The following Exhibits are attached hereto and incorporated herein by reference:
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3 PROPOSAL/CONTRACT 1.1 EXHIBITS. The following Exhibits are attached hereto and incorporated herein by reference: BID SUBMITTAL CHECKLIST EXHIBIT A - Omitted by Metra EXHIBIT B - Information For Bidders EXHIBIT C - General Provisions EXHIBIT D - FTA/IDOT Addendum for Construction Contracts EXHIBIT E - Illinois Prevailing Wage Act EXHIBIT F - Civil Rights Requirements (Title VI Assurance) EXHIBIT G - Construction Insurance Requirements EXHIBIT H - Tax Exemption Authorization EXHIBIT I - DOL - Equal Employment Opportunity Requirement EXHIBIT J - Omitted by Metra EXHIBIT K - Metra Disadvantaged Business Compliance Requirements EXHIBIT L - Affidavit/Certification EXHIBIT M - Buy America Certificate EXHIBIT N - Omitted by Metra EXHIBIT O - Standard Contractor Application and Certification for Payment EXHIBIT P- Change Order Request Form EXHIBIT Q- Contract Modification Worksheet EXHIBIT R- Specifications for Metra Pace 8 th Floor Renovation, June 8, 2016 EXHIBIT S- Drawings Prepared by Legat Architects EXHIBIT T- Detailed Specification for the Abatement of Asbestos Containing Materials and Lead Based Paint, Rev. June 1, 2016 EXHIBIT U- Quality Management Program EXHIBIT V- Omitted by Metra EXHIBIT W- U.S. Department of Transportation FTA Requirements, Contract Clauses EXHIBIT X- Veterans Preference
4 ATTENTION ATTENTION REVISED BID SUBMITTAL CHECKLIST Use the following checklist to ensure completeness in assembling your bid. Failure to submit and/or complete all requested information may result in your bid being rejected as materially non-responsive. CHECK BOX WHEN COMPLETED A. Bid Envelope: Properly addressed B. Proposal/Contract: All spaces filled in, the bid amount, paragraph 3.0 page 3; complete pages 3A, 3B, 3C, and 3D; list addenda in paragraph 4.11 on page 7; the signature page 8 executed and attested to; two (2) sets of pages 1 thru 8 with original signatures on both copies C. Exhibit K: Metra Disadvantaged Business Compliance Requirements Executed D. Exhibit L: Affidavit/Certification Executed E. Exhibit M: Buy America Certificate: Executed Not Applicable F. Bid Bond or Cashier s/certified Check For 5% of the Bid Amount - Enclosed CONSTRUCTION CONTRACT
5 EXHIBIT D FTA/IDOT ADDENDUM FOR CONSTRUCTION CONTRACTS 20) Assignment. This Agreement shall be binding upon and inure to the benefit of the respective successor, assigns, heirs, and personal representatives of Metra and Contractor. Any successor to the Contractor s rights under this agreement must be approved by Metra. 21) Government Inspection. Representatives of the United States Government and of the State of Illinois shall have access to the site of construction and shall have the right to inspect all project works. 22) Patent Infringement. The Contractor shall defend any suit or proceeding brought against Metra that is based on claims of equipment patent infringement. The Contractor shall pay any damages and costs awarded therein, including incidental and consequential damages, against Metra. In case said equipment, or any part thereof in such suit, is held to constitute infringement and use of said equipment or part thereof is enjoined, the Contractor shall, at its own expense and option, either procure for Metra the right to continue using said equipment or part thereof, replace same with non-infringing equipment, or modify it so it becomes non-infringing. 23) Disputes. 24) Buy America. a) In the event the Contractor disagrees with a decision of Metra concerning any question or issue arising under the Contract prior to acceptance of the last work under the Contract, Contractor shall request arbitration by so advising Metra in writing within ten (10) business days after receiving notice of the decision of Metra with which it disagrees. When arbitration is requested by the Contractor, the parties shall attempt to agree upon the appointment of one impartial arbitrator out of five impartial arbitrators, all of whom shall be members of the National Academy of Arbitrators. Either party shall have the right to reject one entire list and to request a submission of another panel. Thereafter, the Contractor shall strike two names, Metra shall then strike two names and the name of the last person remaining on the list will be designated as the arbitrator, and his appointment and final decision shall be binding on both parties. b) It is agreed, however, that the authority of an arbitrator shall be confined to the interpretation and application of the specific provisions of the contract documents. He shall have no right to add to, take from or modify any of the provisions thereof. c) The cost and the expenses of arbitration shall be divided equally between Metra and the Contractor. d) Pending final disposition of a dispute hereunder, the Contractor shall carry on the work unless otherwise agreed to by Metra and the Contractor in writing. a) The Contractor agrees to comply with 49 U.S.C (j), FTA's Buy America regulations at 49 C.F.R. Part 661, and any amendments thereto, and any 18
6 EXHIBIT D FTA/IDOT ADDENDUM FOR CONSTRUCTION CONTRACTS implementing guidance issued by FTA, with respect to this Contract, when financed by Federal funds (Grant Agreement or Cooperative Agreement.) b) As a condition of responsiveness, the Contractor agrees to submit with its Bid submission, a completed Buy America Certificate. 25) Required in Bidding Requirements. a) In the event a single bid is received, Metra will conduct a price and/or cost analysis of the bid. A price analysis is the process of examining the bid and evaluating the separate cost elements. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and costs attached hereto. b) Where it is impossible to obtain a valid price analysis, it may be necessary for Metra to conduct a cost analysis of the bid price with the bidder's full cooperation. c) The price and/or cost analysis will be made by competent and experienced auditors or Contract agents. An engineer's estimate or comparison of the prices involved in this Contract is insufficient. d) If Metra does not have the capabilities to perform the needed analysis, FTA will lend support in obtaining the services of the Defense Contract Audit Agency. 26) Conservation. Contractors shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy Conservation Act (42 UDC, Section 6321 et seq.). 27) Changing Requirements. To achieve compliance with changing Federal, State and Local requirements, Contractor is to recognize that the requirements may change and the changed requirements will apply to this project as required, unless the Federal, State and/or Local Government determines otherwise. 28) Reporting, Record Retention and Access. The Contractor agrees as follows: a) Reports. The Contractor agrees to provide Metra and if requested, to the FTA, those reports required by the Contract and as required by U.S. Dept. of Transportation's Grant Management rules or other reports the Federal Government may require. b) Record Retention. The Contractor agrees that, during the course of this Contract and for three (3) years thereafter it will maintain intact and readily accessible all data, documents, reports, records, contracts, and supporting materials relating to the Contract as Metra or the Federal Government may require to review. 19
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