· Sealed Bid 54-011 Judicial Center Temperature Controls Upgrade Offer to Contract Form, Page 1...

County of Kane Office of County Board

Kane County Govemment Center

Karen McConnaughay Chairman

630-232-5930

DOCUMENT VET SHEET for

Karen McConnaughay Chairman, Kane County Board

!6)1 ~ © ~ HI ~ ;~ \tru FEB 2 3 2012 \~

'~ fAME COUN1Y BOARD

719 Batavia A venue Geneva, Illinois 60134

Fax 630-232-9188

Name of Document: JC HV AC Controls Upgrade Project Agreement- Mechanical Inc.

Resolution- 12-25 Bid# 54-011

Submitted by: Jim Hansen - Purchasing

Date Submitted: . 02/23/12

Examined by:

·e)

3-/-J~ I

(Date)

Post on Weh: ~ Yes/)( No Atty. Initials 5Jf/__

Comments: Please have the Chairman review and sign the attached agreement.

Chairman signed: (S} No (Date)

'!JI fJ If 2-

Document returned to: Rev. 3/11

Sealed Bid 54-011 Judicial Center Temperature Controls Upgrade Offer to Contract Form, Page 1

KANE COUNTY OFFER TO CONTRACT FORM

For 54-011 Kane County Judicial Center Temperature Controls Upgrade

Bid Due Time & Date: 2 p.m. Tuesday, December 6, 2011

To: County of Kane (Purchasing Department) Kane County Government Center, Bldg. A 719 8. Batavia Ave. Geneva, IL 60134

The following offer is hereby made to the County of Kane, Illinois, hereafter called the Owner. Submitted By: _____________________________________________ _

I. The undersigned Vendor proposes and agrees, after having examined the specifications, quantities and other contract documents, to irrevocably offer to furnish the materials, equipment and services in compliance with all terms, conditions, specifications and amendments contained in the bid solicitation documents. The items in this Invitation to Bid, including, but not limited to, all required certificates, are fully incorporated herein as a material and necessary part of the contract.

A. The Vendor shall also include with his bid any necessary literature, samples, etc., as required within the Invitation to Bid, Instruction to Bidders and specifications.

1. The Vendor has examined the Contractor Disclosure section of the Instruction to Bidders, and has included or provided a document listing all cumulative campaign contributions made within the past twelve months, to any current or county-wide elected officer, and ownership interest in entity greater than five percent.

B. For purposes of this offer, the terms Offerer, Bidder, Contractor, and Vendor are used interchangeably.

II. In submitting this Offer, the Vendor acknowledges:

A. All bid documents have been examined: Instructions to Bidder, Statement of Work, Project Manual, Drawings and the following addenda:

No.-+J ___ , No. ____ , No. ___ , (Contractor to acknowledge addenda here).

B. The site(s) and locality have been examined where the Service is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations, as Vendor deems necessary.

C. To be prepared to execute a contract with the Owner within ten (10) calendar days after acceptance of the bid by the Owner, and furnish a Performance Bond and Labor and Material Payment Bond in accordance with the Instructions to Bidders.

D. Work will be accomplished in accordance with the Contract Document.

Ill. BASE BID:

IV. Labor Rates


Contractor is also requested to complete the following chart for all trade workers who will be on-site during the course of the project:

Trade Worker Straight Time Premium Time

~llrr?L l-I'Y'rltlr n ~ /2L ..f-/ -lf-ttA $ J"S~HR $/~?~/HR

t-7; t/ /" 1'?2..A/J/ YY7t? /} .tsk.c:ln '~ ·an $Y~~ /HR $I ;12§!?...1 HR I $ /HR $ /HR

$ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR $ /HR

V. DUNS Number Please provide your company's DUNS number __ b_0 _,7_-_7_7...:......;.7_-_'-/___;_!)4___:_7 ___ _

ADDITIONAL COMMENTS:

+


By signing this Bid, the Offeror hereby certifies that they are not barred from bidding on this contract as a result of a violation of either Section 33E-3 or 33E-4 of the Illinois Criminal Code c>f 1961, as amended. The awarding of any contract resulting from this Bid will be based upon the funding available to Kane County, which may award all or part of this project. The terms of the Bid and the response shall be incorporated by this reference as though fully set forth into the Contract not withstanding any language in the contract to the contrary. In the event of any conflict between the terms of the Contract and the terms of the Bid and the response, the terms of the Bid and the response shall govern. Every element or item of the Bid and the response shall be deemed a material and severable item or element of the contract. THIS SECTION MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY OR ENTITY RESPONDING TO THE BID AND THE RESPONSE.

Signature Ck/J L~}'" !f=-: Typed Signature Je-ff /II e..C, y CompanOJP~[kJ 1 :C~C · Address .a;< 7 q '/eJiotD & .u_k_ R..o J City/State/Zip 6 fLL/ptJ r 1- . ;FL fo; D 3d.

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Phone# !1 '5--~3g:.. z CISS"' Fax# f JS?-~;;;-- z9 Y:o Federaii.D./Social Security# 3/.a -.q 077/ q I Date --l.l/r:J..><..-.;.J ... (,La4 _-..:._l..:._l ___ _

ACCEPTANCE

The Offer is hereby accepted for: Kane County Judicial Center Temperature Controls Upgrade

The Contractor is bound to provide the services and materials listed by the attached contract and based upon the Invitation to Bid, including all terms, conditions, specifications, amendments, and the Contractor's offer is accepted by the County of Kane.

This contract shall henceforth be referred to as Contract Number 54-011. The Contractor has been cautioned not to commence any billable work or to provide any supplies or services until said Contractor recei es a purchase order and or notice to proceed.

. .......... .

ar n cConnaughay hairman, County Board

Kane County, Illinois

31~/12. Date

. . . . . .

.......

:r: Ill :a Ill

.PERFORMANCE BOND

Bond No.:09062709

CONTRACTOR: (Name, legal status and address) Mechanical Incorporated P 0 Box 690 2279 Yellow Creek Rd Freeport IL 61032

OWNER: (Name, legal status and address) County ofKane

719 S. Batavia Ave., Bldg. A

Geneva, IL 60134

CONSTRUCTION CONTRACT Date: February 14, 2012 Amount:$ 510,183.00 Description: (Name and location) Kane County Government Center JC HV AC Upgrade Project 719 S. Batavia Ave., Bldg. A, Geneva, IL 60134 BOND Date: February 17,2012 (Not earlier than Construction Contract Date)

SURETY: (Name, legal status and principal place of business) Fidelity & Deposit Company of Maryland 1400 American Ln Tower II-13th Schaumburg, IL 60196

§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3.

§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a

Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten ( 1 0) business days of the Surety's receipt of the Owner's

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1

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notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default;

.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3. 1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:

§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incuned by the Owner as a result of the Contractor Default; or

§ 5.4 Waive its right to perform and complete, arrange for completioii, or obtain a new contractor and with reasonable promptness under the circumstances:

.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

.2 Deny liability in whole or in part and notify the Owner, citing the reasons for deiiial.

§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for

.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and

.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.

§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.

§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

§ 1 1 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default


or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

§ 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.

§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

§ 16 Modifications to this bond are as follows:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal)

Signature: Signature: Name and Title: Name and Title: Address: -------------- Address: ------------------


PAYMENT BOND

Bond No.: 09062709

CONTRACTOR: (Name, legal status and address) 11echanicallncorporated P 0Box690 2279 Yell ow Creek Rd Freeport IL 61032 OWNER: JName, l~e;al status and address)

County ot Kane 719 S. Batavia Ave., Bldg. A Geneva, IL 60134

CONSTRUCTION CONTRACT Date: February 14, 2012 Amount: $510,183.00 Description: (Name and location)

SURETY: (Name, legal status and principal place of business) Fidelity & Deposit Company of Maryland 1400 American Ln Tower II-13th Schaumburg, IL 60196

Kane County Government Center JC HV AC Upgrade Project 719 S. Batavia Ave., Bldg. A, Geneva, IL 60134 BOND Date: February 17,2012

Amount: $510,183.00 Modifications to this Bond:

(FOR INFORMATION ONLY AGENT or BROKER: Williams Manny, Inc. POBox300 Freeport IL 61032 Phone: 815-235-7194

Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:)

§ I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition

ot' eguipment furnished for use in the performance of the Construction Contract and tendered defense Of such claims, demands, liens or suits to the Contractor and the Surety.

§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.

§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:

§ 5.1 Claimants, who do not have a direct contract with the Contractor, . I have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13).

§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13).

§ 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnished a written notice of non-payment under Section 5. 1. 1.

§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions:

§ 7. 1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

§ 7.2 Pay or arrange for payment of any undisputed amounts.

§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.

§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.

§ I I The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2

§ '13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

§ 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: . I the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the, Claim.

§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' 'that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work ofthe Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.

§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

§ 18 Modifications to this bond are as follows:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal)

Signature: Signature: Name and Title: Name and Title: Address: ------------- Address: ------------------

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,201 0 edition 3

t.'

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND

KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ~ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d 10 l~ereby nominate, constitute and appoint Steven R. JOHNSON, John C. PICK, David L. ~·t R, Connie L. MARTY, Julie A. TRESEMER and Margaret A. HOWA , . ~· true and lawful agent and Attorney-in-Fact, to make, execute, seal and del' · , s e s fil as its act and deed: any and all bonds and undertakings, and the exec~~~ s~ ~" or e~ · uance of these presents, shall be as binding upon said Company, as~~· to a · ,tlt:f>\fses, as if they had been duly executed and acknowledged by t~eiac\-teCH· off e~~ y at its office in Baltimore, Md., in their own proper persons. This power of attordW~'r~ t · ~-~'at[ of Steven R. JOHNSON, John C. PICK, David L. TOWNSEND, Burton A. BEILFUSS, JR., M~E meL. MARTY, Julie A. TRESEMER, Margaret A. HOWARD, dated June 29, 2007. \1'~\_.l\.-)

The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force.

IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of December, A.D. 2010.

ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND

By: Gregmy E. Murray Assistant Secretal)' Frank E. Mm1in Jr. Vice President

St~te ofMCU:yland }ss: Ctty of Baltimore

On this 7th day of December, A.D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR.; Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn Notmy Public My Commission Expires: July 14, 2011

POA-F 036-4199

EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND

"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto."

CERTIFICATE

I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed."

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,

this 17th dayof __ ~F~e=b~r~u=a=r~Y~-------- 2012

Assistant Secretary

STATE OF ILLINOIS

COUNTY OF STEPHENSON

ATTORNEY-IN-FACT AFFIDAVIT

Before me, a Notary Public, personally came Judith L. Zier, known to me, and known to be the Attorney-in-Fact of Fidelity & Deposit Company of Maryland, which executed the attached bond as surety, who deposed and said that his signature and the corporate seal of said Fidelity & Deposit Company of Maryland were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of Fidelity & Deposit Company of Maryland.

Given under my hand and seal this 171h day of February, 2012.

~lJ-~ NOtlY Public ·

"OFFICIAL SEAL" KATHLEEN S. HAUBACH

NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8/12/12

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Q~~f~~ $~"J"~h~J..tAI3tuTV INSURANCE DATE (MM/DDIYYYY)

12105/.11 THIS CEIF!FICATE IS ISSUEDAS A MATTER OF. INFORIVJATION ONL\(AND CONFERS Nb .RIGHTS UPON THE CERTIFICATE HOLDER, THIS·

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Sealed Bid 54-011 Judicial Center Temperature Controls Upgrade Terms and Conditions, Page 1

INSTRUCTIONS TO BIDDERS COUNTY OF KANE

COMPETITIVE SELECTION PROCEDURE • BID TERMS AND CONDITIONS

1. AUTHORITY. This Invitation for Bid is issued pursuant to applicable provisions of the Kane County Purchasing Ordinance. ·

2. BID OPENING. Sealed bids will be received at the Kane County Purchasing Department until the date and time specified at which time they shall be opened in public. Late bids shall be rejected and returned unopened to the sender. Kane County does not prescribe the method by which bids are to be transmitted; therefore, it cannot be held responsible for any delay, regardless of the reason, in transmission of the bids.

3. BID PREPARATION. Bids must be submitted on this form and all information and certifications called for must be furnished. Bids submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Bids may be modified or withdrawn prior to the time specified for the opening ·of bids. Bids shall be filled out legibly in ink or type-written with all erasures, strike overs and corrections initialed in ink by the person signing the bid. The bid shall include the legal name of the bidder, the complete mailing address, and be signed in ink by a person or persons legally authorized to bind the bidder to a contract. Name of person signing should be typed or printed below the signature.

4. BID ENVELOPES. Envelopes containing bids must be sealed and addressed to the County of Kane Purchasing Department. The name and address of the bidder and the Invitation Number must be shown in the upper left corner of the envelope.

5. ERRORS IN BIDS. Bidders are cautioned to verify their bids before submission. Negligence on the part of the bidder in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened. In case or error in the extension of prices in the bid, the unit prices will govern.

6. RESERVED RIGHTS. The County of Kane reserves the right at any time and for any reason to cancel this Invitation for Bids, accept or reject any or all bids or any portion thereof, or accept an alternate bid. The County reserves the right to waive any immaterial defect in any bid. Unless otherwise specified by the bidder or the County, the County has ninety (90) days to accept. The County may seek clarification from any bidder at any time and failure to respond promptly is cause for rejection.

7. INCURRED COSTS. The . County will not be liable for any costs incurred by bidders in replying to this Invitation for Bids.

8. AWARD. It is the intent of the County to award a contract to the lowest responsive responsible bidder meeting specifications. The County reserves the right to determine the lowest responsive responsible bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interests of the County. Award will be based on the following factors (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value.


9. PAYMENT. The County of Kane requests all payments being made to vendors be done as direct deposits through an Automated Clearing House (ACH). All vendors being awarded a contract shall complete an authorization agreement form prior to award. The ACH form and information on this program can be located on the County's Web site under Vendor Information on the Finance Department page.

10. PRICING. The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, premiums on bonds, material or service costs, patent royalties and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period.

11. DISCOUNTS. Prices quoted must be net after deducting all trade and quantity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later.

12. TAXES. Kane County is not subject to Federal Excise Tax. Per Illinois Revised Statutes, Chapter 120, Paragraph 441: Kane County is exempt from state and local taxes.

13. SPECIFICATIONS. Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Bids on equivalent items will be considered, provided the bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the bidder specified otherwise, it is understood the bidder is offering a referenced brand item as specified or is bidding as specified when no brand is referenced, and does not propose to furnish an "equal." The County reserves the right to determine whether a substitute offe"r is equivalent to and meets the standard of quality indicated by the brand name and number referenced.

14. SAMPLES. Samples of items, when called for, must be furnished free of expense and, if not destroyed in the evaluation process, will, upon request, be returned at the bidder's expense. Request for the return of samples must accompany the sample and include UPS Pickup Slip, postage or other acceptable mode of return. Individual samples must be labeled with bidder's name, invitation number, item reference, manufacturer's brand name and number.

15. IINTERPRIETATION OR CORRECTION OF BIDDING DOCUMENTS. Bidders shall promptly notify the County of any ambiguity, inconsistency of error which they may discover upon examination of the bidding documents. Interpretations, corrections and changes will be made by addendum. Each bidder shall ascertain prior to submitting a bid that all addenda have been received and acknowledged in the bid.

16. VARIANCES. State or list by reference on the reverse side of this form any variations to specifications, terms and/or conditions.

17. RNDEMNIFICATION. The Seller shall indemnify and hold harmless the County, its agents, officials, and employees, from and against all injuries, losses, claims, suits, costs and expenses which may accrue against the County as a consequence of granting the Contract.


Contractor and/or Servicer's and/or Seller (as case may be), agrees to save, hold harmless, defend and indemnify the County of Kane and its Officers, Agents, and Employees, from any and all liability or loss incurred by the County of Kane resulting from Contractor's and/or Servicer's and/or Seller's noncompliance with any laws or regulations of any governmental authority having jurisdiction over Contractor's and/or Servicer's and /or Seller's performance of this contract and Contractor's and/or Seller's violation of any of the terms and ·conditions of this Agreement, and from the Contractor's and/or Servicer's and/or Seller's negligence arising from, in any manner and in any way connected with, the terms and conditions of this Agreement and arising from the Contractor's and/or Servicer's and/or Seller's performance thereunder.

18. DEFAULT. Time is of the essence of this contract and if delivery of acceptable items or rendering of services is not completed by the time promised, the County reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Seller, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with any or all losses incurred.

19. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the County's destination. The County reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions, specifications, drawings or data of Seller's warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Seller promptly after rejection.

20. WARRANTY. Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms of the solicitation, including any drawings, specifications or standards incorporated herein, and that they. will be free from latent and patent defects in materials, workmanship and title, and will be free from such defects in design. In addition, Seller warrants that said goods and services are suitable for, and will perform in accordance with, the purposes for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this solicitation. The County may return any nonconforming or defective items to the Seller or require correction or replacement of the item at the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its responsibility.

Contractor and/or Seller (as case may be) expressly warrants that all goods and services (real property and all structures thereon) will conform to the drawings, materials, performance and any other specifications, samples or other description furnished by the County, and will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship. Contractor and/or Seller (as case may be) agrees that these warranties shall run to Kane County, its successor, assigns, customers and users of the products or services and that these warranties shall survive acceptance of the goods or performance of the services.

21. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, packages and container for said good) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheet" in compliance with the Illinois Toxic Substances Disclosure to Employees Act.


22. EQUAL EMPLOYMENT OPPORTUNITY. (Res.No. 82-90, 6-10-80; Res. No. 81-79, 6-9-81: Res. No. 82-90, 6-8-82; 05-303, 09-23-05) State law references--Fair Employment Practices ct, Ill. Rev~Stat. Ch. 48, Sec.851 et seq.; requirements for public contracts, Ill. Rev. Stat. Ch. 48, ASec. 854.

The equal employment opportunity clause required by the Illinois Fair Employment Practices Commission is hereby incorporated by reference in all contract made by the county of and in all bid specifications therefore furnished by the county to all bidders, contractors and subcontractors.

The County of Kane, State of Illinois, represents that it and the employing agencies responsible to it, conform to the following:

We do not discriminate against any employee or applicant for employment because of race, creed, color, age, disability, religion, sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliation, or any other legally protected status.

We will take whatever action is necessary to ensure that applicants and employees are treated appropriately regarding all terms and conditions of employment. We will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

We will, in all solicitations or advertisements for employees placed by or on behalf of the employing agencies, state that all qualified applicants will receive consideration for employment without regard to race, creed, age, disability, religion, sex, national origin/ancestry, sexual orientation, marital status, veteran status, political affiliation, or any other legally protected status. (Res.No. 82-90, 6-10-80; Res. No. 81-79, 6-9-81: Res. No. 82-90, 6-8-82; 05-303, 09-23-05) State law references--Fair Employment Practices Act, Ill. Rev.Stat. Ch. 48, Sec.851 et seq.; requirements for public contracts, Ill. Rev. Stat. Ch. 48, Sec. 854.

23. PREVAILING WAGE RATES

WHEREAS, it is the policy of the State of Illinois as declared in "An ACT regulating wages of laborers, mechanics and other workman employed in any public works by the State, County, City or any political subdivision or by any work under construction for public works" approved June 26, 1941, that a wage of no less that the general prevailing hurly rate as paid for work of a similar character in a locality in which work is performed, shall be paid to all laborers, workmen and mechanics employed by and on behalf of any and all public body engaged in public works, exclusive of maintenance work.

PREVAILING WAGE ACT AMENDMENT: HB-1855 (PA 095-0635) amends the Prevailing Wage Act and requires Public Works contractors, before work commences, to file with the Public Body, certification that they have a substance abuse program and provide drug testing. This Act applies to a contract to perform work on a public works project for which bids are opened on or after January 1 , 2008, or if bids are not solicited for the contract to perform such work entered into on or after January 1, 2008. The provisions of this Act apply only to the extent there is no collective bargaining agreement in effect dealing with the subject matter of this Act.

Responsive Bidders must include with their bid a separate sheet showing trades to be employed and wage rates to be paid.


The current Illinois Department of Labor Prevailing Wage Rates for the County of Kane are available at their website http://www.state.il.us/agency/idol/. Prevailing wage rates are subject to revision monthly. Copies of the current prevailing wage rages are also available at the Kane County Purchasing Department, 719 Batavia Avenue, Geneva, Illinois.

Any contact within the purview of this resolution or of the Illinois Prevailing Wage Act shall provide that any contractor will employ apprentices who are properly indentured into a Joint Apprenticeship Training Program which is registered and certified with the United States Department of Labor, Bureau of Apprenticeship and Training. Failure to comply with the request for information or documentation will be construed as a material breach of the contract enabling the County to terminate the contract, seek forfeiture of any performance bond, and proceed with any other remedy against the contractor at law or inequity.

24. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits or claims for infringement of any patent or trademark rights and shall hold the County harmless from loss on account thereof.

25. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Illinois.

26. ELIGIBILITY. By signing this bid, the bidder hereby certifies that they are not barred from bidding on this contract as a result of a violation of Article 33E, Public Contracts of the Illinois Criminal Code of 1961, as amended (Illinois Compiled Statutes, 720 ILCS 5/33E-1).

27. CERTIFICATE OF INSURANCE REQUIRED BY KANE COUNTY Contractor to furnish and deliver prior to commencement of work, a completed Certificate of Insurance satisfactory to the requirements of County of Kane containing:

a) The Contractor and all Subcontractors shall provide a Certificate of Insurance naming the Owner (Kane County) as certificate holder and as additional insured. The certificate shall contain a 30-day notification provision to the owner (Kane County) prior to cancellation or modification of the policy.

b) Commercial General Liability insurance including Products/Completed operations, Owners and Contractor Protective Liability and Broad Form Contractual Liability. The exclusion pertaining to Explosion, Collapse and Underground Property Damage hazards eliminated. The limit of liability shall not be less than the following:

General Aggregate Products and Completed Operations Personal and Advertising Injury Each Occurrence Or - Combined Single Limit

$2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000

i) Products and Completed Operation coverage is to remain in force for a period of two years after the completion of project.


c) Business Automotive Liability Insurance including owned, hired and non-owned automobiles, and/or trailer and other equipment required to be licensed, with limits of not less than the following:

Each Person for Bodily Injury Each Occurrence for Bodily Injury Each Occurrence for Property Damage Or - Combined Single Limit

$1,000,000 $1,000,000 $1,000,000 $1,000,000

d) Statutory Worker's Compensation insurance shall be in accordance with the provisions of the laws of the State of Illinois, including Occupational Disease Act provisions, for employees at the site of the project, and in case work is sublet, the Contractor shall require each Subcontractor similarly to provide this insurance. In case employees are engaged in work under this contract and are not protected under the Workers Compensation and Occupational Disease Act, the Contractor shall provide, and shall cause Subcontractor to provide, adequate and suitable insurance for the protection of employees not otherwise provided.

e) Umbrella Liability: Aggregate Limits $2,000,000

Vendor to furnish a copy of the Endorsement showing Kane County, as an additional named insured on the General Liability, Auto, and Excess policies.

The Contractor shall cease operations on the project if the insurance is cancelled or reduced below the required amount of coverage.

28. BID DEPOSIT All bids must be accompanied by a Bank Cashier's Check, Bank Draft, Certified Check, or Bid Bond for not less than five (5%) percent of the amount of the Bid, or according to the schedule as provided.

Accompanying this Bid is a Bank Cashier's Check, Bank Draft, Certified Check, or Bid Bond, complying with the requirements of the specifications, made payable to the KANE COUNTY TREASURER.

In the event that one check, draft or bond is intended to cover two or more bids, the amount must be equal to the sum of the bid guarantees of the individual sections covered.

29. EXECUTION OF A PERFORMANCE BOND AND LABOR AND MATERIALS BOND When noted in the specifications, the County reserves the right to require the successful bidder to supply a Performance Bond and a Labor and Materials Bond within ten (10) calendar days of acceptance of the Vendor's bid by the County. The bonds, unless otherwise specified by the Director of Purchasing, shall be 1 00% of the total contract price.

30. FAILURE TO FURNISH BOND In the event that the Vendor fails to furnish the abovementioned bonds within ten (10) calendar days after acceptance of the bid by the County, then the bid deposit of the bidder shall be retained by the County as liquidated damages, it being now agreed that said sum is a fair estimate of the amount of damages that said County will sustain due to the Bidder's failure to furnish said bonds. ·

31. CONTRACTOR DISCLOSURE


A. Prior to award, every contractor or vendor who is seeking or who has obtained contracts or change orders to contracts or two (2) or more individual contracts with Kane County resulting in an amount greater than Fifteen Thousand Dollars ($15,000) shall disclose to the Kane County Purchasing Department, in writing all cumulative campaign Gontributions, (which includes multiple candidates) made within the previous twelve (12) months of awarding of the contract made by that contractor, union, or vendor to any current officer or countywide elected officer whose office the contract to be awarded will benefit. Disclosure shall be updated annually during the term of a multi-year contract and prior to any change order or renewal requiring Board level approval. For purposes of this disclosure requirement, "contractor or vendor" shall include owners, officers, managers, insurance brokers, lobbyists, agents, consultants, bond counsel and underwriters counsel, subcontractors corporations, partnerships, associations, business trusts, estates, trustees, and/or beneficiaries under the control of the contracting person, and political action committees to which the contracting person has made contributions.

B. All contractors and vendors who have obtained or are seeking contracts with Kane County must disclose the following information which shall be certified and attached to the application or document. Penalties for knowingly violating disclosure requirements will potentially result in immediate cancellation of the contract, and possible disbarment from future County contracts:

(a) Name, address and percentage of ownership interest of each individual or entity having a legal or a beneficial interest of more than five percent (5%) in the applicant. Any entity required by law to file a statement providing substantially the information required by this paragraph with any other government agency may file a duplicate of such statement;

(b) Names and contact information of their lobbyists, agents and representatives and all individuals who are or will be having contact with County employees or officials in relation to the contract or bid. This information disclosure must be updated when any changes to the information occurs.

(c) Whenever any interest required to be disclosed in paragraph (a) above is held by an agent or agents, or a nominee or nominees, the principals for whom such agents or nominees hold such interest shall also be disclosed. The application of a spouse or any other party, if constructively controlled by another person, or legal entity as set forth above, shall state the name and address and percentage of beneficial interest of such person or entity possessing such constructive control and the relationship under which such control is being or may be exercised. Whenever a stock or beneficial interest is held by a corporation or other legal entity, such shareholder or beneficiary shall also make disclosure as required by paragraph (a) above.

(d) A statement under oath that the applicant has withheld no disclosures as to economic interests in the undertaking nor reserved any information, data or plan as to the intended use or purpose for which it seeks County Board or other county agency action.


C. All disclosures and information shall be current as of the date upon which the application is presented and shall be maintained current until such time as Kane County shall take action on the application. Furthermore, this information shall be maintained in a database by the Purchasing Department, and made available for public viewing.

D. Notwithstanding any of the above provisions, the County Purchasing Department with respect to contracts awarded may require any such additional information from any applicant which is reasonably intended to achieve full disclosure relevant to the application for action by the County Board or any other County agency.

E. Any failure to comply with the provisions of this section shall render any ordinance, ordinance amendment, County Board approval or other County action in behalf of the applicant failing to comply voidable at the option of the County Board or other County agency involved upon the recommendation of the County Board Chairman or the majority of the County Board.

SPECIAL TERMS AND CONDITIONS

Table of Contents Number Subiect

DE-EE0000818/00 1 County of Kane, lllinois

1. RESOLUTION OF CONFLICTING CONDITIONS ...................................................... 2 2. AWARD AGREEMENT TERMS AND CONDITIONS .................................................. 2 3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS ................................. 2 4. PAYMENT PROCEDURES- ADVANCES THROUGH THE AUTOMATED

STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ............................ 2 5. CEILING ON ADMINISTRATIVE COSTS .................................................................. 3 6. LIMITATIONS ON USE OF FUNDS ........................................................................... 3 7. REIMBURSABLE FRINGE BENEFIT COSTS ........................................................... 3 8. INDIRECT COSTS ARE NOT REIMBURSABLE ......................................... ; ............. 4 9. PRE·AWARD COSTS ................................................................................................. 4 10. USE OF PROGRAM INCOME ....................... -.............................................................. 4 11. STATEMENT OF FEDERAL STEWARDSHIP ........................................................... 4 12. SITE VISITS ................................................................................................................. 4 13. REPORTING REQUIREMENTS ................................................... ~ ............................. 5 14. PUBLICATIONS ......................................................................................................... 5 15. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ......................................... & 16. LOBBYING RESTRICTIONS~ ..................................................................................... 6 17. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ............... 6

. 18. HISTORIC PRESERVATION ...................................................................................... 7 19. WASTE STREAM ....................................................................................................... 8 20. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS ..................... 8 21. SUBGRANTS AND LOANS ....................................................................................... 8 22. JUSTIFICATION OF BUDGET COSTS ...................................................................... 9 23. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED

ENERGY IMPROVEMENT PROGRAMS ................................................................... 9 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN

RECOVERY AND REINVESTMENT AC:f·OF 2009 (May 2009) ............................. 10 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512

OF THE RECOVERY ACT ........................................................................................ 14 26. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT

AND PRODUCTS·· SENSE OF CONGRESS ......................................................... 15 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED

GOODS- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 .............................................................. ~ ................ 15

28. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ..... 18

29. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT ........................................................................................................................... 22

30. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FPR INFORMING SUBRECIPIENTS ..................................... 23

31. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT .............................•........................................................................ 24

1

L RESOLUTION OF CONFLICTING CONDITIONS

.. - -- -DE,EE00008J8/001---- -County of Kane, Illinois

Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance.

2.. AWARD AGREEMENT TERMS AND CONDITIONS

This award/agreement consists of the Assistance Agreement, plus the following: a. Special Terms and Conditions. b. Attachments: Attachment Number Title

1. Statement of Project Objectives 2. Federal Assistance Reporting Checklist and Instructions 3. Budget Pages (SF 424A)

c. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov. d. Application/proposal as approved by DOE. e. National Policy Assurances to Be Incorporated as Award Terms in effect on date of

award at http://management.energy.gov/business_doe/1374.htm.

3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS

Acknowledgement of award documents by the Recipient's authorized representative through electronic systems used by the Department of Energy, specifically FedConnect, constitutes the Recipient's acceptance of the terms and conditions of the award. Acknowledgement via FedConnect by the Recipient's authorized representative constitutes the Recipient's electronic signature.

4 ... PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMEl'TTS (ASAP) SYSTEM

a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system.

b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet.your needs to disburse funds for the Federal share of project costs. If feasible, you should time each request so that you receive payment on the same day that you disperse funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close to actual disbursements as administratively feasible.

c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income,

2

DE-EE0000818/00 1 County of Kane, Illinois

rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from DOE.

d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S. Department of Treasury.

5.. CEILING ON ADMINISTRATIVE COSTS

a. Local government and Indian Tribe Recipients may not use more than 1 0 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545 (b )(3)(A)), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Administration.

b.. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored project, unless approved by the Contracting Officer.

6.. LIMITATIONS ON USE OF FUNDS

a. By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or.indirectly, for gambling establishments, aquariums, zoos, golf courses or swimming pools.

b.. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts proVided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(B)), for the establishment of revolving loan funds.

c. Local government and Indian tribe Recipients may not use more than 20 percent of the amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(C)), for sub grants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe.

7. REIMBURSABLE FRINGE BENEFIT COSTS

a. The Recipient is expected to manage their final negotiated project budgets, including their fringe benefit costs. DOE will not amend an award solely to provide additional funds for changes in the fringe benefit costs or for changes in rates used for calculating these costs. DOE recognizes that the inability to obtain full reimbursement for fringe

3

DE,£E0000818100-L- ----· - -·---·-County of Kane, Illinois

benefit costs means the Recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the Recipient's cost share.

b. If actual allowable fringe benefit costs are less than those budgeted and funded under the award, the Recipient may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Govemmenfs share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, the Recipient must refund the difference.

8. INDIRECT COSTS ARE NOT REIMBURSABLE

lhe budget for this award does not include indirect costs. Therefore, these expenses shall not be charged to nor reimbursement requested for this project nor shall the indirect costs from this project be allocated to any other federally sponsored project. In addition, indirect costs shall not be counted as cost share unless approved by the Contracting Officer. This restriction does not apply to subawardees' indirect or fringe benefit costs.

9. PRE-A WARD COSTS

You are entitled to reimbursement for costs incurred on or after February 17, 2009, as authorized by the pre-award costs letter dated January 12, 2010, if such costs are allowable in a·ccordance with the applicable Federal cost principles referenced in 10 CFR Part 600.

10. USE OF PROGRAM INCOME

If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and used to further eligible project objectives.

11. STATEMENT OF FEDERAL STEWARDSHIP

DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance With tenns and conditions; and reviewing technical p,erformance after project completion to ensure that the award objectives have been accomplished.

n. SITE VISITS

DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site

4

DE-EE0000818/001 County of Kane, Illinois

visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work.

13. REPORTING REQUIREMENTS

a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.

b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT."

14. PUBLICATIONS

a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award.

b. An acknowledgment of DOE support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows:

Acknowledgment: "This material is based upon work supported by the Department of Energy [National Nuclear Security Administration] [add name(s) of other agencies, if applicable] under Award Number(s) (enter the award number(s)]."

Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof."

5

. DE~EE0000818/00L __ . ____ ._ County of Kane, Illinois

15. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS

You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award.

16. LOBBYING RESTRICTIONS

By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

17. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS

You are restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE providing either a NEP A clearance or a final NEPA decision regarding this project.

DOE has made a conditional NEPA determination for this award, and funding for certain activities or tasks under this award is contingent upon the final NEP A determination. You may conduct the following activities with the conditions described below:

Activity 4: Kane County Facility Efficiency Improvements: • Prohibited actions include: Implementation of improvements. • This restriction does not preclude you from: Facility audits, development

of a suite of potential energy efficiency improvements, and prioritization of improvements.

Activity 5: Revolving Loan Fund for Public and Nonprofit Energy Efficiency Improvement Projects:

• Prohibited actions include: Implementation of any energy efficiency improvement projects, until such time that you comply with the Waste Stream Clause (Provision Number 17).

• This restriction does not preclude you from: Conducting audits, issuing your Request for Proposal (RFP), selecting a contractor, and publishing yourRFP.

Activity 7: Improvements to Kane County Division ofTransportation Intelligent Transportation System: • Prohibited actions include: Expansion of the fiber optic interconnect

network, installation of roadway weather systems and dynamic message signs, and installation of management systems.

• This restriction does not preclude you from: Conducting any audits and/or . studies related to the expansion and installation of weather systeins, message signs, and management systems.

6

The following Activities have no NEPA restrictions:

DE-EE0000818/00 1 County of Kane, lllinois

Activity 1: Kane County, Illinois Energy Efficiency and Conservation Program Administration ·

Activity 2: Update Kane County Energy Plan & Energy Efficiency Documents Activity 3: Kane County Facility Audits Activity 6: Building Trades Energy Efficiency Training Program Activity 8: Transportation Long Range Comprehensive Plan; Microsimulation &

Corridor Analysis Activity 9: Improvements to Methane Capture & Power Generation Facilities

If you move forward with activities that are not authorized for Federal funding by the DOE Contracting Officer in advance of the final NEP A decision, you are doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share.

If this award includes construction activities, you must submit an environmental evaluation report/evaluation notification form addressing NEP A issues prior to DOE initiating the NEPA process.

18. HISTORIC PRESERVATION

P~rior to the expenditure of Project funds to alter any historic structure or site, the Recipient or subrecipient shall ensure that it is compliant with Section 106 of the National Historic P1reservation Act (NHPA), consistent with DOE's 2009letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer (THPO) to coordinate the Section 106 review outlined in 36 CPR Part 800. SHPO contact information is available at the following link: http://www .ncshpo.org/find/index.htm. THPO contact information is available at the following link: http://www.nathpo.org/map.html. Section llO(k) ofthe NHPA applies to DOE funded activities.

If applicable, the Recipient or subrecipient certifies that it will retain sufficient documentation, to demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or THPO for the Project. Recipients or subrecipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance with Section 1 06 of the NHP A complete only after it has received this documentation. The Recipient or Slllbrecipient shall make this documentation available to DOE on DOE's request (for example, during a post-award audit).

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19. WASTE STREAM

··· -DE-EE00008l8/00l--~--· ··-~·--·- · County ofKane, Illinois

Tb.e Recipient assures that it will create or obtain a waste management plan addressing waste generated by a proposed Project prior to the Project generating waste. This waste management plan will describe the Recipient's or subrecipient's plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the proposed Project. The Recipient shall ensure that the Project is in compliance with all Federal, state and local regulations for waste disposal. The Recipient shall make the waste management plan and related documentation available to DOE on DOE's request (for example, during a post-award audit).

20. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS

Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the Recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the Recipient's facilities, or (ii) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of the Agreement.

2Jl. SUBGRANTS AND LOANS

a. The Recipient hereby warrants that it will ensure that all activities by sub-grantee(s) and loan recipients to accomplish the approved Project Description or Statement of Project objects are eligible activities under 42 U.S.C. 171534(1)-(13). State recipients hereby warrant that they will ensure that all activities by sub-grantee(s) and loan recipients pursuant to 42 U.S.C. 17155(c)(l)(A) to accomplish the approved Project Description or Statement of Project objects are eligible activities under 42 U.S.C. 171534(3)-(13}.

b. Upon the Recipient's selection of the sub-grantee(s) and loan recipients, the Recipient shall notify (i.e. approval not required) the DOE Contracting Officer with the folJowing information for each, regardless of dollar amount:

. Name of Sub-Grantee DUNS Number Award Amount Statement of work including applicable activities

State recipients shall notify the DOE Contracting Officer with the above information within 180 days of the award date in Block 27 of the Assistance Agreement Cover Page.

c. In addition to the information in paragraph b. above, for each sub-grant and loan that has an estimated cost greater than $2,000,000, the recipient must submit for approval by the Contracting Officer, a SF424A Budget Information - Nonconstruction Programs, and PMC 123.1 Cost Reasonableness Determination for Financial Assistance (available at http://www.eere-pmc.energy.gov/forms.asnx).

8

21.. JUSTIFICATION OF BUDGET COSTS

DE-EE0000818/00 1 County ofK.ane, Illinois

a. In the original application, the recipient did not provide sufficient information to justify the approval or release offundsfor the proposed activities. In order to receive reimbursement for the costs associated with the activities listed in the approved Statement of Project Objectives (SOPO), a justification for ali proposed costs must be submitted to the DOE Contracting Officer.

b. The Recipient must provide justification for the following costs:

Contractual Costs: I. The recipient shall provide the following information for each individual or company that will receive EECBG funding, regardless of dollar amount:

Name DUNS Number Award Amount Statement of work including applicable activities NEP A documentation, as applicable

2. In addition to the information in paragraph 1. above, for each individual or company that has an estimated cost greater than $2,000,000, the Recipient must submit a separate SF424A Budget Information- Nonconstruction Programs, and Budget Justification. The DOE Contracting Officer may require additional information concerning these individuals or companies prior to providing written approval.

c. Upon written notification and/or approval by the Contracting Officer, the Recipient may then receive payment for the activities listed in the approved SOPO for allowable costs incurred in accordance with the payment provisions contained in the Special Terms and Conditions of this agreement. These written notifications and/or approvals will be incorporated into the award by formal modification at a future date.

23. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS

Tlb.e parties recognize that the Recipient may use funds under this award for PropertyAssessed Clean Energy (PACE) loans, Sustainable Energy Municipal Financing, Clean Energy Assessment Districts, Energy Loan Tax Assessment Programs (EL TAPS), or any other form or derivation of Special Taxing District whereby taxing entities collect payments through increased tax assessments for energy efficiency and renewable energy building improvements made by their constituents. The Department of Energy intends to publish "Best Practices" or other guidelines pertaining to the use of funds made available to the Recipient under this award pertaining to the programs identifie<Lherein"'-:6y____,accepting this award, the Recipient agrees to incorporate, to the maximum extent practicable, those Best Practices and other guidelines into any such program(s) within a reasonable time after

9

--- .. DE-EE00008l8/001---~-------County of Kane, Illinois

notification by DOE that the Best Practices or guidelines have been made available. The Recipient also agrees, by its acceptance of this award, to require its sub-recipients to incorporate to the maximum extent practicable the best practices and other guideline into any such program used by the sub-recipient.

24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)

Preamble

The American Recovery and Reinvestment Act of2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds irn a manner that maximizes job creation and economic benefit.

The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as

·specified in Act itself and as discussed below.

Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).

Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

The Government has not fully developed the implementing instructi~ns of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation.

Definitions

For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act :fu.nds in the grant, cooperative agreement or TIA and/or modification using Recovery Act

10

funds. Covered Funds must be reimbursed by September 30, 2015.


Non-Federal employer means any employer with respect to covered funds-- the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government.

Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds.

Special Provisions

A. Flow Down Requirement

Recipients must include these special terms and conditions in any subaward.

B. Segregation of Costs

Recipients must segregate the obligations and expenditures related to funding under the R1ecovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects.

C. Prohibition on Use of Funds

N;:me of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, may be used by any State or local government, or anty private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

D. Access to Records

With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 80 of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized --

(1) to examine any records of the contractor or grantee, any of its subcontractors or

11

DE-EE00008l8/001- -··- -------------··----

County of Kane, Illinois

subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and

(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions.

E.. Publication

An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies:

Notice ofRestriction on Disclosure and Use of Data The data contained in pages---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shaH be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, inclu.ding the applicant.

Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure urider sections 552 and 552a of title 5, United States Code.

F. Protecting State and Local Government and Contractor Whistleblowers.

The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:

Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, im!luding a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a m1ember of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or tenninate misconduct), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of:

- gross management of an agency contract or grant relating to covered funds;

12

- a gross waste of covered funds;


- a substantial and specific danger to public health or safety related to the implementation or use of covered funds; ·

- an abuse of authority related to the implementation or use of covered funds; or - as violation oflaw, rule, or regulation related to an agency contract (including the

competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.

Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions:

- Order the employer to take affirmative action to abate the reprisal. - Order the employer to reinstate the person to the position that the person held before the

reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

- Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees arid expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction.

Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, fonn, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.

R~equirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, shall post notice ofthe rights and remedies as required therein. (Refer to section 1553 of the American R<ecovery and Reinvestment Act of2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.).

G. Reserved

H. False Claims Act

R•ecipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds.

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_ __ _ DE,.EE0000818LOO_L_ . __ _ ______ _ County of Kane, Illinois

I. Information in Support of Recovery Act Reporting

R~ecipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies ofbackup documentation at the request of the Contracting Officer or designee.

J. Availability of Funds

Funds obligated to this award are available for reimbursement of costs until 36 months after the award date.

K. Additional Funding Distribution and Assurance of Appropriate Use of Funds

Oertification by Governor- For funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of2009, Pub. L. 111-5, the Governor ofthe State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth.

Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.

Distribution -- After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion.

L. Certifications

With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description ofthe investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted.

25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THIE RECOVERY ACT

(a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of2009 (Recovery Act) and to report

14


on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public.

(b) The reports are due no later than ten calendar days after each calendar quarter in which the Recipient receives the assistance award funded in whole or in part by the Recovery Act.

(c) Recipients and their first-tier subrecipients must maintain current registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have a<~tive federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.

(d) The recipient shall report the information described in section l512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http://www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed.

26. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS-- SENSE OF CONGRESS

It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made.

*Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" and "REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009'' will be done upon definition and review of final activities.

27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS- SECTION 1605 OF THE AMERICAN RECOVER\' AND REINVESTMENT ACT OF 2009

(a) Definitions. As used in this award term and condition-

( l) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-

(i) Processed into a specific form and shape; or

(iil) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

15

DE-EE0000818/00 1 · County ofKane~Illinois-- ~---- -----

(2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multiState, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works.

(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent . carbon, and may include other elements.

(b) Domestic preforence. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) of this section and condition.

(2) This requirement does not apply to the material listed by the Federal Government as follows:

To Be Determined

(3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition ifthe Federal Government determines that-

(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent;

(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United Sftates in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (l)(i} Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government evaluation of the request, including-

(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;

(B) Unit of measure;

16

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location ofthe project;

(G) Name and address of the proposed supplier; and


(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) ofthis section.

(in) A request based on unreasonable cost shall include a reasonable survey of the market and a ,completed cost comparison table in the format in paragraph (d) of this section.

(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a :satisfactory explanation, the award official need not make a determination.

(2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavallability or public interest, the amended award shall reflect adjustment of the award amount, redistribution ofbudgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 17 6.11 0( a).

(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act.

(d) Data. To permit evaluation ofrequests under paragraph (b) of this section based on umeasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers:

17

........ _ _ ____ .DE~EEO_O_O_OKL8LQj)_l_ _____ ·- ______ _ County of Kane, Illinois

Foreign and Domestic Items Cost Comparison

Unit of Cost Description measure Quantity (dollars)*

Item 1:

Foreign steel, iron, or manufactured good

Domestic steel, iron, or manufactured good

Item 2:



List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

*Include all delivery costs to the construction site.

28. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

(a) Definitions. As used in this award term and condition-

Designated country- (l) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;

(2) A Free Trade Agreement (FT A) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Delimark, Estonia, Finland, France, .Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,

18


Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.

Designated country iron, steel, and/or manufactured goods - (I) Is wholly the growth, product, or manufacture of a designated country; or

(2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed.

Domestic iron, steel, and/or manufactured good- (1) Is wholly the growth, product, or manufacture of the United States; or

(2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed .in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States.

Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good.

Manufactured good means a good brought to the construction site for incorporation into the bVIilding or work that has been-

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than th1e properties of the individual raw materials.

Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multiState, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works.

Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

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(b) Iron, steel, and manufactured goods. (1) The award tenn and condition described in this section implements--

(i) Section 1605(a) ofthe American Recovery and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and

(ili) Section 1605( d), which requires application of the Buy American requirement.in a manner consistent with U.S. obligations under international agreements. The restrictions of se:ction 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of$7,443,000 or more.

(2) The recipient shall use only domestic or designated cm~ntry iron, steel, and manufactured goods in perfonning the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) ofthis section.

(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows:

To Be Detennined

(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government detennines that-

(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent;

(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or

(iii) The application of the restriction of section 1605 ofthe Recovery Act would be inconsistent with the publi~ interest.

(c) Request for determination ofinapplicability of section 1605 ofth,e Recovery Act or the Buy American Act. (1 )(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate infonnation for Federal Government evaluation of the request, including-·

20


(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section.

(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty.

(iv) Any recipient r~quest for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why tbe recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. lfthe recipient does not submit a satisfactory explanation, the award official need not make a determination.

(2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute bUtdgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a).

(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act.

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County of Kane, IIJinois

(dl) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Items Cost Comparison

Unit of Cost Description measure Quantity (dollars)*

Item 1:



Item 2:



List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

*Jinclude all delivery costs to the construction site.

29. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT

(at) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects· of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.

PlUrsuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are

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DE-EE0000818/00 1 County ofKane, Illinois

in1corporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).

(b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor re:tains final coverage authority under Reorganization Plan Number 14.

3Ul, RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL A WARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS

(a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with 2 CPR 215.21 "Unifonn Administrative Requirements for GJrants and Agreements" and OMB Circular A-1 02 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A-1 02 is available at http://www. whitehouse.gov/omb/circularslal 02/al 02.html.

(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular ~133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on th,t:: Schedule of Expenditures ofFederal Awards (SEFA) and the Data Collection Fonn (SFSAC) required by OMB Circular A-133. OMB Circular A-133 is available at http://www. whitehouse.gov/omblcirculars/al 33/al 33.html. This shall be accomplished by id,entifying expenditures for Federal awards made under the Recovery Act separately on the SEF A, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and indusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d ofPart III on the SF-SAC.

(c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular sub awards under the existing program.

(d) Recipients agree to require their subrecipients to include on their SEFA infonnation to specifically identify Recovery Act funding similar to the requirements for the recipient SEF A described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds_as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.

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31. DAVIS-BACON ACT AND CONTRACT WORKBOURS AND SAFETY STANDARD ACT

Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety Standards Act," the following definitions are applicable:

(1) "Award'' means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors.

(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lowertier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees."

(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees.

(4) "Contracting Officer'' means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non-program aspects of the financial assistance process.

( 5) "Recipient" means any entity other than an individual that receives an A ward of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is fmancially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award.

(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier sub!ecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it inch:tde any form of assistance which is excluded from the definition of"Award" above.

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DE-EE0000818/00 I County of Kane, lllinois

(7) "Subrecipient" means a non-Federal entity that expends Federal funds received from a Recipient to carry out a Federal program;but does not include an individual that is a beneficiary of such a program.

(a) Dnvis Bacon Act

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage detennination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(I)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in§ 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the Davis-Bacon poster (WH -1321) shall be posted at all times· by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The Contracting Officer shall require that any class oflaborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

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DE-EE0000818/001 · count}rorkane:Imnois---·- --------·

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the construction industry; and

-(3) The proposed wage rat_e, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interest¢ parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(l)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits

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DE-EE0000818/00 l County of Kane, Illinois

under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a sep~rate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the·event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction · or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course ofthe work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 193 7, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) ofthe Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.S(a){l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b )(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification

27

. -DE-EE00008l8/00L County of Kane, Illinois

of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esalwhdlforms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,, signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under§ 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate il)formation is being maintained under§ 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly,

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D E-EE0000818/00 I County of Kane, Illinois

and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfY the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section I 001 of title 18 and section 3 729 of title 31 of the United States Code.

(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives ofthe Department of Energy or the Department of Labor, and shall permit such representatives to interview employees during working hours on the jqb. If the_ Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 .12.

(4) Apprentices and trainees-

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,

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~-DE-EE00008l8/001-· -------------County of Kane, Illinois

who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess· of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages ofthejoumeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice

_ classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actua1ly performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the

30


wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part

. 30. .

(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract.

(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(l) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.

(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations ofthe Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference iit this Contract. ·

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions ofthis Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility.

(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or finn ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).

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(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(l) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(l) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(l) of this section.

(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request oHm authorized representative ofthe Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or · subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to. satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of this section. (4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)( 1) through ( 4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(l) through (4) of this section.

32

DE-EE0000818/001 County ofKane, 111inois

(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the compl~tion ofthe Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number ofhours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job ..

(c) RElcipient Responsibilities for Davis Bacon Act

(I) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:

(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award;

(ii) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations;

(iii) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non-compliances identified as the result of reviews performed pursuant to paragraph (ii) above;

(iv) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-complian9e issues cannot be resolved in a timely manner, forward complaints, summary ofinvestigations and all relevant information to DOE;

(v) Provide DOE with detailed information regarding the resolution of any DBA non-compliance issues;

(vi) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements;

(vii) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer; and

(viii) Provide copies of all records upon request by DOE or DOL in a timely manner.

33

(d) Rates of Wages

DE-EE000081 8/001 County of Kane, Illirioii~

The prevailing wage rates determined by the Secretary of Labor can be found at http://www.wdol.gov/.

34

General Decision Number: IL100008 03/12/2010 ILS

superseded General Decision Number: IL20080008

State: Illinois

Construction Types: Building and Residential

counties: Du Page, Grundy, Kane, Kendall, Lake, McHenry and Will Counties in Illinois.

BUILDING AND RESIDENTIAL PROJECTS (does not include landscape projects).

Modification Number 0

PUblication Date 03/12/2010

ASBE0017-005 06/01/2009

ASBESTOS WORKER/INSULATOR includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of

Rates

mechanical systems .......... $ 42.05 Fire Stop Technician ............. $ 24.33 HAZARDOUS MATERIAL HANDLER

includes preparation, wetting, stripping, removal, scrapping vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not ............. $ 31.54

BOil,OOOl-003 07/01/2009

Fringes

21.00 19.80

19.80

DU PAGE, GRUNDY, KANE, KENDALL, LAKE, MCHENRY, AND WILL COUNTIES

Rates Fringes

BOILERMAKER ...................... $ 40.97 18.97

BRIL0014-001 06/01/2009

DU P~~E, GRUNDY, LAKE, and WILL COUNTIES

Rates Fringes

BRICKLAYER ....................... $ 39.03 19.90

BRIL0021-002 06/01/2009

Rates

MARBLE SETTER .............•...... $ 39.03

BRIL0021-008 06/01/2009

Rates

TERRAZZO WORKER/SETTER ........... $ 39.01 TILE FINISHER .................... $ 32.15 TILE SETTER ...................... $ 38.63

BRIL0021-010 06/01/2009

Rates

MARBLE FINISHER .................. $ 29.10

Fringes

19.90

Fringes

19.11 13.62 15.34

Fringes

19.90 ---------------------------------------------~------------------BRIL0027-002 06/01/2009

KANE, KENDALL, and MCHENRY COUNTIES

Rates Fringes

BRICKLAYER ....................... $ 39.03 19.90

CARPOSSS-004 10/01/2009

Residential

DU PAGE and LAKE COUNTIES

Rates Fringes

CARPENTER ......................... $ 35.37 20.12

CARPOSSS-005 06/01/2009

BUILDING

DUPAGE and LAKE COUNTIES

Rates Fringes

CARPENTER ................•....... $ 40.77 20.D

CARP0555-006 06/01/2009

WILL COUNTY

BUILDING

Rates Fringes

Carpenter; Millwright; Piledrivermen .................... $ 40.77

CARPOSSS-007 10/01/2009

WILL COUNTY

RESID:Il!NTIAL

Rates

CARPENTER ............•......•.... $ 3 5 . 3 7

CARPOSSS-009 06/01/2009

KANE, KENDALL, AND McHENRY COUNTIES

BUILDING

CARPENTER Carpenter, Floor Layer, Lather, Millwright, and

Rates

Piledriver .................. $ 40.77

CARP0555-010 10/01/2009

KANE, KENDALL, and McHENRY COUNTIES

RESIDENTIAL

Rates

CARPE:t•ITER . . . . . . . • . . . . . . • . . . . . . . .. $ 3 5 . 3 7

CARPOSSS-012 10/01/2009

GRUNDY COUNTY

CARPENTER carpenter, Millwright, Piledriver, and Soft Floor

Rates

Layer ....................... $ 40.77 Residential ................. $ 35.37

ELEC0009-002 05/25/2009

WILL COUNTY

Rates

Line Construction Groundman ....•......•....... $ 31.08 Lineman and Equipment

22.44

Fringes

20.12

Fringes

20.13

Fringes

20.12

Fringes

20.13 20.12

Fringes

58.18%

Operator .................... $ 39.85 58.18%

ELEC0117-002 01/01/2010

KANE (Northern Half) and McHENRY COUNTIES

Rates Fringes

ELECTRICIAN .....•........•....•.. $ 42.60 50.94%

ELEC0117-0'03 06/01/1997

KANE (Northern Half), and McHENRY COUNTIES

Rates Fringes

ELECTRICIAN ELECTRICAL TECHNICIAN ....... $ 22.49 36%

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN <integrated system digital network) .The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELECOlS0-002 06/01/2009

LAKE COUNTY

Rates Fringes

ELECTRICIAN Building & Residential ...... $ 38.35 25.09

ELECOlS0-003 06/0l/2009

LAKE COUNTY

Rates Fringes

ELEC'I'RICIAN ELECTRICAL TECHNICIAN .....•. $ 33.13 20.36

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network) .The work shall cover the. pulling of wire in raceways, but not

the installation of raceways.

ELEC!Ol76-003 06/0l/2009

Grundy and Will Counties

Rates Fringes

ELEC'l~RICIAN ...................... $ 3 7 . 50 27.37

ELEC0176-008 06/01/2009

GRUNDY and WILL COUNTIES

Rates Fringes

ELEC'l'RICIAN ...................... $ 39.00 26.72

ELEC0176-015 06/01/2009


Rates Fringes

ELECTRICIAN .............•......•. $ 32.20 20.77

Work includes the installation, maintenance and removal of telecommunication facilities (voice, sound,.data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network) .The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELEC0461-002 08/31/2009

KANE (Southern Half) AND KENDALL COUNTIES

Rates

ELEC'l'RICIAN Building .................... $ 42.47 Residential ........ ~ ........ $ 41.34

ELEC046l-005 06/01/2009

KANE (Southern Half) , AND KENDALL COUNTIES

Rates

ELECTRICIAN ELECTRICAL TECHNICIAN ....... $ 34.22

Fringes

21.22 21.36

Fringes

19.27

work includes the installation, maintenance and removal of

telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network).The work shall cover the pulling of wire in raceways, but not the installation of raceways.

ELECO?Ol-002 06/01/2009

DUPAGE COT.JNTY

Rates

ELECTRICIAN Building .................... $ 36.20 Residential ................. $ 35.25

ELEC070l-003 06/0l/1997

DU PAGE COUNTY

Rates

ELEC'I'RICIAN ELECTRICAL TECHNICIAN ...•.•. $ 22.25

Fringes

27.28 27.23

Fringes

1.42+30.90%

Wo:rk inoludes the installation, maintenance and removal. of telecommunication facilities (voice, sound, data and video), telephone, security, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central office, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN, (wide area networks), LAN (Local area networks), and ISDN (integrated system digital network) .The work shall cover the pulling of. wire in raceways, but not the installation of raceways.

ELEV0002-001 01/01/2010

DU PAGE, KANE, KENDALL, LAKE, and WILL COUNTIES

Rates Fringes

ELEVATOR MECHANIC ................ $ 46.16 20.035+A+B

FOOTNOTES:

A. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Day after Tha.nksgi ving Day; Veterans' Day and Christmas Day.

B. Employer contributes 8% of regular hourly rate as vacation pay credit for employee who has worked in business more than 5 years, and 6% for employee who has worked in

,~·.

business less than 5 years.

ELEV0132-004 01/01/2005

McHENRY COUNTY

Rates Fringes

ELEVATOR MECHANIC ................ $ 35.57 12.115+A&B

FOOTNOTES:

A . Eight paid holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Day after Thanksgiving; Veterans' Day and Christmas Day.

B. Employer contributes 8% of regular hourly rate as vacation pay credit for employee who has worked in business more than 5 yrs, and 6% for employee who has worked in business less than 5 yrs.

* ENGIOl50-026 06/0l/2009

BUILDING and RESIDENTIAL

OPERATOR: (Undefined)

GROUP GROUP GROUP GROUP

Rates

Power Equipment

1 •......•....••••.•.. $ 45.10 2 •....•.•..••.•...•.. $ 43.80 3 •••••••.•••••.•••••• $ 41.25 4 .....•...•..•..•.... $ 39.50

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

Fringes

22.80 22.80 22.80 22.80

GROUP 1: Mechanic; Asphalt Plant*; Asphalt Spreader; Autograde*; Backhoes with Caisson attachment*:Batch Plant*; Benoto{Requires two Engineers); Boiler and Throttle Valve; Caisson Rigs*; Central Redi-Mix Plant*; Combination Backhoe Front Endloader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted)*; Concrete Conveyor; Concrete Conveyor, Truck Mounted; Concrete Paver over 27E cu. ft.*; Concrete Paver 27E cu ft and Under*; Concrete Placer*; concrete Placing Boom; concrete Pump (Truck Mounted); Concrete Tower; Cranes*; cranes, Hammerhead*; Cranes, (GCI and similar type Requires two operators only); Creter Crane; Crusher, Stone, etc; Derricks; Derricks, Traveling*; Formless curb and Gutter Machine*; Grader, Elevating; Grouting Machines; Highlift shovels or Front Endloader 2 1/4 yd. and over; Hoists, Elevators, Outside Type Rack and pinion and similar Machines; Hoists, one, Two, and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes*; Hydraulic Boom Trucks; Hydraulic Vac (and similar equipment);Locomotives; Motor Patrol*; Pile Drivers amd Skid Rig*; Post Hole Digger; Pre- Stress Machine; Pump Cretes Dual Ram(Requiring frequent

Lubrication and Water); Pump cretes; Squeeze Cretes-Screw Type PUmps Gypsum Bulker and Pump; Raised and Blind Hole Drill*; Rota Mill Grinder (36 11 and Over)*; Roto Mill Grinder (Less Than 36")*; Scoops-Tractor Drawn; Slip-Form Paver*; straddle Buggies; Tournapull; Tractor with Boom, and Side Boom; and Trenching Machines*.

GROUP 2: Bobcat (over 3/4 cu yd); Boilers; Brick Forklift; Broom, Power Propelled; Bulldozers; Concrete Mixer (Two Bag and over); Conveyor, ~ortable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front End loaders under 2 ~/4 cu yd; Aotomatic Hoists, Hoists, Inside,Elevators; Hoists, sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted)*; Rollers; Steam Generators; Tractors; Tractor Drawn Vibratory Roller (Receives an additional $.50 per hour); Winch Trucks with 11A11 Frame.

GROUP 3: Air compressor-small 250 and Under (1 to 5 not to exceed a total of 300ft); Air compressor-Large over 250; Combination-Small Equipment Operator; Generator- Small 50 kw and under; Generator-Large over 50 kw; Heaters, Mechanical; Hoists, Inside Elevators (Remodeling or Renovatin work); Hydrualic Power units (Pile Driving, Extracting, and Drilling); Low Boys; Pumps Over 3 11 (1 To 3 not to exceed a total of 300ft); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches; Bobcat (up to and including 3/4 cu yd)

GROUP 4 - Bobcats and/or other Skid Steer Loaders; Brick Forklifts; Oilers *-Requires Oiler

IRONOOOl-014 06/01/2009

DU PAGE (Eastern 1/4), LAKE, AND MCHENRY (Hebron, Woodstock, and East thereof) COUNTIES

Rates

IRONWORKER Sheeter .................... -.$ 41.00 Structural and Reinforcing .. $ 40.75

IRON0063-003 06/01/2009

Fringes

27.24 27.24

LAKE, DUPAGE (Eastern 1/4) and McHENRY (HEBRON, WOODSTOCK & EAST THEREOF) COUNTIES

Rates Fringes

IRONWORKER, ORNAMENTAL ........... $ 39.20 22.99

IRON0063-004 06/01/2009

LAKE, DUPAGE (Eastern ~/4), and McHENRY (HEBRON, WOODSTOCK &

EAST THEREOF) COUNTIES

Rates Fringes

IRONWORKER Fence Erector ............... $ 32.15 18.43

IRON·0136-002 07/01/2009

LAKE, DUPAGE (Eastern l/4) and McHENRY (HEBRON, WOODSTOCK & East thereof) COUNTIES

Rates

IRONWORKER Machine Movers and Riggers .. $ 37.25 Master Riggers .............. $ 39.75

IRON0393-002 07/01/2009

Fringes

25.54 25.54

DUPAGE (REMAINDER), KANE, KENDALL (NORTHERN PART), and MCHENRY (SOUTHEAST 1/4) COUNTIES

Rates Fringes

IRONWORKER ....................... $ 41 . 8 0 24.63

IRON0444-002 06/01/2009

DUPAGE (ARGONNE & VIC), GRUNDY, KENDALL (Southern Part), and WILL COUNTIES

Rates

IRONWORKER ....................... $ 3 8 . 0 0

IRON0498-006 06/01/2009

McHENRY COUNTY (Northwest Part)

Rates

IRONWORKER ....................... $ 3 5 • 0 0

* LAB00002-003 06/01/2008

DU PAGE COUNTY

Rates

LABORER - UNDEFINED GROUP 1 .................... $ 34.75 GROUP 2 .................... $ 34. 75

Fringes

26.26

Fringes

27.66

Fringes

15.27 15.27

GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP

3 ........•....•...•.. $ 4 .•.•.••••.••••••••.• $ 5 ..............•..... $ 6 ...•.•..•••••••••••• $ 7 ...........•.•••.•.. $ 8 ...•....•.••.•••••.• $ 9 •••••••.•.••.••••••• $

10 .................•.• $ 11 .................... $ 12 ..........•..•...... $

LABORER CLASSIFICATIONS

34.825 34.85 34.90 34.95 34.975 35.025 35.10 35.20 35.025 35.75

15.27 15.27 15.27 15.27 13.87 15.27 15.27 15.27 15.27 15.27

GRC>UP 1 :. Building laborers, Plasterer tenders, Pumps for Delltatering & other Unclassified Laborers

GROU:P 2: Fireproofing and fire shop laborers

GROUP 3: Cement gun laborers and hose

GROUP 4: Chimney over 40 feet; scaffold laborers; WeJ.dman-wreckers Burners

GROUP 5: Cement gun nozzle (gunite) laborers; Windlass and capstan person

GROUP 6: Stone derrickmen and handlers

GROUP 7: Jackhammermen, Power driven concrete saws and other power equipment

GROUP 8: Firebrick & boiler laborers

GROUP 9: Chimney on fire brick; Caisson Diggers; Well Point system men

GROUP 10: Boiler setter plastic laborers

GROUP 11: Jackhammermen on fire brick work only

GRC)UP 12: Dosimeter (any device) monitoring nuclear exposure); Asbestos abatement laborers; Toxic and Hazardous wa~;;1te removal laborers

* LAB00075-001 06/01/2008

GRUNDY AND WILL COUNTIES

Rates

LABORER - UNDEFINED GROUP 1 .•••............•...• $ 34.75 GROUP 2 .•••••••••••••••••••• $ 34.85 GROUP 3 ....••••••••••••••••• $ 34.95 GROUP 4 .....•............... $ 35.00 GROUP 5 ..................... $ 35 . .25 GROUP 6 ..................... $ 35.60

Fringes

15 . .27 15 . .27 15 . .27 15.27 15 . .27 15.27

GROUP 7 ..................... $ 35.75 15.27

LABO~~R CLASSIFICATIONS

GROUP 1 - Mortar mixers, handling asphalt shingles; Scaffolds; Sewer and trench work (ground level down to 8 fee·t); Catch basin and manhole diggers, mesh handling on road work; Cement and mineral filler handler; concrete puddlers; Batch dumpers (cement & asphalt); Vibrator operators;. Sand and stone wheelers to mixer Handlers); Concrete wheelers; Airtamping hammermen; Concrete & paving breakers; Rock drillers/Jackhammermen; Chipping hammermen 1-Bag mixer; Asphalt laborer; Chain and power saws; Pit men; Fencing laborers; Mason tenders (mortar and brick wheeler) ; Kettlemen & tarmen, tank cleaners; Scaffold and staging laborers; Pot Firemen {tarmen); Heaters tender for any purpose; Water pumps (portable water pumps shall be tended by laborers if the employer determines tending is required); Rip rap; Handling of slab steel road forms in any manner, except road form setting, setting center strips, Contraction and expansion joints (road work); Unloading and handling of lumber, brick, transite materials, cast iron water pipe, reinforced concrete rods, sewer and drain tile, railroad tiles and all other creosoted materials; paving blocks and concrete forms; Handling of insulation of any type; all work involving the unloading of materials, fixtures, or furnishing, whether crated or uncrated; all mortar and composition mixers of sewer work; track laborers; Chimney and silo laborers working at a height of 1 to 48 feet; All laborers working on swinging suspended, or any type or make of scaffolding l to 48 feet; All laborers working inside a sphere or any type or make of tank;.Working inside a sphere or any type or make of tank from bottom to a height of 48 feet; Form strippers (any type); Mechanical or motorized buggies, for concrete or masons employers; Use of skid steer loads or any other machinery which replaces the wheelbarrow or buggy; Handling multiple concrete duct or any other type of pipe used in public utility work unless otherwise specified herein; Snapping of wall ties and removal of rods; drilling of anchor bolt holes; Concrete or asphalt clipper type saws and self-propelled saws; Shoulder and grade laborers; All hydraulic electric and air or any other type of tools; Grouting and caulking; Cleaning lumber, Nail pulling, Deck hand; Dredgehand; Shore laborer; Bankmen on Floating Plant; Tool and material checkers; Signalmen and Flagmen on all con;struction work; Cleaning of debris; Removal of trees; Concrete curing, temporary concrete protection regardless of manner or materials used; Laborers'on Apsco; Janitorial; Wrecking and demolition laborers

GROUP 2 - Sewer and drain pipe layers and multiple concrete duct or any other type of pipe used, on public utility work (ground level to a feet) ; Pumpcrete pipe handlers

GROUP 3 - Asphalt rakers; Hod carriers; Plasterer laborers; Guru~ite laborers, Slab for setters on roads, highways,

streets, airport runaways, and radii (any type of form) stringline men for all aforementioned work; Wagon and tower drillers on land and floating plant used on dredging; Asphalt gunners and plug men (undercoating on road work); Mortar pump laborers; Plaster pump laborers

GROUP 4 - Tunnel miners/ and all laborers inside tunnel; Air blow pipemen; Torchmen (burners); Mortaring men on sewer and drain pipe (the applying of mortar and composition mixes); All bottom men on sewer work-all sewer and drain pipelayers-multiple concrete duct or any other type of pipe used on public utility work-s feet or more below ground level, and all other sewer and trench laborers e feet or more below ground level regardless of excavation ·area; All labor work inside cofferdam; Use of a 10 foot or more drill steel for hand held drills; Caisson laborers ground level down 15 feet; All air tools B feet or more below ground level; All laborers working on swinging-suspended or any type or make of scaffolds/ 48 feet to 100 feet; All chimney and silo laborers working at a height of 48 to 100 feet; All tamping hammers over 150 lbs.; All laborers working inside of a sphere or any type or make of tank at a height of 48 feet to 100 feet; all hydraulic, electric and air tools or any other type a feet or more below ground level; Vibrators-any type-8 feet or more below ground level

GROUP 5 - Gunnite nozzle men; Caisson laborers and all tamping hammers from 150 lbs and over; from 15 feet below ground level down to so feet; and all laborers working inside of a sphere or any type of tank for every additional so feet or part thereof above 100 feet in height

GROUP 6 - All underground cavern laborers; Caisson laborers 50 feet or more below ground level; Laborers working under radio active conditions (suiting up); Blasting men (Powdermen)

GROUP 7 - Dosimeter (any device) used for monitoring nuclear exposure; Asbestos abatement worker; Toxic and hazardous waste removal laborer; and chimney and silo laborers for every additional so feet or any part thereof above 100 feet high

* LAB00149-00l 06/01/2008

KANE, KENDALL, AND McHENRY COUNTIES

Rates

LABORER - UNDEFINED GROUP 1 ..................... $ 34 . 75 GROUP 2 ..................... $ 34. 85 GROUP 3 ..................... $ 34 . 90 GROUP 4 ...•..........•...... $ 34.75 GROUP 5 ...•................. $ 35.00 GROUP 6 ..................... $ 3 5 . 2 5 GROUP 7 ..................... $ 35.60 GROUP 8 ..................•.. $ 3 5 . 7 5

Fringes

15.52 15.52 15.52 15.52 15.52 15.52 15.52 15.52

LABORER CLASSIFICATIONS

GROUP 1 Common Laborer

GROUP 2 Power Vibrator

GROUP 3 Torchman (demolition only), Mortarmen

GROUP 4 Power Tamper

GROUP 5 Jackhammer & Airspade; Chainsaw, Swinging Stage and Boatswain Chair; Cement Gun Nozzleman; Hod Carrier; Plasterer Tender, and Tunnel Man

GROUP 6 Tile Layers; Bottom Men

GROUP 7 Caisson Laborers; Dynamiters

GROUP 8 Asbestos abatement laborers, Toxic and hazardous waste removal laborers, Dosimeter (any device) monitoring nuclear exposure

LAB00152-001 06/01/2009

LAKE COUNTY

LABORER GROUP GROUP 1:lROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP GROUP

1 .................... $ 2 ••.••.•...•.•••...•• $ 3 ..........•......... $ 4 ••••••.•.••.••.••.•• $ 5 .................... $ 6 .•.....••....•..•.•. $ 7 •••••••••••••••••••• $ B •••••••••••••••••••• $ 9 .................... $

10 .................... $ 11 .................... $

LABOR:e:R CLASSIFICATIONS

Rates

34.75 34.825 34.85 34.90 34.95 34.975 35.025 35.10 34.90 35.20 35.75

Fringes

15.52 15.52 15.52 15.52 15.52 15.52 15.52 15.52 15.52 15.52 15.52

GROUP 1: Building laborers; Plasterer tenders, General laborers (wrecking and demolition); Fireproofing and fire shoJp laborers

GROUP 2: Cement gun laborers and hose

GROUP 3: Chimney over 40 feet; Scaffold laborers; Wall men or wreckers

GROUP 4: Cement Gun nozzle (gunite) laborers

GROUP 5: Stone derrickmen and handlers

GROUP 6: Jackhammermen (tampers & vibrators); Power driven concrete saws

GROUP 7: Firebrick & boiler laborer setters

GROUP 8: Chimney laborers (on fire brick); Caisson Diggers; Well Point system men

GROUP 9: Windlass and capstan persons

GROUP 10: Boiler setter plastic laborers

GROUP 11: Dosimeter (any device) monitoring nuclear exposure; Asbestos abatement laborers; Toxic and hazardous waste removal laborers

PAIN0014-002 06/01/2009

GRUNDY, LAKE, and WILL COUNTIES

Rates

PAINTER Brush, Decorator, and Paperhanger ............... · .. $ 3 8 • 0 0

PAIN0027-003 06/01/2009

Rates

GLAZIER .......................... $ 37.00

PAIN0030-00l 05/01/2009

DUPAGE, KANE, KENDALL, AND MCHENRY COUNTIES

PAINTER Brush, Drywall Taper/Finisher,

Rates

Sandblaster, and Spray ...... $ 39.68

PLAS0005-003 07/01/2009


Rates

PLASTERER .........•......•...•..• $ 38.55

PLAS0005-006 07/01/2001

DU PAGE COUNTY

Rates

Fringes

18.44

Fringes

22.88

Fringes

15.55

Fringes

19.14

Fringes

PLASTERER ........................ $ 28.65

PLASOOll-008 07/01/2004

DE KALB, KANE, KENDALL, AND McHENRY COUNTIES

Rates

CEMEN':r MASON/ CONCRETE FINISHER ... $ 31. 50

PLAS0011-012 06/01/2004

GRUNDY AND WILL COUNTIES

Rates

CEMENT MASON/CONCRETE FINISHER ... $ 32.40

PLAS0011-014 06/01/2004

LAKE COUNTY

Rates

CEMENT MASON/ CONCRETE FINISHER ... $ 31. 50 PLASTERER ........................ $ 30.00

8.44

Fringes

13.91

Fringes

13.11

Fringes

13.83 13.87

----------------------------------~-----------------------------PLAS0803-002 06/01/2008

DUPAGE COUNTY

Rates Fringes

CEMENT MASON/CONCRETE FINISHER ... $ 38.00 15.84

PLUM0093-001 06/01/2008

LAKE and McHENRY COUNTIES

Rates Fringes

PLUMBER .......................... $ 41.55 18.52

PLUM0130-002 06/01/2008

DUPAGE COUNTY (Argonne National Laboratories and Fermi National Laboratory)

Rates Fringes

PLUMBER .......................... $ 43.00 16.20

PLUM0422-004 06/01/2009


Rates Fringes

PLUMBER & STEAMFITTER ............ $ 43.00 20.91

PLUMOSOl-001 06/21/2009

DUPAGE (excluding Argonne National Laboratory and Fermi National Laboratory), KANE, and KENDALL (except the Mich-Wis Pumping Station in Milbrook, Silicas and Plant and Village of Newark, excludes Yorkville) COUNTIES

Rates Fringes

PLUMBER/PIPEFITTER ............... $ 39.50 22.10

PLUM0597-001 06/01/2009

DUPAGE (Argonne National Laboratories, and Fermi National Laporatory), LAKE, and MCHENRY COUNTIES

Rates Fringes

PIPEFITTER ....................... $ 4 3 . 15 18.78

ROOF0011-004 12/01/2009

DUPAGE, KANE, KENDALL, LAKE, MCHENRY, and WILL COUNTIES

ROOFER, Including Built Up, Composition and Single Ply

Rates

Roofs ............................ $ 37:oo

ROOF0011-009 12/01/2009

Rates

ROOFER ........................... $ 29 .16

SFIL0669-002 01/01/2010

Fringes

13.85

Fringes

13.85

DuPAGE, KANE, KENDALL, LAKE, McHENRY, and WILL COUNTIES

Rates Fringes

SPRINKLER FITTER ................. $ 36.14 16.10

SHEE0073-003 01/01/2007

LAKE COUNTY

Rates Fringes

Sheet metal worker ............... $ 36.96 17.42

SHEE0073-004 01/01/2007

LAKE COUNTY

Rates Fringes

Sheet Metal Worker ALUMINUM GUTTER WORK .......• $ 24.03 ·· 17.42

SHEE0265-001 12/01/2009

DU PAGE 1 GRUNDY I KANE, KENDALL, McHENRY 1 and WILL COUNTIES

Rates

SHEET METAL WORKER ............... $ 41.66

* TEAM0179-001 09/01/2009

GRUNDY, KENDALL, and WILL COUNTIES

Rates

TRUCK DRIVER 2 or 3 Axle Trucks .......... $ 35.65 4 Axle Trucks ............... $ 35.80 5 Axle Trucks ........•...... $ 36.00 6 Axle Trucks ............... $ 36.20 All Lowboy Trucks ........... $ 37.20

FOOTNOTE: a. $189.00 per week.

Fringes

22.27

Fringes

6.67+a 6.67+a 6.67+a 6.67+a 6.67+a

FOOTNOTE: An additional $.20 per axle shall be paid for all vehicles with more than six (6) axles.

CLASSIFICATIONS:

Group 1 - Frame Truck when used for transportation purposes; Air Compressor and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Articulated Dumps; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry Alls; Forl Lifts and Hoister.s; Helpers; Mechanics Helpers and Greasers; Oil Distributors, two-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Pothole Repair Trucks; Power Mower Tractors; Quick Change Barrier; Self-Propelled Chip Spreader; Shipping and Receiving Clerks and Checkers; Skipman; Slurry Trucks, two-man operation; Slurry Trucks, Conveyor Operated - 2 or 3 man operation; Teamsters; Unskilled Dumpmen; Warehousemen and Dockffien; Truck Drivers hauling warning lights, barricades, and portable toilets on the job site

Group 2 - Dispatcher; Dump Crets and Adgetators under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-Mix Plant Hopper

operator; Winch Trucks, 2 Axles

Group 3 - Dump Creta and Adgetators, 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Tllrnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, one-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry Trucks, one-man operation; Winch Trucks, 3 axles or more; Mechanic - *Truck Welder and *Truck Painter*These classifications shall only apply in areas where and when it has been a past area practice; Asphalt Plant Operators in areas where it has been past practice

Group 4 - Dual-purpose vehicels, such as mounted crane tucks · with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front

* TEAM0301-001 06/01/2008

LAKE AND MCHENRY· COUNTIES

Rates

TRUCK DRIVER 2-3 AXLES .............•..•.• $ 32.20 4 AXLES ..................... $ 32.35 5 AXLES ..................... $ 32.50 6 AXLES ....•................ $ 32.75

FOOTNOTE: a. $448.00 per week

Fringes

.l5+a

.15+a

.l5+a

.lS+a

An additional $.20 per axle shall be paid for all vehicles with more than six (6) axles.

Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

900 straight time hours or more in 1 calendar year for the same employer shall receive 1 week paid vacation; 3 years -2 weeks paid vacation; 10 years - 3 weeks paid vacation; 20 years - 4 weeks paid vacation.

CLASSIFICATIONS:

Group l - Frame Truck when used for transportation purposes; Air Compressor and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Articulated Dumps; Batch Gate Lockers; Batch Hopperman; Car and Truck washers; Carry Alls; Forl Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors, two-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Pothole Repair Trucks; Power Mower Tractors; Quick

Change Barrier; Self-Propelled Chip Spreader; Shipping and Receiving Clerks and Checkers; Skipman; Slurry Trucks, two··man operation; Slurry Trucks, Conveyor Operated - 2 or 3 man operation; Teamsters; Unskilled Dumpmen; Warehousemen and Dockmen; Truck Drivers hauling warning lights, barl:icades, an~ portable toilets on the job site

Group 2 - Dispatcher; Dump Crets and Adgetators under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Tunlapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-Mix Plant Hopper Operator; Winch Trucks, 2 Axles

Group 3 - Dump Crets and Adgetators, 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump TUrnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, one-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry Trucks, one-man operation; Winch Trucks, 3 axles or more; Mechanic - *Truck Welder and *Truck Painter*These classifications shall only apply in areas where and when it has been a past area practice; Asphalt Plant operators in areas where it has been past practice

Group 4 - Dual-purpose vehicels, such as mounted crane tucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front

* TEAM0673-003 06/01/2008

DU PAGE and KANE COUNTIES

Rates Fringes

TRUCK DRIVER 2-3 AXLES ................... $ 32.55 .lS+a 4 AXLES ..................•.. $ 32.70 .15+a 5 AXLES ..................... $ 32.90 .lS+a ,5 AXLES ...................... $ 33.10 .lS+a

FOOTNOTE: a. $434.00 per week.

An additional $.20 per axle shall be paid for all vehicles with more than six (6) axles.

Paid Holidays! New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

900 straight time hours or more in 1 calendar year for the same employer shall receive 1 week paid vacation; 3 years -2 weeks paid vacation; 10 years - 3 weeks paid vacation; 20

years - 4 weeks paid vacation.

CLASS:[FICATIONS :

Group 1 - Frame Truck when used for transportation purposes; Air compressor and Welding Machines, including those pulled by <::ars, pick-up trucks and tractors; Ambulances; Articulated Dumps; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; carry Ails; Forl Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors, two·-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Pothole Repair Trucks; Power Mower Tractors; Quick Change Barrier; Self-Propelled Chip Spreader; Shipping and Receiving Clerks and Checkers; Skip~an; Slurry Trucks, two-man operation; Slurry Trucks, conveyor Operated - 2 or 3 man operation; Teamsters; unskilled Dumpmen; warehousemen and Dockmen; Truck Drivers hauling warning lights, barricades, and portable toilets on the job site

Group 2 - Dispatcher; Dump Crets and Adgetators under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump TU~~apulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-Mix Plant Hopper Operator; Winch Trucks, 2 Axles

Gro1Jp 3 - Dump Crets and Adgetators, 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, one-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry Trucks, one-man operation; Winch Trucks, 3 axles or more; Mechanic - *Truck Welder and *Truck Painter*These classifications shall only apply in areas where and when it has been a past area practice; Asphalt Plant Operators in areas where it has been past practice

Group 4 - Dual-purpose vehicels, such as mounted crane tucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front

WELDERS - Rece.i ve rate prescribed for craft performing operation to which welding is incidental. =====-========================================================== Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5. 5 (a) {1) (ii)) .

In the listing above, the 11 SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on

a wage determination matter * a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction wage Determinations Wage and Hour Division u.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). ·write to:

Wage and Hour Administrator u.s. Department of Labor 200 constitution Avenue, N.W. washington, DC 20210

The r•equest should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

=====================================-------=========-=========== END OF GENERAL DECISION

0141 00- REGULATORY REQUIREMENTS

A2 ARRA Buy American Requirement Exceptions

6450-01-P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

Nationwide Limited Public Interest Waivers under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act)

AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy (DOE).

NOTICE: Buy American Exception under the American Recovery and Reinvestment Actof2009

SUMMARY: The Office ofEnergy Efficiency and Renewable Energy (EERE) of the

U.S. DepartmentofEnergy hereby provides notice that on March 19,2010, the Assistant

Secretary for EERE granted nationwide limited waivers of the Buy American

requirements of the American Recovery and Reinvestment Act of2009 (Recovery Act;

Pub. L. l 1 1·5) under the authority of section 1605(b )(1) [application of the restrictions of

section 1605 would be inconsistent with the public interest] for the purchase of light-

emitting diode LED lighting (lamps, fixtures, and any supporting components) and

heating, ventilation and air conditioning (HV AC) units. These nationwide limited

waivers apply to projects using EERE Recovery Act funds for the construction,

alteration, maintenance and repair of a public building or public work. These limited

waivers only apply in circumstances where the recipient of EERE Recovery Act funds

("grantee") has taken substantial steps to commit funds for the purchase of LED lights or

HV AC units between February 17, 2009 and March 31, 2010. Substantial steps to

commit funds would include, but are not limited to, ( 1) issuing a Request for Proposals

2

(RFP) on ot· before March 31, 20 I 0 (applicable only where the grantee accepts a proposal

received under that RFP); (2) in the case of a sole source selection: placing an order for

the goods on or before March 31, 2010; (3) commencing a bidding process on or before

March 31, 2010; (4) in circumstances where the grantee solicited quotes without an RFP:

the grantee purchases the goods· based on a quote dated on or before March 31, 2010 and

the order for the goods is placed on or before March 31, 2010; and (5) grantee has

executed a contract or purchase agreement with a supplier to acquire affected goods

between February 17, 2009 and March 31, 20 l 0.

On March 31, 2010, these limited waivers of Buy American provisions will expire, with

the exception of LED traffic lights, arrows, and crosswalk signals, which are covered by

a nationwide categorical waiver based on domestic nonavaiJability issued on February 11,

2.01 0. After March 31, 2010, EERE grantees are required to procure LED lighting and

. HV AC units from domestic manufacturers in accordance with the Recovery Act Buy

American provisions.

DATES: Effective Date: March 19,2010.

FOR FURTHER INFORMATION CONTACT: Benjamin Goldstein, Energy

Technology Program Specialist, Office of Energy Efficiency and Renewable Energy

(EERE), (202) 287-1553, Department of Energy, 1000 Independence Avenue SW.,

Mailstop EE-2K, Washington, DC 20585.

3

SUPPLEMENTARY INFORMATION: Section 1605 of the Recovery Act prohibits

the use of recovery funds for the construction, alteration, maintenance, or repair of a

public building or public work unless all of the iron, steel, and manufactured goods used

in the project are produced in the United States, or unless a waiver is granted by the head

of the Federal department or agency. A waiver may be granted if the head of the Federal

department or agency determines that one of three listed exceptions applies: (1) the

application of Section 1605 requirements would be inconsistent with the public interest;

(2) the iron, steel, or relevant manufactured good is not produced in the United States in

sufficient and reasonably available quantities and of a satisfactory quality; or (3) the cost

of domestic iron, steel, or relevant manufactured goods will increase the cost of the

.overall project by more than 25 percent.

. In accordance with section 1605(c) of the Recovery Act and Section 176.80 ofTitle 2 of

ilie Code of Federal Regulations, DOE hereby provides notice that, pursuant to a

dlelegation of authority by the Secretary of Energy, dated November l 0, 2009, the

Assistant Secretary, EERE, has granted limited nationwide waivers of the requirements

of Section 1605 of the Recovery Act for LED lighting (lamps, fixtures, and any

supporting components) and heating, ventilation and air conditioning (HV AC) units in

circumstances where the recipient ofEERE Recovery Act funds ("grantee") has taken

substantial steps to commit funds for the purchase of LED lights or HV AC units between

February 17, 2009 and March 31, 2010. Under the authority of section 1605(b)(l) of the

Recovery Act, the Assistant. Secretary, EERE, has determined that the application of

section 1605 requirements in these circumstances would be inconsistent with the public

4

interest.

The limited waivers for these two categories of manufactured goods are intended to ·

resolve the confusion surrounding the characterization of LED lights and HVAC units as

'"supply" items, and thus not subject to the Recovery Act Buy American provisions. The

concept ofthe "supply" item has its origins in the Buy American Act (41 U.S.C. lOa

J.Od) and the Federal Acquisition Regulation (FAR), neither of which applies to section

1605 of the Recovery Act The concept of a "supply" item has no significance in the

context of section 1605 (the Buy American provisions) of the Recovery Act. The Buy

American provisions apply to all iron, steel, and manufactured goods used for a project

funded by Recovery Act appropriations for the construction, alteration, maintenance, or

repair of a public building or public work. However, there is no requirement with regard

to the origin of components or subcomponents in manufactured goods used in the project,

as long as the manufacturing occurs in the United States (2 CFR 176.70).

However, it is understandable that a general lack of familiarity with the Buy American

provisions would lead Recovery Act stakeholders to reference a similar set of

procurement regulations-such as those codified by the FAR and Buy American Act

for guidance in understanding and interpreting section 1605 of the Recovery Act. This

confusion ultimately led some recipients ofEERE Recovery Act funds to rely on the

"supply" item characterization to procure some LED lighting products and HVAC units

from foreign manufacturers, without first seeking and obtaining an official waiver of

section 1605 of the Recovery Act.

5

The purpose of the Recovery Act Buy American provisions is to support economic

recovery by driving investment into the domestic manufacturing sector and recycling

Recovery Act dollars within the U.S. economy. Given that the majority of Recovery Act~

related procurement for EERE~funded projects has yet to occur, the Buy American

provisions still have ample opportunity to fulfill their purpose and potential. This

nationwide limited waiver being issued for LED lighting and HV AC units is critical to

l'esolving the existing confusion, clearly elucidating the requirements of section 1605 of

the Recovery Act, and moving forward in a proactive manner.

To support this potential, facilitate the implementation of section 1605 of the Recovery

Act, and ensure that Recovery Act funds are deployed expeditiously, EERE is

operationalizing a robust and proactive strategy to locate domestic manufacturers for the

hard-to-find products sought by grantees. This strategy is outlined in a Request for

Information published in Federal Register Vol. 75, No. 23 on Thursday, February 4 (and

posted on the EERE Buy American webpage

http://www l.ecre.energy.gov/recovery/buy american provision.html), and demonstrates

IEERE's commitment to the fulfillment of the economic and job-creation potential of the

Recovery Act Buy American provisions.

Finally, the installation of LED lights and more efficient HVAC units is a proven strategy

to achieve impressive energy savings, reduce energy expenditures, and to create

immediate jobs in the building, construction, and electrical trades. All three of these

6

attributes can support near·term economic recovery and long-term sustainability in

}![)cations across the country. Hence, the installation of these products has inherently

supported the goals of the Recovery Act and-as a popular use of Recovery Act funds by

EERE grantees-will continue to do so in the unambiguous regulatory landscape made

possible by this nationwide limited waiver.

This SUPPLEMENTARY INFORMATION constitutes the detailed written justification

required by Section 1605( c) for waivers based on a finding under subsection (b).

This waiver determination is pursuant to the delegation of authority by the Secretary of

Energy to the Assistant Secretary for Energy Efficiency and Renewable Energy with

respect to expenditures within the purview of her responsibility. Consequently, this

waiver applies to EERE projects carried out under the Recovery Act.

Authority: Pub.L. Ill-S, section 1605.

/l-r_J -L-0[.1"~· --, Cath'tZOi L Assistant S~c.'letary fOr Energy Efficiency and Reue\Vable Energy U.S .. Department of Energy

Dated: March 19,2010

ASSISTANT SECRETARY OF ENERGY FOR ENERGY EFFICIENCY AND RENEWABLE ENERGY

MEMORANDUM OF DECISION

SUBJECT: Determination of inapplicability (categorical waiver) under seetion 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) for LED traffic lights, arrows, and crosswalk signals; fluorescent electronic lighting baUasts (with the exception of electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps below 50% of their rated light output); and screwbase and pin-base compact fluorescent lamps (CFLs) (with the exception of plug-in CFLs longer than 10 inches).

Under the authority of Recovery Act, section 1605(b)(2), the head of a federal department or agency may issue a "determination of inapplicability'' (a waiver of the Buy American provisions) if the iron, steel, or relevant manufactured good is not produced or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality ("nonavailability"). On November 10,2009, the Secretary of Energy delegated the authority to make all innaplicability determinations ~ the Assistant Secretary for Energy Efficiency and Renewable Energy (EERE), for EERE projects under the Recovery Act. Pursuant to this delegation the Assistant Secretary, EERE, has concluded that LED traffic lights, arrows, and crosswalk signals; fluorescent electronic lighting ballasts (with the exception of electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps below 50% of their rated light output); and screwbase and pin-base compact fluorescent lamps (with the exception of plug-in CFLs longer than 10 inches) all qualify for the "nonavailability" determination.

The determination of inapplicability under Recovery Act section 1605 for these three products is based on extensive market research and a thorough investigation of the domestic manufacturing landscape. This research revealed that these three products are manufactured almost exclusively in China and Mexico.

EERE corresponded with a wide range of lighting industry stakeholders, including the . National Electrical Manufacturers Association, three major lighting companies (GE, Osram Sylvania, and Phillips), the IUE-CWA labor union, and many smaller lighting · manufacturers, in establishing the domestic nonavailability determinations. The two specific exceptions to these categorical waivers (for electronic dimming ballasts and 10-inch and longer CFLs) are evidence of the very detailed research effort undertaken to support the formulation of these nonavailability determinations.

These determinations are also informed by the large number of inquiries and petitions to EERE from recipients ofEERE Recovery Act funds ("grantees"), suppliers, and trade

associations-all stating that their individual efforts to locate domestic manufacturers have been unsuccessful.

EERE has also received two specific waiver requests from grantees for LED traffic lights and fluorescent electronic lighting ballasts, and has postponed granting waivers for these individual projects in favor of developing nationwide categorical waivers that would benefit all grantees implementing projects that utilize these manufactured goods.

EERE is operationalizing a strategy that involves collaborating with multiple stakeholders in the manufacturing community to disseminate technical specifications for hard-to-find products to ascertain whether or not there are any domestic manufacturers for these products. This strategy will ensure that all future determinations of nonavailability are developed via a thorough, transparent, and expedited process. However, while this larger strategy is unfolding, it is critical to move forward with the nationwide categorical waivers for these three manufactured goods, where domestic nonavailability has been ascertained and is currently i!:npeding the progress of numerous Recovery Act projects funded by EERE.

These determinations of inapplicability (categorical waivers) apply to all projects using EERE Recovery Act funds for the construction, alteration, maintenance and repair of public buildings or public works. The Assistant Secretary, EERE, reserves the right to revisit and amend these determinations based on new developments or changes in the domestic manufacturing capacity for these three technologies.

The specific products detailed below will be excluded from the determinations of inapplicability (i.e. these products will remain subject to the Buy American provisions) because some domestic manufacturing capacity does exist.

1) Electronic dimming ballasts for fluorescent lamps

Electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps below 50% of their rated light output.

2) Plug-in CFLs longer than 10 inches ·

CFLs greater than 10 inches in length have a 4-pin base and are rated from 18 to 27 watts. They are available in a range of color temperatures and are used, for example, in facilities, offices, warehouses and display cases. Lengths range from 10.5 in (266.7 mm) to 22.5 in (571.5 mm), and rated life ranges from 10,000 to 20,000 hours.

3) Traffic light fixtures

The nationwide categorical waiver for LED traffic lights, arrows, and crosswalk signals covers the LED lights and any adjacent wires and electronic parts necessary for the functiomility of the lights themselves; but excludes the metal or plastic fixtures (also referred to as the "housing" or "shell").

In light of the foregoing, and under the authority of section 1605(b )(2) of the Public Law 111-5 and Redelegation Order 00-002-01 C, dated November 10, 2009, with respect to Recovery Act projects funded by EERE, I hereby issue a "determination of inapplicability" (a waiver under the Recovery Act Buy American provisions) for LED b:affic lights, arrows, and crosswalk signals; fluorescent electronic lighting ballasts (with the exception of electronic dimming ballasts for fluorescent lamps that are capable of operating the lamps below 50% of their rated light output); and screw-base and pin-base compact fluorescent lamps (with the exception of plug-in CFLs longer than 10 inches). Furthermore, I reserve the right to revisit and amend these determinations based on new developments or changes in the domestic manufacturing capacity for the!ie three technologies.

CathyZoi Assistant Secretary for Energy Efficiency and Renewable Energy U.S. Department of Energy

February 11, 2010

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