section 9. Schedule of Goals forMinority- and Women -Owned Business Enterprise
Utilization
In fulfillment of its policy to provide MBEs, WBEs, and SBEs full and equitable
opportunities to participate in the District's prime contracts and subcontracts, the District shall
establish annually goals for MBE, WBE and SBE participation, based on the availability of
MBEs and WBEs in the District's geographic and procurement market.
Section 10. Contract Goals.
(a) The Director, in consultation with the Administrator and the User Department, shall
establish Contract Goals for construction contracts based upon the availability of at least three
MBEs and three WBEs registered on the District's vendor list to perform the anticipated
contracting functions of the contract and the District's utilization of MBEs and WBEs to date.
(b) Where a substantial portion of the total construction contract cost is for the purchase
of equipment, the Director may designate goals for only that portion of the contract relating to
construction work and related supplies and/or modify the limitations on the credit for M/WBE
suppliers herein.
(c) The Contract Goal(s) shall be designated in the contract documents.
Section 11. Counting MBE, WBE, and SBE Participation towards Contract Goals
(a) A Bidder may achieve the Utilization Contract Goals by its status as a MBE, WBE or
SBE or by entering into a Joint Venture with one or more MBEs, WBEs and SBEs or by first-tier
subcontracting a portion of the work to one or more MBEs, WBEs and SBEs or by direct
purchase of materials or services from one or more MBEs, WBEs and SBEs or by any
combination of the above.
(b) If a firm is certified as both a MBE and a WBE, the Bidder may count the firm's
participation either toward the achievement of its MBE or WBE goal, but not both.
(c) A Bidder may count toward the achievement of its SBE goal the utilization of any
MBE or WBE that also satisfies the definition of a SBE.
(d) A Bidder may count the entire amount of that portion of a contract that is performed
by MBEs, WBEs or SBEs own forces, including the cost of supplies and materials obtained and
installed by the MBE, WBE or SBE for the work of the contract, and supplies purchased or
equipment leased by the MBE, WBE or SBE used to directly perform the work of the contract
(except supplies and equipment the MBE, WBE or SBE purchases or leases from the Prime
Contractor or the Prime Contractor's Affiliate).
(e) Where a Bidder or first-tier subcontractor engages in a Joint Venture to meet the
Contract Goal, the Administrator shall review the profits and losses, initial capital investment,
actual participation of the Joint Venture in the performance of the contract with its own forces
and for which it is separately at risk, and other pertinent factors of the joint venture, which must
D -12
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
be fully disclosed and documented in the Utilization Plan in the same manner as for other types
of participation, to determine the degree of MBE, WBE or SBE participation that will be credited
towards the Contract Goal. The Joint Venture's Utilization Plan must evidence how it will meet
the goal or document the Bidder's Good Faith Efforts to do so. The Administrator has the
authority to review all records pertaining to Joint Venture agreements before and after the award
of a contract in order to assess compliance with this Ordinance. The MBE, WBE or SBE Joint
Venture partner must have a history of proven expertise in performance of a specific area of
work and will not be approved for performing only general management of the Joint Venture.
The specific work activities for which the MBE, WBE or SBE Joint Venture partner will be
responsible and the assigned individuals must be clearly designated in the Joint Venture
Agreement. The Joint Venture must submit to the Administrator quarterly work plans, including
scheduling dates of the tasks. The Administrator must approve the quarterly plans for the MBE,
WBE or SBE Joint Venture partner's participation to be credited towards the Contract Goals.
(f) Only the participation of MBEs, WBEs or SBEs that will perform as first-tier
subcontractors will be counted towards meeting the Utilization Contract Goals.
(g) Only expenditures to a MBE, WBE or SBE that is performing a Commercially Useful
Function shall be counted towards the Utilization Contract Goal.
(i) A firm is considered to perform a commercially useful function when it is
responsible for execution of a distinct element of the work of a contract and carries out its
responsibilities by actually performing, managing, and supervising the work involved. The firm
must pay all costs associated with personnel, materials and equipment. The firm must be
formally and directly responsible for the employment, supervision and payment of its workforce
must own and /or lease equipment, and must be responsible for negotiating price, determining
quality and quantity and paying for and ordering materials used. The firm cannot share
employees with the Prime Contractor or its Affiliates. No payments for use of equipment or
materials by the firm can be made through deductions by the Prime Contractor. No family
members who own related businesses are allowed to lease, loan or provide equipment,
employees or materials to the firm.
(ii) A firm does not perform a commercially useful function if its role is limited to
that of an extra participant in a transaction through which funds are passed in order to obtain the
appearance of MBE, WBE or SBE participation. The Prime Contractor is responsible for
ensuring that the firm is performing a commercially useful function.
(iii) The District will evaluate the amount of work subcontracted, industry
practices, whether the amount the MBE, WBE or SBE is to be paid under the contract is
commensurate with the work it is actually performing and other relevant factors.
(iv) If a firm subcontracts a greater portion of the work of a contract than would
be expected based on normal industry practice, it is presumed not to perform a Commercially
Useful Function. When a firm is presumed not to be performing a Commercially Useful
Function, the firm may present evidence to rebut this presumption.
(h) Credit towards the Contract Goals will be allowed only for those direct services
performed or materials supplied by MBEs, WBEs or SBEs or first-tier subcontractor MBEs,
WBEs or SBEs must perform no less than eighty-five percent (85%) of their work with their own
forces, through the use of its own management and supervision, employees and equipment. If
D -13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
industry standards and practices differ, the firm must furnish supporting documentation for
consideration by the District.
(i) Purchase of materials and supplies must be pre -approved if their purchase is related to
goal attainment. Bidder may count payments to MBE, WBE or SBE regular dealers or
manufacturers who offer only furnish and deliver contracts for materials and supplies for no
more than twenty-five percent (25%) of each MBE, WBE or SBE goal, unless approved by the
Administrator. If the bidder exceeds the supplier exception amount allowable as stated in the bid
documents, the bid will be viewed as non-responsive.
0) A dealer is a firm that owns, operates, or maintains a store, warehouse, or other
establishment in which the materials or supplies required for performance of the contract are
bought; kept in stock, and regularly sold to the public in the usual course of business. To be a
regular dealer, the firm must engage in, as its principal business, and in its own name, the
purchase and sale of the products in question. A regular dealer in such bulk items as steel,
cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or
operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers
or regular dealers within the meaning of this section. A manufacturer is a firm that operates or
maintains a factory or establishment that produces on the premises the materials or supplies
obtained by the Bidder.
(k) If a firm ceases to be a certified during its performance on a contract, the dollar value
of work performed under a contract with that firm after it has ceased to be certified shall not be
counted.
(1) In determining achievement of Utilization Contract Goals, the participation of a MBE,
WBE or SBE shall not be counted until that amount has been paid to the MBE, WBE or SBE.
Section 12. Utilization Plan Submission
(a) Compliance documents must be submitted as provided in the solicitation. Failure to
do so will render the bid non-responsive. The Director shall review each bid submission to
determine if it meets the requirements herein.
(b) A Bidder must either meet the Utilization Contract Goals or establish its Good Faith
Efforts to do so as described in Appendix D and the solicitation.
(c) Each Bidder shall submit with its bid a completed and signed Utilization Plan that
lists the names, addresses, telephone numbers, email addresses and a description of the work
with contract item number and contact person of the businesses intended to be used as
subcontractors, subconsultants and suppliers, including those firms proposed to meet the
Contract Goal(s); the type of work or service each business will perform; and the dollar amount
to be allocated to the certified firm(s). Each Bidder's Utilization Plan shall commit to MBE,
WBE or SBE participation equal to or greater than each of the Contract Goals set forth in the
solicitation, unless the Bidder requests a partial or total waiver of the requirement that it file a
Utilization Plan or achieve a particular goal by submitting with the bid a signed Waiver Request
in the form specified in the solicitation.
(d) Each Bidder must submit with its bid a signed M/W/SBE Subcontractor's Letter of
Intent for each firm in the form specified in the solicitation, with either a copy of each MBE,
WBE or SBEs current Letter of Certification from a state or local government or agency or
documentation demonstrating that the firm is a MBE, WBE or SBE within the meaning of this
D -14
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Appendix D. In the event of a conflict between the amounts stated on the Utilization Plan and the
M/W/SBE Subcontractor's Letter of Intent, the terms stated on the Utilization Plan shall control.
An original or facsimile copy of the M/W/SBE Subcontractor's Letter of Intent will be
acceptable.
(e) Where a Bidder had failed to meet the Contract Goal(s), it must file a Waiver request
documenting its Good Faith Efforts to meet the Goal(s) as provided in the format described in
the solicitation, the Administrator shall require the contractor to file a Contractor Information
Form and provide additional documentation of its good faith efforts in attempting to fulfill such
goals.
(i) Such Good Faith Efforts, as defined herein, shall include, but are not limited
to, the following:
(i) Attend any pre-bid conference conducted by the District to acquaint
contractors with MBEs, WBEs and SBEs available to provide relevant goods and services and to
inform MBEs, WBEs and SBEs of subcontract opportunities on the contract;
(ii) Review lists of available MBEs, WBEs and SBEs maintained by the
District and other state and local governments and agencies prior to the bid opening to identify
qualified MBEs, WBEs and SBEs for solicitation for bids;
(iii) Advertise, not less than 15 calendar days before the bid opening date,
in one or more daily newspapers and/or trade publications, for proposals or bids by MBEs,
WBEs and SBEs for subcontracts or the supply of goods and services on the contract;
(iv) Make timely written solicitations of available MBEs, and WBEs and
SBEs identified on the District's vendor list that provide relevant services for subcontracts or the
supply of goods and services;
(v) Provide MBEs, WBES and SBEs with convenient and timely
opportunities to review and obtain relevant plans, specifications or terms and conditions of the
contract to enable such MBEs, WBEs and SBEs to prepare an informed response to a contractor
solicitation;
(vi) Divide total contract requirements into small tasks or quantities and
adjust performance bond and insurance requirements or otherwise assist MBEs, WBEs and
SBEs in obtaining the required bonding, insurance or financing, where economically feasible, to
encourage participation of MBEs, WBEs and SBEs;
(vii) Follow up initial solicitation of MBEs, WBEs and SBEs by
contacting them to determine if the enterprises are interested in making bids or proposals;
(viii) Negotiate in good faith with MBEs, WBEs and SBEs prior to the bid
opening and do not reject as unsatisfactory any bids or proposals submitted by M/WBEs without
justifiable reason, including the lack of bonding capacity or the ability to obtain insurance
requirements such as Completed Builders Risk (All Risk) Insurance, Comprehensive General
Liability Insurance, Contractor Contractual Liability Insurance and Public Liability Insurance;
(ix) Establish delivery schedules, where the requirements of the work
permit, which will encourage participation by MBEs, WBEs and SBEs;
(x) Establish joint ventures with MBEs, WBEs and SBEs;
D-15
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(xi) Use the services and assistance of the District, the Small Business
Administration, the Office of Minority Business Enterprises of the U.S. Department of
Commerce and appropriate community and minority and women's business organizations;
(ii) Failure of a Bidder to provide requested information to the Administrator or to
cooperate with the Administrator's investigation, may be grounds for the rejection of a bid and/or
a Waiver request.
(iii) Upon completion of the investigation, the Administrator shall inform the
Director of his or her findings.
(iv) The Director, after consultation with the Administrator, shall determine
whether to grant the Waiver request based on the Bidder's Good Faith Efforts at the time of bid
submission.
(v) Where the Director determines that a Bidder has not made Good Faith Efforts,
the Director shall declare the bid submission non-responsive and will reject the bid.
(d) A contractor's submission of a. Utilization Plan that commits to a M/WBE
participation equal to or greater than the applicable utilization goals shall not provide a basis for
a higher bid, an increase in contract price or a later change order.
(e) The requirement to submit a Utilization Plan and M/WBE Subcontractor's Letters of
Intent applies when the individual project is awarded under Job Order Contracts awarded by the
District.
(i) A Prime Contractor issued a Job Order Contract shall submit with each work
order issued under such a Contract its Utilization Plan that lists the name, address, telephone
number, email address and contact person for each M/W/SBE to be used on the work order, as
well as a description of work to be performed and a dollar amount to be allocated to such
M/W/SBE. The Prime Contractor shall submit with each work order a M/W/SBE
Subcontractor's Letter of Intent from each certified firm.
(ii) A Prime Contractor awarded a Job Order Contract shall be subject to the
compliance monitoring provisions herein. The Prime Contractor must submit to the
Administrator monthly documentation, as specified by the Administrator, demonstrating that the
Contractor has attained the Contract Goals for the completed portion of the Job Order Contract,
or that it has been unable to do so despite its good faith efforts. Good Faith efforts must be
documented as provided in this Ordinance
Section 13, Compliance Review
(a) The Director shall declare the bid submission non-responsive if a Bidder:
(i) Failed to submit with its bid a completed and signed Utilization Plan;
(ii) Failed to commit in its Utilization Plan to MBE, WBE and SBE participation
equal to or greater than each of the Utilization Contract Goals unless the Bidder submitted with
its bid a request for a total or partial waiver of the Goal(s).
(iii) Failed to identify in its Utilization Plan the MBE, WBE or SBE by name,
scope of work, contract item number, and dollar value of work or percentage of participation
equal to or greater than each of the Contract Goal(s).
D-16
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(iv) Failed to submit with its bid the M/W/SBE Subcontractor's Letter of Intent
from each MBE, WBE and SBE listed on its Utilization Plan.
(b) Where, after consultation with the Administrator, the Director determines that
Utilization Plan submitted by a Bidder is false or fraudulent, the bid shall be rejected or, if the
determination is made after the bid award, the contract may be forfeited in accordance with the
provision of Article 28 of the General Conditions.
(c) If a Mentor -Protege relationship is proposed to meet the Contract Goal, the Mentor -
Protege Development Plan must be submitted to the Administrator for approval prior to contract
award Mentor -Protege relationship" describes an association between large business prime
contractor firms and socially disadvantaged firms designed to motivate, encourage and to
provide mutually beneficial developmental assistance to those socially disadvantaged firms.
(d) Prior to the award of any contract, the Administrator shall review the Utilization Plan,
M/W/SBE Subcontractor's Letter(s) of Intent and Letter(s) of Certification, and Contractor
Information and Waiver Request Forms as specified in the solicitation, submitted by the apparent
low bidder on a contract and conduct any other investigation the Administrator deems
appropriate to determine compliance.
(e) Within 30 calendar days after demand, the Prime Contractor shall furnish executed
copies of all MBE, WBE and SBE subcontracts to the Administrator. Subsequently, the
contractor shall obtain and submit a copy of all MBE, WBE and SBE subtier contracts on
demand.
(f) The Prime Contractor shall set timetables for use of its subcontractors before fifty
percent (50%) of the work is completed.
(g) If requested by the Administrator, the Prime Contractor must submit a MBE, WBE
and SBE Work Plan projecting the work tasks associated with certified firms' commitments prior
to the award of the contract. The Work Plan must provide a description of the work to be
subcontracted to other MBEs, WBEs and SBEs and non -certified firms and the dollar amount
and the name of the all tiers of subcontractors. The Work Plan becomes part of the Prime
Contractor's contractual commitment and the contract record, and may not be changed without
prior approval of the Administrator.
Section 14. Contract Performance Compliance
(a) After the award of a contract, the Administrator shall review the Prime Contractor's
compliance with its M/W/SBE commitments during the performance of the contract.
(b) The Prime Contractor shall be required to submit the Affirmative Action Monthly
MBE/WBE/SBE Status Report providing the information and in the format as specified by the
District with every payment request. The Contractor's failure to do so may result in a delay of the
progress payment.
(c) Evidence of MBE, WBE and SBE subcontractor participation and payments must be
submitted as required by the District to confirm subcontractors' participation and payment.
(d) District contract compliance officers and auditors, or their designees, shall have
access to the contractor's and subcontractor's books and records, including certified payroll
D-17
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
records, bank statements, employer business tax returns and all records including all computer
records and books of account to determine the contractor and MBE, WBE and SBE
subcontractor compliance with the goal commitment. Audits may be conducted at any time and
without notice in the total discretion of the District. A Prime Contractor must provide the
Administrator any additional compliance documentation within 14 calendar days of such request.
Audits may be conducted without notice at any time at the discretion of the District.
(e) If District personnel observe that any purported MBE, WBE and SBE subcontractor
other than those listed on the Utilization Plan are performing work or providing materials and/or
equipment for those M/WBE subcontractors listed on the Utilization Plan, the Prime Contractor
will be notified in writing of an apparent violation is taking place and progress payments may be
withheld. The contractor will have the opportunity to meet with the Affirmative Action
Administrator prior to a finding of noncompliance.
(f) Where a partial or total Waiver of the Contract Goal(s) has been granted, the Prime
Contractor must continue to make Good Faith Efforts during the performance of the contract to
meet the Goal(s), and the Administrator shall provide technical assistance with respect to such
efforts. The Administrator shall require the Prime Contractor to provide documentation of its
continuing Good Faith Efforts in attempting to fulfill its commitments.
(g) The Prime Contractor cannot make any changes to the approved Utilization Plan or
substitutions of the MBE(s), WBE(s) or SBE(s) listed in the Utilization Plan throughout the life
of the contract without the prior, written approval of the Administrator. This includes, but is not
limited to, instances in which the Prime Contractor seeks to perform work originally designated
for a MBE, WBE or SBE subcontractor with its own forces or those of an affiliate, a non -
certified firm or another MBE, WBE or SBE. Failure to obtain the prior, written approval of the
Administrator in the format specified by the District shall constitute a breach of the contract, and
subject the Prime Contractor to any and all available sanctions. The participation of certified
firms that did not receive prior, written approval by the Administrator will not be counted
towards the Contract Goal(s).
(i) The Prime Contractor must demonstrate good cause to terminate or reduce the
scope of work of the MBE, WBE or SBE to the satisfaction of the Administrator. Good cause is
limited to the following circumstances:
(1) The listed MBE, WBE, or SBE subcontractor fails or refuses to
execute a written contract.
(2) The listed MBE, WBE or SBE subcontractor becomes bankrupt,
insolvent or exhibits credit unworthiness.
(3) The listed MBE, WBE or SBE is ineligible to work on public works
projects because of suspension and debarment proceedings pursuant to federal or state or local
law.
(4) The Administrator has determined that the listed MBE, WBE or SBE
subcontractor is not a responsible contractor.
(5) The listed MBE, WBE or SBE subcontractor voluntarily withdraws
from the project and provides the Administrator written notice of its withdrawal.
(6) The listed MBE, WBE or SBE subcontractor is ineligible to receive
credit for the type of work required.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(7) The MBE, WBE or SBE owner dies or becomes disabled with the
result that the listed MBE, WBE or SBE subcontractor is unable to complete its work on the
contract.
(8) Other good cause as determined in the Administrator's sole discretion.
(ii) Good cause does not include where the Contractor seeks to terminate a MBE,
WBE or SBE it relied upon to obtain the contract so that the Contractor can self -perform the
work or substitute another MBE, WBE or SBE or non -certified subcontractor to perform the
work for which the MBE, WBE or SBE was engaged or listed on the Utilization Plan.
(iii) The Prime Contractor must give the MBE, WBE or SBE notice in writing,
with a copy to the Administrator, of its intent to request to terminate and/or substitute, and the
detailed reasons for the request.
(iv) If the Prime Contractor proposes to terminate or substitute a MBE, WBE or
SBE subcontractor for any reason, the Contractor must make Good Faith Efforts as defined
herein to find a substitute MBE, WBE or SBE subcontractor for the original MBE, WBE or SBE
to meet its MBE, WBE or SBE contractual commitment. Its Good Faith Efforts shall be directed
at finding another MBE,WBE or SBE to perform or provide at least the same amount of work,
material or service under the contract as the original MBE, WBE or SBE to the extent necessary
to meet its MBE, WBE or SBE contractual commitment.
(v) The Prime Contractor must submit a MBE, WBE or SBE Subcontractor's
Letter of Intent for each proposed new MBE, WBE or SBE subcontractor.
(vi) The Administrator will approve or disapprove the substitution based on the
Prime Contractor's documented compliance with these provisions.
(h) In the event a Prime Contractor fails to achieve the level of MBE, WBE or SBE
participation described in its Utilization Plan as the result of the District's deletion of the work to
be performed by a MBE, WBE or SBE, the Prime Contractor shall notify the Administrator in
writing and may request an amendment of its Utilization Plan. A letter of release signed by the
subcontractor must be included with the request.
(i) In the event a Prime Contractor, in the performance of its contract, determines that the
conditions of the work warrant a reduction in the scope of work to be performed by a MBE,
WBE or SBE the Prime Contractor must utilize Good Faith Efforts to fulfill its MBE, WBE or
SBE contractual commitment. The Prime Contractor must notify the Administrator in writing
within 14 calendar days of the determination to request an amendment of its Utilization Plan.
The Prime Contractor must give the MBE, WBE or SBE notice in writing, with a copy to the
Administrator, of its intent to request to reduce the scope of work, and the detailed reasons for
the request. The Administrator will approve or disapprove the reduction based on the Prime
Contractor's documented compliance with these provisions.
0) Where contract change orders are made individually or in the aggregate that increase
the total value of the contract by more than ten percent (10%) of the original contract value, the
Prime Contractor shall increase the utilization of all MBEs, WBEs or SBEs, where feasible, so
that the total value of the percentage of work performed by MBEs, WBEs or SBEs as to
increased contract value bears the same relationship to the total value of the contract (as
modified by change orders) as the percentage of MBEs, WBEs or SBEs utilization committed to
in the contractor's original Utilization Plan.
NMI
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Section 15. Sanctions for Non -Compliance
(a) Where the Administrator believes that the Prime Contractor or subcontractor has
committed fraud or misrepresentation against the District or has failed to comply with this
Ordinance or its contract, or provided false or fraudulent documentation, the Administrator shall
notify the Prime Contractor and/or subcontractor in writing of such determination of
noncompliance and withhold up to one hundred percent (100%) of the current progress or final
payment due the Prime Contractor for up to 90 days. The amount to be withheld shall be based
upon a determination of the degree to which the Prime Contractor has failed to meet its MBE,
WBE or SBE contractual commitments and to what extent the Prime Contractor has made Good
Faith Efforts to achieve such commitments. The Prime Contractor and/or subcontractor shall
have the right to meet with the Administrator within 10 calendar days of receipt of the notice.
After conference and conciliation, the Administrator will determine whether the Prime
Contractor and/or subcontractor is in compliance.
(b) If the Administrator determines the Prime Contractor and/or subcontractor is not in
compliance and the violation cannot be resolved by conference and conciliation, the
Administrator shall refer the matter to the Executive Director and the Executive Director may
return the referral to the Administrator with direction or may direct the Prime Contractor and/or
subcontractor to show cause on a date certain why further sanctions should not be imposed.
(i) The Prime Contractor or subcontractor shall have 15 calendar days after receipt
of the show cause notice within which to file a response in writing with the Administrator. A
hearing before a duly appointed Hearing Officer shall be convened to provide the contractor
and/or subcontractor an opportunity to be heard with respect to the non-compliance. Within 30
calendar days after the Executive Director's referral, the Hearing Officer shall schedule a hearing
to be held within 30 calendar days of receipt of the referral for hearing at which the District, the
contractor and/or subcontractor may present evidence of the purported violation and/or the
absence thereof. The District will carry the burden of proof by a preponderance of the evidence.
The Prime Contractor and/or subcontractor may present additional evidence and witnesses to
show cause why sanctions should not be imposed. An official record will be kept with the Clerk
of the District. All filings by the District or the respondents should be made with the Clerk of the
District, with courtesy copies going to the parties and the Hearing Officer.
(ii) The Hearing Officer shall conduct such show cause hearings involving the
Ordinance and shall render findings of fact, conclusions of law and recommendations regarding
disposition of the hearings. Procedures and rules governing the show cause hearings will be
adopted by the Board of Commissioners. The Hearing Officer will not become co -counsel with
any attorneys appearing before him/her at any time during the hearing.
(iii) All Show Cause Hearings must be conducted on the record and all testimony
must be under oath and transcribed verbatim by a court reporter. All parties shall be given the
opportunity to present and respond to evidence. The Hearing Officer shall conduct a fair hearing
and maintain order and shall abide by the Judicial Canons of Ethics enacted by the Illinois
Supreme Court.
(iv) Within 30 calendar days after the hearing with the Prime Contractor and/or
subcontractor, the Hearing Officer shall issue in writing to the Executive Director his/her written
findings of fact, conclusions of law as to compliance and recommendations with respect to any
appropriate sanctions. The Executive Director shall transmit the Hearing Officer's findings,
conclusions and recommendations to the Board of Commissioners which may impose sanctions
for a Prime Contractor's and/or subcontractor's noncompliance with this Ordinance including,
but not limited to:
D -20
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(1) Withholding up to fifty percent (50%) of the current progress or final
payment due the contractor until the Administrator determines that the contractor is in
compliance. Following the withholding of up to fifty percent (50%) of the current progress
payment, up to one hundred percent (100%) of further progress payments may be withheld until
the contractor is found to be in compliance with the requirements of this Ordinance. The amount
to be withheld will be based upon a determination of the degree to which the Prime Contractor
has failed to meet its MBE, WBE or SBE contractual commitments and to what extent the Prime
Contractor has made good faith efforts to achieve such commitments.
(2) Declaring the Prime Contractor and/or subcontractor to be non -
responsible and disqualify/debar the Prime Contractor and/or subcontractor from eligibility to
bid on District construction contracts for a period of not less than one (1) year, and not more than
three (3) years. An entity that is disqualified pursuant to the provisions of this Ordinance shall be
precluded from participation on any District contract as a Prime Contractor, subcontractor and
supplier for the period of disqualification. In cases of the use of false documentation, the making
of false statements, fraud or misrepresentation, the disqualification period will be not less than
eighteen (18) months, and not more than three (3) years for the second violation of the Ordinance
and not less than twenty-four (24) months and not more than three (3) years for the third
violation of the Ordinance from the date of disqualification established in the Board Order.
(3) Rejecting bids by the Prime Contractor for other contract(s) not yet
awarded to that Bidder in instances of the use of false documentation, the making of false
statements, fraud or misrepresentation.
(4) For any MBE, WBE or SBE that has misrepresented its MBE, WBE or
SBE status and/or failed to operate as an independent business concern performing a
Commercially Useful Function, declaring by the Director that the MBE, WBE or SBE ineligible
to participate as a MBE, WBE or SBE in District contracts. A firm that has been declared
ineligible may not participate as a MBE, WBE or SBE for a period of not less than one (1) year
and not more than three (3) years.
(5) Forfeiting and deducting from the Prime Contractor's progress or final
payments under the contract an amount up to the dollar amount of its MBE, WBE goal
commitment that the contractor has failed to meet. The amount to be deducted will be based
upon a determination of the extent to which the Prime Contractor made Good Faith Efforts to
achieve such commitments.
(6) Referring the matter to the Office of the Attorney General or Cook
County State's Attorney for follow-up action.
(c) The Administrator and Director will take action to prevent a contract from being
awarded to a Prime Contractor or first-tier subcontractor disqualified from bidding hereunder for
the period of disqualification.
(d) The District's attorneys' fees and costs will be assessed against the Prime
Contractor and/or subcontractor where the Hearing Officer makes a finding that the Prime
Contractor or subcontractor used false documentation, made false statements, or committed fraud
or misrepresentation.
(e) Notice of sanctions imposed by the Board of Commissioners for violations of the
Ordinance by the Prime Contractor, subcontractor and/or supplier will be spread upon the public
record by the District, including but not limited to publication in the Record of Proceedings of
the Board of Commissioners, posting on the District's web site, publication in any type of media,
newspaper publication and direct notice by letter to governmental entities.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(f) Any sanctions imposed against an entity shall also apply personally to all officers and
directors of the entity or partners of the entity, and their successors and assigns with knowledge
of the acts and omissions that give rise to the sanctions against the entity.
(g) The District may take other action, as appropriate, within the discretion of the
Administrator, subject to the approval of the Hearing Officer and the Board of Commissioners.
Section 16. Other Federal Regulations
The provisions of this Ordinance shall not apply to any contract to the extent that
different procedures or standards are required by any law or regulation of the United States and
nothing herein shall be interpreted to diminish or supplant the present Equal Employment
Opportunity Requirements contained in Appendices B and C of Grant funded contracts or
Appendix C non -Grant funded contracts.
Section 17. Reporting and Review
The Board of Commissioners directs the District staff to report to the Board of
Commissioners on an annual basis with respect to the following:
(a) The level of MBE, WBE or SBE participation achieved in each year in District
construction contracts subject to Appendix D.
(b) Identification of any problems with the enforcement of Appendix D; and
(c) Any recommendations with respect to improving the implementation of Appendix D.
Section 18. Sunset Provision
This Appendix D shall be reviewed no later than December 31`, 2021 and shall expire on
December 31, 2021 unless the District finds that its remedial purposes have not been fully
achieved and that there is a compelling interest in continuing to implement narrowly tailored
remedies to redress discrimination against M/WBEs so that the District will not function as a
passive participant in a discriminatory marketplace in the Metropolitan Chicago construction
industry.
Section 19. Repeal of Prior Inconsistent Provisions
All enactments and provisions heretofore adopted by this Board of Commissioners in the
area of affirmative action in connection with construction contracts subject to this Interim
Ordinance that are inconsistent with the provisions of this Interim Ordinance are hereby
expressly repealed.
Section 20. Severability
If any clause, sentence, paragraph, section or part of this Interim Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its operation to the clause,
I�
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
sentence, paragraph, section or part of this Interim Ordinance directly involved in the
controversy in which the judgment shall have been rendered.
Section 21. Effective Dates
This amendment to revised Appendix D shall be effective and apply to all bids for
contracts advertised after May 21, 2020.
ADOPTED:
... .., '.
. .........
Kari K. Steele, President
Board of Commissioners of the
Metropolitan Water Reclamation
District of Greater Chicago
Approved as to form and legality:
C
Head ssistant Attorney
General Counsel'"
[M
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 5
UTILIZATION PLAN
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
REVISED JUNE, 2015
METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO
MBE, WBE, SBE UTILIZATION PLAN
For Local and Small business entities - Definitions for terms used below can be found in
Appendix D: MBE - Section 5(s); WBE - Section 5(cc); SBE - Section 5(w).
NOTE: The Bidder shall submit with the Bid, originals or facsimile copies
of all MBE, WBE, SBE Subcontractor's Letter of Intent furnished to all
MBEs, WBEs, and SBEs. IF A BIDDER FAILS TO INCLUDE signed copies
of the MBE, WBE, SBE Utilization Plan and all signed MBE, WBE, SBE
Subcontractor's Letter of Intent with its bid, said bid will be deemed
nonresponsive and rejected.
All Bidders must sign the signature page UP -5 of the
Utilization Plan, even if a waiver is requested.
Name of Bidder:
Contract No.:
Affirmative Action Contact & Phone No.:
E -Mail Address:
Total Bid:
MBE, WBE, SBE UTILIZATION PLAN AND ALL SIGNED MBE,
WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT MUST
BE COMPLETED, SIGNED AND ACCOMPANY YOUR BID!!!
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the MBE participation will also be counted toward the
achievement of its SBE participation. See Affirmative Action Ordinance, Revised Appendix D, Section 11, Counting MBE, WBE and SBE
Participation towards Contract Goals. (a) (b) (c)
MBE UTILIZATION
Name of MBE and contact person:
Business Phone Number:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here:
Name of MBE and contact person:
Business Phone Number:
Address:
Email Address:
11
YES
MBE UTILIZATION
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
Email Address:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here: ❑
YES
MBE UTILIZATION
Name of MBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here:
11
YES
(Attach additional sheets as needed)
UP -2
11
NO
11
NO
11
NO
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the WBE participation will also be counted toward the
achievement of its SBE participation. See Affirmative Action Ordinance, Revised Appendix D, Section 11, Counting MBE, WBE and SBE
Participation towards Contract Goals. (a) (b) (c)
WBE UTILIZATION
Name of WBE and contact person:
Business Phone Number:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here:
Name of WBE and contact person:
Business Phone Number:
Address:
Email Address:
11
YES
WBE UTILIZATION
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
Email Address:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here: ❑
YES
WBE UTILIZATION
Name of WBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here:
11
YES
(Attach additional sheets as needed)
UP -3
11
NO
11
NO
11
NO
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
SBE UTILIZATION
Name of SBE and contact person:
Business Phone Number:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
Name of SBE and contact person:
Business Phone Number:
Address:
Email Address:
SBE UTILIZATION
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
Email Address:
SBE UTILIZATION
Name of SBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
(Attach additional sheets as needed)
UP -4
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
On Behalf of
SIGNATURE SECTION
(naive of company)
I/We hereby acknowledge that
I/WE have read Revised Appendix D, will comply with the provisions of Revised Appendix D, and intend to use the
MBEs, WBEs, and SBEs listed above in the performance of this contract and/or have completed the Waiver Request
Form. To the best of my knowledge, information and belief, the facts and representations contained in this Exhibit
are true, and no material facts have been omitted.
I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing
document are true and correct, and that I am authorized, on behalf of the bidder, to make this
affidavit.
ATTEST:
Date
Secretary
Signature of Authorized officer
Print name and title
Phone number
1)The Bidder is required to sign and execute this
Pau, EVEN IF A WAIVER IS BEING
REQUESTED.
2) Failure to do so will result in a nonresponsive bid
and rei ection of the bid.
3) If a waiver is requested, the bidder must also
complete the following "WAIVER REQUEST
FORM."
UP -5
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
REVISED JUNE, 2015
Page Intentionally
Left Blank
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
WAIVER REQUEST FORM
If a waiver is requested, the Bidder is required to sign
and execute this pale.
Contract No.:
Name of Bidder:
Contact Person and Phone Number:
With respect to the contract specified above, the Bidder hereby requests a
total or partial waiver of the requirement that, pursuant to Section 12 (a) -
(d) of the Affirmative Action Ordinance, Revised Appendix D, it files a MBE,
WBE, SBE Utilization Plan or achieve a particular goal for MBE, WBE, SBE
participation in the contract. The reasons for the request are as follows:
On Behalf of
I/We hereby acknowledge that
(name of company)
I/WE have read Affirmative Action Ordinance, Revised Appendix D, will comply with the provisions of Affirmative
Action Ordinance, Revised Appendix D, and intend to use the MBEs, WBEs, and SBEs listed in the MBE, WBE,
SBE Utilization Plan in the performance of this contract and have completed the Waiver Request Form. To the best
of my knowledge, information and belief, the facts and representations contained in this Waiver Request Form are
true, and no material facts have been omitted.
I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true and
correct, and that I am authorized, on behalf of the contractor, to make this affidavit.
ATTEST:
Date
Secretary
Signature of Authorized officer
Print name and title
Phone number
NOTE TO BIDDERS
All Waiver requests are evaluated carefully by the District. The
evaluation is based on your firm's documented GOOD FAITH
EFFORTS.
The GOOD FAITH EFFORTS MUST be
Undertaken PRIOR to your bid submittal to the District.
Good Faith Efforts are identified on pp. D15 -D16,
Section 12. Utilization Plan Submission (e), (i)(i)-(xi).
UP -6
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
REVISED JUNE, 2015
Page Intentionally
Left Blank
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
MBE, WBE, SBE SUBCONTRACTOR'S LETTER OF INTENT
To: (Name of Bidder) and the MWRDGC
RE: Contract Name:(Insert Name)
Contract Number: (Insert Number)
From: (Name of MBE/WBE/SBE Firm) MBE: Yes No
WBE: Yes No
SBE: Yes No
The MBE/WBE status of the undersigned is confirmed by the attached letter of
Certification. A certification letter must be attached hereto.
The undersigned is prepared to provide the following described services or
supply the following described goods in connection with the above named
project/contract:
If more space is needed to fully describe the MBE/WBE/SBE firms' proposed
scope of work and/or payment schedule, attach additional sheets.
The above described performance is offered for the following total price:
(Written in Figures) (Written in Words)
In the event of a discrepancy between the "Written in Words" price and the
"Written in Figures" price, the "Written in Words" price shall govern."
The undersigned will enter into a formal written agreement for the above work
with the Prime Contractor, conditioned upon the execution of a contract by
the Prime contractor with the MWRDGC.
(Signature of Owner, President or Authorized Agent of MBE/WBE/SBE)
Name/Title (Print)
Date
THIS SIGNED DOCUMENT
FAILURE TO DO SO WILL
REJECTION OF THE BID.
Phone
MUST BE SUBMITTED WITH THE
RESULT IN A NONRESPONSIVE BID
BID.
AND
All bidders shall submit with the Bid, copies of MBE, WBE, SBE Subcontractor's Letter of Intent in paper form
with signatures, which were furnished to each MBE, WBE, and SBE listed in its MBE, WBE, SBE Utilization Plan
and must be submitted to the District with its bid as part of its bid packet with either a copy of each MBE, WBE, and
SBE current Letter of Certification from a state or local government or agency or documentation demonstrating that
the MBE, WBE, SBE is a MBE, WBE or SBE within the meaning of this Revised Appendix D. Failure to submit
the MBE, WBE, SBE Subcontractor's Letter of Intent signed by each MBE, WBE, SBE subcontractor will be
viewed as nonresponsive and the bid will be rejected. All MBE, WBE, SBE Subcontractor's Letter of Intent must
conform to the MBE, WBE, SBE Utilization Plan submitted with the bid. An original or facsimile copy of MBE,
WBE, SBE Subcontractor's Letter of Intent will be acceptable.
UP -7
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
REVISED JUNE, 2015
Page Intentionally
Left Blank
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 6
VETERAN'S BUSINESS ENTERPRISE CONTRACTING POLICY REQUIREMENTS
APPENDIX V
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
APPENDIX V
VETERAN -OWNED BUSINESS ENTERPRISE CONTRACTING POLICY REQUIREMENTS
Section 1. Purpose
The purpose of this policy is to increase contracting opportunities with the Metropolitan Water
Reclamation District of Greater Chicago for veteran -owned and operated small business enterprises.
Section 2. Definitions
(a) "Eligible Veteran" means an individual who has been a member of the armed forces of the
United States and served for a total of at least six months, or for the duration of hostilities
regardless of the length of engagement; and
a. was discharged on the basis of hardship; or
b. was released from active duty because of a service connected disability; or
c. was discharged under honorable conditions
Fortner members of the military with the following type of discharges are excluded from the
District's Veteran -owned Business Enterprise Contracting Policy:
a. dishonorably discharged; or
b. bad conduct discharge; or
c. general discharge under other -than -honorable conditions
(b) "Good Faith Efforts" means those honest, fair and commercially reasonable actions
undertaken by a construction contractor or professional services consultant to meet the VBE
goal, which by their scope, intensity, and appropriateness to the objective, can reasonably be
expected to fulfill the Policy's goals.
(c) "Participating Business" means a business located within the counties of Cook, DuPage,
Kane, Lake, McHenry or Will in the State of Illinois or Lake County in the State of Indiana
which has the majority of its regular full-time work force located in this region and/or a
business which has been placed on the District's vendor list and/or has bid or sought District
contract(s) for construction or professional services work.
(d) "Small Business Enterprise" (SBE) in this Appendix has the meaning consistent with
Appendix D for construction contracts or Appendix A for professional services contracts, as
applicable.
(e) "Veteran -owned Business Enterprise" (VBE) means both a small business enterprise and
participating business, including a sole proprietorship, partnership, corporation, limited
liability company, joint venture or any other business or professional entity which is at least
fifty-one (51 %) directly and unconditionally owned by one or more eligible veterans, or, in
the case of a publicly held corporation, at least fifty-one (51 %) of the stock which is owned
by one or more eligible veterans, and whose control and management of the business
including long-term goals for the company as well as day-to-day operations are controlled by
one or more eligible veterans.
V-1
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Section 3. Certification Eligibility
(a) Only a firm owned by an Eligible Veteran(s) may be certified as a VBE.
(i) Ownership by one or more Eligible Veterans must be direct ownership.
(ii) A business or professional enterprise owned principally by another business entity
that is in turn owned and controlled by one or more veterans would not qualify.
(b) Only a firm that is managed and controlled by an Eligible Veteran(s) may be certified as a
VBE.
(c) For the purposes of this policy, there is no distinction between service -disabled (SDVBE) and
non -service disabled veteran -owned businesses.
Section 4. Contract Goals
(a) The standard participation goal for VBEs is three -percent (3%), unless otherwise specified in
the Invitation to Bid. The participation goals are applicable to District contracts where the
estimated total expenditure is in excess of $100,000.00, or in a lesser amount as authorized by
the Board of Commissioners.
(b) VBE goals are separate from the Minority Business Enterprise (MBE), Women's Business
Enterprise (WBE), and Small Business Enterprise (SBE) goals.
(c) VBE contract goals will only be applied to a contract when there are at least two (2) qualified
VBE contractors or professional services consultants registered on the District's vendor list to
perform the anticipated subcontracting functions of the contract.
(d) VBE goals are separate from Minority-owned Business Enterprise (MBE), Women -owned
Business Enterprise (WBE) and Small Business Enterprise (SBE) goals. An Eligible Veteran
who is also an MBE, WBE, or SBE may be dual -utilized to fulfill both goals. However, the
three -percent (3%) VBE goal must be accomplished in addition to the M/W/SBE goals set
forth in a contract.
Section 5. Good Faith Efforts
The Contractor must undertake "Good Faith Efforts" to ensure that qualified VBE firms are
utilized in the performance of the contract and provide maximum opportunities for VBE
participation, notwithstanding the fact that the Contractor may have the capability to complete the
project without the use of subcontractors.
Section 6. VBE Commitment Form Submission
Complete the VBE COMMITMENT FORM.
(a) Provide the names, contact information and qualifications for the prospective VBE firms that
you plan to use. Delineate the various anticipated categories and/or disciplines of
work/services to be provided by VBE firms.
V-2
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
(b) Summarize Contractor's or Consultant's commitment to comply with the VBE goals
regarding this project.
(c) Where a Contractor or Consultant is a business owned and controlled by a VBE or where the
Contractor or Consultant utilizes a VBE in a joint venture or as a subcontractor, a Contractor
or Consultant may count toward the achievement of its VBE goals the utilization of any VBE
that also satisfies the definition of a SBE, as set forth in the Revised Appendix D or Appendix
A, as applicable to construction or professional services contracts.
Section 7. Effective Date
This policy is effective on January 1, 2019, and applies only to qualifying contracts advertised
after the effective date.
RDB/MTC/PJS/ps Adopted by Order of the Board November 15, 2018
V-3
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 7
VBE COMMITMENT FORM
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
VBE COMMITMENT FORM
1. Name of VBE:
Identify MBE, WBE, SBE Status:
City, State, Zip Code:
Contact Person:
entail Address:
Dollar Amount of Participation: $
Scope of Work:
2. Name of VBE:
Identify MBE, WBE, SBE Status:
City, State Zip Code:
Contact Person:
Mail Address:
Dollar Amount of Participation: $
Scope of Work:
Address:
Telephone Number:
Percent of Participation: %
Address:
Telephone Number:
Percent of Participation: %
3. Name of VBE:
Identify MBE, WBE, SBE Status: Address:
City, State Zip Code:
Contact Person: Telephone Number:
eMail Address:
Dollar Amount of Participation: $ Percent of Participation:
Scope of Work:
4. Name of VBE:
Identify MBE, WBE, SBE Status:
City, State, Zip Code:
Contact Person:
entail Address:
Dollar Amount of Participation: S.
Scope of Work:
Address:
Telephone Number:
Percent of Participation: %
Attach a copy of qualifications for each VBE firm
V-4
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 8
AFFIRMATIVE ACTION STATUS REPORT
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
AFFIDAVIT - AFFIRMATIVE ACTION STATUS REPORT
Notice: This report is required to be submitted at 25%, 50%, 75%, and 100% completion of construction.
Contract Title:
Contract Number:
Prime Contractor's Name:
Prime's Contact Name:
Prime's Contact Phone #: (
In connection with the above -captioned contract:
Estimated Completion Date:
Status Report No.: 25% - 50% - 75% - 100%
(CIRCLE ONE)
For each MBE, WBE, and SBE subcontractor, including third tier contracts awarded by your MBE/WBE/SBE company,
describe the work or goods or services provided in relation to this contract (indicate line items, if applicable) performed
during the report period.
MBE, WBE, and SBE Subcontractor
MBE / WBE
/ SBE
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor
MBE / WBE
/ SBE
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor
MBE / WBE
/ SBE
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Page 2 of 2
MBE, WBE, and SBE Subcontractor
MBE / WBE
/ SBE
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor
MBE / WBE
/ SBE
AMOUNT OF CONTRACT
AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF
THIS DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED TO MAKE THIS AFFIDAVIT. I
CERTIFY THAT THE ABOVE NAMED FIRMS WERE AWARDED CONTRACT(S), PERFORMED THE WORK WITH
THEIR OWN FORCES, AMOUNTS LISTED ARE ACCURATE AND PAYMENTS WERE MADE IN ACCORDANCE
WITH CONTRACTUAL OBLIGATIONS. CANCELLED CHECKS AND/OR SUPPORTING INFORMATION WILL BE
ON FILE FOR INSPECTION OR AUDIT.
Name of Affiant:
Title
Signature:
(Signature of Affiant)
Date
State of
County (City) of
This instrument was SUBSCRIBED and SWORN TO before me on
Signature of Notary Public
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 9
OPERATION AND MAINTENANCE PLAN, INSPECTION LOG
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
March 2021
(CBBEL Project No. 150225.00004a)
lllntrodu.ction
This Operations and Maintenance Plan is in reference to the Village of Mount Prospect
Levee 37: Aspen Trails Park Interior Drainage Improvement Project Plans Set dated
2021, prepared by Christopher B. Burke Engineering, Ltd.
Annual Maintenance and ana enient Tasks
This plan is designed to be adaptive to changing site conditions observed through periodic
monitoring of the site. The monitoring visits are important to determine the annual tasks
needed. Those tasks are then completed and evaluated for effectiveness. Follow up tasks
are then defined and completed as necessary.
Annual maintenance and management tasks include periodic monitoring. Periodic monitoring
visits are recommended to assess the site conditions and to determine the extent of each
task to be completed in any given year for this underground storage system. We recommend
at least 1 monitoring and maintenance visits each year. The following matrix lists
recommended regular maintenance and management activities to be completed according to
schedule.
Table 1. Recommended Maintenance and Management Tasks Schedule
TASK
Jan -Mar
Apr
May -June
Jul
Sgt
Oct
Nov
Dec
Monitoring Visits
X
Debris Management
X
Storm water
Structure
X
Maintenance
Underground
Storage system
X
maintenance
Site Monitoring Visits: Annual site monitoring visits shall be completed to determine if
the water control structures are functioning properly, and to assess the overall
condition of the Underground Storage System and appurtenances. Any deficiencies
Page 1 of 2
N:\M 0 U NTPROS PECT\150225.00004A\S pecs\5b_M M P_AspenTra it -Basi n Sewer _M ou ntProspect. dou
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
should be documented along with recommendations for appropriate remediation or
remedied during the visits. The results of each visit should be summarized in a short
report with photographs for record keeping.
2. Debris Management: As this is a closed, underground system all debris management
is covered under Stormwater Structure Maintenance.
3. Stormwater Structure Maintenance: All storm water grit chambers and junction
chambers shall be inspected, cleaned out and/or repaired bi-annually to prevent
clogging and potential flooding. This will be especially important in late fall.
Maintenance staff should visit the site on a regular basis to monitor the blockage of
inlets and outlets, including removal of debris from stormwater openings.
4. Underground Storage System Maintenance: Underground Storage System shall be
inspected via access lids, and the system cleaned out and/or repaired annually as
needed to prevent clogging and potential reduced capacity. As the grit chambers are
designed to collect any sediment, inspections may be able to be less frequent; this
can be assessed after the first two full inspection cycles after project construction
completion.
5. Soil Erosion Control Management: As this is a closed, underground system all soil
erosion control management is covered under Stormwater Structure Maintenance.
6. Invasive Weed Control: As this is a closed, underground system all invasive weed
control is covered under Stormwater Structure Maintenance.
7. Recordkeeping: Records of management activities should be maintained by the
designated stewardship committee or person(s). Records may include a review of
management activities and their results, including photo documentation and the
proposed actions for the next year.
Page 2 of 2
N:\M 0 U NTPROS PECT\150225.00004A\S pecs\5b_M M P_AspenTra it -Basi n Sewer _M ou ntProspect. dou
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
EXHIBIT 10
PROJECT SITE PROPERTY INTEREST DOCUMENTS OR AFFIDAVIT
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
A �� o r■ 1' o r
VillageWHEREAS, the of MountProspect
o, p,."Village") home rule unit
of
government pursuant to the Illinois Constitution of 1970; and
11 111111P!�1111
,4415
WHEREAS, the Village of Mount Prospect and Community Consolidated School
District 21 are units of government within the meaning of the Constitution of the
State of Illinois, 1970 Article VII, Section 10, having the power and authority to enter
into an intergovernmentalagreement; and
capacityWHEREAS, the Village of Mount Prospect seeks to reduce stormwater-induced
flooding in residential neighborhoods by constructing detention facilities and other
storm sewer improvements at and near Aspen Trails Park, located at 1814 Maya
Lane, Mount Prospect, Illinois, in order to improve the storage and conveyance
of
municipally-owned 1 o , sewer system serving the area,
hereinafter referred to as the PublicImprovements;d
WHEREAS, the Public Improvements include assimilation of stormwater storage
from the referenced detention facility, improvements to the referenced stormwatig-F.
collection and conveyance
4 ,,,t,e, , , , e , leveland regrading of these work areas to a flat,
zurface;and
WHEREAS, Community Consolidated School District 21 staff have N developing y praforementioned �, } Aspen Park expressed including the
proposed work detention pond, storm sewer, and grading work on School District
property; and
WHEREAS, the Village #',p agrees to fund and School District 21 agree -.4;
to allow Mount Prospect to construct said Public Im r. r ovincluding
proposed work on School District property; and
611614
TR lin-W-MU-0-esE ini:er-e-gts--ot-tff-e--TIYFage—wilI be served by entering into the
Intergovem mentalAgreement.
DocuSig n Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
constructionSECTION ONE: The President and Board of Trustees of the Village of Mouly,,
Prospect do hereby authorize and direct the President to execute an
Intergovernmental Agreement with Community Consolidated School District 21 to
facilitate of the Aspen *" improvementsTr hereto
and made a part of this Resolution Exhibit
SECTION Resolution ". in full force and effect from and after
its passage and approval in the manner provided by law.
;!U,
NAYS:None
�" :- .�.x� "11 �". r" ��►19F =I
�+,,Arlene A. ]uracek
Mayor
ATTEST:
-4 Karen M. Agor no
s
Village Clerk
D21 Aspen Trails IGA
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
MountProspect♦ fund+ the School
Mount♦ r said Public Improvements,r ♦ ther♦r♦ ♦ on
Schoolproperty, in accordance
AID ♦ ♦�
conditions set forth in this Agreement, the Parties hereto agree as follows:
+ + . r r r; ►
.. ♦ ♦ - ♦ ♦ ♦ - ♦ ♦. ♦� ,.11111:1 no
M i r
Section ♦ ♦ for purposes of this Agreement
those improvements which improve the storage and conveyance capacity of the
municipally -owned ♦ � including, but ♦ e♦ to,
detention basins,♦ ♦ ♦ + and outflow structures, storm^.r pipe and other
conveyancestorm water and/or♦ ♦e ,:rr
Sectionr ♦ for purposes
r •
AgreementSection3j. The ♦ver Improvements in Aspen Trails Park and a
portion of i ♦Elementary♦ r property.
Section 3.2. The proposed Improvements are conceptually represented in
Attachment A and made a part hereof.
Section proposed r ♦ ♦ Aspen Trails Park shall include, bnot be limited to the following:
ut
a. The Public Improvements shall include the below ground stormwater detention
basin, r, i►rains, inflow and outflow♦ . pipe, and
other stormwater conveyance and/or storage appurtenances at Aspen Trails
F,
rAdditional Public ♦ •Frost♦ol property
include:
L Fill the school's stormwater storage depressional area just south of
existing parking lot to a flat, level surface. Regrade area to drain to a
catch basin on
Page 2 of 8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Village'sii. Install the r"- w d stormwater detention
onto School District ♦ fir-rty (varies) at a locationr
shared parcel line with Aspen Trails Park.
Replace r River Trails Park District storm sewer that captures
surface drainage from Aspen Trails Park and Frost Elementary School
stormwith a new r r School District property
and conveys stormwater to a Village -owned storm sewer on Maya Lane.
Regrade grass area south♦ r playground/asphalt l• o a flatter
profile since the new storm- installed closer to the
asphalt pavement thereby eliminating the need for a drainage swale.
V. • _r topsoil and re-establish turf in affected work areas.
vi. Install a temporary r along the
perimeter of disturbed area on School District property.
vii. Temporary storage of excavated soil/topsoil on School District property
within disturbed footprint while Public Improvements are constructed.
.xnil r ♦ W&7Mja Rr
.. r r - ! Vii► rr. �•
plans and specifications within this 30 -day time frame and advise Mount Prospect
regarding its acceptance or rejection of such plans and specifications, such plans and
specifications be deemed approved by the School District. Approval of plans
?nd specifications shall not be unreasonably withheld.
Section 4.1. For Aspen Trails Park, the design and development of the proposed
Aspen Trails' Park Improvements2020. Construction of proposed
Improvements at Aspenand the SchoolDistrict property, f W `d to
commence spring 2021. Substantialcompletion of PublicImprovements is
anticipated by the end! the 2021 constructionseason.r of turf fields
expected in October 2022.
Section 4.2. Notwithstanding any unforeseen circumstances, Mount Prospect
shall adhere to the best of its ability to the anticipated project schedule set forth herein.
If deviation or iMountProspectadvise
School r Mount Prospect anf the School District shall jointly
schedule.accommodate any issues that may arise as a result of the deviation or revision in the
SchoolThe designate 'rr for project. The School
r. t
Page 3 of 8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
14 L;R#i4j1U1jq91 10111#1♦ r rr . r 111100asid 11--1 mailr
Section4.3. If it is necessary to demolish any SchoolDistrict facilities in order ♦,
fully implement approved plans,runt Prospect shall be responsible forof
such demolition/site preparation. It is agreed that the School District will be given
reasonable notice which shall not be less than five (5) business days in advance of such
action by ♦ Prospect in the event the Sch♦odesires to salvage any fixtures
from the site.
Section p It is agreed r♦♦ parties that if during the construction
Improvements, or at prior to such construction,f Prospect discovers
enviro
♦ :.
F .contamination♦ f♦us materials on ♦ f property,
Mount♦ •ect shall handle and dispose ofsuch materialspursuantto State law and at
its own expense.Schoolowner of FrostSchool,
cooperate with Mount Prospect with regard to any environmental remediation. This
includes, but is not limited to, execution of any documents regarding environmental
remediationparks.
Section 4.5. Mount Prospect shall be permitted reasonable access to Frost
Elementary School property for the purpose of designing, constructing and maintaining
the Improvements set ♦ M be the responsibilityof rProspect
to repair any damage to the School District property resulting from such activity. Any
such damage x be repaired within 30 days or within r longer
agreed to by both Mount♦ f` ♦ the SchoolDistrict and shallbe performed to the
unilateral satisfaction and approval of the School District, such approval not being
unreasonably w
FrostSection 5.1. For the Public Improvements at and near Aspen Trails Park and
♦ ♦l, Mount Prospect
a. Assume sole and exclusive responsibility for design of proposed " if
Improvements.
Page 4 of 8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
regulations or executive orders are deemed inserted whether or not they appear in this
Agreement and that in no event will the failure to insert such provisions prevent
enforcementof Agreement.
Section 6.3. Unless otherwise specified, any notices, demands or requests
required under this Agreement must be given in writing at the addresses set forth below
by any of the following means: personal service, overnight courier or first class mail.
Section 6.4. party
and agents from any liability for bodily injury, death, and property damage in connection
with the Public i; I 4 by this Agreement.
The limits of liability for the insurance required shall provide coverage for not less than
the following amounts,or greater where required
a. Comprehensive general liability, with a general aggregate of $5,000,000.00 and
$1,000,000.00 for each occurrence.
b orkman's compensation insurance in accord'., : provisions
employeesof the State of Illinois, including occupational disease provisions, for all applicable
pursuant to this Agreement.
c. Comprehensive automobile liability,coverage o include all owned, hired,non-
owned
covering personal injury, bodily injury and property damage, with a combined single
limit coverage of $1,000,000.00.
Workman'sd. Each Party and its officers, employees and agents shall be named as additional
non-contributory co -insureds on all of the other Party's insurance policies, except
Compensation, duringof this Agreement. . policies
shall not be allowed to expire or be cancelled, nor shall said coverages be reduced,
without 4 i days prior written noticeo the
other Party.
Agreemente. Each Party understands and agrees that any insurance protection required by this
or otherwise
o„ w ,i i;,; that Party, shall in no way limit the
requireresponsibility to indemnify, keep and save harmless, and defend the other Party
and its officers, employees and agents as herein provided.
f. Each Party shall contractor performing any workon Property f to
this Agreement to carry liability insurance and name the other Party as an additional
non-contributoryco-insured under such policies. The first Partycopiesfumish
otherof certificates of insurance evidencing coverage for any contractor performing any
such work to the Party.
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Mount Prospect. This Agreement shall inure to the benefit of all successors and assigns
of the parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their respective officials on the dates as shown.
VILLAGE OF MOUNT PROSPECT
Date:
COMMUNITY CONSOLIDATED
SCHOOL DISTRICT 21
—
Date:�wry L,
Page 8 of 8
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
RESOLUTION NO. 22-19
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE RIVER TRAILS PARK DISTRICT AND THE
VILLAGE OF MOUNT PROSPECT TO CONSTRUCT STORMWATER IMPROVEMENTS
WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental
Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation;
and
WHEREAS, the Village of Mount Prospect and the River Trails Park District are units of government
within the meaning of the Constitution of the State of Illinois,1970, Article VII, Section 10, having
the power and authority to enter into an intergovernmental agreement; and
WHEREAS, Mount Prospect seeks to reduce stormwater-induced flooding in residential
neighborhoods by constructing detention facilities and other storm sewer improvements at and
near Burning Bush Trails Park and Aspen Trails Park in order to improve the storage and
conveyance capacity of the municipally -owned separate storm system serving the area; and
WHEREAS, River Trails owns, maintains and operates Burning Bush Trails Park located at 1313
North Burning Bush Lane, Mount Prospect, Illinois ; and
WHEREAS, River Trails owns, maintains and operates Aspen Trails Park located at 1814 East
Maya Lane, Mount Prospect, Illinois; and
WHEREAS, the costs for the proposed Improvements is estimated to be $9,472,778; and
WHEREAS, Mount Prospect agrees to fund and River Trails agrees to allow Mount Prospect to
construct said Public Improvements and Recreational Park Amenity Improvements in accordance
with this Agreement; and
WHEREAS, the Village finds that it is in the best interest of the Village to enter into an
Intergovernmental Agreement with the River Trails Park District attached hereto as Exhibit "A."
NOW THEREFORE BE IT ORDAINED/RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
ECTIa : That the Board of Trustees do hereby authorize the Village of Mount Prospect
to enter into an Intergovernmental Agreement between the Village of Mount Prospect and the
River Trails Park District.
ECT W That the Mayor is authorized to sign the agreement, attached and made part of
this Resolution as Exhibit "A ".
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
SECTION THREE: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: Non e
ABSENT: None
PASSED and APPROVED this 4th day of June, 2019.
5 Arlene A. Juracek, May
ATTEST:
._��...-....................................._._..........................�.....
Karen M. Agoranos, illage Clerk
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into
by and between the Village of Mount Prospect ("Mount Prospect"), an Illinois municipal
corporation and the River Trails Park District ("River Trails"), an Illinois municipal
corporation (collectively "the Parties").
RECITALS
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10,
authorizes units of local government to contract or otherwise associate amongst
themselves in any manner not prohibited by law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS
220/1 et seq., authorize and encourage intergovernmental cooperation; and
WHEREAS, the Parties are units of government within the meaning of the
Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and
authority to enter into an intergovernmental agreement; and
WHEREAS, Mount Prospect seeks to reduce stormwater-induced flooding in
residential neighborhoods by constructing detention facilities and other storm sewer
improvements at and near Burning Bush Trails Park and Aspen Trails Park in order to
improve the storage and conveyance capacity of the municipally -owned separate storm
sewer system serving the area; and
WHEREAS, River Trails owns, maintains and operates Burning Bush Trails Park
located at 1313 North Burning Bush Lane, Mount Prospect, Illinois, and legally described
as follows:
The West 10 acres of the following tract of land: The North 315.9 feet of the South 449.4
feet of that part of the Northwest'/4 of Section 25, Township 42 North, Range 11 East of
the 3rd Principal Meridian, lying West of the center line of River Road and also the North
210.6 feet of the South 40 rods of that part of the Northeast'/4 of Section 25, Township
42 North, Range 11, East of the 3rd Principal Meridian, lying West of the center line of
River Road, all in Cook County, Illinois
WHEREAS, River Trails owns, maintains and operates Aspen Trails Park located
at 1814 East Maya Lane, Mount Prospect, Illinois, and legally described as follows:
The East half of the South West quarter of Section 26, Township 42 North, Range 11,
East of the Third Principal Meridian (except the West 38 acres of the West half thereof
and (except the East 20 acres of the East half thereof) and (except that part thereof
described as follows: commencing at the point of intersection of the East line of the
premises above described with the South right-of-way line of Euclid Road for a point of
beginning; running thence South a distance of 208.71 feet along said East line to a point;
Page 1 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
running thence West along a line parallel with the South right-of-way line of Euclid Road
a distance of 208.71 feet; and running thence North along a line parallel with the East line
of the premises above described a distance of 208.71 feet to the South right-of-way line
of said Euclid Road; thence East along the South right -of way line of said Euclid Road to
the Place of beginning) and (excepting from the premises above described that part
thereof falling within a 100 foot strip the center line of said strip being defined as follows:
Beginning at the north West corner of the South East quarter of Section twenty seven
(27); thence East along the North line of said South East quarter, a distance of five
hundred fifty (550) feet to the point of curve; thence in a general Easterly direction along
curved line tangent to said North line of the South East quarter convex to the Northerly
and having a radius of twenty four thousand five hundred fifty five and thirty five one
hundredths (24555.35) feet a distance of one thousand twenty eight and fifty seven one
hundredths (1028.57) feet to a point of tangency; thence in a general Easterly direction
along a straight line tangent to the last described curved line a distance of one hundred
sixty five and three one hundredths (165.03) feet to a point of curve; thence in a general
Easterly direction along curved line tangent to last described straight line convex to the
Southerly and having a radius of twenty four thousand five hundred fifty five and thirty five
one hundredths (24555.35) feet a distance of one thousand twenty eight and fifty seven
one hundredths (1028.57) feet to a point of tangency; thence East along straight line
tangent to last described curved line (said line being fifty (50) feet South of and parallel
to the North line of the South West quarter of Section twenty six (26), Township forty two
(42) North, Range eleven (11), East of the Third Principal Meridian), a distance of two
thousand four, hundred eighty seven and eighty one one hundredths (2487.81) feet to a
point in the East line of the South West quarter of Section twenty six (26); thence
continuing East along straight line (being prolongation of last described straight line) said
line being fifty (50) feet South of and parallel to the North line of the South East quarter
of Section twenty six (26), a distance of one hundred thirty five and thirty one one
hundredths (135.31) feet to a point of curve; thence in a general Easterly direction along
curved line tangent to last described straight line convex to the Southerly and having a
radius of twenty four thousand five hundred fifty five and thirty five one hundredths
(24555.35) feet a distance of one thousand twenty eight and fifty seven one hundredths
(1028.57) feet to a point of tangency; thence in a general Easterly direction along straight
line tangent to the last described curved line, a distance one hundred sixty five and three
one hundredths (165.03) feet to a point of curve; thence in a general Easterly direction
along curved line tangent to last described straight line convex to the Northerly and having
a radius of twenty four thousand five hundred fifty five and thirty five one hundredths
(24555.35) feet, a distance of one thousand twenty eight and fifty seven one hundredths
(1028.57) feet to a point in the North line of the South East quarter of Section twenty six
(26), said point being two hundred eighty (280) feet West of the North East corner of the
South East quarter of Section twenty six (26); thence East along straight line (being North
line of the South East quarter of Section twenty six (26) aforesaid, the North line of the
South West quarter and the North line of the South East quarter of Section twenty five
(25), Township forty two (42) North, Range eleven (11), East of the Third Principal
Meridian), tangent to last described curved line a distance of three thousand nine hundred
twenty one and thirty three one hundredths (3921.33) feet to a point of curve; thence in a
Page 2 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
general Easterly direction along curved line tangent to last described straight line convex
to the Northerly and having a radius of two thousand eight hundred sixty four and ninety
three one hundredths (2864.93) feet, a distance of six hundred thirty eight and twenty two
one hundredths (638.22) feet to a point in Des Plaines River Road, said point being
seventy one and fifteen one hundredths (71.15) feet Southerly of the North line of the
South East quarter of Section twenty five (25) aforesaid (measured along Des Plaines
River Road), in COOK COUNTY, ILLINOIS.
WHEREAS, the River Trails Board and staff have expressed support for
developing the Public Improvements in conjunction with planned Recreational Park
Amenity Improvements at the referenced facilities; and
WHEREAS, the costs for the proposed Improvements is estimated to be
$9,472,778; and
WHEREAS, Mount Prospect agrees to fund and River Trails agrees to allow Mount
Prospect to construct said Public Improvements and Recreational Park Amenity
Improvements in accordance with this Agreement.
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions set forth in this Agreement, the Parties hereto agree as follows:
The above recitals are incorporated into this Agreement as if fully set forth herein.
Section 2. 1efinitons
Section 2.1. "Public Improvements" for purposes of this Agreement shall mean
those improvements which improve the storage and conveyance capacity of the
municipally -owned storm sewer system serving the area, including, but not limited to,
detention basins, underdrains, inflow and outflow structures, storm sewer pipe and other
storm water conveyance and/or storage appurtenances.
Section 2.2 "Recreational Park Amenity Improvements" for purposes of this
Agreement shall mean improvements to recreational equipment and the layout and
landscaping of the parks.
Section 2.3. "Improvements" for purposes of this Agreement shall mean "Public
Improvements" and "Recreational Park Amenity Improvements" referred to together.
Section 3.1, The Agreement will cover Improvements in Burning Bush Trails Park
and Aspen Trails Park.
Page 3 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Section 3.2. The proposed Improvements are conceptually represented in
Attachment A and made a part hereof.
Section 3.3. The proposed Improvements to Burning Bush Trails Park shall
include, but not be limited to the following:
a. The Public Improvements shall include the detention basin, underdrains, inflow
and outflow structures, storm sewer pipe, and other stormwater conveyance
and/or storage appurtenances.
b. The estimated cost to construct the proposed Improvements at Burning Bush
Trails Park is $5,713,631. This sum includes a $1,845,000 estimate for
Recreational Park Amenity Improvements and a $3,868,631 estimate for the
Public Improvements. Mount Prospect will finance all of the Public
Improvements. River Trails will initially finance the Recreation Park Amenity
Improvements and will submit to Mount Prospect for reimbursement, the cost
for all of the identified improvements minus the items identified in Section 3.3.c.
and 5.2.h.
c. Mount Prospect agrees to limit the total expenditures of River Trails to
$250,000 plus the $400,000 OSLAD Grant funds for all capital improvements
including Recreational Park Amenity Improvements and the Public
Improvements. Mount Prospect shall be responsible for the balance of costs.
d. The Recreational Park Amenity Improvements and Public Improvements shall
be procured and constructed utilizing separate and distinct purchasing
procedures. River Trails will complete independent public bidding procedures
for the Recreational Park Amenity Improvements and Mount Prospect will
complete independent public bidding procedures for the Public
I mprovements.
Section 3.4.. The proposed Public Improvements to Aspen Trails Park shall
include, but not be limited to the following:
a. The Public Improvements shall include the detention basin, underdrains, inflow
and outflow structures, storm sewer pipe, and other stormwater conveyance
and/or storage appurtenances.
b. The estimated cost to construct the proposed Improvements at Aspen Trails
Park is $5,600,000. This estimate includes a $550,000 estimate for the
Recreational Park Amenity Improvements and a $5,050,000 estimate for the
Public Improvements.
c. The Recreational Park Amenity Improvements and Public Improvements shall
be procured and constructed utilizing separate and distinct purchasing
Page 4 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
procedures. River Trails will complete independent public bidding procedures
for the Recreational Park Amenity Improvements and Mount Prospect will
complete independent public bidding procedures for the Public Improvements.
d. Mount Prospect shall fund the costs of the Improvements at Aspen Trails Park.
Section 3.. Mount Prospect agrees that it shall provide River Trails with the
ability to review and approve the plans and specifications for the construction of the Public
Improvements and the Recreational Park Amenity Improvements provided for in this
Section 2 of this Agreement and Mount Prospect shall conduct at least one public
informational meeting regarding such plans. River Trails agrees it will review such plans
and specifications within thirty (30) days of its receipt of same. If River Trails fails to review
such plans and specifications within this 30 -day time frame and advise Mount Prospect
regarding its acceptance or rejection of such plans and specifications, such plans and
specifications shall be deemed approved by River Trails. Approval of such plans and
specifications shall not be unreasonably withheld. Plans and specifications for each of
the two parks can be approved and constructed independently. Specifically, plans and
specifications for Burning Bush Trails Park Improvements can be approved, and
subsequently constructed, separately and prior to the plans and specifications for Aspen
Trails Park.
Section 4. Al3ticigated ftQIggi
Section 4.1. For Burning Bush Trails Park, the proposed construction of the
Improvements is anticipated to commence in 2019. Substantial completion of the
Improvements is anticipated by the end of the 2019 construction season.
Section 4.2. For Aspen Trails Park, the design and development of the proposed
Aspen Trails Park Improvements are anticipated to commence in 2019. Construction of
proposed Improvements at Aspen Trails Park is anticipated to commence in 2020.
Substantial completion of the proposed Improvements is anticipated by the end of the
2020 construction season.
Section 4.3. Notwithstanding any unforeseen circumstances, Mount Prospect
shall adhere to the best of its ability to the anticipated project schedule set forth herein.
If deviation or revision of this schedule is necessary, Mount Prospect shall advise River
Trails of the same and Mount Prospect and River Trails shall jointly accommodate any
issues that may arise as a result of the deviation or revision in the schedule. Construction
of the Improvements shall not commence until River Trails is satisfied that Mount
Prospect has provided sufficient assurance and security to reasonably guarantee the
design, construction and completion of all the Improvements according to the construction
schedule. For illustration purposes only, sufficient security may include performance
bonds posted by contractors, irrevocable letters of credit which can be drawn upon by
both Mount Prospect and, if necessary, River Trails, or any other legally permissible
assurance or security agreed to by the Parties. Further, all contractors performing work
Page 5 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
on the Improvements shall warrant their work and such warranties shall extend to both
Mount Prospect and River Trails.
River Trails shall designate a representative for the Improvements project. The
River Trails representative shall be invited and permitted to attend and participate in all
design, pre -construction and construction progress meetings and shall be permitted to
observe the construction work in progress during normal business hours. River Trails
shall be copied on all project -related correspondence.
Section 4.4. If it is necessary to demolish any River Trails facilities in order to fully
implement the approved plans, Mount Prospect shall be responsible for the cost of such
demolition/site preparation. It is agreed that River Trails will be given reasonable notice
which shall not be less than five (5) business days in advance of such action by Mount
Prospect in the event River Trails desires to salvage any fixtures from the site.
Section 4.5, It is agreed by both parties that if during the construction of the
Improvements, or at any time prior to such construction, Mount Prospect discovers
environmental contamination or hazardous materials on the River Trails property, Mount
Prospect shall handle and dispose of such materials pursuant to State law and at its own
expense. River Trails, as the owner of the parks, shall fully cooperate with Mount Prospect
with regard to any environmental remediation. This includes, but is not limited to,
execution of any documents regarding environmental remediation at the parks.
Section 4.5. Mount Prospect shall be permitted reasonable access to Burning
Bush Trails Park and Aspen Trails Park for the purpose of designing, constructing and
maintaining the Improvements set forth in Section 2. Upon providing reasonable written
notice, not less than five (5) business days, and receiving written approval from River
Trails, Mount Prospect also shall be permitted, upon the same notice and provision terms,
to access Burning Bush Trails Park and Aspen Trails Park for the purpose of performing
soil borings and other due diligence testing as may reasonably be required by Mount
Prospect. It shall be the responsibility of Mount Prospect to repair any damage to the
parks resulting from such activity. Any such damage shall be repaired within 30 days or
within a longer time frame as mutually agreed to by both Mount Prospect and River Trails
and shall be performed to the unilateral satisfaction and approval of River Trails, such
approval not being unreasonably withheld.
Section 5.1, For the proposed Improvements to Burning Bush Trails Park, Mount
Prospect shall;
a Assume sole and exclusive responsibility for the design of proposed Public
Improvements.
b Agree and affirm full responsibility for the maintenance of the Public
Improvements in perpetuity. Except for emergency situations, Mount Prospect
shall provide no less than five (5) days advance written notice to River Trails
Page 6 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
before beginning any work or maintenance on the Public Improvements. In the
event of an emergency, if prior notice is not possible, Mount Prospect shall
provide notice at the earliest reasonable opportunity. It is agreed that
maintenance shall not include routine hardscape, turf, landscaping, lawn
mowing or upkeep of athletic fields and appurtenances in the stormwater
detention area(s). Any damage to the Public Improvements shall be reported
to Mount Prospect by River Trails within a reasonable period of time after it is
discovered by River Trails after which Mount Prospect shall be provided a
reasonable period of time to make such repairs as are deemed necessary.
c Mount Prospect and River Trails intend to install a well to irrigate drained
athletic fields in the stormwater detention area(s). Mount Prospect will be
responsible for installation, River Trails will be responsible for upkeep and
maintenance of the well system. In the event well installation becomes
infeasible, the detention area(s) will be irrigated by a new connection to the
nearby Illinois American water distribution system. In this circumstance, Mount
Prospect will install a separately metered water service connection for the
irrigation system. Mount Prospect will be liable for the cost of water utilized to
irrigate the drained athletic fields in detention area(s). Any requisite backflow
testing of subject irrigation system is also the responsibility of Mount Prospect.
d Procure and construct the Public Improvements.
Section b.. For the proposed Improvements to Burning Bush Trails Park, River
Trails shall:
a. Assume sole and exclusive responsibility for the design of Recreational Park
Amenity Improvements.
b. Act as a professional consultant in the design of the Recreational Park
Amenity Improvements located within the stormwater detention basin.
c. Grant necessary easements to Mount Prospect, so that Mount Prospect may
design, construct, and maintain the Public Improvements.
d. Retain sole and exclusive responsibility for the maintenance and operation of
Recreational Park Amenity Improvements as well as other hardscape, turf,
and landscaping improvements.
e. Procure and construct Recreational Park Amenity Improvements.
The irrigation system maintenance and upkeep after installation will be the
responsibility of River Trails.
Page 7 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
g. Pursue a $400,000.00 OSLAD Grant to be used to offset the balance of the
cost of the Recreational Park Amenity Improvements.
h. Provide Special Recreation Funds for ADA compliance as needed with respect
to the Recreational Park Amenity Improvements only not to exceed $35,000.
Any additional ADA costs would be covered by Mount Prospect.
Section 5.3. For the proposed Improvements to Aspen Trails Park, Mount
Prospect shall:
shall:
a Assume sole and exclusive responsibility for the design of proposed Public
Improvements. Except for emergency situations, Mount Prospect shall provide
no less than five (5) days advance written notice to River Trails before
beginning any work or maintenance on the Public Improvements. In the event
of an emergency, if prior notice is not possible, Mount Prospect shall provide
notice at the earliest reasonable opportunity. It is agreed that maintenance
shall not include routine hardscape, turf, landscaping and lawn mowing. Any
damage to the Public Improvements shall be reported to Mount Prospect by
River Trails within a reasonable period of time after it is discovered by River
Trails after which Mount Prospect shall be provided a reasonable period of time
to make such repairs as are deemed necessary.
b. Agree and affirm responsibility for the maintenance of the Public Improvements
in perpetuity.
c If the design warrants, Mount Prospect and River Trails intend to install a well
to irrigate drained athletic fields in the stormwater detention area(s). Mount
Prospect will be responsible for installation, River Trails will be responsible for
upkeep and maintenance of the well system. In the event well installation
becomes infeasible, the detention area(s) will be irrigated by a new connection
to the nearby Illinois American water distribution system. In this circumstance,
Mount Prospect will install a separately metered water service connection for
the irrigation system.. Mount Prospect will be liable for the cost of water utilized
to irrigate the drained athletic fields in detention area(s). Any requisite backflow
testing of subject irrigation system is also the responsibility of Mount Prospect.
d Procure and construct the Public Improvements.
e Organize and host community meetings regarding the Aspen Trails Public
Improvements project.
Section 5.4. For the proposed improvements to Aspen Trails Park, River Trails
Page 8 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
a. Assume sole and exclusive responsibility for the design of Recreational Park
Amenity Improvements. The design of the Recreational Park Amenity
Improvements shall be included in the construction costs covered by Mount
Prospect.
b. Grant necessary easements to Mount Prospect, so that Mount Prospect may
design, construct, and maintain the Public Improvements.
c. Retain sole and exclusive responsibility for the maintenance and operation of
Recreational Park Amenity Improvements as well as other hardscape, turf,
and landscaping improvements.
d. Procure and construct the Recreational Park Amenity Improvements which
shall be funded by Mount Prospect per Section 3.4.d.
e. The irrigation system maintenance and upkeep after installation will be the
responsibility of River Trails.
Attend and participate in community meetings regarding the Aspen Trails
Public Improvements project organized and hosted by Mount Prospect.
Section 5.5. If at any time after construction of any of the Public Improvements,
River Trails desires to make modifications to existing facilities or install additional facilities
on River Trails property for which Mount Prospect has been granted a permanent
easement under this Agreement, River Trails shall provide Mount Prospect prior notice of
such modification prior to any work being conducted. Similarly, if at any time after
construction of any of the Public Improvements, Mount Prospect desires to make
modifications to existing facilities or install additional facilities in the same area of the
easement, notice shall be provided to River Trails prior to any work being constructed. It
is agreed by both Parties that neither Mount Prospect nor River Trails will construct or
modify any improvements in a manner that will interfere with the operation or maintenance
of the Improvements.
Section 5.6. Each of the parties is a key stakeholder that will be included
throughout the process and will have the ability to provide input in the project decisions.
• Wilar-710I I
Section 6.11. This Agreement shall be interpreted under, and governed by, the
laws of the State of Illinois, without regard to conflicts of laws principles. Any claim, suit,
action, or proceeding brought in connection with this Agreement shall be in the Circuit
Court of Cook County, Illinois.
Section 6.2. This Agreement may not be altered, modified or amended except by
a written instrument signed by all Parties. Provided, however, the Parties agree that
provisions required to be inserted in this Agreement by laws, ordinances, rules,
Page 9 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
regulations or executive orders are deemed inserted whether or not they appear in this
Agreement and that in no event will the failure to insert such provisions prevent the
enforcement of this Agreement.
Section 6.3. Unless otherwise specified, any notices, demands or requests
required under this Agreement must be given in writing at the addresses set forth below
by any of the following means: personal service, overnight courier or first class mail.
Section 6.4. River Trails shall retain specific authority to withdraw support for the
proposed Public Improvements at Aspen Trails Park or deny access to Aspen Trails Park
property for the purposes of constructing proposed Public Improvements in the event its
governing board expressly determines there is insufficient constituency support.
Section 6.5. At all times while this Agreement remains in effect, each party shall
procure adequate insurance and/or self-insurance to protect itself, its officers, employees
and agents from any liability for bodily injury, death, and property damage in connection
with the Improvements covered by this Agreement.
The limits of liability for the insurance required shall provide coverage for not less than
the following amounts, or greater where required by law:
6.5.a. Comprehensive general liability, with a general aggregate of $5,000,000.00 and
$1,000,000.00 for each occurrence.
6.5.b. Workman's compensation insurance in accordance with the provisions of the
laws of the State of Illinois, including occupational disease provisions, for all
applicable employees pursuant to this Agreement.
6.5.c. Comprehensive automobile liability, with coverage to include all owned, hired,
non -owned vehicles, and/or trailers and other equipment required to be
licensed, covering personal injury, bodily injury and property damage, with a
combined single limit coverage of $1,000,000.00.
6.5.d. Each Party and its officers, employees and agents shall be named as additional
non-contributory co -insureds on all of the other Party's insurance policies,
except Workman's Compensation, during the entire term of this Agreement.
Said policies shall not be allowed to expire or be cancelled, nor shall said
coverages be reduced, without fourteen (14) days prior written notice to the
other Party.
6.5.e. Each Party understands and agrees that any insurance protection required by
this Agreement or otherwise provided by that Party, shall in no way limit the
responsibility to indemnify, keep and save harmless, and defend the other Party
and its officers, employees and agents as herein provided.
6.5.f. Each Party shall require any contractor performing any work on Property
subject to this Agreement to carry liability insurance and name the other Party
Page 10 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
as an additional non-contributory co-insured under such policies. The first Party
shall furnish copies of certificates of insurance evidencing coverage for any
contractor performing any such work to the otherParty.
Section 6,6, Mount Prospect may in its sole discretion and prior to the
construction of any Public Improvements declare this Agreement null and void by sending
the appropriate notice hereunder. River Trails may in its discretion, and prior to Mount
Prospect incurring the costs for design of the Recreational Park Amenity, Improvements
declare this Agreement null and void by sending the appropriate notice hereunder.
Section 6.7. This Agreement represents the entire agreement between the
Parties and supersedes all prior agreements, covenants, arrangements, understandings,
communications, representations or warranties whether oral or written by any officer,
representative, agent or employee of either Mount Prospect or River Trails as relates to
these Improvements. This Agreement shall inure to the benefit of all successors and
assigns of the parties hereto.
TO THE VILLAGE OF MOUNT PROSPECT.
Michael J. Cassady
Village Manager
Village of Mount Prospect
50 South Emerson Street
Mount Prospect, Illinois 60056
TO THE RIVER TRAILS PARK DISTRICT:
Bret Fahnstrom
Executive Director
River Trails Park District
401 East Camp McDonald Road
Prospect Heights, Illinois 60070
Section 6.8 Mount Prospect shall indemnify, hold harmless and defend River Trails and its
officers, employees and agents for and against all injuries, deaths, losses, damages, including
property damage, claims, suits, liabilities, judgments, costs and expenses, including
reasonable attorneys' fees, which may in any way accrue against River Trails and its officers,
employees and agents as a consequence of the acts or omissions of Mount Prospect's
officers, employees, agents and independent contractors pursuant to this Agreement, and
Mount Prospect shall, at its own expense, appear, defend and pay all charges of attorneys'
fees and costs and other expenses. River Trails shall indemnify, hold harmless and defend
Mount Prospect and its officers, employees and agents for and against all injuries, deaths,
losses, damages, including property damages, claims, suits, liabilities, judgments, costs and
expenses, including reasonable attomeys' fees, which may in any way accrue against Mount
Prospect and its officers, employees and agents as a consequence of the acts or omissions
of River Trail's officers, employees, agents and independent contractors pursuant to this
Page 11 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
Agreement, and River Trails shall, at its own expense, appear, defend and pay all charges of
attorneys' fees and costs and otherexpenses.
A Party shall provide notice to the other Party pursuant to Section 6.7 of this Agreement
in the event that any person or entity shall in any way provide notice to the Party of any claim
or demand pursuant to this Agreement from which the other Party shall be obligated to
indemnify, hold harmless and defend the Party pursuant tothis Section.
Nothing in this Agreement shall be construed as prohibiting Mount Prospect or River
Trails, and their officers, employees and agents from defending, through the selection and
use of their own agents, attorneys and experts, any claims, actions or suits brought against
them arising out of the performance of this Agreement.
Section 6.9. This Agreement constitutes the entire agreement between the
Parties, merges all discussion between them and supersedes and replaces any and every
other prior or contemporaneous agreement, negotiation, understanding, commitments
and writing with respect to such subject matter hereof. This Aoreement sets forth the
Parties' understanding as to how the Improvements described herein will be carried out
going forward. It should not be construed as irrevocably committing Parties to undertaking
and completing the Improvements, Notwithstanding anything to the contrary above,
should Mount Prospect decide to terminate this Agreement at any time after work on the
proposed Public Improvements has begun, Mount Prospect agrees to
repair/replace/restore Burning Bush Trails Park and/or Aspen Trails Park to the same
condition as they existed prior to the start of work on the Public Improvements. The cost
of such repair/replacement/restoration work shall be paid for by and be the sole
responsibility of Mount Prospect.
Page 12 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their respective officials on the dates as shown.
VILLAGE OF MOUNT PROSPECT
By:�
Date:
RIVER TRAILS PARK DISTRICT
u
By:
Date: '®z Y
Page 13 of 13
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
100 East Erie Street
Metropolitan Water Reclamation District Chicago, IL 60611
of Greater Chicago
Legislation Details (With Text)
File #:
19-0959 Version: 1
Type:
Agenda Item Status: Adopted
File created:
9/24/2019 In control: Stormwater Management Committee
On agenda:
10/3/2019 Final action: 10/3/2019
Title:
Authority to enter into an Intergovernmental Agreement with and make payment to the Village of
Mount Prospect for the design, construction, operation and maintenance of the Levee 37 Interior
Drainage Improvement Project under Phase II of the Stormwater Management Program (18-IGA-25),
in an amount not to exceed $1,348,000.00, Account 501-500000-612400, Requisition 1527520
Sponsors:
Indexes:
Code sections:
Attachments:
Date
Ver. Action By Action Result
10/3/2019
1 Board of Commissioners Approved Pass
TRANSMITTAL LETTER FOR BOARD MEETING OF OCTOBER 3, 2019
COMMITTEE ON STORMWATER MANAGEMENT
Mr. Brian A. Perkovich, Executive Director
Authority to enter into an Intergovernmental Agreement with and make payment to the Village of Mount
Prospect for the design, construction, operation and maintenance of the Levee 37 Interior Drainage
Improvement Project under Phase II of the Stormwater Management Program (18-IGA-25), in an amount not
to exceed $1,348,000.00, Account 501-500000-612400, Requisition 1527520
Dear Sir:
Authorization is requested to enter into an Intergovernmental Agreement (IGA) with and make payment to the
Village of Mount Prospect (Village), for the design, construction, operation and maintenance of Levee 37
interior drainage improvements under Phase II of the Stormwater Management Program.
On May 17, 2018, the Board of Commissioners authorized the District to begin negotiations with several
entities, including the Village of Mount Prospect, for IGAs that would include provisions allowing for the District
to provide funding towards the construction of various shovel ready stormwater projects. The Village proposes
to construct a 13.4 acre-foot detention basin and a 54 -inch diameter connection to existing storm sewers. This
project is intended to provide flood relief for 32 structures within the Levee 37 interior drainage area. The
District and the Village have agreed in principle to the terms of the IGA, which include payment by the District
towards construction costs of the captioned project in an amount not to exceed $1,348,000.00. Partial
payments to the Village will be made at predefined intervals during construction, which is anticipated to
commence in 2020. The Village has spent approximately $80,000.00 on engineering, property acquisition,
and other design -related project costs. The Village will also contribute approximately $2,432,000.00 towards
total construction costs, including construction inspection. The IGA requires the Village to advertise and award
the construction contracts in conformance with the District's Purchasing Act, Multi -Project Labor Agreement,
and Affirmative Action Requirements. The Affirmative action goals to be applied to the total amount of
Metropolitan Water Reclamation District of Greater Chicago Page 1 of 2 Printed on 10/11/2019
7c,,wo lod ly I a>gls= Ear I'll
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
File #: 19-0959, Version: 1
reimbursement provided by the District for this project are 20 percent for Minority -Owned Business
Enterprises, 10 percent for Women -Owned Business Enterprises, 10 percent for Small Business Enterprises
and 3 percent for Veteran -Owned Business Enterprises. The Village will assume responsibility for design,
construction, perpetual maintenance, and operation of the project and be solely responsible for any change
orders to the project. The IGA also contains provisions which allow the District to review the project's design
and perform inspections after the project is constructed.
Based on the foregoing, it is requested that the Board of Commissioners grant authority to enter into an IGA
with and make payment to the Village in an amount not to exceed $1,348,000.00. It is further requested that
the Chairman of the Committee on Finance, Executive Director and Clerk be authorized to execute said
agreement on behalf of the District, as well as any documents necessary to effectuate the transaction and
conveyance, upon approval by the Director of Engineering as to technical matters and by the General Counsel
as to form and legality.
The estimated expenditures for 2020 and 2021 are $1,100,000.00 and $248,000.00 respectively. Funds for
2020 and 2021 expenditures are contingent on the Board of Commissioners' approval of the District's budget
for those years.
Requested, Catherine A. O'Connor, Director of Engineering, WSS:JK
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board
of Commissioners for October 3, 2019
Metropolitan Water Reclamation District of Greater Chicago Page 2 of 2 Printed on 10/11/2019
7c,,wo lod ly I a>gls= Ear I'll
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
RESOLUTION NO. 15-21
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO TO UTILIZE PHASE II
STORMWATER GRANT FUNDS FOR THE CONSTRUCTION OF THE
ASPEN TRAILS PARK STORMWATERwIMPROVEMENTS.
WHEREAS, the Village of Mount Prospect (the "Village") is a home rule unit of government pursuant to
Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.,) authorizes
and encourages intergovernmental cooperation; and
WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago (hereinafter the "District"), a
unit of government within the meaning of the Constitution of the State of Illinois and the Village of Mount
Prospect, having the power and authority to enter into an intergovernmental agreement; and
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 (hereinafter
the "Act") which declares that stormwater management in Cook County shall be under the general
supervision of the District; and
WHEREAS, pursuant to Article II of the Illinois Municipal Code, 65 ILCS 5/11, the Village has the authority
to improve and maintain Levee 37 with its corporate limits; and
WHEREAS, the Act, as amended, specifically authorizes the District to plan, implement, and finance
regional and local activities relating to stormwater management in Cook County; and
WHEREAS, the Village proposes to construct a 15+ acre-feet detention basin connected to existing storm
sewers by a new 54 -inch diameter storm sewer to provide the public benefit of reducing flooding in the
Village; and
WHEREAS, the Village intends to design, construct, operate, maintain and own proposed flood storage
basin and associated 54 -inch diameter storm sewer which will comprise the Levee 37 interior drainage
improvement project; and
WHEREAS; the Village's proposed plans for the project may be approached more effectively, economically
and comprehensively with the Village and the District cooperating and using their joint efforts and
resources; and
WHEREAS, the size and scope of this Project would be substantially reduced but for the District's
commitment of financial and technical resources; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have deemed that the best
interests of the Village will be served by entering into the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct
the Mayor to execute the Intergovernmental Agreement between the Village of Mount Prospect and the
Metropolitan Water Reclamation District of Greater Chicago to utilize Phase II Stormwater Grant Funds
for the construction of the Aspen Trails Park Stormwater Improvements and made part of this Resolution
as Exhibit "A."
DocuSign Envelope ID: BAD047E1-5CBA-4842-B5CF-D53A2FCCC239
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 16h day of March, 2021
r)avu.4
Arlene A. Juracek
Mayor L
A EST:
Karen M. Agorano
Village Clerk
Aspen Trails MWRD Res pg 2 of 2