2011 Northerly Island RFP

7/28/2019 2011 Northerly Island RFP

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P-11060 2

LEGAL ADVERTISEMENT

Date Advertised: FRIDAY, NOVEMBER 18, 2011

CHICAGO PARK DISTRICTDEPARTMENT OF PURCHASING

REQUEST FOR PROPOSAL (RFP)FOR

NORTHERLY ISLAND EVENT VENUE - MANAGEMENT AND OPERATION

The submittal documents are available for download by clicking on Doing Business on theChicago Park District web site www.chicagoparkdistrict.com, and then on the List of current

contract opportunities (bids).

If you are not able to download this document, please call Trish Melchert, the contact person for this project, at(312) 742-4430, Monday Friday, between the hours of 8:30 a.m. and 4:30 p.m.

Location: The Chicago Park District Department of Purchasing541 N. Fairbanks Court, 3rd Floor

Chicago, IL 60611

Specification No.: P-11060

Description: The Chicago Park District invites the submission of proposals forNORTHERLY ISLAND EVENT VENUE MANAGEMENT AND OPERATION

Pre-submittal Meeting: Tuesday, November 29, 2011 at 11:00 A.M., C.S.T.Lower Level Conference RoomChicago Park District Administration Building541 N. FairbanksChicago, IL 60611

Questions: Any QUESTIONS must be submitted in writing to the Department of Purchasingby Friday, December 2, 2011 at 5:00 P.M., C.S.T.

Proposal Due Date: Monday, December 19, 2011 at 3:00 P.M., C.S.T.

Bryan TraubertPresident, Board of Commissioners

Michael P. KellyGeneral Superintendent and CEO

Raffi SarrafianDirector of Purchasing

LATE PROPOSALS WILL NOT BE ACCEPTED


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P-11060 4

TABLE OF CONTENTS

SECTION TOPIC PAGE

1. General Information ...................................................................................... 5

2. Proposal Information..................................................................................... 7

3. Project Scope ............................................................................................... 10Exhibit A........................................................................................................Exhibit B........................................................................................................Exhibit C........................................................................................................Exhibit D........................................................................................................

22232425

4. General Conditions ....................................................................................... 28

5. Special Conditions................................................................................................ 34

6. Notice Regarding MBE/WBE Participation.................................................... 35

7. Compliance Conditions: Minority- & Women-Owned Businesses................................ 36

8. Insurance Requirements ............................................................................... 42

9. Proposal Execution ........................................................................................ 44

10. Proposal Contents ........................................................................................ 45

11. Proposal Packaging & Delivery ..................................................................... 48

12. Evaluation and Selection Process ................................................................ 50

13. PROPOSAL SUBMITTAL FORMS................................................................ 52

A. Signature Page ......................................................................................... 53B. Cost Proposal / Fee Schedule Page(s)..................................................... 54C. Economic Disclosure Statement ............................................................... 72D. Financial Statement................................................................................... 85E. Legal Actions.............................................................................................. 86F. Self-Performance Affidavit.......................................................................... 87G. Subcontractor Form................................................................................... 88H. Vendor References.................................................................................... 89

I. Sustainability Statement Instructions & Statement................................... 90J. MBE/WBE Compliance Affidavit......................................K. MBE/WBE Utilization Reporting Requirements..

9294

14. No Proposal Response Form ....................................................................... 95


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P-11060 5

GENERAL INFORMATION

BACKGROUND

The Chicago Park District (hereinafter CPD) is a municipal corporation organized in 1934. It is governed by aseven-person Board of Commissioners appointed by the Mayor of Chicago, with the advice and consent of theCity Council. The Board of Commissioners appoints the General Superintendent, who is responsible for theCPDs day-to-day operations.

The CPD owns and operates over 8,100 acres of park property. This includes 580 parks and play lots, over 250staffed park recreation centers, 6 golf courses, 10 major museums, a stadium, a zoo, and 24 miles of lakefront,including 9 harbors and 31 bathing beaches. There are approximately 450 buildings in the system, includingseveral schools, which are used jointly with the Chicago Board of Education.

The CPD offers a wide range of recreational and educational programs featuring both physical and culturalactivities. For more information, visit www.chicagoparkdistrict.com.

REQUEST FOR PROPOSAL (RFP)

A Request for Proposal is the method of procurement used when elements such as experience, past

performance, resources, method of approach, and other criteria may outweigh cost. The CPD will reviewsubmitted proposals in accordance with the evaluation criteria set forth herein. Prior to award of contract, theCPD may engage in discussions with responsible submitters and allow or negotiate proposal revisions.Contents of proposals are not publicly disclosed until after contract award.

CONTRACT AWARD

The CPD may award this contract based on the initial proposals received, without discussion of those proposalswith the submitters. Alternately, prior to final selection, the CPD may conduct interviews and discussions withprospective awardees.

Ultimately, a contract will be awarded to the responsive, responsible, and compliant submitter whose proposal

has been determined to be the most advantageous to the CPD, in accordance with theEVALUATION CRITERIA

setforth in this Request For Proposal. All factors will be considered.

The CPD reserves the right to award this contract (1) to more than one company, and (2) as may be set forth inthe scope of work and/or cost proposal pages.

In addition, the CPD reserves the right to reject any and all proposals, or to withdraw, cancel, or reissue thisspecification, in whole or in part, in the event that competition is deemed inadequate or that it is otherwise in thebest interest of the CPD.

TERM OF CONTRACT

This contract shall be effective from the date of contract execution and shall continue in effect for a period of

TWO (2) YEARS, subject to the terms and conditions of the contract. The Director of Purchasing may extendthis contract for three (3) additional one-year periods, under the same terms and conditions of the originalcontract period, subject to user department approval. Contractor will receive written notification of such anextension.

If the contracted vendor is unable or unwilling to agree to an upcoming extension option, the contractor mustnotify the Director of Purchasing, in writing, at least thirty (30) days prior to the contracts expiration date.

The CPD reserves the right to extend the contract period by no more than 180 calendar days, either (1) in lieu ofexercising an extension option, or (2) following the exhaustion of all option periods, in order to provide continuityof service while procuring a replacement contract.


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P-11060 6POST-SUBMITTAL INFORMATION

After the RFPs due date, submitters may track the progress of this project from the evaluation process to awardand contract execution by clicking on the Bid Status link on the Department of Purchasings home page.

End of General Information


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P-11060 7

PROPOSAL INFORMATION

The Special Conditions (if any), the General Conditions, and the specification shall govern, in that order, ifthere is any conflict between the submittal requirements, the Special Conditions, the General Conditions, andthe specification.

1. EXAMINATION OF PROPOSAL DOCUMENTS

Each submitter may obtain one copy of the RFP package in the manner provided in the advertisement.Chicago Park District RFP documents obtained from any source other than the CPD cannot beassumed to be complete, and proposals prepared from such documents are subject to rejection.

It is expected that each submitter will read the entire RFP document with care, and will submit the formsand affidavits contained in this RFP without alteration. The CPD will not accept RFP forms that havebeen recreated or reformatted by the submitter.

It is also expected that each submitter will carefully review its proposalbefore submittal to theDepartment of Purchasing, to confirm that it meets all requirements set forth in the RFPs PROPOSALEXECUTION and PROPOSAL CONTENTS. The submitters negligence in these matters, or the failure of thesubmitter to ask relevant questions before the submittal due date, will not relieve the submitter of anyobligations to comply, in every detail, with all provisions and requirements of the RFP document, if thesubmitter is awarded a contract. Conversation with an attorney is recommended, since this documentmay have important legal consequences.

2. PRE-SUBMITTAL MEETINGS

IF THERE IS A MANDATORY PRE-SUBMITTAL MEETING, and the prospective submitter does notattend, he/she cannot submit a proposal. Additionally, if a non-attendee attempts to submit a proposal,that proposal will not be considered.

IF THERE IS A NON-MANDATORY PRE-SUBMITTAL MEETING, attendance is not required but isstrongly recommended.

IF THERE IS NO SCHEDULED PRE-SUBMITTAL MEETING and a prospective submitter is in doubt asto the true meaning of any part of the RFP, he/she may submit to the CPDs Director of Purchasing (orhis/her designee) a written request for an answer, an interpretation, or the correction of any ambiguity,as set forth below.

3. QUESTIONS & ANSWERS

QUESTIONS MUST BE SUBMITTED IN WRITING by 5:00 p.m.,Central Standard Time, FRIDAY,DECEMBER 2, 2011, whether or not you attend any pre-submittal meeting. Questions submitted laterwill not be answered.

Failure on the part of the prospective submitter to receive written interpretations, clarifications, oranswers prior to the time of receipt of proposals will NOT be grounds for the withdrawal of thesubmitters proposal after it is submitted.

ANY CORRECTION, REVISION, ANSWER, or CLARIFICATION of the proposal documents will bemade only by a written addendum (if something in the RFP is changed) or a Clarifications / Answersdocument (if nothing in the RFP is changed.) duly issued by the Director of Purchasing or designee.

A copy of such an ADDENDUM (or Clarifications / Answers) will be faxed, mailed, or e-mailed to eachperson recorded as having obtained a copy of the RFP from the Chicago Park District. It will also beuploaded to the RFPs individual page on the CPD website. The CPD will not be liable for thesubmitters failure to obtain or download any addenda that may be issued for this RFP. It is the soleresponsibility of the submitterto obtain such addenda. No ADDENDA will be issued later than five (5)days prior to the date the proposals are due, unless it is an addendum canceling the Request forProposal, or one that includes the postponement of the proposals due date.

SUBMITTER MUST ACKNOWLEDGE RECEIPT OF EACH ADDENDUM ON THE RFPS SIGNATUREPAGE. It is not necessary to acknowledge receipt of a Clarifications / Answers document.

IF REPRESENTATIVES OF THE CPD ADDRESS QUESTIONS AT A PRE-SUBMITTAL MEETING, nosuch statements made shall in any way bind the CPD. Prospective submitters must still submit all


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P-11060 8questions in writing to the Director of Purchasing (or his/her designee) by the date and time specifiedherein. A reply, if any, will be issued in the form of an addendum or a clarification, as set out above.

4. FORMS

Remove and complete ALL of the forms listed on p. 45 in the PROPOSAL CONTENTS. For purposes of

comparisons between submitters, USE AS IS. DO NOT scan and reformat these forms. Anyproposal submittal form that has been reformatted or re-created in any fashion by the submitter may besummarily rejected. Sign appropriately and have notarized where required.

5. SUBCONTRACTORS

Submitter shall include in its proposal the names of ALL subcontractors that the submitterproposes to utilize for the performance of all subdivisions of work, together with the division of work.The contractor shall subcontract only with competent and responsible subcontractors. The CPDreserves the right to approve all subcontractors.

Awardee shall not replace any subcontractor or add or subtract subcontractors without the prior writtenconsent of the Director of Purchasing of the Chicago Park District. Such consent by the CPD shall notbe unreasonably withheld.

6. EXCEPTIONS TO THE PROPOSAL

Any deviations from the RFP must be noted on the relevant proposal page(s), with the exact nature ofthe change(s) outlined in sufficient detail in a cover letter. The reason for such deviations should alsobe included. CAUTION: The CPD will evaluate the impact of such exceptions to the specifications, andreserves the right to disqualify proposals that do not completely meet the specification requirements.NOTE: Changes, additions, or deletions made to the General Conditions by the submitter are includedin this disqualification caution.

Failure of a submitter to comply with the terms of this paragraph also may be cause for rejection of theproposal.

7. COMPETENCY OF SUBMITTER

The submitter, if requested, must present within a reasonable time (as determined by the Director ofPurchasing or his/her designee) evidence satisfactory to the Director of Purchasing or designee of

ability to successfully perform on any contract awarded pursuant to this proposal, and the possession ofnecessary facilities, labor, materials, equipment, supplies, expertise, financial resources, and adequateinsurance to comply with all of the terms of this RFP and any contract awarded pursuant to itsprovisions.

No contract will be awarded to any person, business or corporation that is in arrears or is in default withthe CPD upon any debt of contract, or that is defaulter, as surety or otherwise, upon any obligation tosaid CPD, or has failed to perform faithfully on any previous contract with the CPD.

8. WITHDRAWAL OF PROPOSAL

Submitters may withdraw their submitted proposals at any time prior to that specified in theadvertisement as the closing time for receipt of the RFP. However, after said advertised closing time forthe receipt of proposals, no submitter shall withdraw or cancel his/her proposal for a period of ninety

(90) calendar days unless a longer time period has been mutually agreed to by both parties. Nor shallthe successful submitter withdraw or cancel or modify his/her proposal after having been notified by theDirector of Purchasing that said proposal has been accepted for award consideration by the CPD.

9. ERRORS IN PROPOSALS

Submitters are cautioned to verify their proposals prior to submission. Negligence on the part of thesubmitter in preparing the proposal confers no right of withdrawal or modification of the proposal afterthe closing time for its receipt. Inadvertent errors (such as the omission of one page of a multi-pagedocument) that have a correction submitted after the designated submission time may be considered atthe sole discretion of the Chicago Park District if the submitter submits with the correction sufficientinformation to prove that the error was inadvertent. Such amendments are not favored and, in the caseof doubt, requests will be denied.


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P-11060 910. LATE PROPOSALS

Late responses will not be accepted. The Chicago Park District does not specify the method by whichproposals are to be delivered; therefore, it cannot be held responsible for any delay, regardless ofreason, in the receipt of proposals in the Department of Purchasing. Proposals delivered by mail ormessenger will be considered only when said proposals are received in the Department of Purchasingat or before the due date and time. The CPD does not guarantee that proposals received in the buildingby mail or messenger will be delivered to the Department of Purchasing before the time due. Proposals

thus delayed will not be considered and will be returned unopened. Any material misrepresentationsmade by the respondent(s) will void the response and eliminate the respondent(s) from furtherconsideration. The Chicago Park District reserves all rights with regard to this solicitation.

11. INCURRED COST

All costs incurred in the preparation and submission of proposals shall be borne by the submitter.

12. RETURN OF PROPOSALS

The CPD is under no obligation to return any proposals or materials submitted by the submitter as aresponse to this RFP.

13. RESERVED RIGHTS

The Director of Purchasing or assignee shall represent the CPD in all matters pertaining to this RFP,and reserves the right to reject any and all proposals, or to withdraw, cancel, or reissue thisspecification, either in whole or in part, in the event that competition is deemed inadequate or that it isotherwise in the best interest of the CPD.

The Director of Purchasing or assignee also reserves the right to disregard any minor informality in theproposal when, in his/her opinion, the best interests of the CPD will be served by such action.

End of Proposal Information


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P-11060 10

PROJECTSCOPE

INVITATION

The Chicago Park District (CPD) is soliciting proposals from experienced companies to manage and operate amulti-use, year round event venue at Northerly Island (venue).

The awardee must have the professional qualifications and experience necessary for the satisfactoryperformance of all services required by this RFP, and shall provide all labor, materials, equipment, and vehiclesnecessary for the performance of all services in accordance with the terms and conditions of this specification.The services and materials provided must be competitively priced, of the highest and best quality, and deliveredin a timely manner. Finally, the awardee will perform its services in a professional and courteous manner.

SCOPE OF SERVICES

INTRODUCTION

Venue Description

The venue sits on an eight (8) acre footprint at the north end of Northerly Island. Its current capacity holdsapproximately 8,000 people, and is an open air facility. Refer to Exhibits A and B for an aerial view and currentfootprint.

There is existing infrastructure, fixtures, and amenities at the venue that will be available to the awardee. Theseinclude: (i) asphalt main floor and paths; (ii) gravel and gravel paths; (iii) lawn areas; (iv) light poles; (v) lighting;(vi) perimeter fence; (vii) sign at the front entrance; (viii) trees; and (ix) utilities (e.g. electricity, plumbing, sewers,and water).

The grandstands, kiosks, office trailers, stage, and video screens are not permanent to the venue.

Anticipated Schedule

The anticipated schedule for this project is as follows:

Advertisement of RFP November 2011

Proposal Due Date December 2011

Contract awarded No later than February 2012

Open for first show Early Summer 2012

OPERATIONS

Introduction

The awardee shall provide general upkeep and custodial services, as well as routine preventative maintenance

to maintain the venue in a clean, safe and attractive state and keep all areas free of debris, dirt, and litter at alltimes. The awardee shall also be responsible for any/all repairs at the venue.

The awardee shall provide maintenance services during events and as necessary when there are no events atthe venue. Additionally, the CPD may direct the awardee to provide and/or increase these services at any time.

Responsibilities

The awardees operations responsibilities include the following:

1. Concessions. Maintain, clean, repair, and keep in a safe, secure, and orderly condition all concessionand retail areas.


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P-11060 112. Electrical. Maintain all lights and any electrical infrastructure at the venue, and provide any portable

power sources (e.g. generators) where necessary.

3. Energy Conservation. Implement, as reasonably requested by the CPD, an energy conservationprogram designed to reduce utility expenses at the venue. The program will include: (a) a review ofprocedures in similar facilities to determine areas where utility conservation programs can beestablished; (b) establish preventive maintenance programs to improve equipment efficiency andreduce the probability of equipment malfunction; (c) establish equipment usage schedules; and (d)implement start-up procedures for equipment to improve the efficiency of the equipment during periodsof heavy usage.

4. Environmental Stewardship. The awardee shall use green, eco-friendly methods and whenpossible, implementing procedures to decrease the negative environmental impact of the venue. Thisprogram shall include sustainable cleaning systems, strategies, and products. Cleaning andmaintenance equipment used should reduce their impact on air quality, be low energy, and low-emissions.

5. Fences. Maintain, repair, and replace, when necessary, all fences at the venue.

6. Flags. Maintain, provide, repair, and replace (when necessary) all flags, flag poles, and flag ropes.

7. First Aid Station. Maintain, clean, and supply all first aid station(s).

8. Fire Prevention Equipment and Life Safety Systems. Maintain, in proper working order, all fireprevention equipment (e.g., fire alarm call boxes, fire extinguishers, hose boxes and systems) and lifesafety systems.

9. Garbage Collection, Removal and Recycling Services. Collect, remove, and dispose all debris,garbage, litter, and trash from all areas of the venue at all times. Additionally, provide separatecontainers for waste and recyclable materials and arrange for the separate collection, storage, removal,and disposal of all waste and recyclables. Containers and receptacles shall be clean, repaired, andreplaced as needed to maintain clean, safe, and sanitary conditions at all times.

All storage, removal, and disposal of waste materials and recyclables shall be done in compliance withall applicable ordinances, statutes, and regulations.

10. Grandstands. Maintain, clean, and repair any grandstands, and components including handrails,ramps, walkways, aisles, steps, and supporting structures when necessary.

11. Graffiti Removal. Remove all graffiti applied to surfaces at the venue. The materials and processesused to remove the graffiti must be approved by the CPD and shall not impair any warranties.

12. Hardscape. Maintain and repair any hardscape including asphalt and concrete.

13. Landscape. Maintain all flower beds, grass, planting beds, shrubs, trees, berms, and any other items orareas at the direction of the CPD. This responsibility also includes weed removal.

Areas to be maintained include all areas inside and areas directly outside the facility.

14. Office Space. Maintain, clean, and repair all office space, including the box office.

15. Painting. Paint all applicable interior and exterior surfaces when necessary.

16. Pest Control. Establish and maintain an integrated pest control program that minimizes the infestationof pests, birds, and vermin in accordance with all applicable ordinances, statutes, and regulations.

Areas of responsibility include inside the venue and the areas directly around it.

17. Plumbing. Maintain, repair, replace and keep in good working order all infrastructure and above-groundfixtures.

19. Power Washing. Where appropriate and when other ecologically friendly mechanical or hand sweeping


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P-11060 12methods are inadequate, power wash surfaces to maintain a clean and attractive appearance of anyarea or structure.

20. Public Address System. Maintain, repair, and replace the public address system at the venue whennecessary.

21. Restrooms. Maintain, clean, and supply all restrooms. Supply all rest rooms with soap, towels, andtoilet paper (supplies), provide for their disposal, and keep them in adequate quantity at all times ineach restroom. The supplies should be green products where possible.

22. Seats. Maintain, clean, repair, and replace all seats when necessary.

23. Signs. Clean, maintain, repair, and replace all signs when necessary. Additionally, install new signs, asnecessary or as directed by the CPD.

24. Stage and Band Shell. Clean, maintain, repair, and keep in a safe condition the stage and band shell,all supporting structures, and anything attached to it (e.g. lights, sound systems, screens/wraps etc.)

25. Storage Areas. Maintain, clean, secure, and keep orderly / in safe condition all storage areas and theitems in them at all times.

26. Video Boards and Screens. Maintain, repair, and replace any video boards and screens when

necessary.

27. Walkways. Maintain, clean, repair and keep all walkways in a safe condition.

Furniture, Fixtures, and Equipment

The CPD will not provide any furniture, fixtures, equipment or supplies necessary for the operation,management, maintenance, repair, and upkeep of the venue. The awardee shall keep all maintenance andcustodial equipment in good repair and working order, including replacement parts. Where possible, theawardee shall use equipment that is green and eco-friendly (see #4, Environmental Stewardship, above).

MANAGEMENT

Generally, management services includes: (i) Booking and Scheduling Events; (ii) Box Office, Tickets, andAttendance; (iii) Capital Management, Planning, and Improvements; (iv) Concession and Retail Services; (v)Parking and Traffic Management; (vi) Security and Crowd Control; and (vii) Administrative Services; (viii)Marketing; (ix) Office Operations; (x) Personnel; (xi) Records and Audits; and (xii) Vendor Management andProcurement.

Booking and Scheduling of Events

The goal for booking and scheduling events at the venue is to produce a mix of events appealing to allsegments of the local and regional population, including: concerts, family shows, trade shows, civic events,meetings, cultural and theatrical events, and corporate events. See Exhibit D for the past schedule of eventsfrom 2006-2011.

The awardee shall be responsible for booking and scheduling events at the venue. The venue is publicly-owned, and prior to each event season, the awardee and the CPD shall discuss the possibility of holding eventswhich will serve the community and the patrons of the CPD.

The awardee shall cooperate with and keep the CPD reasonably informed regarding proposed events at thevenue. Accordingly, the awardee shall provide the CPD notice prior to booking any event. The notice shallinclude the name, nature, time, and date of the event. Booking events at the venue are subject to, and must beconsistent with applicable Law.

The CPD shall retain the right to disapprove any proposed event at the venue. Upon receipt of the CPDs noticeof disapproval, the awardee shall refrain from booking the proposed event.

In addition to the CPD, the awardee shall coordinate and notify the Museums on Museum Campus, the Soldier


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P-11060 13Field Manager, and the Parking Facilities Manager regarding booking and scheduling events at the venue.

The awardee shall develop a booking policy and marketing plan for the venue and submit them to the CPD forits review and information.

Box Office, Tickets, and Attendance

The awardee shall maintain control and direction of the box office, box office personnel, and revenue from ticketsales with respect to events at the venue. The awardee shall have the right to utilize service providers for all ora portion of the foregoing. The box office must be open on the morning of the day of a show.

The awardee shall issue tickets or some other form of authorization by the awardee for admission to the venue(tickets). The awardee shall use its reasonable efforts to ensure that only those persons who present a ticketby the awardee for admission to the venue are admitted.

The awardee shall designate and reserve a reasonable number of seats for Disabled Patrons. In no event shallthe number of reserved seats for the Disabled Patrons be less than is required by applicable Law. The awardeeor its designated ticket agent shall make tickets available to Disabled Patrons at the same time that tickets firstgo on sale to the general public.

The awardee shall determine, with its sole discretion, the prices for tickets for admission to the venue, themanner in which such tickets are to be sold, and the terms and conditions of such tickets; provided that the

manner in which such tickets are to be sold, and the terms and conditions of such tickets shall be consistentwith, and shall not violate the terms and conditions of this agreement.

The awardee shall maintain appropriate records to determine attendance and number of tickets issued and soldfor events. When requested, the awardee shall provide the CPD with accurate information regardingattendance and number of tickets issued and sold for events.

The number of individuals attending an event shall not exceed the maximum attendance allowed by applicableLaw. This includes all invitees, awardees personnel, media and broadcasters, and other persons,

Capital Management, Planning, and Improvements

Capital improvements shall mean work, improvements, modifications, changes, enhancements, replacements,

upgrades, and non-ordinary repairs and maintenance to the venue or any part or component thereof. This shallinclude:

1. Those which are reasonably determined by the CPD to be necessary to ensure either thestructural soundness of the facility, public safety, and/or health of persons at the venue (health andsafety capital improvements);

2. Those which are required by law, including the ADA (legally required capital improvements); and3. Those which are reasonably determined by the awardee to be necessary to permit the venue to be

used for its intended purposes.

In general, the awardee shall be obligated to perform and pay the cost of all health and safety capitalimprovements, legally required capital improvements, and ordinary capital improvements as mentioned above.

Design

Re-designing and/or re-building the venue, or portions of it, is not required of the awardee, and the awardeemay choose to keep the venue unchanged. Alternatively, the awardee may choose to re-design the venue orportions of it. Whether the awardee chooses to re-design or not, the existing infrastructure mentioned above willbe available for the awardee to use. If, the awardee chooses to re-build and/or re-design any portion(s) of thevenue, the awardee shall be responsible for any related costs. Any design change must be approved, in writing,by the CPD.

It is possible that any design change may require a review pursuant to the Lakefront Protection Ordinance.

Existing Infrastructure


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P-11060 14As mentioned above there is existing infrastructure in place at the venue that will be available for the awardeeto use. If the awardee chooses not to use any of the existing infrastructure mentioned above, it will beresponsible for the removal of existing infrastructure and the installation of any replacement infrastructure.Lastly, the awardee shall provide and install the non-permanent components at the venue that are mentionedabove.

Management

The awardee will: (i) oversee, monitor, and manage the progress of all approved capital improvements; (ii)ensure that neither the awardee nor any subcontractor take any action that impairs, compromises, or minimizesany warranties provided in connection with the capital expenditure, and awardee shall cause its subcontractorsto follow the maintenance, documentation, and reporting requirements necessary to keep such warranties in fullforce and effect; (iii) provide the CPD and its agents with reasonable access to the capital project in order toinspect the progress and condition of the capital improvement and capital equipment; and (iv) comply with allapplicable statutory, procedural, and policy requirements of the CPD.

Procurement

Without limiting, and in accordance with the above, the awardee shall: (i) advertise and solicit bids andproposals for the capital expenditure(s); (ii) review and make recommendations to the CPD regarding theproposals received; (iii) negotiate prices, terms, and conditions with all vendors and subcontractors; (iv) ensurethat the contracts and agreements entered in connection with the capital improvements contain CPD

requirements; and (v) comply with all applicable statutory, procedural, and policy requirements, includingcompetitive bidding, and MBE/WBE requirements of the CPD.

Capital Plan and CPD Approval

By November 1st

of each calendar year, the awardee shall provide the CPD with a plan for anticipated capitalimprovements for the following year, and will be subject to the CPDs approval.

Accordingly, it is possible that any construction may require permits and approvals pursuant to the LakefrontProtection Ordinance. All costs associated with permits and ordinance compliance is the sole responsibility ofthe awardee and will be no cost to the CPD.

Permits

The awardee shall be responsible for obtaining all permits, and all fees associated with such, related to thecapital improvements.

Capital Equipment

The awardee may rent or lease capital equipment in partial satisfaction of its obligations under this agreement.Additionally, all capital equipment rental agreements shall terminate as of the termination of this agreement.The awardee shall indemnify and hold the CPD harmless for any and all liabilities and obligations arising from orrelated to the rental of capital equipment. Finally, upon termination, the awardee shall resign all capitalequipment rental agreements to the CPD to the extent such capital rental agreements are freely assignable andsubject to the CPD entering into a written assignment and assumption agreement with the awardee.

Standards

The awardee shall use commercially reasonable efforts to ensure that all the capital improvements for which it isresponsible are performed in a good and workmanlike manner, and are consistent with the drawings,specifications, design, materials and quality of the original construction.

Furthermore, any capital improvement at the venue shall be in accordance with all applicable city, state, andfederal laws and codes. Also, any construction at the venue shall be as sustainable as possible. All architectsand contractors involved in the construction and/or design elements shall have experience on projects similar insize, shape, and location to the venue. All construction and design will also conform with the standard of careand quality provided by architects and contractors having experience on projects similar in size, shape, andlocation to the venue. Additionally, all services shall be performed in a good and workmanlike manner. Finally,the awardee shall be responsible for all losses and damages caused by its performance of its construction


15/95

P-11060 15obligations.

Minimum standards for the work include:

1. Lakefront Protection Ordinance;2. Chicago Landscape Ordinance;3. All Applicable ADA Codes;4. Chicago Building Code;5. Chicago Energy Code;6. Chicago Standard: Building Healthy, Smart and Green; and7. The terms, conditions, and scope contained in this specification.

CPD Responsibilities

The CPD, at its own cost and expense, shall be obligated to perform and pay the cost of capital improvementswhich are required or needed as a result of CPD misuse. The CPD shall use commercially reasonable efforts toensure that all the capital improvements for which it is responsible are consistent with the design, drawings,specifications, materials, and quality of the original construction.

Concession and Retail Services

The awardee shall manage and oversee a program for the sale of concessions and merchandise at the venue.

Responsibilities include the following:

1. Providing concessionaires;2. Monitoring concessionaires;3. Ensuring all concession areas are clean;4. Implementing procedures to prevent unauthorized vendors from selling concessions and merchandise

at the venue;5. Obtaining and maintaining (or causing to be obtained and maintained) all necessary permits; and6. Ensuring that concessionaires are in compliance with all applicable health and safety codes.

The awardee is obligated to perform and pay for all concession and retail services. The CPD is not responsiblefor any concession or retail services.

The awardee shall ensure the concessionaires provide concessions for all events. No concession ormerchandise shall be sold at the Venue which is not suitable for a public building.

Each concessionaire contract or agreement shall provide the concessionaire: (i) obtain all appropriate licensesand approvals for the conduct of its operations, (ii) equip, furnish, clean, and maintain its concession area in anappropriate manner and as required by applicable Law, (iii) indemnify the CPD and the awardee for itsoperations, and (iv) obtain adequate insurance policies naming the awardee and the CPD as additional insured,and providing coverage for personal injuries and physical damage to the Facility as a result of its operations.

By April 1st of each year the awardee shall submit a concession, catering and retail plan to the CPD for review.Such plan shall include menu and pricing information as well as VIP and retail locations.

Parking and Traffic Management

Parking Facilities

The CPD will provide, and make available, parking spaces for the awardees and patron use. A mutuallyagreed upon number of parking spaces in the in the Adler Planetarium Lot will be made available to theawardee for VIP use for each event at the venue. It is the awardees discretion on the use of, and sale of thesespots. An additional number of parking spaces located throughout Northerly Island will be made available forthe awardees staff and vendors. Use of any lot will be approved by the CPD and coordinated with the CPDand the Soldier Field Manager.

The Museum Campus parking lots and garages, including the Soldier Field Parking Garages are operated byStandard Parking. The awardee is not responsible for the management and maintenance of these lots.


16/95

P-11060 16Traffic Management

The awardee will be required to provide staff to direct and manage the traffic flow and pedestrians duringingress and egress for each event and in cooperation with the City of Chicago and the Adler PlanetariumParking Lot manager. Additionally, the CPD may direct the awardee to provide staff where necessary.

Shuttle Service

The awardee shall arrange and provide for shuttle or other services to transport event patrons from the SoldierField Parking Garages to the venue. The shuttles must be able to transport people with disabilities.

Staff and VIP Parking

The awardee shall provide the number of VIP parkers to the CPD and the Soldier Field parking manager nolater than the morning of each event.

The awardee shall make the VIP and Staff parking passes for each season. The awardee shall provide theCPD copies of these parking passes in advance of the start of each season. If there are changes to either orboth parking passes, the awardee shall provide those revised passes to the CPD.

Cooperation

The awardees parking and traffic management responsibilities shall also include coordinating and cooperatingwith the CPD, Chicago Police Department, other applicable Governmental Authorities, the Soldier Field parkingmanager.

Security and Crowd Control

The awardee shall be responsible for security and crowd control, and emergency medical services for thecustomers, employees, visitors, and users of the venue. Additionally, the awardee shall cooperate with the CPDregarding security and crowd control services, when required.

The awardees responsibilities include:

1. Interaction with the CPD, Chicago Police Department and other applicable GovernmentalAuthorities;2. Reasonable preventative and proactive security procedures for the reasonable protection of event

patrons, equipment and physical facilities before, during, and after an event;3. Concession and alcohol management, including checking IDs;4. Gate access and management;5. Perimeter control and security before, during, and after any event, including 12th Street Beach;6. Emergency planning;7. Backstage and VIP area security and monitoring;8. Providing security in front of and around the stage;9. Providing security on the floor during an event;10. Monitoring and crowd management at the Venue;11. Credential procedures and checking credentials;12. Post-event crowd management and monitoring;13. 24 hour a day, seven days a week monitoring of the venue (the extent of which shall be determined by

the awardee);14. Implementing reasonable procedures to address felonious behavior, such as theft, burglary, and

misdemeanors;15. During an event, provide appropriate EMS staffing for medical emergencies and appropriate medical

policy implementation;16. Crowd control and management in the areas adjacent to the venue, including the perimeter of Burnham

Harbor, and the Adler Planetarium;17. Ensuring that all security, crowd control, and EMS personnel are all properly licensed by the City and

State; and18. Any other measures as directed by the CPD.


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P-11060 17Schedule

The awardee shall provide the above services during events and as necessary. The CPD may direct themanager to provide these services at any time.

Administrative Services

Bank Accounts

The awardee shall establish separate interest-bearing commercial bank accounts at banks approved by theCPD. One shall be used as a depository of revenue (working cash and capital advances) and the other forpayment of expenditures (capital and operating expenditures).

Budget

The awardee shall prepare and submit a detailed, annual budget to the CPD for review. This shall include (1) anannual operating budget and (2) an annual cash flow budget for the next fiscal year. Both shall meet the scopeof services and objectives identified in the RFP; include all revenues and expenses related to the management,operation, maintenance, and promotion of the venue; and contain appropriate line items for operating revenues,operating expenses, and budgeted net operating income.

Collection of Revenue

The awardee shall collect, administer, and hold in trust for the benefit of and as a fiduciary for the CPD, alloperating revenues, working cash advances, deficiency advances, advances for capital expenditures, and allother amounts received in connection with its services under the RFP. See Exhibit C for a list of revenuestreams from 2005-2011.

Financial Reporting

Flash ReportsWithin five (5) days after the conclusion of each event at the venue, the awardee shall transmit a tentativesettlement report to the CPD General Superintendent or his authorized representative. The report shall include,at a minimum: the number of attendees, the number of tickets issued, public sector event costs, gross

concession revenues, and any other information as the CPD may reasonably request.

Venue Fee InformationThe awardee shall provide a year-end reconciliation and any other information as the CPD may reasonablyrequest to confirm the venue fees, and other payments to be paid by the awardee under this agreement. TheCPD may conduct (or direct a third party to conduct) an audit of the awardees records to confirm the venue feesand other payments to be paid by the awardee under this agreement.

Accounting and Record KeepingThe awardee shall maintain financial and accounting books, records and reports (records) of the venue feesand other payments to be paid by awardee hereunder and awardee shall use accounting and record systems inaccordance with GAAP in the maintenance of such records.

The rights and obligations under the Financial Reporting section shall survive for two (2) years following thetermination of this agreement.

MarketingGeneral

The awardee shall have the following marketing rights with respect to the venue: naming, product, signage, andsponsorship. Regarding each right, the awardee may:

1. Sell or license each specific right;2. Oversee, control, and implement a specific marketing rights program; and3. Negotiate and enter into all agreements related to the sale or license of the marketing right.


18/95

P-11060 18The CPD assumes no risks as to the success of the naming, product, signage, and sponsorship programs.

The awardee may erect, display, place, and affix signage at the venue as part of any marketing right.

In addition to the marketing rights, the awardee shall provide a web page to facilitate the marketing of the venue.

The CPD may make CPD resources available for marketing and advertising initiatives for the venue.

Limitations

There are limitations on the marketing rights agreements and plans that the awardee may negotiate anddevelop. Accordingly, any and all marketing rights agreement shall:

1. Terminate upon the termination of this agreement;2. Not contain any term or condition that is inconsistent or in conflict with

a. This agreement;b. Any marketing plan; orc. The CPDs constitutional obligations.

3. Comply with the Code of the CPD;4. Not be for any immoral purpose, including, sexually oriented business, strip club or birth control products

or practices; and

5. Require that any signage be suitable for a public building and the Museum Campus.

In addition, any naming rights agreement will require that the commercial name for the venue:

1. Retain Northerly Island as part, and the term Northerly Island be no less prominentthan any other part of the commercial name; and

2. Not be possessive of Northerly Island (e.g. ABCs Northerly Island).

No party contracting with the awardee under any marketing rights agreement shall: (i) be delinquent on thepayment of any taxes or licensing fees or other fees owed to the City of Chicago, Cook County, or the State ofIllinois; (ii)be convicted of a criminal offense or had a civil judgment rendered against them for improperlyobtaining, attempting to obtain, or performing a public transportation or contract under a public transportationwithin the past five years from the date of the agreement; (iii) be disqualified to enter into a contract with either

the CPD or the City; or (iv) be under investigation for any of the foregoing.

Approval Rights

The marketing plans signage plan shall be developed by the awardee but are subject to the approval of theCPD. The signage plan shall comply with the Code of the CPD and the agreement. All signage in connectionwith a naming rights agreement or with a sponsor which is a national or regional sponsor for awardee or anaffiliate of awardee shall be deemed approved as long as such signage is professionally prepared, not immoral,and is in compliance with the terms of the agreement. The CPD shall review and approve the signage.

CPD Reserved Rights

The CPD reserves the following rights: (i) to sell or to authorize others to sell sponsorships for public sectorevents; (ii) to sell, display, place, affix, or authorize others to sell, display, place or affixtemporary signage and advertising inside and outside the venue in connection with a public sector event; (iii) tocover up, displace, electronically superimpose over or authorize others to cover up, displace or electronicallysuperimpose over the awardees signage during a public sector event, and in no event shall any signage of anaming rights agreement be displaced, removed or obstructed; and (iv) to approve any marketing rightsagreement.

Signage Rights

Signage rights sold or licensed to others by the awardee may be for one (1) or more events or event seasons.No permanent exterior signage shall be permitted except in connection with name in title rights. Temporaryexterior signage such as banners and portable signs may be displayed during events. All interior signage(excluding normal concession signage and non-commercial informational signage) shall not be readily visible


19/95

P-11060 19except during events and two (2) hours prior to any event, and/or one (1) hour after any event. No signage(excluding non-commercial informational signage) shall be illuminated, except on event days. Finally, nosignage shall be illuminated after midnight.

Signage Rights - Costs and Expenses

The awardee shall be responsible for all costs and expenses in connection with the awardees signage andsignage related to naming rights including directional signage.

Product Rights

Product rights mean the right (or license to concessionaires the right) to sell, supply, or provide concessions ormerchandise at the venue.

Product rights shall not apply to public sector events except with respect to products sold by theconcessionaires of awardee. If the products are sold at public sector events, the CPD hereby agrees that in noevent shall any concessions or merchandise sold or provided conflict with, or be in violation of any exclusiveproduct rights agreement between the awardee and any other person.

Office Operations

The awardee shall provide its own office space at the venue. Any furniture, fixtures, and equipment the

awardee requires must be paid for by the awardee at its own cost and expense.

Personnel

The awardee shall select, hire, train, furnish, deploy, discipline, discharge and supervise all labor andemployees in order to perform the services identified in this RFP.

The awardee shall perform background checks on all employees, including criminal background checks,fingerprinting, and such other checks as may be required by applicable law, and similar to those conducted bythe CPD on its employees.

All personnel provided by the awardee shall be deemed employees of the awardee and shall not, for anypurpose, be considered employees of the CPD. The awardee shall assume full responsibility for the actions of

all such personnel, and shall be solely responsible for their supervision, daily direction and control,remuneration, severance pay and claims, withholding taxes, insurance, social security licenses, and all otheractions related to the awardees services under this RFP.

All non-management, on-site personnel shall be required to wear uniforms and name tags while on duty. Adress code shall be enforced for management personnel when on-site. Uniforms and dress code are subject tofinal approval by the CPD.

The awardee shall have supervisory personnel on duty during all events at Venue and as otherwise necessaryto fully perform its duties and obligations as identified in this RFP.

The awardee shall comply with all applicable laws concerned with the hiring and employment of personnel,including the Federal and State of Illinois Equal Employment Opportunity Regulations, and the prevailing wagerate statutes.

Records and Audits

RecordsThe awardee, its vendors, subcontractors, and affiliates shall keep records relating to their activities at thevenue. Where possible, the awardee shall automate all records and reporting systems.

AuditsOn an annual basis,the awardee shall prepare, and provide to the CPD, a year-end balance sheet, statement ofprofit or loss, and statement of cash flows for the preceding fiscal year. This audit shall also include acertification of operating revenues and expenses, and net operating income for that fiscal year. This informationshall be delivered to the CPD no later than April 1st of the following year and will be prepared in accordance with


20/95

P-11060 20GAAP. This information must be accompanied by an independent auditors report prepared by anindependent, certified public accountant, licensed by the State of Illinois.

AccountingThe awardee shall maintain full, accurate, and complete financial and accounting books, records, and reports ofthe management, operation, maintenance, and promotion of the venue. In the maintenance of such records, themanager shall use accounting and record systems in accordance with GAAP.It is the CPDs preference that the manager use the same cash method of accounting and financial calendar(Jan. 1 Dec. 31) the CPD utilizes.

Vendor Management and Procurement

The awardee shall be responsible for managing and negotiating with third-party vendors and for theprocurement of equipment, materials, supplies, and third-party services needed at the venue. This responsibilityincludes negotiating and working with concessionaires in connection with the venue. All successful negotiationsand subsequent contracts are subject to the review and approval of the CPD. The awardee shall also requestall vendors use materials that are recyclable or have a low environmental impact.

EXPENSES

The awardee shall be responsible for the payment of all costs and expenses related to or arising from theconstruction, maintenance, and operation of the venue. These costs and expenses include the following:

1. All costs and expenses related to or arising from performance and delivery of all services described inthe scope of services on pages;

2. Amounts expended to procure and maintain permits and licenses, charges, excises, penalties and fee,and professional fees;

3. Cost of compliance with laws and regulations;4. Costs of acquiring and maintaining the insurance and bonds as required;5. Cost of annual independent audits;6. Any contractual costs or contractual liability of the awardee where the awardee is not in default of any

applicable contract and is the subject of such claim, suit, or proceeding due to its capacity as managingagent;

7. Costs incurred under agreements, commitments, licenses, and contracts executed in the awardeesname in connection with its management and operation of the venue;

8. Any suit, action, or proceeding in which the awardee is the defendant and has breached the agreementwith the CPD or has committed a tort giving rise to such suit, action, or proceeding;9. Any suit, action, or proceeding filed or instituted against the CPD by the awardee;10. Costs incurred due to the willful misconduct or gross negligence of the awardee or its agents,

employees, or subcontractors;11. Depreciation of vehicles and equipment;12. Severance for the awardees employees;13. Relocation of the awardees employees;14. Any travel related expenses; and15. Taxes as discussed below.

The awardee is also responsible for the payment of all costs and expenses of any activity or business of theawardee that is not related to providing the required services.

Utilities

The awardee shall assume the existing accounts for all associated utilities (water, sewer, electricity) and on amonthly basis shall submit to the CPD for reimbursement, based on actual usage.

Insurance

The awardee is responsible for the insurance as set forth on pages 42-43.Performance Bond

The awardee shall, at its own expense, purchase a performance bond in an amount of at least $1,000,000.00.


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P-11060 21

Taxes

If applicable, the awardee shall pay, when due, any and all of the following taxes: amusement taxes; sales taxesfor items sold by or on behalf of the awardee; entertainment taxes; parking taxes applicable to the parkingallotment; and any other taxes or assessments which are levied or assessed by a governmental authority due orpayable during the contract term, and are related to the exercise of the awardees rights or licenses, and its useor occupancy of the venue. These above actions shall indemnify, defend and hold harmless the CPD from allsuch taxes.

If applicable, the CPD will pay, when due, all parking taxes (except as applicable to the and property taxeswhich are due or payable during the contract term. to indemnify, defend and hold the awardee harmless fromand against all such Parking Taxes (except as applicable to the Parking Allotment) and Property Taxes.

There should not be any leasehold taxes and/or use taxes assessed, due, or payable as a result of thisagreement or the operation of the venue. In the event any leasehold and use taxes are imposed on the CPD,the awardee shall promptly pay, prior to delinquency, all leasehold and use taxes imposed for periods fallingwithin the terms of this contract. This obligation shall survive to the expiration of the contract term or any earliercontract termination.

CPD USE

Public Use Rights

The CPD may use and occupy, and authorize public event sponsors to use and occupy the venue for thepurpose of holding a confirmed public sector event. The CPD will submit a request to the awardee to schedulea public sector event at least 30 days prior to the event.

Public Use

Public access shall be subject to restrictions and limitation as the awardee may reasonably require to addresssecurity and safety concerns, including the needs of the awardee to use the venue for the rights andperformance of its obligations stated in this RFP.

End of Project Scope


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P-11060 22

EXHIBIT A Aerial View of Venue Location


23/95

EXHIBIT B Current Venue Footprint


24/95

EXHIBIT C Revenue Streams, 2005-2011

1. The fees paid the CPD since 2005 are identified in the chart. Neither attendance nor concession benchmarks were reafees. Commencing in 2007 the Attendance Fee benchmarks were 200,000 and 225,000 aggregate tickets sold in a sebenchmark.

2. Paid annually to the CPD in two installments, one in June the other in November.

3. The CPD received 60% of the net naming rights revenue paid concurrently with the Base Annual Use Fee.

4. For 2005 and 2006 this was $0.75 per ticket, and for 2007-2010 this was $1.00 per ticket.This fee is paid no later than 30 days after each event.

5. CPD parking surcharge of $4.00 per ticket. This applied to both the Adler Planetarium Parking Lot and Soldier Field ga

6. Fee to park in the Adler Planetarium Parking Lot (605 spots total). This was in addition to item 5. For 2005 and 2006 it2009 and 2010 it was $20. Live Nation was allotted 150 spots in this lot and was entitled to charge a price at its discretThis was the only parking related revenue allocated to Live Nation.

7. A one-time fee.


25/95

EXHIBIT D Venue Schedule 2005-2011

Year Date Artist NumberofShows PaidAttendance2005 Chicago/EarthWindandFire 1 6,631

2005 Chicago/EarthWindandFire 1 4,502

2005 BrianMcKnight/NewEdition 1 1,698

2005 ModestMouse 1 4,537

2005 Ralph'sWorld 1 1,472

2005 GavinDegraw 1

2005 Journey 1 6,356

2005 SugarWaterFestival 1 6,637

2005 Loggins/Messina 1 2,643

2005 Wiggleworms 1 FreeEvent

2005 TreyAnastasio 1 4,372

2005 311 1 5,835

2005 RockNeverStops 1 1,693

2005 KellyClarkson 1 6,411

2005 Destiny'sChild 1 6,110

2005 BackstreetBoys 1 5,404

2005 O.A.R.(ofarevolution) 1 4,204

2005 JohnHiatt/ShawnColvin 1 2,307

2005 JackJohnson 1 8,362

2005 LosLobos 1 4,085

2005 Loopfest 1 3,296

2006 6/17/2006 RobThomas 1 3,665

2006 6/24/2006 TheBlackCrows 1 5,319

2006 6/25/2006 MarkKnopfler 1 3,286

2006 6/30/2006 TakingBackSunday 1 7,516

2006

7/1/2006

Chicago

1

5,173

2006 7/11/2006 CelticWomen 1 855

2006 7/13/2006 FionaApple 1 4,955

2006 7/15/2006 O.A.R.(ofarevolution) 1 8,106

2006 7/16/2006 PhilLesh&Friends 1 4,136

2006 7/20/2006 TreyAnastasio 1 4,745

2006 7/28/2006 Guster 1 4,174

2006 8/9/2006 EarthWind&Fire 1 3,683

2006 8/11/2006 311 1 6,344

2006 8/12/2006 MarcAnthony 1 4,381

2006

8/17/2006

GeorgeBenson

1

3,005

2006 8/19/2006 MaryJ.Blige 1 4,237

2006 8/20/2006 JohnFogerty 1 4,391

2006 8/24/2006 KC&TheSunshineBand 1 2,114

2006 8/27/2006 BenHarper&TheInnocentCriminals 1 8,208

2006 9/2/2006 Tiesto 1 4,241

2006 9/8/2006 Styx 1 3,985

2006 9/15/2006 TomPetty&TheHeartbreakers 2 13,265

2006 9/17/2006 ChrisBrown 1 5,714


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P-11060 26

EXHIBIT D Venue Schedule 2005-2011 (continued)

2007 9/23/2006 BlackEyedPeas 1 3,119

2007 6/8/2007 StevieNicks 1 6,300

2007 6/11/2007 FallOutBoy 3 19,175

2007 6/14/2007 TheFray 3 20,733

2007

6/18/2007

Barenaked

Ladies

1

5,196

2007 6/29/2007 JohnMayer 2 14,327

2007 6/30/2007 Chicago 1 5,624

2007 7/25/2007 Incubus 1 7,971


2007 8/11/2007 311 1 7,913

2007 8/23/2007 GooGooDolls 1 6,557

2007 8/26/2007 WuTangClan 1 4,152

2007 8/31/2007 Aly&AJ 1 4,554

2007 9/2/2007 TheShins 1 2,475

2007 9/10/2007 StevieWonder 1 6,661

2007 9/12/2007 HilaryDuff 2 2,563

2007 9/20/2007 Common 1 3,511

2007 9/27/2007 BeastieBoys 1 5,978

2008 5/22/2008 StoneTemplePilots 1 7,659

2008 6/13/2008 PhilLesh&Friends 1 4,142

2008 6/14/2008 StevieNicks 1 3,410

2008 6/20/2008 Chicago 1 6,644

2008 7/7/2008 DropkickMurphys 1 3,182

2008 7/19/2008 Umphrey'sMcGee 1 4,905

2008 7/22/2008 JohnMellencamp 1 6,976

2008 7/23/2008 Boston 1 6,063


2008 8/8/2008 JillScott 1 4,205

2008 8/10/2008 Scorpions 1 4,495

2008 8/19/2008 MarcAnthony 1 3,567

2008 8/23/2008 ThirdDay 1 2,258

2008 8/28/2008 TheAllmanBrothersBand 1 6,997


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P-11060 27

EXHIBIT D Venue Schedule 2005-2011 (continued)

Year Date Artist NumberofShows PaidAttendance2009 5/16/2009 Disturbed 1 5,485

2009 5/29/2009 NineInchNails 1 7,936

2009 6/4/2009 Crosby,Stills&Nash 1 4,233

2009

6/14/2009

311

1

7,042


2009 6/20/2009 TheOffspring 1 4,356

2009 7/7/2009 JayZ 1 6,538

2009 7/10/2009 Styx 1 6,927

2009 7/19/2009 JudasPriest 1 3,766

2009 7/21/2009 Incubus 1 7,927

2009 8/13/2009 JasonMraz 1 8,256

2009 8/19/2009 HeavenandHell 1 2,642

2009 9/2/2009 TheAllmanBrothersBand 2 13,108

2010 5/15/2010 TBAHeadliner 1 5,198

2010 6/5/2010 Styx 1 6,008

2010 6/29/2010 311 1 6,889


2010 7/13/2010 SublimewithRome 1 5,513

2010 7/17/2010 Chicago 2 10,650

2010 7/18/2010 REOSpeedwagon 1 4,596

2010 7/20/2010 GooGooDolls 1 5,661

2010 8/11/2010 Shinedown 1 4,702

2010 8/17/2010 MyMorningJacket 1 4,787

2010 8/18/2010 Paramore 11 5,376

2010 8/19/2010 ZacBrownBand 1 6,715

2010 8/20/2010 StomeTemplePilots 1 5,076

2010 8/23/2010 Rush 2 12,494

2010 8/27/2010 AnthonyHamilton 1 4,822

2010 9/16/2010 AliceInChains 1 6,723

2011 7/14/2011 311 1 7,867

2011 7/16/2011 GooGooDolls 1 4,377

2011 7/27/2011 EarthWind&Fire 1 3,597

2011 7/31/2011 JillScott 1 5,411

2011 8/20/2011 Train 1 6,100

2011

8/21/2011

Incubus

1

7,789

2011 8/24/2011 Ke$ha 1 6,445

2011 8/27/2011 SlightlyStoopid 1 2,649


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P-11060 28

GENERAL CONDITIONS

These General Conditions form a part of the contract documents.

DEFINITIONS

All terms are defined in the General or the Compliance Conditions.

Addendum (plural addenda) means an addition, correction, deletion, or modification of or to this specification,issued to prospective submitters prior to the date and time proposals are due.

Awardee means the submitter (or submitters) whose proposal, with or without further negotiation, has beenformally accepted for contract by the Board of Commissioners or the General Superintendent of the ParkDistrict.

CPD means the Chicago Park District.

General Superintendent means the General Superintendent of the Chicago Park District. The GeneralSuperintendent shall represent and act for the CPD in all matters pertaining to this contract in conjunctiontherewith. The term General Superintendent shall include any person designated in writing by the GeneralSuperintendent to act in his/her stead with respect to this contract and shall also include, with respect to any

actions taken prior to the award of this contract, the Director of Purchasing.

Losses means, individually and collectively, liabilities of every kind, including losses, damages, and reasonablecosts, payments, and expenses (such as, but not limited to, court costs and reasonable attorneys fees anddisbursements), claims, demands, actions, suits, proceedings, judgments, or settlements, any or all of which inany way arise out of or relate to any act, error, or omission of submitter, submitters breach of the Agreement, orsubmitters negligent or otherwise wrongful acts or omissions or those of its officers, agents, employees,consultants, subcontractors, or licensees.

Proposal means a response submitted pursuant to this Request for Proposal, compliant with all of therequirements of the specification documents.

Submittermeans a party or entity that submits a proposal in response to this Request for Proposal.

I. COMPLIANCE WITH ALL LAWS

A. The awardee(s) shall comply with all applicable laws, ordinances, executive orders and regulations ofthe federal, state, local and city government, which may in any manner affect the performance of thiscontract. Further, the awardee, including all of its employees, servants, agents, subcontractors, andconcessionaires, shall abide by the Conduct Prohibited provisions of the CPD Code, IV, B.

B. To demonstrate compliance with all of the above-mentioned laws, rules, regulations or orders, theawardee and subcontractors will furnish such reports and information as may be required. In theevent of the awardees non-compliance, this contract may be canceled, terminated, or suspended inwhole or in part, and the awardee may be declared ineligible for further contracts with the CPD. Othersanctions may be imposed and remedies invoked as otherwise provided by law.

II. NON-DISCRIMINATION

A. Awardee shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as amended, andany rules and regulations promulgated in accordance therewith, including, but not limited to the EqualEmployment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750 (Appendix A), whichis incorporated herein by reference. Furthermore, the awardee shall comply with the Public WorksEmployment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended.

B. During the performance of this contract, the awardee agrees that it shall not discriminate against anyworker, employee or applicant, or any member of the public, on the basis of race, color, religion, sex,national origin, ancestry, age, marital status, physical or mental disability, unfavorable discharge frommilitary services, parental status, or sexual orientation. Upon request of the CPD, the awardee alsoagrees to submit in writing a plan demonstrating compliance with equal employment opportunity laws


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P-11060 29and CPD policy requiring equal employment opportunity to all. Awardee further agrees that thisclause will be incorporated by the contractor in all contracts entered into with suppliers of materials orservices, subcontractors, and all labor organization furnishing skilled, unskilled and craft union skilledlabor, or any other person or organization performing labor or services in connection with thiscontract.

C. Minority and Women Business Enterprise Participation

1. The awardee shall comply with the Compliance Conditions regarding participation by minority-and women-owned business enterprises, which is incorporated into this contract document.

2. During the term of the contract and any extension thereof, the awardee shall complete and submitquarterly MBE/WBE Utilization Reports, as requested to do so by the CPD.

III. ETHICAL CONDUCT. Any effort to influence any public employee to breach the standards of ethicalconduct constitutes a breach of ethical standards. It shall be a breach of ethical standards for any personto offer, give or agree to give any employee or former employee, or for any employee or former employeeto solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employmentin connection with any decision, approval, disapproval, recommendation, preparation of any part of aprogram requirement or a purchase request, influencing the content of any specification or procurementstandard, rendering of advice, investigation, or in any other solicitation or proposal therefore.

IV. CONFLICTS OF INTEREST

A. No member of the governing body of the CPD or other unit of government and no other officer,employee, or agent of the CPD or other unit of government who exercises any functions orresponsibilities in connection with the carrying out of the project shall have any personal interest,direct or indirect, in the contract.

B. The submitter covenants that it presently has no interest and shall not acquire any interest, direct orindirect, in the project to which the contract pertains which would conflict in any manner or degreewith the performance of its work hereunder. The submitter further covenants that, in its performanceof the contract, no person having any such interest shall be employed.

V. NON-COLLUSION. Neither the awardee (or each joint venture partner) nor its agents, employees,

officers and any subcontractors, has been engaged in or been convicted of collusion activities as definedon the Signature Page submitted with the proposal.

VI. SELF PERFORMANCE:The contractor shall perform, manage, and/or supervise at least 25% of thework of the contract with its own forces.

VII. PROHIBITION OF ASSIGNMENT. The awardee shall not delegate the performance of any obligationhereunder to any third party, or subcontract or assign this contract, in whole or in part, without the priorwritten consent of the Director of Purchasing of the CPD. Such consent, if granted, shall not relieve thecontractor of any responsibilities under the contract.

VIII. PREVAILING WAGE RATES. The awardee shall pay prevailing wages. As a condition of makingpayment to the awardee, the CPD may request that the awardee submit an affidavit or other evidence tothe effect that not less than the prevailing hourly wage rate is being paid to those employed on contractsin accordance with Illinois law.

IX. AWARDEES EMPLOYEES

A. The CPD has the right to require the awardee to remove from his workforce assigned to a CPDlocation any employees deemed incompetent, careless, or otherwise objectionable, or any personnelwhose actions are deemed to be contrary to public interests or inconsistent with the best interests ofa facility.

B. Damage and/or pilferage to CPD property and/or its contents by employees of the awardee shall bethe awardees responsibility, and losses shall be the liability of the awardee.


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P-11060 30C. Awardees employees are to be considered the employees of the awardee and not of the CPD;

therefore, awardee shall comply with all federal and state tax requirements and governmentregulations.

X. SUBCONTRACTORS: If, in the judgment of the CPDs Director of Purchasing, any of the awardeessubcontractors are careless, incompetent, act contrary to instructions, violate safety or security rules,obstruct the progress of the contracts services, fail to follow the contracts requirements, or violate anylaw applicable to this contract, then, upon the Director of Purchasings notice, the awardee willimmediately discharge or otherwise remove said contractor(s).

XI. INDEMNIFICATION.Awardee must defend, indemnify, keep and hold harmless the CPD, itsCommissioners, officers, representatives, agents, volunteers and employees from and against any andall lawsuits, claims, demands, liabilities, losses, and expenses, including court costs and attorneys fees,for or on account of any injury to any person or any death at any time resulting from such injury, or anydamage to property which may arise or which may be alleged to have arisen out of, or in connection with,the work, goods, and/or services covered by this contract. The obligation to indemnify the CPD shallsurvive the termination or expiration of this contract.

XII. WARRANTIES, LAWS, AND REGULATIONS. In addition to the warranties provided by law, submitterhereby expressly represents and warrants the following, when applicable:

A. That any goods and/or services to be delivered hereunder shall be in full conformity with all

manufacturer and seller express warranties and that the goods and/or services shall be free fromdefects in material, workmanship, or performance and shall conform to the specifications, drawings,and/or samples. Submitter agrees that this warranty shall survive inspection, acceptance, andpayment.

B. That no article sold and delivered hereunder shall infringe any trademark, trade name, patent,copyright, or application therefore. In the event that any article sold and delivered hereunder shall becovered by any trademark, trade name, patent, copyright, or application therefore, awardee shallindemnify and save harmless the CPD, its commissioners, officers, employees and agents from anyand all loss, cost, or expense on account of any and all claims, suits, or judgments on account of theuse or sale of such article in violation of rights under such trademark, trade name, patent, copyright,or application.

C. That any goods to be delivered hereunder shall be manufactured, sold, and installed in compliancewith the provisions of all applicable federal, state, and local laws and regulations.

D. That any goods to be delivered hereunder shall be free and clear of all liens, claims, orencumbrances of any kind.

E. That the CPDs Director of Purchasing has the right to inspect any material or items to be used in thecarrying out of this contract, and that any material or items rejected will be replaced by the awardeeat no cost to the CPD.

F. That any materials or items rejected shall be removed from CPD premises by and at the expense ofthe awardee within a reasonable time after the CPD has notified the awardee in writing that that thematerials and / or items have been rejected.

G. That the CPD may return any nonconforming or defective materials / items, or require correction orreplacement of the materials / items at the time the defect is discovered, all at the awardee's risk andexpense.

E. That nothing contained herein shall exclude or affect the operation of any implied warrantiesotherwise arising in favor of the CPD.

XIII. PROTECTION OF WORK, DAMAGES, AND REPAIRS. If applicable, awardee shall be responsible forany financial losses incurred by improper or negligent work performance at a site and shall repair orreplace and pay for any replacement or damages to pavement, lawns, landscaping, new and existingstructures, material, equipment, fixtures, appliances, and apparatus during the course of work, wheresuch damage is directly due to work under this contract, or where such damage is the result of the


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P-11060 31neglect or carelessness on the part of the awardee or his employees, or on the part of the awardeessubcontractor or his employees.

XIV. OWNERSHIP OF DOCUMENTS. If applicable, all drawings, tracings, specifications, reports, test results,models, electronic media, renderings, and all such other documents to be prepared and furnished by theawardee, including copyrights, are and shall become and remain the sole property of the CPD, whetherthe project for which they are made is executed or not. The CPD shall have the right to use suchdocuments on additional projects as the CPD sees fit. If such documents are used on another project,awardee shall not be responsible for such use and shall not receive additional compensation. Withoutthe prior written consent of the CPD, awardee shall not use any documents prepared or furnished for theproject by awardee or the CPD for any use other than its performance under this agreement.

XV. PRICING AND PRICE ESCALATION

A. Pricing will be firm for the initial contract period.

B. After an extension option has been utilized, requests for increases in prices may be submitted inwriting to the Director of Purchasing. Requests must be based on and include documentation ofincreases in the awardees cost that are due to (1) direct labor increases, (2) consumer price inflationindex increases for appropriate supply items, or (3) if the actual usage levels of the supplies varysubstantially from the given usage estimates. Such increased costs must not represent an increasefor profits or other overhead. No more than one price increase will be considered during any

consecutive twelve-month period. No tied increases should exceed the maximum amountsaccording to the Producers Index or the Consumer Price Index.

C. If the Director of Purchasing approves price increases, both the CPD and the awardee must sign aproperly executed contract modification reflecting the price changes and the date on which suchchanges are effective. Original prices shall remain in effect until such a contract modification hasbeen fully executed.

D. The CPD reserves the right to reject any proposed price increase and to terminate without cost thefuture performance of this contract.

XVI. PRICE REDUCTION. If at any time after the date of its proposal submittal for this contract, the awardeemakes a general price reduction of any materials, items, or services covered by the contract to

customers generally, the same price reduction shall apply to this contract for the duration of the contractperiod, or until such time as there are further reductions. Such a price reduction will be effective at thesame time and in the same manner as the price reduction to customers generally.

XVII. PURCHASE ORDERS. A valid order exists only when a written purchase order has been issued and thefollowing two conditions have been met:

A. A typed purchase order number appears in the designated space on the purchase order.

B. The signature of the General Superintendent or the Director of Purchasing (or designee) appears inthe designated space on the purchase order.

XVIII. INVOICES. The awardee shall submit itemized original invoices in triplicate to the Comptrollers Office,

Chicago Park District, 541 North Fairbanks Court, 6

th

Floor, Chicago, Illinois 60611. All invoices mustinclude the specification number, purchase order number, delivery location, description of goods,materials and/or services, quantity, unit price, extended price and invoice total. Invoices submittedwithout the above information shall be returned to the awardee for correction.

XIX. TAXES. As a municipal body, the CPD is not subject to Federal Excise Tax, Illinois Retailers OccupationTax, Use Tax, or Municipal Retailers Occupation Tax. The Illinois Department of Revenue tax exemptionnumber for the CPD is E-998-0363-02. Upon request, the Comptrollers Office of the CPD will provide aFederal Excise Tax Exemption Certificate. The prices quoted herein shall include all other federal and/orstate taxes that apply, direct and/or indirect.

XX. PAYMENT. Unless specified otherwise in the contract, the awardee will be paid monthly, beginning thirty(30) days after receipt of invoice. Subsequent payments will be made in the same manner each month in


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P-11060 32succession for the remaining term of the contract. An audit to reconcile shortage or overpayment willbe done at the end of the twelve-month cycle, at which time, if necessary, adjustments will be made forthe remaining length of the contract. Any additional costs incurred by the vendor, such as service calls,will be paid on a monthly basis as they arise. Payments shall be made in accordance with applicableprovisions of the Local Government Prompt Payment Act (50 ILCS 505/I et seq.).

XXI. MODIFICATIONS, SUBSTITUTIONS, AND AMENDMENTS. The Chicago Park District may from time totime request changes in the scope of services to be performed under this contract, or it may becomenecessary to substitute one item for another. Such changes, including any increase or decrease in theamount of the awardees compensation, which are mutually agreed upon by and between the ParkDistrict and the awardee, shall be incorporated in written amendments to the contract. No changes,amendments, modifications, substitutions, cancellation or discharge of the proposed contract, or any parthereof, shall be valid unless in writing and signed by the parties hereto, or their respective successors.

XXII. DISPUTES. In the event any questions or disputes as to the meaning or requirements of anything in thiscontract arise, the matter shall at once be referred for consideration and decision to the GeneralSuperintendent of the Park District, who shall reduce his/her decision to writing and who shall mail orotherwise furnish a copy to the awardee(s). The decision of the General Superintendent shall be final andbinding.

XXIII. DEFAULT. Time is of the essence of the contract, and if the rendering of services or the delivery ofacceptable items is not completed by the time promised, the Chicago Park District reserves the right,

without liability, and in addition to its other rights and remedies, to terminate the contract by notice,effective when received by the awardee, as to stated items not yet shipped or services not yet rendered,and to secure substitute materials and/or services from any other available source. The awardee shall beliable to and promptly reimburse the Chicago Park District for any difference in price, over and above thecontract price, incurred by the Park District in purchasing substitute materials and/or services, from thetime of non-performance to the contract expiration date. In addition to the difference in price, the awardeeshall promptly reimburse the Park District for expenses in securing alternative goods, materials orservices due to the awardees failure to meet its obligations, and for all attorneys fees and court costsincurred to seek or enforce collection of said difference, costs, fees, and expenses, or any other amountsdue the Park District. The Park District reserves the right to hold back any monies due the awardee at thetime of the awardees inability or failure to perform, and to deduct from these funds any said difference,costs, fees and expenses.

XXIV. TERMINATION

A. Termination for Convenience: The Chicago Park District reserves the right to terminate a contractin whole or in part, without showing cause, upon giving written notice to the awardee. The ParkDistrict shall only pay for the goods delivered and accepted and/or services performed prior to thedate of termination at the related contract unit prices. The awardee will not be reimbursed for anyanticipatory profits that have not been earned up to the date of termination.

B. Termination for Cause: Failure on the part of the awardee to fulfill contractual obligations shall beconsidered just cause for termination of the contract, and the Chicago Park District shall haveagainst the awardee all remedies provided by law and equity. The Park District shall have the optionof paying for services performed and/or goods delivered and accepted by the Park District that arein compliance with the requirements of the contract documents prior to the date of termination, or

the Park District may return the unused or unconsumed goods to the awardee without obligation forpayment thereof or for any shipping costs associated therewith.

XXV. AUDITS. The Park District reserves the right to conduct an audit, at the Park Districts expense, for aperiod of two (2) years after the expiration of the term of the contract. The awardee shall make allrecords related to the Park District activities available for audit during regular business hours.

XXVI. NON-APPROPRIATION OF FUNDS. Payment and performa

2011 Northerly Island RFP

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Transcript of 2011 Northerly Island RFP