Town of Cicero

Summary

1 Town of Cicero Larry Dominick – Town President Request for Qualifications CDBG-DR Engineering, Design, Construction Administration and Management Consulting Services Project Manager: Tom M. Tomschin Email: ttomschin@thetownofcicero.com Date Issued: PROPOSALS DUE BY: December 1, 2025 3PM. 2 Contents Request for Qualifications Notice ................................................................................................... 3 Proposal Submittal Instructions ...................................................................................................... 3 Scope of Work ................................................................................................................................. 4 Background ................................................................................................................................. 4 Project Overview ......................................................................................................................... 6 Location of Work ......................................................................................................................... 6 Project Timeline Expectations .................................................................................................... 7 Tasks/Deliverables ...................................................................................................................... 7 Program Implementation and Management: Infrastructure ..................................................... 7 EXPECTATIONS OF THE DESIGNER ................................................................................................ 11 SCOPE OF WORK ....................................................................................................................... 11 DESIGNER SELECTION CRITERIA ................................................................................................ 12 SCHEDULE ................................................................................................................................. 12 Evaluation Criteria & Proposal Instructions .................................................................................. 13 A. Qualifications of the firm ...................................................................................................... 13 B. Qualifications of Personnel ................................................................................................... 14 C. Past Performance References ............................................................................................... 14 D. Technical Approach .............................................................................................................. 14 E. Cost Proposal ........................................................................................................................ 14 Evaluation Metrics ........................................................................................................................ 15 Evaluation and Selection Process ................................................................................................. 15 Proposal Submittal Instructions .................................................................................................... 16 Cost Proposal ................................................................................................................................ 17 Exhibit 1: Request for Proposal (RFQ) Terms and Conditions ...................................................... 20 Exhibit 2: Federally required Terms and Conditions.................................................................... 25 ATTACHMENT A ........................................................................................................................ 40 ATTACHMENT B ........................................................................................................................ 41 ATTACHMENT C ........................................................................................................................ 42 ATTACHMENT D ........................................................................................................................ 43 ATTACHMENT E ......................................................................................................................... 44 3 Request for Qualifications Notice Pursuant to the Town of Cicero's Procurement, Purchasing and Contracting Policy, Proposals will be received by the Town of Cicero for the following: The Town of Cicero is seeking proposals from highly qualified firms to provide long -term, comprehensive services to implement our Community Development Block Grant -Disaster Recovery (CDBG-DR) allocation. These services will encompass Engineering, Design, Construction Administration and Management Consulting Services. Notice is hereby given that the Town will accept p roposals until December 1, 2025, 3PM local time. The Request for Qualifications (RFQ) is comprised of the base RFQ document, any attachments, and any addenda released before contract award. All attachments and addenda released for this RFQ in advance of any contract award are incorporated herein by reference. Proposal Submittal Instructions All proposals MUST be clearly identified on the envelope as: RFQ-CDBG-DR Engineering, Design, Construction Administration and Management and MUST be delivered by December 1, 2025, 3:00 pm. Proposals must be delivered to the following address: Town of Cicero Clerk’s Office 4949 W. Cermak Rd. Cicero, IL 60804 ATTN: Tom M. Tomschin Late Proposals will not be considered and will be rejected and destroye d. The Town will not be responsible for any delays in the delivery, receipt or handling of Proposals. Proposals must be signed by an authorized representative of your organization. Faxed proposals will NOT be considered. Respondent must submit one (1) original and five (5) copies in hardcopy format. In addition, Respondent must submit six (6) copies of the Proposals on a CD-ROM or flash drive in .pdf format. The original document must clearly be marked and must b ear the original signature of an authorized agent. Respondent must enclose all documents in a sealed container. Proposals submitted via facsimile or electronic mail will not be accepted and will be rejected and destroyed. 4 Questions and Addenda Inquiries and/or clarifications must be submitted via email to the project manager Tom M. To mschin via email at ttomschin@thetownofcicero.com by November 20, 2025, 5:00pm. 1. Any revisions to this RFQ shall be ma de by written addendum only. Addendum will be issued answering all questions and/or addressing any approved modifications to the RFQ. 2. No oral statements by any person shall modify or otherwise affect this RFQ. 3. Proposers shall acknowledge receipt of any addendum by returning a signed copy with their proposal. 4. All addenda will be posted to https://thetownofcicero.com/government/town-notices/ . It is the responsibility of the proposer to check this website periodically for any changes to this proposal. 5. All submissions are subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.) Scope of Work Background On July 2nd of 2023, Significant Flash Flooding occurred in Chicago and nearby suburbs. In Cicero, 8.6” of rain fell resulting in unprecedented impacts on the Town’s residents, infrastructure, and economy. On January 16, 2025 , HUD published an Allocation Announcement Notice (AAN) in the Federal Register which allocated more than $11.8 billion in Community Development Block Grant – Disaster Recovery (CDBG-DR) in new funds made available by the Disaster Relief Supplemental Appropriations Act, 2025. The funds are available for major disasters occurring in 2023 or 2024 (90 FR 4759). CDBG-DR grants are allocated directly to a State, local government, or Indian Tribe pursuant to a formula developed by HUD. The department awards funds to “most impacted and distressed” (MID) areas that are in need of disaster relief, long -term recovery, restoration of infrastructure and housing, economic revitalization, and mi tigation. All funds must be allocated for disaster - related or mitigation-eligible activities in accordance with the applicable Federal Register notices, the Housing and Community Development Act of 1974, Title 24 Section 570 of the Code of Federal Regulations. The announcement provided funding to 22 States, 15 counties, 8 cities, and one U.S. territory. The Town of Cicero is a direct recipient of these CDBG-DR Funds, and is receiving an allocation of $96,004,000.00. The Town of Cicero Department of Housing is the lead agency administering this program. These funds are related to the flooding event Cicero experienced in July of 2023. 5 Community Development Block Grant -Disaster Recovery (CDBG -DR) funding is designed to address needs that remain after all ot her assistance has been exhausted. After an extensive public engagement process, the Town finalized its CDBG-DR Action Plan, and on September 29, 2025, HUD approved the Town’s Plan. The final funding allocations are dedicated to the following program areas: CDBG-DR Funded Activities Eligible Cost Category Activity CDBG-Budget Amount Administration Administration 4,500,000.00 Planning Planning 1,500,000.00 Housing Sewer Check Valve Installation 20,004,000.00 Infrastructure Stormwater Management and Storage 30,978,000.00 Infrastructure Sewer Repair and Construction 26,500,000.00 Economy N/A - Mitigation Set Aside Permeable Alleys 12,522,000.00 Total 96,004,000.00 Allocation Percentages Eligible Cost Category Unmet Need % of Unmet Need % in MID CDBG-DR Allocation Amount % of CDBG-DR Allocation Administration N/A N/A N/A $4,500,000.00 5% Planning N/A N/A N/A $1,500,000.00 2% Housing $49,434,439.52 40% 100% $20,004,000.00 24% Infrastructure $70,373,400.00 56% 100% $57,478,000.00 69% Economic $5,195,637.99 4% 0% $0.00 0% Total $125,003,477.51 46% 100% $83,482,000.00 100% CDBG-DR Mitigation Set Aside Eligible Cost Category Unmet Need % of Unmet Need % in MID CDBG-DR Allocation Amount % of Total CDBG-DR Mitigation N/A N/A 100% $12,522,000.00 15% Total CDBG -DR and Mitigation N/A N/A 100% $96,004,000.00 100% 6 Project Overview The Firm(s) will provide comprehensive services related to the Town’s implementation of the CDBG-DR Action Plan including: 1. Engineering, 2. Design and Estimating, 3. Bidding, recommendations for award, 4. Construction Administration, 5. Construction Management, 6. Construction Project Management, 7. Grant compliance, 8. Project support, and 9. Technical assistance. All activities must comply with HUD requirements and be performed under the Town’s direction. With the understanding that this scope of work will be performed over a six -year horizon, the Town anticipates entering into a multi -year contract with the selected firm(s). It is the Town’s expectation that there will be a high degree of collaboration between the Town and the selected Firm(s) on the sequencing of program implementation, the needed personnel to complete the assigned task(s), and the milestones and dea dlines associated with the specific deliverables not including inherently governmental responsibilities related to oversight of the grant, including policy development and financial management. As part of ongoing contract management, the Firm(s) shall: 1. Provide necessary equipment and supplies for their staff. 2. Establish a functional organizational structure with administrative oversight. 3. Submit monthly invoices (including timesheets) and work completion percentages. 4. Submit monthly activity reports detailing project status and concerns. 5. Meet monthly (or more often) with the Town’s contract manager. 6. Cooperate with all Town monitoring activities associated with this scope of work. 7. The Firm(s) must assist in a comprehensive transfer of data, documentation, and processes to the Town at the contract end. Location of Work The Firm(s) must meet the Town’s expectations for collaboration, oversight, hours, and productivity. Remote work may be proposed and approved with discounted hourly rates expected due to reduced overhead. On-site work will occur in The Town of Cicero , with exact locations TBD. Some positions or tasks may require travel for meetings and oversight. 7 Project Timeline Expectations Timely procurement and contract execution are critical for the Town’s CDBG -DR disaster recovery efforts. Potential proposers should note the following estimated key dates for planning: Task Description Due Date Proposals Due; Proposal Opening Monday, December 1, 2025 @ 3PM Short listed firms notified of in-person presentation interview Wednesday, December 10, 2025 In-person interviews with short listed firms December 15 – 16, 2025 Recommendation of Approval Thursday, December 18, 2025 Town Board Approval of Contract and Tuesday, December 23, 2025 Firm(s) Report(s) to Work Monday, January 5, 2026 Unless otherwise indicated, all times are local. Tasks/Deliverables These tasks are focused on the implementation of the CDBG -DR Program Areas of Housing, Infrastructure, Mitigation, Planning, Monitoring and Compliance, Environmental Reviews, and Modifications and Amendments. The Town’s implementation of the CDBG -DR funding will include a mix of Sewer Repair and Reconstruction Projects, Underground Stormwater Management Projects, and Permeable Alleys. These descriptions are not exhaustive; duties may vary based on Town needs. Over the course of up to six (6) years, the Firm(s) may be expected to provide, but not be limited to, the following deliverables: Task 1: Program Design, Implementation, and Management: Infrastructure The Infrastructure Program will fund infrastruc ture investments that support the broader recovery of Cicero, including projects that mitigate risks, improve the resiliency of infrastructure systems, improve community resilience, support economic revitalization, and support affordable housing. 8 Infrastructure Programs Overview Eligible Cost Category Activity CDBG-Budget Amount Infrastructure Stormwater Management and Storage $30,978,000.00 Infrastructure Sewer Repair and Construction $26,500,000.00 Total $56,978,000.00 Program Title Storm Water Management and Storage Total Budget/CDBG-DR Allocation $30,978,000.00 Eligible Activities Public facilities and improvements, 24 CFR 570.201(c) National Objective(s) Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and Universal Notice III.D.6.e Lead Agency and Distribution Model The Town of Cicero will directly administer this project with assistance from the Town Engineer, procured consultants, and procured contractors. Program Description This Storm Water Management and Storage project will reduce the amount of storm water in the combined sewer system. The Town plans to complete four large stormwater detention projects to redirect sewer lines to underground storage areas of publicly owned land throughout the Town, reducing the amount of storm water in the sewers during torrential storms. This project is directly tied to the Town of Cicero’s unmet needs assessment. Eligible Geographic Areas The Town of Cicero, Illinois 60804 Other Eligibility Criteria a. Town of Cicero-Owned properties will be given priority for underground stormwater detention facilities, the Town does not plan any property acquisition at this time. b. Locations will be selected based on criteria and recommendations in the Stormwater Management Plan. c. Locations will be selected based on areas that include at least 51% of residents at or below 80% AMI. Maximum Amount of Assistance Per Beneficiary N/A Maximum Income of Beneficiary This area is a low to moderate income area (LMA). Mitigation Measures During torrential rainfalls, the combined sewer system is overwhelmed by the amount of water which eventually starts back flowing into people's basements. This project will reduce the amount of storm water in the combined sewer system and the storm water will be stored in underground tanks on publicly owned land. Reducing Barriers for Assistance N/A 9 Program Title Sewer Repair and Construction Program Total Budget/CDBG-DR Allocation $26,500,000.00 Eligible Activities Public facilities and improvements, 24 CFR 570.201(c) National Objective(s) Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and Universal Notice III.D.6.e Lead Agency and Distribution Model The Town of Cicero will directly administer this project with assistance from the Town Engineer, procured consultants, and procured contractors. Program Description This Sewer Improvement project will replace the existing sewer lines and increase the size of the sewer lines to allow for a larger amount of water that can be held. Increasing the size of the sewer lines will prevent backup of sewer and storm water into people's homes. Eligible Geographic Areas The Town of Cicero, Illinois 60804 Other Eligibility Criteria a. Sewer locations will be based on criteria and recommendations identified in the Town of Cicero Stormwater Management Plan. b. Sewer locations will be selected based on areas that include at least 51% of residents at or below 80% AMI Maximum Amount of Assistance Per Beneficiary N/A Maximum Income of Beneficiary This area is a low to moderate income area (LMA). Mitigation Measures During torrential rainfalls, the combined sewer system is overwhelmed by the amount of water which eventually starts backflowing into people's basements. This project will increase the size of the sewer lines, reducing the chance of sewer backup in people's homes. Reducing Barriers for Assistance N/A 10 Program Title Permeable Alley Installation Program Total Budget/CDBG-DR Allocation $12,522,000.00 Eligible Activities Public facilities and improvements, 24 CFR 570.201(c) National Objective(s) Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and Universal Notice III.D.6.e Lead Agency and Distribution Model The Town of Cicero will directly administer this project with assistance from the Town Engineer, procured consultants, and procured contractors. Program Description This Permeable Alley Infrastructure project drains storm water into the earth instead of in the combined sewer system. The Town, in partnership with the Metropolitan Water Reclamation District have been installing Permeable Alleys for several years now. The federally-declared disaster from July 2023 was due to the overwhelmed combination sewer system, with nowhere from storm water to go but in resident’s basements or blocked roadways. This project reduces the amount of storm water in the combined sewer system. We anticipate constructing up to 35 Permeable alleys. This project is directly tied to the Town of Cicero’s unmet needs assessment. Eligible Geographic Areas The Town of Cicero, Illinois 60804 Other Eligibility Criteria a. Alley locations will be selected based on criteria identified in the Town of Cicero Stormwater Management Plan b. Alley locations will be selected based on areas that include more at least 51% of residents at or below 80% AMI c. Alleys that require a storm sewer will not be selected as we do not want to put water into the sewer system. Maximum Amount of Assistance Per Beneficiary N/A Maximum Income of Beneficiary Area of Permeable Alley installation must be a Low to Moderate Income Area (LMA). Mitigation Measures This project is 100% mitigation by reducing the amount of storm water in the combined sewer system, reducing the risk of future sewer back up. Reducing Barriers for Assistance N/A 11 EXPECTATIONS OF THE DESIGNER The Design team must include professionals who can demonstrate high standards of accomplishments and knowledge in the following areas: 1. Design, permitting, and construction management in adherence to the Town of Cicer o Stormwater Ordinance and any other State and local pertinent regulations. 2. Experience working with regulatory agencies, including Community Development Block Grant, FEMA, SBA, etc. 3. Working in an urban built out environment and all the unique logistics that entails. 4. Working with multiple user groups, committees, and elected officials. 5. Demonstrated ability to design compliant, creative, and cost-effective solutions. 6. Combining function and aesthetics, to create public amenities. 7. Experience working with natural systems; including habitat restoration, wetlands, stream restoration, and landscaping. 8. Construction, maintenance and upkeep of stormwater, habitat areas, and native landscaped areas. 9. Expertise with GIS, specifically ESRI’s Stormwater Utility Network data model. 10. Proven ability to plan multiple projects over the course of several years. SCOPE OF WORK This project includes: 1) A minimum of four (4) large-scale underground stormwater detention projects, locations identified to make an impact based on dat a from the Town’s Stormwater Management Plan. 2) Identify areas of undersized sewers, and the reconstruction of sewers with larger diameter sewers, and the restoration of the surrounding area. Locations identified to make an impact based on data from the Town’s Stormwater Management Plan. 3) The installation of up to 35 blocks of permeable alleys in locations identified as not needing a storm sewer. 4) Projects based on available funding. 5) Plan out projects for annual basis, to limit disruptions of the community to the best of your ability. The Town of Cicero has six (6) years to complete all CDBG -DR projects. The Town wants to be completed within five (5) years, to ensure timeliness of tests associated with HUD funding. The scope of work for sewer repair and construction, undergrou nd stormwater management, and permeable alleys includes: 1. Advance planning (AP), 2. Annual Scheduling, 3. Project Design, 4. Project Bidding, 5. Contract Award, 6. Construction Management, 7. Construction Administration, and 12 8. Project Closeout. The AP phase includes working with Town staff to identify projects needs and recommendations. Analysis will include evaluating location, size, type, and constructability. The Designer will identify and generate the necessary documentation to obtain a Stormwater Management permit, and all other regulatory permits and approvals. In addition to stormwater engineers, this project will require at a minimum the exper tise of surveyors, geotechnical engineers, environmental scientists, and architects. During the Design Phase, the Designer sh all provide all documents and estimated c onstruction costs for Town review. The Designer will also identify and obtain all permits required to complete construction. Designer shall also facilitate Bidding. The Designer will provide Construction Phase services that include contract accuracy, construction administration, inspection services, pro duction of record drawings, any permit ting activities, pay application review, verification, processing, and project close out. The Designer shall schedule mee tings with designated Town representatives to review each design phase of the project, to include budget and schedule. The Designer shall submit all necessary documents, as required and if needed. DESIGNER SELECTION CRITERIA The Town of Cicero will use the following in evaluating qualifications: 1) Specialized or appropriate expertise in the type of project. 2) Past performance on similar projects. 3) Adequate staff and expertise for the proposed project design team. 4) Current workload and similar projects awarded. 5) Proposed design approach and review methodology for the project. 6) Recent experience with project costs and schedules. 7) Construction administration capabilities. 8) Permitting expertise. 9) Proximity to and familiarity with the area where the project is located. 10) Experience working with other consultants, including planners, administrators, etc. 11) Other factors that may be appropriate for the project SCHEDULE The design of the project will begin immediately after a contract is executed. 13 Evaluation Criteria & Proposal Instructions A. Qualifications of the firm Provide a description and history of the firm focusing on previous disaster recovery experience and CDBG -DR implementation experience, highlighting relevant experience in each Town of Cicero CDBG-DR program areas. Include past experience with the relevant Federal Regulations. Provide additional information to support the evaluation of firm qualifications. The qualifications of the prime contracting firm must include, at a minimum, the following: 1. Ten (10) years of experience , within the last fifteen (15) years working with Disaster Recovery at the Federal, State or loca l level, including specific experience with interpreting, administering and implementing HUD CDBG-DR grant rules and Programs. 2. Experience implementing Federal grants for multiple clients of comparable size and complexity. 3. Demonstrated experience layering multiple sources of Federal funds to accomplish recovery projects (e.g., FEMA PA, HMGP and HUD CDBG-DR). 4. Demonstrated experience developing and implementing innovative solutions to difficult recovery issues, including innovative uses of traditional recov ery funding streams (e.g., FEMA PA and HUD CDBG-DR). 5. Prior experience in Program Conformance with pre - and post - construction projects, including but not limited to producing detailed estimates, performing quantity surveys, participating in design development meetings, and reviewing progress design documents for conformance to budgeted scope of work. 6. Demonstrated experience in managing projects with at least three funding streams, including, but not limited to: Insurance; 404 and 406 Hazard Mitigation; FHWA; HUD; and FEMA. 7. Proven track record proactively and successfully solving disagreements during project formulation rather than through appeals and arbitration. 8. Experience providing technical assistance related to CDBG -DR Action Plan implementation. 9. Experience working with HUD CDBG-DR grant programs at the Federal, State or large local government level, including program design and monitoring. 10. Knowledge of HUD’s requirements for infrastructure and public facilities including FEMA PA / HMGP match programs, etc. 11. Knowledge of HUD’s cross-cutting requirements for CDBG DR Implementation (including but no t limited to Uniform Administrative Requirements, Cost Principles, and Audit Requirements (2 CFR 200) Duplication of Benefits, Uniform Relocation Act, NEPA, Section 3, etc). 14 B. Qualifications of Personnel Provide an organizational chart, resumes, an d summary of personnel qualifications. Key personnel may include, but are not limited to:  Project Executive (15+ years of experience with at least five (5) years in a leadership role)  Senior Subject Matter Expert (12+ years of experience)  Subject Matter Expert (10+ years of experience)  Senior Project Manager (8+ years of project management experience, plus college degree)  Project Manager (6+ years of management experience, plus college degree)  Project Accountant (5+ years of experience, plus relevant college degree)  Infrastructure Program Consultant (5+ years of experience)  Administrator (1+ year experience) Proposer may include other labor categories and include a description describing the minimal level of qualifications. For all positions, e ducation and work experience may be substituted on a one for one basis. C. Past Performance References Provide a minimum of three (3) references for which the firm has performed services in the past that are similar to the requirements in the Scope of Services. Provide a description of the project, the reference contact name, title, e -mail address, telephone numbers, and date of the contract/period of performance. D. Technical Approach Provide a description of your firm’s approach to the project. Include information regarding start- up procedures, project management, and quality control procedures. Provide your approach to each of the scope of work areas identified in the Scope of Services. Please provide completed responses to the checklist spreadshee t attached at the end of this section. Instructions are provided in the spreadsheet. E. Cost Proposal Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included herein. The Cost Proposal will be evaluated on the hourly rates submitted on the cost proposal form for the labor positions listed. All non -labor other direct costs, including travel and lodging, will be billed to the Town of Cicero at cost without mark-up. 15 Evaluation Metrics Evaluation Metrics Criteria Points Qualifications of the Firm 25 Qualifications of Personnel 25 Past Performance References 20 Technical Approach 20 Cost Proposal 10 Total Possible Points 100 NOTE: Pricing is not confidential or proprietary. Evaluation and Selection Process Submittals will be reviewed for responsiveness, and responsive submittals will further be screened by a selection committee in accordance with the above criteria. The firm(s) submitting the highest-rated proposal may be invited for interviews. Interviews will be scored and ranked separately from the written proposals. However, the Town may use criteria similar to the above Evaluation Criteria to score and rank Proposers’ responses to interview questions or instructions, in addition to other relevant information pr ovided or requested. After interviews, a Best and Final Offer (BAFO) may be requested. The Town reserves the right to make an award without further discussion of the proposal submitted with the offeror. Therefore, the proposal should be submitted initially on the most favorable terms and pricing that the firm or individual might propose. The Town reserves the right to award a contract to the firm whose proposal best accomplishes the desired results. The Town of Cicero reserves the right to request add itional information or clarification from proposers during the evaluation process. The Town reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate with the successful firm(s). In the case of differences between written words and figures in a proposal, the amount stated in written words shall govern. In the case of a difference in unit price versus the extended figure, the unit price shall govern. The Town will notify all proposers whether or not they are selected for the subject work. Email is the Town’s preferred method of communication for all stages of the RFQ process. 16 Proposal Submittal Instructions All proposals MUST be clearly identified on the envelope as: RFQ-CDBG-DR Engineering, Design, Construction Administration and Management and MUST be delivered by December 1, 2025, 3:00 pm. Proposals must be delivered to the following address: Town of Cicero Clerk’s Office 4949 W. Cermak Rd. Cicero, IL 60804 ATTN: Tom M. Tomschin Late Proposals will not be considered and will be rejected and destroye d. The Town will not be responsible for any delays in the delivery, receipt or handling of Proposals. Proposals must be signed by an authorized representative of your organization. Faxed proposals will NOT be considered. Respondent must submit one (1) original and five (5) copies in hardcopy format. In addition, Respondent must submit six (6) copies of the Proposals on a CD-ROM or flash drive in .pdf format. The original document must clearly be marked and must b ear the original signature of an authorized agent. Respondent must enclose all documents in a sealed container. Proposals submitted via facsimile or electronic mail will not be accepted and will be rejected and destroyed. Questions and Addenda Inquiries and/or clarifications must be submitted via email to the project manager Tom M. To mschin via email at ttomschin@thetownofcicero.com by November 20, 2025, 5:00pm. Any revisions to this RFQ shall be ma de by written addendum only. Addendum will be issued answering all questions and/or addressing any approved modifications to the RFQ. No oral statements by any person shall modify or otherwise affect this RFQ. Proposers shall acknowledge receipt of any addendum by returning a signed copy with their proposal. All addenda will be posted to https://thetownofcicero.com/government/town-notices/ . It is the responsibility of the proposer to check this website periodically for any changes to this proposal. All submissions are subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.) 17 Cost Proposal Instructions: The proposal shall include pricing for all services. Pricing shall be inclusive unless otherwise indicated. The proposal shall itemize all services, including any hourly rates for all professional, technical and support personnel as well as all other c harges related to completion for a fully functioning system. The proposal shall include a total cost not to be exceeded. (Please add lines/descriptions if necessary) Description Cost Program Design, Implementation and Management: Sewer Repair and Construction $ Program Design, Implementation and Management: Stormwater Management $ Program Design, Implementation and Management: Permeable Alleys $ $ $ $ $ $ Total - Not to Exceed for 6-Year Commitment $ Name of Firm: Authorized Signature: Printed Name: Title: Email: Date: 18 Program Design, Implementation and Management: Sewer Repair and Construction Position Hourly Rate Program Design, Implementation and Management: Stormwater Management Position Hourly Rate 19 Program Design, Implementation and Management: Permeable Alleys Position Hourly Rate 20 Exhibit 1: Request for Proposal (RFQ) Terms and Conditions Standard Contract : Upon completio n of the evaluation and recommendation for award, the selected Firm(s) will be required to execute a general services contract. Contract Term: The term of this contract shall begin upon execution and remain in effect until the project is complete or until the maximum dollar amount has been expended. Not to exceed six (6) years as specified in the deliverables. Independent Contractor : At all times the Contractor shall represent himself/herself to be an independent contractor offering services to the Town of Cicero and shall not represent himself/herself, or his/her employees, to be an employee of the Town of Cicero. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the Town of Cicero and its officers, agents, and employees harmless from and against any and all loss, cost (including attorney fees), and damage of any kind related to such matters. Publicity Clause : Respondent must obtain prior written approval from the Town for use of information relating to the Town or this Agreement in advertisements, brochures, promotional materials or media, press releases, or other informational avenues. Non-Appropriation: If the Town does not receive funding for this Contract from the Town Board for any fiscal year applicable to this Contract, then the Town shall have the right to terminate this Agreement without penalty by giving not less than thirty (30) days’ written notice documenting the lack of funding. Conflict of Interest: The Contractor shall warrant that no official or employee of the Town who has a conflict of interest has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the Town. Non-Collusion: Proposers submitting proposals shall warrant that their offer is made without any previous understanding, agreement, or connection with any person, firm, or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. A Respondent must submit a notarized Non- Collusion Affidavit, attached hereto and incorporated herein as ATTACHMENT D, certifying that the Respondent has not colluded with any other entity in the submission of the Proposal. This condition shall not apply to proposals that are submitted by Proposers who have partnered with others to submit a cooperative proposal that clearly identifies a primary contractor and the associated sub-contractors. 21 E-Verify Employer Compliance : To the extent req uired by law, Employers and their subcontractors with 25 or more employees as defined must comply with E -Verify requirements to contract with governmental units. E -Verify is a Federal program and can be accessed via this link: https://www.e-verify.gov/. Drug Free Workplace: The Town of Cicero is a drug-free workplace employer. The Town requires contractors/Firm(s)s entering into a contract with the Town to provide a drug -free workplace in the performance of said contract. The contractor, upon execution of the contract, certifies that it will provide a drug -free workplace during the performance of the work on this contract. he contractor agrees to notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken for violations of such prohibitions. Responsive actions should be appropriate and sufficient to address and remediate any violations of this requirement. Selection Does N ot Guarantee the Award of a Contract : This RFQ shall not create any legal obligation of the Town to evaluate any Proposal that is submitted or to enter into any contract or any other agreement with a Respondent that submits a response except on terms and conditions that the Town deems, in its sole and absolute discretion, to be satisfactory and desirable. The Town reserves the right to reject all Proposals received and the right to waive non -material formalities and technicalities according to the best int erests of the Town. Any Proposals submitted shall be binding for ninety (90) calendar days following the Town’s opening and review of the same. The Town reserves the right to elect a single Respondent or multiple Respondents to perform the desired servic es. The Town reserves the right to terminate the desired services provided by the Respondent at any time and to ask for any additional information regarding a submitted proposal at any time. Any work provided by the Respondent will be in compliance with a contract to be entered into subsequent to this RFQ. Expenses Incurred In Preparing Proposal : The Town of Cicero accepts no responsibility for any expense or damages incurred by the proposer in the preparation of a proposal. Such expenses shall be borne exclusively by the proposer. This includes, but is not limited to, costs associated with preparing the Proposals and of participating in any interviews, site visits, demonstrations, oral presentations and negotiations. Contract Award. 1. The Respondent’s Proposal must be complete to be considered for the award. 2. The Town reserves the right to qualify, accept or reject any or all Respondents and accept any Proposal deemed to be in the best interest of the Town. The Town reserves the right to accept o r reject any or all Proposals and waive irregularities or technicalities in any Proposal when in the best interest of the Town. The Town reserves the right to accept or reject any exception taken by the vendor to the terms and conditions of the RFQ. 22 3. Award, if made, shall be in the form of a contract. 4. If, after the award of a contract is made, the Town determines the Respondent is unable to provide sufficient service, the Town reserves the right to reject and relet or otherwise contract out for the services. 5. The award of a contract does not guarantee that the need will arise with respect to the successful Respondent’s services and the Town reserves the right to decline the use of the services sought herein and is in no way bound to any minimum usage requirements with regard to said services. Addenda: Any and all revisions to this document shall be made only by written addendum from the Town of Cicero Purchasing Division. Therefore, no oral statements by any person shall modify or otherwise affect the terms, conditions, or specifications stated in this request for proposals. The proposer is cautioned that the requirements of this RFQ can be altered only by written addendum and that verbal communications from any source are of no effect. Competency of Respondent: No Proposal may be accepted from or contract awarded to any Respondent who is in arrears or in default to the Town upon any debt or contract and the same will be rejected. Prior failure of a Respondent to perform faithfully on any previous contract or work for the Town may be grounds for rejection. The Respondent must not have been suspended or debarred from doing business with the state and/or federal government. The Respondent, if requested, shall present evidence of performance ability an d possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of this RFQ. Such evidence shall be presented within a specified time and to the satisfaction of the Town. Termination: This contract may be terminated by either party, with thirty (30) days prior written notice. Notice shall be served under this contract by email and acknowledged by both parties. Insurance Requirements: The successful Proposer (Contractor) agrees to keep and maintain for the duration of this Agreement including but not limited to commercial general liability, cyber liability, auto liability, professional liability, and workers’ compensation coverage with at least the minimum limits shown below. The Contractor shall furnish the Town w ith certificates of insurance for each type of insurance described herein, with the Town listed as Certificate Holder and as an additional insured on the Contractor’s general liability policy and provide a waiver of subrogation on the Contractor’s general liability and workers’ compensation policy. In the event of bodily injury, property damage, or financial loss caused by the Contractor’s negligent acts or omissions in connection with Contractor’s services performed under this Agreement, the Contractor’s Liability insurance shall be primary with respect to any other insurance which may be available to the Town, regardless of how the “Other Insurance” provisions may read. In the event of cancellation, substantial changes or nonrenewal, the Contractor and the ir insurance carrier shall give the Town at least thirty (30) days prior written notice. No work shall be performed until the Contractor has furnished to the Town the above referenced certificates of insurance and associated endorsements, in a form suitable to the Town. 23 Commercial General Liability: $1,000,000 per occurrence Cyber Liability: $1,000,000 per loss / $3,000,000 aggregate Auto Liability: At Least IL State Minimum Limits Professional Liability: $3,000,000 per claim-made / $5,000,000 aggregate Workers' Compensation: Statutory Bonding Requirement: For contractors carrying out construction under contracts that are valued at more than $350,000.00, the following bonding requirements must be followed: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute any required contractual documents within the specified timeframe. (b) A performance bond on the contractor's part for 100 percent of the contract price. A performance bond is a bond executed in connection with a contract to secure the fulfillment of all the contractor's requirements under a contract. (c) A payment bond on the contractor's part fo r 100 percent of the contract price. A payment bond is a bond executed in connection with a contract to assure payment as required by the law of all persons supplying labor and material in the execution of the work provided for under a contract. Governing Law And Jurisdiction : The parties acknowledge that this Agreement is made and entered into in Cicero, Illinois, and will be performed in Cook County, Illinois. The parties further acknowledge and agree that Illinois law shall govern all the rights, obliga tions, duties, and liabilities of the parties under this Agreement, and that Illinois law shall govern the interpretation and enforcement of this Agreement and any other matters relating to this Agreement (all without regard to Illinois conflicts of law pr inciples). Disputes arising under this Agreement shall be resolved in an appropriate court in Illinois. Applicable Illinois Laws. This RFQ calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount for fringe benef its) in the county where the work is performed. The Department publishes the prevailing wage rates at: https://www2.illinois.gov/idol/LawsRules/CONMED/Pages/Rates.aspx The D epartment revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Department’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website. All contractors and subcontractors rendering services requested under this RFQ 24 must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties. The sele cted Respondent shall also comply with all applicable Federal, State, and local regulations, including but not limited to the Davis Bacon Act and all record keeping requirements related thereto. Indemnification: The successful proposer shall indemnify, de fend and hold harmless the Town and the Town’s officers, employees and agents from and against any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, and other liabilities (including settlement amounts) that arise directly or indirectly from:  Any infringement of any copyright, trademark, or patent, any misappropriation of any trade secrets, or infringement or misappropriation of any other proprietary rights, in connection with any software, documentation, service s, or other products supplied directly or indirectly by successful proposer in connection with this Agreement, or any allegation of any of the foregoing (collectively referred to as “Infringement Claims”);  Any acts of negligence or willful misconduct by t he successful proposer or any of its agents, employees, or subcontractors (or any allegations of any of the foregoing), including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness, or dis ease to any person(s) or damage or destruction to any property, real or personal;  Any acts or omissions of the successful proposer with respect to the services provided by the successful proposer under this Agreement (or any allegations of any of the foregoing);  Any claims by any persons or entities supplying labor or material to the successful proposer in connection with the performance of the Company’s obligations under this Agreement. Confidentiality: To the extent allowed by applicable law, the Resp ondent may designate as confidential those portions of the Proposals that contain trade secrets or other proprietary data that must remain confidential. Certification. Each Respondent must certify on ATTACHMENT D, attached hereto and incorporated herein, that the Proposal is true and accurate, and that to the best of Respondent’s knowledge, the Proposal is not misleading or fails to include relevant information. Commitment to Diversity. As a unit of local government under the Constitution of the State of Illinois, the Town is committed to encouraging diversity in the performance of work for and by the Town. Please refer to ATTACHMENT E, attached hereto and incorporated herein, which provides a link to Section 2-870 of The Code of Ordinances of the Town of Cicero, Illinois for more information. 25 Exhibit 2: Federally required Terms and Conditions Federal Applicability: The Town anticipates that this Contract may be financed in whole or in part with Federal and or State funding. As such, applicable Federal and State laws, regulations, policies, and related administrative practices apply to this Contract. The most recent of such Federal and/or State requirements, including any amendments made after the execution of this Contract, shall govern this Contract, unless the Federal and/or State Government determines otherwise. This Section identifies the Federal and State requirements that are applicable to this Contract. The Contractor is responsible for complying with all applicable provisions. To the extent applicable, the Federal and State requirements are deemed incorporated into this Contract by reference and shall be incorporated into any subcontract or subcontract executed by the Contractor pursuant to its obligations under this Contract. The Contractor and its subcontractors, if any, hereby represent and covenant that they have complied and shall comply in the future with all applicable provisions of Federal, State, and local laws, regulations, and rules and local poli cies and procedures, as amended from time to time, relating to the Work to be performed under this Contract. Anything to the contrary herein notwithstanding, all Federal awarding agency-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Town requests, which would cause the Town to be in violation of the Federal awarding agency’s terms and conditions. This Contract may be financed, in whole or in part, by funding provided by federal programs including, but not limited to , the Federal Emergency Management Agency (FEMA), the Department of Housing and Urban Development, (HUD), or the Department of T ransportation (DOT). Contractor shall at all times comply with all applicable federal regulations, policies, procedures, and directives, including without limitation those listed directly or by reference, as they may be amended or promulgated from time to time during the term of this Contract. Contractor’s failure to comply shall constitute a material breach of this Contract. REMEDIES: PERFORMANCE AND DEFAULT: If, through any cause, contractor shall fail to fulfill in timely and proper manner the obligat ions under The Contract, the Town shall have the right to terminate The Contract by giving written notice to the contractor and specifying the effective date thereof. In that event any or all finished or unfinished deliverable items under The Contract prep ared by the contractor shall, at the option of the Town, become its property, and the contractor shall be entitled to receive just and equitable compensation for any acceptable work completed as to which the option is exercised. Notwithstanding, contractor shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of The Contract, and the Town may withhold any payment due the contractor for the purpose of set off until such time as the exact amount of damages due the Town from such breach can be determined. The Town reserves 26 the right to require at any time a performance bond or other acceptable alternative performance guarantees from the contractor without expense to the Town. In the event of default by the contractor, the Town may procure the goods and services necessary to complete performance hereunder from other sources and hold the contractor responsible for any excess cost occasioned thereby. In addition, in the event of default by the contractor under The Contract, or upon the contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the contractor, the Town may immediately cease doing business with the contractor, immediately terminate The Contract for cause, and may take action to debar the contractor from doing future business with the Town. TERMINATION FOR CAUSE OR CONVENIENCE: For purposes of clarity, it is expressly noted that, if the contractor fails to fulfill its obligations under The Contract, or otherwise breaches the terms of The Contract, the Town shall be entitled to terminate The Contract by giving written notice to the contractor and specifying the effective date thereof. In such an event, the Town shall have the right to pursue any of the addit ional remedies listed in the preceding section of these Terms and Conditions. If this contract contemplates deliveries or performance over a period of time, the Town may, for any reason within its sole discretion, terminate this contract at any time by p roviding 30 days’ notice in writing from the Town to the contractor. In that event, any or all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the Town, become its property. If the contract is ter minated by the Town as provided in this section, the Town shall pay for those items for which such option is exercised, less any payment or compensation previously made. CONTRACT CHANGES: Contract changes must be in writing and agreed on by the Town and the vendor and will be implemented by contract amendments. The cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion o f project scope. Contract amendments will be coordinated with the Project Manager and approved by the Town before any changes should occur. NONDISCRIMINATION Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that appl icants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, u pgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 27 and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, availabl e to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will comply with Section 504 of the Rehabilitation Act of 1973, as amended. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purp oses of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (9) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direc t as a means of 28 enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the a dministering agency, the contractor may request the Town to enter into such litigation to protect the interests of the Town. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a Town or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such gove rnment which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extendi ng any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceeding. Age In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, and 29 USC 623 through 634 and the implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements the Federal awarding agency may issue. Sex The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 USC 1681 et seq., and with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Educations Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25, that prohibit discrimination on the basis of sex. 29 Disabilities In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, the Contractor agrees that it will comply with t he requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. Access to Services for Persons with Limited English Proficiency The Contractor agrees to comply with “Improving Access to Services for Persons with Limited English Proficiency,”; 42 USC 2000d -1 note, and U.S. DOT Notice, ”DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons”; 70 Fed. Reg. 74087, December 14, 2005, except to the extent that the Federal Government determines otherwise in writing. Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 USC 1101 et seq., with the Comprehensive Alcoho l Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 USC 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 USC 290dd through 290dd-2, and any amendments thereto. Other Nondiscrimination Laws The Contractor agrees to comply with applicable provisions of other Federal and/or State laws and regulations, and follow applicable directives prohibiting discrimination, except to the extent that the Federal and/or State Government determines otherwise in writing. Inclusion in Subcontracts The Contractor also agrees to include the requirements of this Section in each subcontract financed in whole or in part with Federal and/or State assistance, modified only if necessary to identify the affected parties. COMPLIANCE WITH THE DAVIS-BACON ACT- CONSTRUCTION All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141 -3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Contractors shall confirm the prevailing wages by locating the most current Secretary of Labor wage determinations on Sam.gov. Additionally, contractors are required to pay wages not less than once a week. 30 The C ontractor also agrees to include the requirements of this Section in each subcontract financed in whole or in part with Federal and/or State assistance, modified only if necessary to identify the affected parties. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 “The Contractor shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its regulations at 24 CFR Part 75, as expressed below: 29.1 The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 29.2 The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or o ther impediment that would prevent them from complying with the part 75 regulations. 29.3 The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other under standing, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 29.4 The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. 29.5 The contractor will certify that any vacant employment positions, including training positions that are filled (1) after the contractor is selected by before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not fill ed to circumvent the contractor's obligations under 24 CFR part 75. 31 29.6 Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 29.7 With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contr act. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).” COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 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)(1) of this section the contractor and any subcontractor responsible therefore 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 liquidate d 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)(1) of this section, in the sum of $26 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)(1) of this section. 32 3) Withholding for unpaid wages and liquidated damages. The Town of Cicero (grant recipient) 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 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) Subcontracts. The contractor or subcontractor shall insert in any subcontracts 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 prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 5) “Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health sta ndards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5.” CLEAN AIR ACT The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the Town of Cicero and understands and agrees that the Town of Cicero will, in turn, report each violation as required to assure notification to the appropriate Federal Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. FEDERAL WATER POLLUTION CONTROL ACT The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Co ntrol Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the Town of Cicero and understands and agrees that the Town of Cicero will, in turn, report each violation as required to assure notification to the appropriate Federal Agency, and the appropriate Environmental Protection Agency Regional 33 Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. ENERGY CONSERVATION The Contractor agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. § 6321, et seq. This requirement extends to all third-party contractors and their contracts at every tier and this clause shall be included in all such subcontracts. DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into (3) This certification is a material representation of fact relied upon by the Town of Cicero. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town of Cicero, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offe r is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. This requirement extends to all third -party contractors and their contracts; this clause shall be included in all subcontracts of any tier executed in furtherance of this contract. The requisite Debarment and Suspension Certification is included as ATTACHMENT A and must be executed for contracts of $25,000 or more and prior to the award of the contract. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Co ngress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 34 The Contractor further agrees to secure like undertakings from all subcontractor tiers whose subcontracts are expected to be of a value of one hundred thousand dollars ($100,000.00) or more. The requisite “Lobbying Certification” is included as ATTACHMENT B and must be executed for contracts of $100,000 or more and prior to the award of the contract. PROCUREMENT OF RECOVERED MATERIALS (i) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired—  Competitively within a timeframe providing for compli ance with the contract performance schedule;  Meeting contract performance requirements; or  At a reasonable price (ii) Information about this requirement, along with the list of EPA designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (iii) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. This requirement extends to all t hird-party contractors and their contracts; this clause shall be included in all subcontracts of any tier executed in furtherance of this contract. ACCESS TO RECORDS AND RECORD RETENTION The record keeping and access requirements extend to all third -party contractors and their contracts at every tier. Under 49 USC 5325(g) and 2 CFR 200.336, applicable Federal and/or State Agency has the right to examine and inspect all records, documents, and papers, including contracts, related to any project financed with Federal assistance authorized by 49 U.S.C. Chapter 53. 1. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, includ ing, but not limited to, data, documents, reports, statistics, sub - agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. 2. Retention Period. The Contractor agrees to co mply with the record retention requirements in accordance with 2 CFR § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of terminati on or expiration of this Contract, except in the 35 event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. 3. Access to Records. a. The Contractor agrees to provide sufficient access to applicable Federal and/or State Agency and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. b. The Contractor agrees to permit, and require its subcontractors to permit, the U.S. Secretary of Transportation, and the Comptroller General of the United States, and, to the extent appropriate, the State, or their authorized representativ es, upon their request to inspect all Project work, materials, payrolls, invoices, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project, as required by 49 USC 5325(g) and 2 CFR 200.336. c. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the applicable Federal Agency Secretary, Director, or Administrator or their authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5303, 5307, 5309, 5339, 5310, 5311, 5316, or5317. d. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 4. Access to the Sites of Performance. The Contractor agrees to permit applicable Federal and/or State Agency and its contractor’s access to the s ites of performance under this contract as reasonably may be required. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the Town of Cicero and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. FEDERAL OR STATE SEAL, LOGO, AND FLAGS The contractor shall not use any Federal or State Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal or State agency officials without specific agency pre-approval. 36 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that federal financial assistance may be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal and State law, regulations, executive orders, federal or state agency policies, procedures, and directives. NO OBLIGATION BY FEDERAL OR STATE GOVERNMENT Neither the Federal nor the State Government is a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. DOMESTIC PREFERENCE FOR PROCUREMENTS As app ropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (incl uding, but not limited to iron, aluminum, steel, cement, and other manufactured products).” – For purposes of this clause, (i) “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting st age through the application of coatings, occurred in the United States, and (ii) “manufactured products” means items and construction materials composed in whole or in part of non ‐ferrous materials such as aluminum; plastics and polymer‐ based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. CONFLICT OF INTEREST No employee, officer, board member, or agent of the Town of Cicero or the Contractor shall participate in the selection, award, or administration of a contract supported by federal and/or state funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employees or is about to employ any of the above, has a financial or other interest in the firm selected for the award. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The Town of Cicero promotes policies which assu re and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. Disadvantaged Business Enterprises, as defined in 2 CFR § 200.321, shall have equal opportunity to compete for and perform subcontra cts which the contractor enters into pursuant to this contract. The Contractor agrees to solicit small and minority business and women’s business enterprises 37 whenever they are potential sources. When economically feasible, the Contractor agrees to divide total requirements into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises. Where the requirement permits, the Contractor agrees to establish delivery schedules which encourage parti cipation by small and minority businesses and women’s business enterprises. As appropriate, the Contractor agrees to use the services and assistance of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. This requirement extends to all third -party contractors and their contracts; this clause shall be included in all subcontracts of any tier executed in furtherance of this contract. PROHIBITION ON CONTRACTING FOR COVERED TELEC OMMUNICATIONS EQUIPMENT OR SERVICES (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and tele communications equipment or services have the meaning as defined in 2 CFR 200.216 (b) and (c), Public Law 115 -232, and FEMA Policy #405 -143-1, “Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services”. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperat ive agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from a federal agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system ; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— A. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 38 B. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: 1. Are not used as a substantial or essential component of any system; and 2. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not con sidered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical techn ology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrec ipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: a. Within one business day from the date of such identific ation or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufactu rer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. b. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. HUAWEI/ZTB Ban CFR 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 –232, section 889, covered telecommunications equipment is 39 telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidi ary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipmen t produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115 –232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115–232 and § 200.471. 40 ATTACHMENT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION (To be submitted with all bids exceeding $25,000.) (1) The prospective lower tier participant (Bidder/Contractor) certifies, by sub mission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify to any of the statements in this certification, su ch prospective participant shall attach an explanation to this bid or proposal. The lower tier participant (Bidder/Contractor), ________________________________________, certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any. DATE _______________________________ SIGNATURE __________________________ COMPANY ___________________________ NAME ______________________________ TITLE _______________________________ State of __________________________ County of_________________________ Subscribed and sworn to before me this _______day of__________________ , 20______. Notary Public ________________________ My Appointment Expires __________________ [SEAL] 41 ATTACHMENT B CERTIFICATION REGARDING LOBBYING (To be submitted with all offers exceeding $100,000; must be executed prior to Award) The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of t he undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into these transactions imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, ___________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 1352, et seq., apply to this certification and disclosure, if any. _______________________________________________ Signature of Contractor’s Authorized Official Date ___________________________________________ _______________________________________________ Printed Name and Title of Contractor’s Authorized Official State of _____________________________ County of____________________________ Subscribed and sworn to before me this __________day of _________________________, 20____. Notary Public ____________________________ My Appointment Expires ____________________________ [SEAL] 42 ATTACHMENT C CERTIFICATION FORM This Certification is made as of the ___ day of ____________, 202__ by ______________ (the “Undersigned”), being the _______________(sole owner, partner, president, secretary etc.) of ________________ (the “Respondent”), in connection with its response (“Proposal”) to the Town of Cicero (the “Town”) pursuant to the Request for Proposals issued by the Town for The Town’s ____________________Project. The Undersigned states that he or she has been authoriz ed by the Respondent to make this Certification, and that the Respondent acknowledges that the Town will rely on this Certification. The Undersigned hereby certifies and declares as follows: The Undersigned has carefully read and acknowledges each and every part of the Proposal. The Undersigned further certifies and declares that to the best of his or her knowledge and belief, all statements contained in the Proposal, any attachments to the Proposal and any accompanying forms are true and accurate, ar e not otherwise misleading and do not fail to include any information that would be relevant to a fair determination by the Town of the Respondent’s potential conflicts of interest in the provision of the desired services; and that all of said forms and th e Proposal have been duly signed by authorized representatives of the Respondent. Signature of Contractor’s Authorized Official Date ___________________________________________ _______________________________________________ Printed Name and Title of Contractor’s Authorized Official State of _____________________________ County of____________________________ Subscribed and sworn to before me this __________day of _________________________, 20____. Notary Public ____________________________ My Appointment Expires ____________________________ [SEAL] 43 ATTACHMENT D NON-COLLUSION AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF COOK ) _______________________________(the “Undersigned”) being first duly sworn, deposes and says that they are ________________________ (sole owner, partner, president, secretary, etc.) of______________________________(the “Respondent”), the party making the foregoing Proposal; that such Proposal is not made in the interest of or on behalf of any undiscl osed person, partnership, company, association, organization or corporation; that such Proposal is genuine and not collusive or sham; that said Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any other respondent or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that said Respondent has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the price(s) of said Proposal or of any other respondent, or to fix any overhead, profit or cost element of such price, or of that of any other respondent, or to secur e any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such Proposal are true; and, further, that said has not, directly or indirectly, submitted their submitted price or any breakdown thereof, or the contents thereof or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said Respondent in their general business. Respondent further swears that Respondent has not colluded with any elected or appointed official or employee of the Town of Cicero in the submission of the foregoing Proposal and that no elected or appointed official or any employee of the Town of Cicero has any direct or indirect disclosed or undisclosed pecuniary interest in th e Respondent or Respondent’s general business. Signature of Contractor’s Authorized Official Date ___________________________________________ _______________________________________________ Printed Name and Title of Contractor’s Authorized Official State of _____________________________ County of____________________________ Subscribed and sworn to before me this __________day of _________________________, 20____. Notary Public ____________________________ My Appointment Expires ____________________________ [SEAL] 44 ATTACHMENT E SECTION 2-870 OF THE CODE OF ORDINANCES OF THE TOWN OF CICERO, ILLINOIS Please review Section 2-870 of the Code of Ordinances of The Town of Cicero, Illinois incorporated herein by reference and available online via the following link: https://library.municode.com/il/cicero/codes/code_of_ordinances.

Document text

1 
 
 
  
 
 
        
         
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Town of Cicero 
Larry Dominick – Town President 
 
Request for Qualifications 
CDBG-DR Engineering, Design, Construction 
Administration and Management 
Consulting Services  
 
Project Manager: Tom M. Tomschin 
Email: ttomschin@thetownofcicero.com  
 
Date Issued:  
PROPOSALS DUE BY:  December 1, 2025 
   3PM. 

 
2 
 
Contents 
Request for Qualifications Notice ................................................................................................... 3 
Proposal Submittal Instructions ...................................................................................................... 3 
Scope of Work ................................................................................................................................. 4 
Background ................................................................................................................................. 4 
Project Overview ......................................................................................................................... 6 
Location of Work ......................................................................................................................... 6 
Project Timeline Expectations .................................................................................................... 7 
Tasks/Deliverables ...................................................................................................................... 7 
Program Implementation and Management: Infrastructure ..................................................... 7 
EXPECTATIONS OF THE DESIGNER ................................................................................................ 11 
SCOPE OF WORK ....................................................................................................................... 11 
DESIGNER SELECTION CRITERIA ................................................................................................ 12 
SCHEDULE ................................................................................................................................. 12 
Evaluation Criteria & Proposal Instructions .................................................................................. 13 
A. Qualifications of the firm ...................................................................................................... 13 
B. Qualifications of Personnel ................................................................................................... 14 
C. Past Performance References ............................................................................................... 14 
D. Technical Approach .............................................................................................................. 14 
E. Cost Proposal ........................................................................................................................ 14 
Evaluation Metrics ........................................................................................................................ 15 
Evaluation and Selection Process ................................................................................................. 15 
Proposal Submittal Instructions .................................................................................................... 16 
Cost Proposal ................................................................................................................................ 17 
Exhibit 1: Request for Proposal (RFQ) Terms and Conditions ...................................................... 20 
Exhibit 2:  Federally required Terms and Conditions.................................................................... 25 
ATTACHMENT A ........................................................................................................................ 40 
ATTACHMENT B ........................................................................................................................ 41 
ATTACHMENT C ........................................................................................................................ 42 
ATTACHMENT D ........................................................................................................................ 43 
ATTACHMENT E ......................................................................................................................... 44 
 
 

 
3 
 
Request for Qualifications Notice  
Pursuant to the Town of Cicero's Procurement, Purchasing and Contracting Policy, Proposals will 
be received by the Town of Cicero for the following:  
 
The Town of Cicero is seeking proposals from highly qualified firms to provide long -term, 
comprehensive services to implement our Community Development Block Grant -Disaster 
Recovery (CDBG-DR) allocation.  
 
These services will encompass Engineering, Design, Construction Administration and 
Management Consulting Services. 
 
Notice is hereby given that the Town will accept p roposals until December 1, 2025, 3PM  local 
time.  
 
The Request for Qualifications (RFQ) is comprised of the base RFQ document, any attachments, 
and any addenda released before contract award. All attachments and addenda released for this 
RFQ in advance of any contract award are incorporated herein by reference.  
 
Proposal Submittal Instructions  
 
All proposals MUST be clearly identified on the envelope as: 
 
RFQ-CDBG-DR Engineering, Design, Construction Administration and Management 
and MUST be delivered by December 1, 2025, 3:00 pm. 
 
Proposals must be delivered to the following address:  
Town of Cicero 
Clerk’s Office 
4949 W. Cermak Rd. Cicero, IL 60804 
ATTN: Tom M. Tomschin 
 
Late Proposals will not be considered and will be rejected and destroye d. The Town will not be 
responsible for any delays in the delivery, receipt or handling of Proposals. Proposals must be 
signed by an authorized representative of your organization. Faxed proposals will NOT be 
considered.  
 
Respondent must submit one (1) original and five (5) copies in hardcopy format. In addition, 
Respondent must submit six (6) copies of the Proposals on a CD-ROM or flash drive in .pdf format. 
The original document must clearly be marked and must b ear the original signature of an 
authorized agent. Respondent must enclose all documents in a sealed container. Proposals 
submitted via facsimile or electronic mail will not be accepted and will be rejected and destroyed.   
 
 
4 
 
Questions and Addenda Inquiries and/or clarifications must be submitted via email to the project 
manager Tom M. To mschin via email at ttomschin@thetownofcicero.com by November 20, 
2025, 5:00pm.  
 
1. Any revisions to this RFQ shall be ma de by written addendum only. Addendum will be 
issued answering all questions and/or addressing any approved modifications to the RFQ.  
2. No oral statements by any person shall modify or otherwise affect this RFQ.  
3. Proposers shall acknowledge receipt of any addendum by returning a signed copy with 
their proposal.  
4. All addenda will be posted to https://thetownofcicero.com/government/town-notices/ . 
It is the responsibility of the proposer to check this website periodically for any changes 
to this proposal. 
5. All submissions are subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et 
seq.)  
 
Scope of Work  
Background  
 
On July 2nd of 2023, Significant Flash Flooding occurred in Chicago and nearby suburbs.  In Cicero, 
8.6” of rain fell resulting in unprecedented impacts  on the Town’s residents, infrastructure, and 
economy.   
 
On January 16, 2025 , HUD published an Allocation Announcement Notice (AAN) in the Federal 
Register which allocated more than $11.8 billion in Community Development Block Grant – 
Disaster Recovery (CDBG-DR) in new funds made available by the Disaster Relief Supplemental 
Appropriations Act, 2025. The funds are available for major disasters occurring in 2023 or 2024 
(90 FR 4759). 
 
CDBG-DR grants are allocated directly to a State, local government, or Indian Tribe pursuant to a 
formula developed by HUD. The department awards funds to “most impacted and distressed” 
(MID) areas that are in need of disaster relief, long -term recovery, restoration of infrastructure 
and housing, economic revitalization, and mi tigation.  All funds must be allocated for disaster -
related or mitigation-eligible activities in accordance with the applicable Federal Register notices, 
the Housing and Community Development Act of 1974, Title 24 Section 570 of the Code of 
Federal Regulations. 
 
The announcement provided funding to 22 States, 15 counties, 8 cities, and one U.S. territory. 
The Town of Cicero is a direct recipient of these CDBG-DR Funds, and is receiving an allocation 
of $96,004,000.00.  The Town of Cicero Department of Housing is the lead agency administering 
this program.  These funds are related to the flooding event Cicero experienced in July of 2023.

[Document text extracted]
Town of Cicero 
Larry Dominick – Town President 

Request for Qualifications 
CDBG-DR Engineering, Design, Construction 
Administration and Management 
Consulting Services  

Project Manager: Tom M. Tomschin 
Email: ttomschin@thetownofcicero.com  

Date Issued:  
PROPOSALS DUE BY:   December 1, 2025 

3PM. 

1 

 
 
 
  
 
 
        
        
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Contents 
Request for Qualifications Notice ................................................................................................... 3 

Proposal Submittal Instructions ...................................................................................................... 3 

Scope of Work ................................................................................................................................. 4 

Background ................................................................................................................................. 4 

Project Overview ......................................................................................................................... 6 

Location of Work ......................................................................................................................... 6 

Project Timeline Expectations .................................................................................................... 7 

Tasks/Deliverables ...................................................................................................................... 7 

Program Implementation and Management: Infrastructure ..................................................... 7 

EXPECTATIONS OF THE DESIGNER ................................................................................................ 11 

SCOPE OF WORK ....................................................................................................................... 11 

DESIGNER SELECTION CRITERIA ................................................................................................ 12 

SCHEDULE ................................................................................................................................. 12 

Evaluation Criteria & Proposal Instructions .................................................................................. 13 

A. Qualifications of the firm ...................................................................................................... 13 

B. Qualifications of Personnel ................................................................................................... 14 

C. Past Performance References ............................................................................................... 14 

D. Technical Approach .............................................................................................................. 14 

E. Cost Proposal ........................................................................................................................ 14 

Evaluation Metrics ........................................................................................................................ 15 

Evaluation and Selection Process ................................................................................................. 15 

Proposal Submittal Instructions .................................................................................................... 16 

Cost Proposal ................................................................................................................................ 17 

Exhibit 1: Request for Proposal (RFQ) Terms and Conditions ...................................................... 20 

Exhibit 2:  Federally required Terms and Conditions.................................................................... 25 

ATTACHMENT A ........................................................................................................................ 40 

ATTACHMENT B ........................................................................................................................ 41 

ATTACHMENT C ........................................................................................................................ 42 

ATTACHMENT D ........................................................................................................................ 43 

ATTACHMENT E ......................................................................................................................... 44 

2 

 
 
 
 
Request for Qualifications Notice  
Pursuant to the Town of Cicero's Procurement, Purchasing and Contracting Policy, Proposals will 
be received by the Town of Cicero for the following:  

The  Town  of  Cicero  is  seeking  proposals  from  highly  qualified  firms  to  provide  long-term, 
comprehensive  services  to  implement  our  Community  Development  Block  Grant-Disaster 
Recovery (CDBG-DR) allocation.  

These  services  will  encompass  Engineering,  Design,  Construction  Administration  and 
Management Consulting Services. 

Notice is hereby given that the Town will accept proposals until December 1, 2025, 3PM local 
time.  

The Request for Qualifications (RFQ) is comprised of the base RFQ document, any attachments, 
and any addenda released before contract award. All attachments and addenda released for this 
RFQ in advance of any contract award are incorporated herein by reference.  

Proposal Submittal Instructions  

All proposals MUST be clearly identified on the envelope as: 

RFQ-CDBG-DR Engineering, Design, Construction Administration and Management 
and MUST be delivered by December 1, 2025, 3:00 pm. 

Proposals must be delivered to the following address:  

Town of Cicero 
Clerk’s Office 
4949 W. Cermak Rd. Cicero, IL 60804 
ATTN: Tom M. Tomschin 

Late Proposals will not be considered and will be rejected and destroyed. The Town will not be 
responsible for any delays in the delivery, receipt or handling of Proposals.  Proposals must be 
signed  by  an  authorized  representative  of  your  organization.  Faxed  proposals  will  NOT  be 
considered.  

Respondent  must  submit  one  (1)  original  and  five  (5)  copies  in  hardcopy  format.  In  addition, 
Respondent must submit six (6) copies of the Proposals on a CD-ROM or flash drive in .pdf format. 
The  original  document  must  clearly  be  marked  and  must  bear  the  original  signature  of  an 
authorized  agent.  Respondent  must  enclose  all  documents  in  a  sealed  container.  Proposals 
submitted via facsimile or electronic mail will not be accepted and will be rejected and destroyed.   

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
Questions and Addenda Inquiries and/or clarifications must be submitted via email to the project 
manager  Tom  M.  Tomschin  via  email  at  ttomschin@thetownofcicero.com  by  November  20, 
2025, 5:00pm.  

1.  Any revisions to this  RFQ shall be made by written addendum only. Addendum will be 
issued answering all questions and/or addressing any approved modifications to the RFQ.  

2.  No oral statements by any person shall modify or otherwise affect this RFQ.  
3.  Proposers shall acknowledge receipt of any addendum by returning a signed copy with 

their proposal.  

4.  All addenda will be posted to https://thetownofcicero.com/government/town-notices/ . 
It is the responsibility of the proposer to check this website periodically for any changes 
to this proposal. 

5.  All submissions are subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et 

seq.)  

Scope of Work  

Background  

On July 2nd of 2023, Significant Flash Flooding occurred in Chicago and nearby suburbs.  In Cicero, 
8.6” of rain fell resulting in unprecedented impacts on the Town’s residents, infrastructure, and 
economy.   

On January 16, 2025, HUD published an Allocation Announcement Notice (AAN) in the Federal 
Register  which  allocated  more  than  $11.8  billion  in  Community  Development  Block  Grant  – 
Disaster Recovery (CDBG-DR) in new funds made available by the Disaster Relief Supplemental 
Appropriations Act, 2025. The funds are available for major disasters occurring in 2023 or 2024 
(90 FR 4759). 

CDBG-DR grants are allocated directly to a State, local government, or Indian Tribe pursuant to a 
formula developed by HUD. The department awards funds to “most impacted and distressed” 
(MID) areas that are in need of disaster relief, long-term recovery, restoration of infrastructure 
and housing, economic revitalization, and mitigation.  All funds must be allocated for disaster-
related or mitigation-eligible activities in accordance with the applicable Federal Register notices, 
the  Housing  and  Community  Development  Act  of  1974,  Title  24  Section  570  of  the  Code  of 
Federal Regulations. 

The announcement provided funding to 22 States, 15 counties, 8 cities, and one U.S. territory. 
The Town of Cicero is a direct recipient of these CDBG-DR Funds, and is receiving an allocation 
of $96,004,000.00.  The Town of Cicero Department of Housing is the lead agency administering 
this program.  These funds are related to the flooding event Cicero experienced in July of 2023. 

4 

 
 
 
 
 
 
 
 
Community  Development  Block  Grant-Disaster  Recovery  (CDBG-DR)  funding  is  designed  to 
address  needs  that  remain  after  all  other  assistance  has  been  exhausted.  After  an  extensive 
public engagement process, the Town finalized its CDBG-DR Action Plan, and on September 29, 
2025, HUD approved the Town’s Plan. The final funding allocations are dedicated to the following 
program areas:  

CDBG-DR Funded Activities 
Eligible Cost Category  Activity 
Administration 
Planning 
Housing 
Infrastructure 
Infrastructure 
Economy 
Mitigation Set Aside 
Total 

Administration 
Planning 
Sewer Check Valve Installation 
Stormwater Management and Storage 
Sewer Repair and Construction 
N/A 
Permeable Alleys 

 CDBG-Budget Amount  
4,500,000.00  
1,500,000.00  
20,004,000.00  
30,978,000.00  
26,500,000.00  
                           -    
12,522,000.00  
96,004,000.00  

Allocation Percentages 

Eligible 
Category 

Cost 

 Unmet Need  

%  of  Unmet 
Need 

% in MID 

 CDBG-DR 
Allocation Amount  

Administration  N/A 
N/A 
Planning 
$49,434,439.52  
Housing 
$70,373,400.00  
Infrastructure 
$5,195,637.99  
Economic 
$125,003,477.51   46% 
Total 

N/A 
N/A 
40% 
56% 
4% 

N/A 
N/A 
100% 
100% 
0% 
100% 

$4,500,000.00  
$1,500,000.00  
$20,004,000.00  
$57,478,000.00  
$0.00  
$83,482,000.00  

% 
of 
CDBG-DR 
Allocation  
5% 
2% 
24% 
69% 
0% 
100% 

 Unmet Need  

Cost 

CDBG-DR Mitigation Set Aside 
Eligible 
Category 
Mitigation 
Total  CDBG-DR 
and Mitigation 

N/A 

N/A 

%  of  Unmet 
Need 
N/A 

N/A 

% in MID 

100% 

100% 

 CDBG-DR 
Allocation Amount  
$12,522,000.00  

% of Total 
CDBG-DR 
15% 

$96,004,000.00  

100% 

5 

 
 
 
 
 
  
 
 
 
 
 
 
Project Overview  
The  Firm(s)  will  provide comprehensive  services related to the  Town’s  implementation  of  the 
CDBG-DR Action Plan including: 

1.  Engineering, 
2.  Design and Estimating,  
3.  Bidding, recommendations for award, 
4.  Construction Administration, 
5.  Construction Management, 
6.  Construction Project Management, 
7.  Grant compliance,  
8.  Project support, and  
9.  Technical assistance. 

All activities must comply with HUD requirements and be performed under the Town’s direction.  

With the understanding that this scope of work will be performed over a six-year horizon, the 
Town anticipates entering into a multi-year contract with the selected firm(s). It is the Town’s 
expectation that there will be a high degree of collaboration between the Town and the selected 
Firm(s) on the sequencing of program implementation, the needed personnel to complete the 
assigned task(s), and the milestones and deadlines associated with the specific deliverables not 
including  inherently  governmental  responsibilities  related  to  oversight  of  the  grant,  including 
policy development and financial management.  

As part of ongoing contract management, the Firm(s) shall:  

1.  Provide necessary equipment and supplies for their staff.  
2.  Establish a functional organizational structure with administrative oversight.  
3.  Submit monthly invoices (including timesheets) and work completion percentages.  
4.  Submit monthly activity reports detailing project status and concerns.  
5.  Meet monthly (or more often) with the Town’s contract manager.  
6.  Cooperate with all Town monitoring activities associated with this scope of work.  
7.  The  Firm(s)  must  assist  in  a  comprehensive  transfer  of  data,  documentation,  and 

processes to the Town at the contract end.  

Location of Work  
The Firm(s) must meet the Town’s expectations for collaboration, oversight, hours, and productivity.  

Remote work may be  proposed and approved with  discounted hourly rates expected  due  to reduced 
overhead.  

On-site work will occur in The Town of Cicero, with exact locations TBD. Some positions or tasks may 
require travel for meetings and oversight.  

6 

 
 
 
 
 
 
 
 
 
Project Timeline Expectations  
Timely  procurement  and  contract  execution  are  critical  for  the  Town’s  CDBG-DR  disaster  recovery 
efforts. Potential proposers should note the following estimated key dates for planning:  

Task Description                                                                          Due Date 

Proposals Due; Proposal Opening  

Monday, December 1, 2025 @ 3PM 

Short listed firms notified of in-person presentation interview  

Wednesday, December 10, 2025  

In-person interviews with short listed firms  

December 15 – 16, 2025  

Recommendation of Approval  

Thursday, December 18, 2025 

Town Board Approval of Contract and  

Tuesday, December 23, 2025  

Firm(s) Report(s) to Work  

Monday, January 5, 2026 

Unless otherwise indicated, all times are local. 

Tasks/Deliverables  
These  tasks  are  focused  on  the  implementation  of  the  CDBG-DR  Program  Areas  of  Housing, 
Infrastructure,  Mitigation,  Planning,  Monitoring  and  Compliance,  Environmental  Reviews,  and 
Modifications and Amendments.  

The  Town’s  implementation  of  the  CDBG-DR  funding  will  include  a  mix  of  Sewer  Repair  and 
Reconstruction  Projects,  Underground  Stormwater  Management  Projects,  and  Permeable 
Alleys.  These descriptions are not exhaustive; duties may vary based on Town needs. 
Over the course of up to six (6) years, the Firm(s) may be expected to provide, but not be limited 
to, the following deliverables: 

Task 1:  Program Design, Implementation, and Management: Infrastructure  
The  Infrastructure  Program  will  fund  infrastructure  investments  that  support  the  broader 
recovery of Cicero, including projects that mitigate risks, improve the resiliency of infrastructure 
systems, improve community resilience, support economic revitalization, and support affordable 
housing.  

7 

 
 
 
 
 
 
 
 
 
 
 
 
Infrastructure Programs Overview 

Eligible Cost Category 

Activity 

 CDBG-Budget Amount  

Infrastructure 

Stormwater Management and Storage 

$30,978,000.00  

Infrastructure 

Sewer Repair and Construction 

Total 

$26,500,000.00  
$56,978,000.00  

Program Title 

Total Budget/CDBG-DR 
Allocation 
Eligible Activities 

National Objective(s) 

Storm Water Management and Storage 

$30,978,000.00 

Public facilities and improvements, 24 CFR 570.201(c) 
Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and Universal Notice 
III.D.6.e 

Lead Agency and 
Distribution Model 

The Town of Cicero will directly administer this project with assistance from the 
Town Engineer, procured consultants, and procured contractors. 

Program Description 

This Storm Water Management and Storage project will reduce the amount of storm 
water in the combined sewer system. The Town plans to complete four large 
stormwater detention projects to redirect sewer lines to underground storage areas 
of publicly owned land throughout the Town, reducing the amount of storm water in 
the sewers during torrential storms. This project is directly tied to the Town of 
Cicero’s unmet needs assessment.   

Eligible Geographic 
Areas 

The Town of Cicero, Illinois 60804 

a.  Town of Cicero-Owned properties will be given priority for underground 

stormwater detention facilities, the Town does not plan any property acquisition 
at this time. 

Other Eligibility Criteria 

b.  Locations will be selected based on criteria and recommendations in the 

c. 

Stormwater Management Plan. 
Locations will be selected based on areas that include at least 51% of residents 
at or below 80% AMI. 

Maximum Amount of 
Assistance Per 
Beneficiary 
Maximum Income of 
Beneficiary 

Mitigation Measures 

N/A 

This area is a low to moderate income area (LMA). 

During torrential rainfalls, the combined sewer system is overwhelmed by the 
amount of water which eventually starts back flowing into people's basements. This 
project will reduce the amount of storm water in the combined sewer system and 
the storm water will be stored in underground tanks on publicly owned land. 

Reducing Barriers for 
Assistance 

N/A 

8 

 
 
 
 
 
Program Title 

Total Budget/CDBG-DR 
Allocation 
Eligible Activities 

National Objective(s) 

Sewer Repair and Construction Program 

$26,500,000.00 

Public facilities and improvements, 24 CFR 570.201(c) 
Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and Universal 
Notice III.D.6.e 

Lead Agency and Distribution 
Model 

The Town of Cicero will directly administer this project with assistance from 
the Town Engineer, procured consultants, and procured contractors. 

Program Description 

This Sewer Improvement project will replace the existing sewer lines and 
increase the size of the sewer lines to allow for a larger amount of water that 
can be held. Increasing the size of the sewer lines will prevent backup of 
sewer and storm water into people's homes. 

Eligible Geographic Areas 

The Town of Cicero, Illinois 60804 

Other Eligibility Criteria 

Maximum Amount of 
Assistance Per Beneficiary 
Maximum Income of 
Beneficiary 

Mitigation Measures 

a.  Sewer locations will be based on criteria and recommendations identified 

in the Town of Cicero Stormwater Management Plan. 

b.  Sewer locations will be selected based on areas that include at least 51% 

of residents at or below 80% AMI 

N/A 

This area is a low to moderate income area (LMA). 

During torrential rainfalls, the combined sewer system is overwhelmed by the 
amount of water which eventually starts backflowing into people's 
basements. This project will increase the size of the sewer lines, reducing the 
chance of sewer backup in people's homes. 

Reducing Barriers for 
Assistance 

N/A 

9 

 
 
 
 
 
 
 
 
 
 
 
Program Title 

Total Budget/CDBG-DR 
Allocation 
Eligible Activities 

National Objective(s) 

Permeable Alley Installation Program  

$12,522,000.00  

Public facilities and improvements, 24 CFR 570.201(c) 
Benefit Low and Moderate Area (LMA), 24 CFR 570.208(a)(1) and 
Universal Notice III.D.6.e 

Lead Agency and Distribution 
Model 

The Town of Cicero will directly administer this project with assistance 
from the Town Engineer, procured consultants, and procured 
contractors. 

This Permeable Alley Infrastructure project drains storm water into the 
earth instead of in the combined sewer system.  The Town, in partnership 
with the Metropolitan Water Reclamation District have been installing 
Permeable Alleys for several years now. The federally-declared disaster 
from July 2023 was due to the overwhelmed combination sewer system, 
with nowhere from storm water to go but in resident’s basements or 
blocked roadways.  This project reduces the amount of storm water in 
the combined sewer system.  We anticipate constructing up to 35 
Permeable alleys.  This project is directly tied to the Town of Cicero’s 
unmet needs assessment.  
The Town of Cicero, Illinois 60804 
a.  Alley locations will be selected based on criteria identified in the 

Town of Cicero Stormwater Management Plan 

b.  Alley locations will be selected based on areas that include more at 

least 51% of residents at or below 80% AMI 

c.  Alleys that require a storm sewer will not be selected as we do not 

want to put water into the sewer system. 

N/A 

Area of Permeable Alley installation must be a Low to Moderate Income 
Area (LMA). 

This project is 100% mitigation by reducing the amount of storm water in 
the combined sewer system, reducing the risk of future sewer back up. 

 N/A 

Program Description 

Eligible Geographic Areas 

Other Eligibility Criteria 

Maximum Amount of 
Assistance Per Beneficiary 
Maximum Income of 
Beneficiary 

Mitigation Measures 

Reducing Barriers for 
Assistance 

10 

 
 
 
 
 
 
 
 
 
 
 
 
EXPECTATIONS OF THE DESIGNER  
The  Design  team  must  include  professionals  who  can  demonstrate  high  standards  of 
accomplishments and knowledge in the following areas:  

1.  Design, permitting, and construction management in adherence to the Town of Cicero 

Stormwater Ordinance and any other State and local pertinent regulations.  

2.  Experience working with regulatory agencies, including Community Development Block 

Grant, FEMA, SBA, etc. 

3.  Working in an urban built out environment and all the unique logistics that entails. 
4.  Working with multiple user groups, committees, and elected officials.  
5.  Demonstrated ability to design compliant, creative, and cost-effective solutions. 
6.  Combining function and aesthetics, to create public amenities. 
7.  Experience working with natural systems; including habitat restoration, wetlands, stream 

restoration, and landscaping.  

8.  Construction,  maintenance  and  upkeep  of  stormwater,  habitat  areas,  and  native 

landscaped areas. 

9.  Expertise with GIS, specifically ESRI’s Stormwater Utility Network data model.  
10. Proven ability to plan multiple projects over the course of several years. 

SCOPE OF WORK 
This project includes: 

1)  A minimum of four (4) large-scale underground stormwater detention projects, locations 
identified to make an impact based on data from the Town’s Stormwater Management 
Plan. 

2)  Identify  areas  of  undersized  sewers,  and  the  reconstruction  of  sewers  with  larger 
diameter  sewers,  and  the  restoration  of  the  surrounding  area.    Locations  identified to 
make an impact based on data from the Town’s Stormwater Management Plan. 

3)  The  installation  of  up  to  35  blocks  of  permeable  alleys  in  locations  identified  as  not 

needing a storm sewer. 

4)  Projects based on available funding. 
5)  Plan out projects for annual basis, to limit disruptions of the community to the best of 

your ability. 

The Town of Cicero has six (6) years to complete all CDBG-DR projects.  The Town wants to be 
completed within five (5) years, to ensure timeliness of tests associated with HUD funding.  The 
scope of work for sewer repair and construction, underground stormwater management, and 
permeable alleys includes: 

1.  Advance planning (AP),  
2.  Annual Scheduling, 
3.  Project Design,  
4.  Project Bidding, 
5.  Contract Award, 
6.  Construction Management, 
7.  Construction Administration, and  

11 

 
 
 
8.  Project Closeout.  

The AP phase includes working with Town staff to identify projects needs and recommendations. 
Analysis will include evaluating location, size, type, and constructability.  

The Designer will identify and generate the necessary documentation to obtain a Stormwater 
Management permit, and all other regulatory permits and approvals. In addition to stormwater 
engineers,  this  project  will  require  at  a  minimum  the  expertise  of  surveyors,  geotechnical 
engineers, environmental scientists, and architects.  

During the Design Phase, the Designer shall provide all documents and estimated construction 
costs for Town review. The Designer will also identify and obtain all permits required to complete 
construction. Designer shall also facilitate Bidding.  

The  Designer  will  provide  Construction  Phase  services  that  include  contract  accuracy, 
construction administration, inspection services, production of record drawings, any permitting 
activities, pay application review, verification, processing, and project close out. 

The  Designer  shall  schedule  meetings  with  designated  Town  representatives  to  review  each 
design phase of the project, to include budget and schedule. 

The Designer shall submit all necessary documents, as required and if needed. 

DESIGNER SELECTION CRITERIA  
The Town of Cicero will use the following in evaluating qualifications:  
1)  Specialized or appropriate expertise in the type of project.  
2)  Past performance on similar projects.  
3)  Adequate staff and expertise for the proposed project design team.  
4)  Current workload and similar projects awarded.  
5)  Proposed design approach and review methodology for the project.  
6)  Recent experience with project costs and schedules.  
7)  Construction administration capabilities.  
8)  Permitting expertise.  
9)  Proximity to and familiarity with the area where the project is located.  
10) Experience working with other consultants, including planners, administrators, etc. 
11) Other factors that may be appropriate for the project  

SCHEDULE  
The design of the project will begin immediately after a contract is executed.  

12 

 
 
 
 
 
 
  
 
 
 
 
 
 
Evaluation Criteria & Proposal Instructions  

A. Qualifications of the firm  
Provide a description and history of the firm focusing on previous disaster recovery experience 
and  CDBG-DR  implementation  experience,  highlighting  relevant  experience  in  each  Town  of 
Cicero CDBG-DR program areas. Include past experience with the relevant Federal Regulations. 
Provide additional information to support the evaluation of firm qualifications.  

The qualifications of the prime contracting firm must include, at a minimum, the following:  

1.  Ten  (10)  years  of  experience,  within  the  last  fifteen  (15)  years  working  with  Disaster 
Recovery  at  the  Federal,  State  or  local  level,  including  specific  experience  with 
interpreting, administering and implementing HUD CDBG-DR grant rules and Programs.  
2.  Experience  implementing  Federal  grants  for  multiple  clients  of  comparable  size  and 

complexity.  

3.  Demonstrated  experience  layering  multiple  sources  of  Federal  funds  to  accomplish 

recovery projects (e.g., FEMA PA, HMGP and HUD CDBG-DR).  

4.  Demonstrated experience developing and implementing innovative solutions to difficult 
recovery issues, including innovative uses of traditional recovery funding streams (e.g., 
FEMA PA and HUD CDBG-DR).  

5.  Prior  experience  in  Program  Conformance  with  pre-  and  post-  construction  projects, 
including but not limited to producing detailed estimates, performing quantity surveys, 
participating in design development meetings, and reviewing progress design documents 
for conformance to budgeted scope of work. 

6.  Demonstrated  experience  in  managing  projects  with  at  least  three  funding  streams, 
including, but not limited to: Insurance; 404 and 406 Hazard Mitigation; FHWA; HUD; and 
FEMA.  

7.  Proven  track  record  proactively  and  successfully  solving  disagreements  during  project 

formulation rather than through appeals and arbitration.  
related 

technical  assistance 

8.  Experience  providing 
implementation.  

to  CDBG-DR  Action  Plan 

9.  Experience working with HUD CDBG-DR grant programs at the Federal, State or large local 

government level, including program design and monitoring.  

10. Knowledge of HUD’s requirements for infrastructure and public facilities including FEMA 

PA / HMGP match programs, etc.  

11. Knowledge of HUD’s cross-cutting requirements for CDBG DR Implementation (including 
but  not  limited  to  Uniform  Administrative  Requirements,  Cost  Principles,  and  Audit 
Requirements (2 CFR 200) Duplication of Benefits, Uniform Relocation Act, NEPA, Section 
3, etc).  

13 

 
 
 
 
 
 
B. Qualifications of Personnel  
Provide  an  organizational  chart,  resumes,  and  summary  of  personnel  qualifications.  Key 
personnel may include, but are not limited to:  

  Project Executive (15+ years of experience with at least five (5) years in a leadership role)  
  Senior Subject Matter Expert (12+ years of experience)  
  Subject Matter Expert (10+ years of experience)  
  Senior Project Manager (8+ years of project management experience, plus college  

degree)  

  Project Manager (6+ years of management experience, plus college degree)  
  Project Accountant (5+ years of experience, plus relevant college degree)  
 
  Administrator (1+ year experience)  

Infrastructure Program Consultant (5+ years of experience)   

Proposer  may  include  other  labor  categories  and  include  a  description  describing  the 
minimal level of qualifications. For all positions, education and work experience may be 
substituted on a one for one basis.  

C. Past Performance References  
Provide a minimum of three (3) references for which the firm has performed services in the past 
that are similar to the requirements in the Scope of Services.  Provide a description of the project, 
the  reference  contact  name,  title,  e-mail  address,  telephone  numbers,  and  date  of  the 
contract/period of performance.  

D. Technical Approach  
Provide a description of your firm’s approach to the project. Include information regarding start-
up procedures, project management, and quality control procedures. Provide your approach to 
each of the scope of work areas identified in the Scope of Services.  Please provide completed 
responses  to  the  checklist  spreadsheet  attached  at  the  end  of  this  section.  Instructions  are 
provided in the spreadsheet. 

E. Cost Proposal  
Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included herein. 
The Cost Proposal will be evaluated on the hourly rates submitted on the cost proposal form for 
the labor positions listed. All non-labor other direct costs, including travel and lodging, will be 
billed to the Town of Cicero at cost without mark-up.  

14 

 
 
 
 
 
 
 
 
 
Evaluation Metrics 
Evaluation Metrics Criteria 
Qualifications of the Firm 
Qualifications of Personnel 
Past Performance References 
Technical Approach 
Cost Proposal 
Total Possible Points 

Points 
25 
25 
20 
20 
10 
100 

NOTE: Pricing is not confidential or proprietary.  

Evaluation and Selection Process  
Submittals  will  be  reviewed  for  responsiveness,  and  responsive  submittals  will  further  be 
screened by a selection committee in accordance with the above criteria. The firm(s) submitting 
the highest-rated proposal may be invited for interviews. 

Interviews will be scored and ranked separately from the written proposals. However, the Town 
may use criteria similar to the above Evaluation Criteria to score and rank Proposers’ responses 
to  interview  questions  or  instructions,  in  addition  to  other  relevant  information  provided  or 
requested.  

After interviews, a Best and Final Offer (BAFO) may be requested. The Town reserves the right to 
make an award without further discussion of the proposal submitted with the offeror. Therefore, 
the proposal should be submitted initially on the most favorable terms and pricing that the firm 
or individual might propose.  

The Town reserves the right to award a contract to the firm whose proposal best accomplishes 
the desired results.  

The  Town  of  Cicero  reserves  the  right  to  request  additional  information  or  clarification  from 
proposers during the evaluation process.  

The Town reserves the right to reject any or all proposals, or to waive minor irregularities in said 
proposals, or to negotiate with the successful firm(s). In the case of differences between written 
words and figures in a proposal, the amount stated in written words shall govern. In the case of 
a difference in unit price versus the extended figure, the unit price shall govern.  

The Town will notify all proposers whether or not they are selected for the subject work. Email is 
the Town’s preferred method of communication for all stages of the RFQ process. 

15 

 
 
 
 
 
 
 
 
 
 
 
Proposal Submittal Instructions  

All proposals MUST be clearly identified on the envelope as: 

RFQ-CDBG-DR Engineering, Design, Construction Administration and Management  
and MUST be delivered by December 1, 2025, 3:00 pm. 

Proposals must be delivered to the following address:  

Town of Cicero 
Clerk’s Office 
4949 W. Cermak Rd. Cicero, IL 60804 
ATTN: Tom M. Tomschin 

Late Proposals will not be considered and will be rejected and destroyed. The Town will not be 
responsible for any delays in the delivery, receipt or handling of Proposals.  Proposals must be 
signed  by  an  authorized  representative  of  your  organization.  Faxed  proposals  will  NOT  be 
considered.  

Respondent  must  submit  one  (1)  original  and  five  (5)  copies  in  hardcopy  format.  In  addition, 
Respondent must submit six (6) copies of the Proposals on a CD-ROM or flash drive in .pdf format. 
The  original  document  must  clearly  be  marked  and  must  bear  the  original  signature  of  an 
authorized  agent.  Respondent  must  enclose  all  documents  in  a  sealed  container.  Proposals 
submitted via facsimile or electronic mail will not be accepted and will be rejected and destroyed.   

Questions and Addenda Inquiries and/or clarifications must be submitted via email to the project 
manager  Tom  M.  Tomschin  via  email  at  ttomschin@thetownofcicero.com  by  November  20, 
2025, 5:00pm.  

Any revisions to this RFQ shall be made by written addendum only. Addendum will be issued 
answering all questions and/or addressing any approved modifications to the RFQ.  

No oral statements by any person shall modify or otherwise affect this RFQ.  

Proposers  shall  acknowledge  receipt  of  any  addendum  by  returning  a  signed  copy  with  their 
proposal.  

All addenda will be posted to https://thetownofcicero.com/government/town-notices/ . It is the 
responsibility of the proposer to check this website periodically for any changes to this proposal. 

All submissions are subject to the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.)  

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Cost Proposal  
Instructions: The proposal shall include pricing for all services. Pricing shall be inclusive unless 
otherwise  indicated.  The  proposal  shall  itemize  all  services,  including  any  hourly  rates  for  all 
professional, technical and support personnel as well as all other charges related to completion 
for a fully functioning system. The proposal shall include a total cost not to be exceeded.  

(Please add lines/descriptions if necessary) 

Description 

Cost 

Program Design, Implementation and Management: Sewer Repair and Construction 

 $                                                           

Program Design, Implementation and Management: Stormwater Management 

 $                                                           

Program Design, Implementation and Management: Permeable Alleys 

 $                                                           

 $                                                           

 $                                                           

 $                                                           

 $                                                          

 $                                                            

Total - Not to Exceed for 6-Year Commitment 

 $                                                          

Name of Firm: 

Authorized Signature: 

Printed Name: 

Title: 

Email: 

Date: 

17 

 
 
 
 
  
  
  
  
 
 
 
  
  
  
  
  
  
Program Design, Implementation and Management: Sewer Repair and Construction 

Position 

Hourly Rate 

Program Design, Implementation and Management: Stormwater Management 

Position 

Hourly Rate 

18 

 
 
 
 
 
 
  
  
  
  
 
  
 
  
 
  
 
  
 
  
 
  
  
  
  
  
  
  
 
  
 
  
 
  
 
  
Program Design, Implementation and Management: Permeable Alleys 

Position 

Hourly Rate 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
 
  
 
  
 
  
 
  
Exhibit 1: Request for Proposal (RFQ) Terms and Conditions  

Standard  Contract:  Upon  completion  of  the  evaluation  and  recommendation  for  award,  the 
selected Firm(s) will be required to execute a general services contract.  

Contract Term: The term of this contract shall begin upon execution and remain in effect until 
the project is complete or until the maximum dollar amount has been expended. Not to exceed 
six (6) years as specified in the deliverables.  

Independent  Contractor:  At  all  times  the  Contractor  shall  represent  himself/herself  to  be  an 
independent  contractor  offering  services  to  the  Town  of  Cicero  and  shall  not  represent 
himself/herself, or his/her employees, to be an employee of the Town of Cicero. Therefore, the 
Contractor  shall  assume  all  legal  and  financial  responsibility  for  taxes,  FICA,  employee  fringe 
benefits, workers’ compensation, employee insurance, minimum wage requirements, overtime, 
etc.,  and  agrees  to  indemnify,  save,  and  hold  the  Town  of  Cicero  and  its  officers, agents,  and 
employees harmless from and against any and all loss, cost (including attorney fees), and damage 
of any kind related to such matters.  

Publicity  Clause:  Respondent  must  obtain  prior  written  approval  from  the  Town  for  use  of 
information relating to the Town or this Agreement in advertisements, brochures, promotional 
materials or media, press releases, or other informational avenues.  

Non-Appropriation: If the Town does not receive funding for this Contract from the Town Board 
for any fiscal year applicable to this Contract, then the Town shall have the right to terminate this 
Agreement without penalty by giving not less than thirty (30) days’ written notice documenting 
the lack of funding.  

Conflict of Interest: The Contractor shall warrant that no official or employee of the Town who 
has a conflict of interest has been employed or retained to solicit or aid in the procuring of the 
resulting contract, nor that any such person will be employed in the performance of such contract 
without immediate divulgence of such fact to the Town.  

Non-Collusion: Proposers submitting proposals shall warrant that their offer is made without any 
previous  understanding,  agreement,  or  connection  with  any  person,  firm,  or  corporation 
submitting a separate proposal for the same project and is in all respects fair, without outside 
control, collusion, fraud, or otherwise illegal action. A Respondent must submit a notarized Non-
Collusion Affidavit, attached hereto and incorporated herein as ATTACHMENT D, certifying that 
the Respondent has not colluded with any other entity in the submission of the Proposal. This 
condition shall not apply to proposals that are submitted by Proposers who have partnered with 
others  to  submit  a  cooperative  proposal  that  clearly  identifies  a  primary  contractor  and  the 
associated sub-contractors. 

20 

 
 
 
 
 
 
 
 
 
 
law,  Employers  and  their 
E-Verify  Employer  Compliance:  To  the  extent  required  by 
subcontractors with 25 or more employees as defined must comply with E-Verify requirements 
to contract with governmental units. E-Verify is a Federal program and can be accessed via this 
link: https://www.e-verify.gov/.  

Drug Free Workplace: The Town of Cicero is a drug-free workplace employer. The Town requires 
contractors/Firm(s)s entering into a contract with the Town to provide a drug-free workplace in 
the performance of said contract. The contractor, upon execution of the contract, certifies that 
it will provide a drug-free workplace during the performance of the work on this contract. he 
contractor agrees to notify employees that the unlawful manufacture, distribution, dispensation, 
possession, or use of a controlled substance is prohibited in the workplace and specify the actions 
that will be taken for violations of such prohibitions. Responsive actions should be appropriate 
and sufficient to address and remediate any violations of this requirement.  

Selection  Does  Not  Guarantee  the  Award  of  a  Contract:  This  RFQ  shall  not  create  any  legal 
obligation of the Town to evaluate any Proposal that is submitted or to enter into any contract 
or  any  other  agreement  with  a  Respondent  that  submits  a  response  except  on  terms  and 
conditions  that  the  Town  deems,  in  its  sole  and  absolute  discretion,  to  be  satisfactory  and 
desirable. 

The Town reserves the right to reject all Proposals received and the right to waive non-material 
formalities  and  technicalities  according  to  the  best  interests  of  the  Town.    Any  Proposals 
submitted shall be binding for ninety (90) calendar days following the Town’s opening and review 
of the same.  The Town reserves the right to elect a single Respondent or multiple Respondents 
to perform the desired services.  The Town reserves the right to terminate the desired services 
provided by the Respondent at any time and to ask for any additional information regarding a 
submitted proposal at any time.  Any work provided by the Respondent will be in compliance 
with a contract to be entered into subsequent to this RFQ.   

Expenses Incurred In Preparing Proposal: The Town of Cicero accepts no responsibility for any 
expense or damages incurred by the proposer in the preparation of a proposal. Such expenses 
shall be borne exclusively by the proposer. This includes, but is not limited to, costs associated 
with preparing the Proposals and of participating in any interviews, site visits, demonstrations, 
oral presentations and negotiations. 

Contract Award.  

1. 
2. 

The Respondent’s Proposal must be complete to be considered for the award.  
The Town reserves the right to qualify, accept or reject any or all Respondents and 
accept  any Proposal  deemed  to  be  in the  best  interest  of  the Town.  The  Town 
reserves the right to accept or reject any or all Proposals and waive irregularities 
or technicalities in any Proposal when in the best interest of the Town. The Town 
reserves the right to accept or reject any exception taken by the vendor to the 
terms and conditions of the RFQ.  

21 

 
 
 
 
 
 
 
 
3. 
4. 

5. 

Award, if made, shall be in the form of a contract.  
If, after the award of a contract is made, the Town determines the Respondent is 
unable to provide sufficient service, the Town reserves the right to reject and relet 
or otherwise contract out for the services.  
The award of a contract does not guarantee that the need will arise with respect 
to the successful Respondent’s services and the Town reserves the right to decline 
the use  of  the  services  sought  herein  and  is  in  no  way  bound  to any minimum 
usage requirements with regard to said services.  

Addenda: Any and all revisions to this document shall be made only by written addendum from 
the Town of Cicero Purchasing Division. Therefore, no oral statements by any person shall modify 
or otherwise affect the terms, conditions, or specifications stated in this request for proposals. 
The  proposer  is  cautioned  that  the  requirements  of  this  RFQ  can  be  altered  only  by  written 
addendum and that verbal communications from any source are of no effect. 

Competency  of  Respondent:  No  Proposal  may  be  accepted  from  or  contract  awarded  to  any 
Respondent who is in arrears or in default to the Town upon any debt or contract and the same 
will be rejected. Prior failure of a Respondent to perform faithfully on any previous contract or 
work for the Town may be grounds for rejection. The Respondent must not have been suspended 
or debarred from doing business with the state and/or federal government. The Respondent, if 
requested, shall present evidence of performance ability and possession of necessary facilities, 
pecuniary resources and adequate insurance to comply with the terms of this RFQ. Such evidence 
shall be presented within a specified time and to the satisfaction of the Town. 

Termination: This contract may be terminated by either party, with thirty (30) days prior written 
notice. Notice shall be served under this contract by email and acknowledged by both parties.  

Insurance Requirements: The successful Proposer (Contractor) agrees to keep and maintain for 
the duration of this Agreement including but not limited to commercial general liability, cyber 
liability, auto liability, professional liability, and workers’ compensation coverage with at least 
the  minimum  limits  shown  below.  The  Contractor  shall  furnish  the  Town  with  certificates  of 
insurance for each type of insurance described herein, with the Town listed as Certificate Holder 
and as an additional insured on the Contractor’s general liability policy and provide a waiver of 
subrogation on the Contractor’s general liability and workers’ compensation policy. In the event 
of bodily injury, property damage, or financial loss caused by the Contractor’s negligent acts or 
omissions  in  connection  with  Contractor’s  services  performed  under  this  Agreement,  the 
Contractor’s Liability insurance shall be primary with respect to any other insurance which may 
be available to the Town, regardless of how the “Other Insurance” provisions may read. In the 
event  of  cancellation,  substantial  changes  or  nonrenewal,  the  Contractor  and  their  insurance 
carrier  shall  give  the  Town  at  least  thirty  (30)  days  prior  written  notice.  No  work  shall  be 
performed until the Contractor has furnished to the Town the above referenced certificates of 
insurance and associated endorsements, in a form suitable to the Town. 

22 

 
 
 
 
 
 
 
  
Commercial General Liability:  
Cyber Liability:  
Auto Liability:   
Professional Liability:   
Workers' Compensation:  

$1,000,000 per occurrence  
$1,000,000 per loss / $3,000,000 aggregate  
At Least IL State Minimum Limits  
$3,000,000 per claim-made / $5,000,000 aggregate  
Statutory  

Bonding Requirement: For contractors carrying out construction under contracts that are valued 
at more than $350,000.00, the following bonding requirements must be followed:  

(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The bid 
guarantee must consist of a firm commitment such as a bid bond, certified check, or other 
negotiable  instrument  accompanying  a  bid  as  assurance  that  the  bidder  will,  upon 
acceptance of the bid, execute any required contractual documents within the specified 
timeframe. 
(b) A performance bond on the contractor's part for 100 percent of the contract price. A 
performance  bond  is  a  bond  executed  in  connection  with  a  contract  to  secure  the 
fulfillment of all the contractor's requirements under a contract. 
(c)  A  payment  bond  on  the  contractor's  part  for  100  percent  of  the  contract  price.  A 
payment bond is a bond executed in connection with a contract to assure payment as 
required by the law of all persons supplying labor and material in the execution of the 
work provided for under a contract. 

Governing  Law  And  Jurisdiction:  The  parties  acknowledge  that  this  Agreement  is  made  and 
entered into in Cicero, Illinois, and will be performed in Cook County, Illinois. The parties further 
acknowledge  and  agree  that  Illinois  law  shall  govern  all  the  rights,  obligations,  duties,  and 
liabilities of the parties under this Agreement, and that Illinois law shall govern the interpretation 
and enforcement of this Agreement and any other matters relating to this Agreement (all without 
regard  to  Illinois  conflicts  of  law  principles).  Disputes  arising  under  this  Agreement  shall  be 
resolved in an appropriate court in Illinois. 

Applicable  Illinois  Laws.  This  RFQ  calls  for  the  construction  of  a  “public  work,”  within  the 
meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”). The Act requires 
contractors and subcontractors to pay laborers, workers and mechanics performing services on 
public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus 
amount  for  fringe  benefits)  in  the  county  where  the  work  is  performed.  The  Department 
publishes the prevailing wage rates at:  

https://www2.illinois.gov/idol/LawsRules/CONMED/Pages/Rates.aspx  

The  Department  revises  the  prevailing  wage  rates  and  the  contractor/subcontractor  has  an 
obligation  to  check  the  Department’s  web  site  for  revisions  to  prevailing  wage  rates.  For 
information regarding current prevailing wage rates, please refer to the Illinois  Department of 
Labor’s website. All contractors and subcontractors rendering services requested under this RFQ 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
must comply with all requirements of the Act, including but not limited to, all wage requirements 
and notice and record keeping duties.  

The  selected  Respondent  shall  also  comply  with  all  applicable  Federal,  State,  and  local 
regulations, including but not limited to the Davis Bacon Act and all record keeping requirements 
related thereto. 

Indemnification: The successful proposer shall indemnify, defend and hold harmless the Town 
and the Town’s officers, employees and agents from and against any and all losses, damages, 
costs, expenses (including reasonable attorneys’ fees), obligations, and other liabilities (including 
settlement amounts) that arise directly or indirectly from:  

  Any  infringement  of  any  copyright,  trademark,  or  patent,  any  misappropriation  of  any 
trade  secrets,  or  infringement  or  misappropriation  of  any  other  proprietary  rights,  in 
connection  with  any  software,  documentation,  services,  or  other  products  supplied 
directly or indirectly by successful proposer in connection with this Agreement, or any 
allegation of any of the foregoing (collectively referred to as “Infringement Claims”);  
  Any  acts  of  negligence  or  willful  misconduct  by  the  successful  proposer  or  any  of  its 
agents,  employees,  or  subcontractors  (or  any  allegations  of  any  of  the  foregoing), 
including  but  not  limited  to  any  liability  caused  by  an  accident  or  other  occurrence 
resulting  in  bodily  injury,  death,  sickness,  or  disease  to  any  person(s)  or  damage  or 
destruction to any property, real or personal;  

  Any acts or omissions of the successful proposer with respect to the services provided by 
the successful proposer under this Agreement (or any allegations of any of the foregoing);  
  Any  claims  by  any  persons  or  entities  supplying  labor  or  material  to  the  successful 
proposer in connection with the performance of the Company’s obligations under this 
Agreement.  

Confidentiality:  To  the  extent  allowed  by  applicable  law,  the  Respondent  may  designate  as 
confidential those portions of the Proposals that contain trade secrets or other proprietary data 
that must remain confidential.  

Certification.    Each  Respondent  must  certify  on  ATTACHMENT  D,  attached  hereto  and 
incorporated herein, that the Proposal is true and accurate, and that to the best of Respondent’s 
knowledge, the Proposal is not misleading or fails to include relevant information.  

Commitment to Diversity. As a unit of local government under the Constitution of the State of 
Illinois, the Town is committed to encouraging diversity in the performance of work for and by 
the  Town.  Please  refer  to  ATTACHMENT  E,  attached  hereto  and  incorporated  herein,  which 
provides a link to Section 2-870 of The Code of Ordinances of the Town of Cicero, Illinois for more 
information. 

24 

 
 
 
 
 
 
 
 
 
 
 
Exhibit 2:  Federally required Terms and Conditions 

Federal Applicability:  
The Town anticipates that this Contract may be financed in whole or in part with Federal and or 
State  funding.  As  such,  applicable  Federal  and  State  laws,  regulations,  policies,  and  related 
administrative  practices  apply  to  this  Contract.  The  most  recent  of  such  Federal  and/or  State 
requirements, including any amendments made after the execution of this Contract, shall govern 
this Contract, unless the Federal and/or State Government determines otherwise. This Section 
identifies the Federal and State requirements that are applicable to this Contract. The Contractor 
is responsible for complying with all applicable provisions.  

To the extent applicable, the Federal and State requirements are deemed incorporated into this 
Contract by reference and shall be incorporated into any subcontract or subcontract executed by 
the  Contractor  pursuant  to  its  obligations  under  this  Contract.  The  Contractor  and  its 
subcontractors, if any, hereby represent and covenant that they have complied and shall comply 
in the future with all applicable provisions of Federal, State, and local laws, regulations, and rules 
and  local  policies  and  procedures,  as  amended  from time  to time,  relating to  the  Work to  be 
performed  under  this  Contract.  Anything  to  the  contrary  herein  notwithstanding,  all  Federal 
awarding agency-mandated terms shall be deemed to control in the event of a conflict with other 
provisions contained in this Contract. The Contractor shall not perform any act, fail to perform 
any  act,  or  refuse  to  comply  with  any  Town  requests,  which  would  cause  the  Town  to  be  in 
violation of the Federal awarding agency’s terms and conditions.  

This  Contract  may  be  financed,  in  whole  or  in  part,  by  funding  provided  by federal  programs 
including,  but  not  limited  to,  the  Federal  Emergency  Management  Agency  (FEMA),  the 
Department of Housing and Urban Development, (HUD), or the Department of Transportation 
(DOT).  Contractor  shall  at  all  times  comply  with  all  applicable  federal  regulations,  policies, 
procedures, and directives, including without limitation those listed directly or by reference, as 
they  may  be  amended  or  promulgated  from  time  to  time  during  the  term  of  this  Contract. 
Contractor’s failure to comply shall constitute a material breach of this Contract.  

REMEDIES:  
PERFORMANCE AND DEFAULT: If, through any cause, contractor shall fail to fulfill in timely and 
proper manner the obligations under The Contract, the Town shall have the right to terminate 
The Contract by giving written notice to the contractor and specifying the effective date thereof. 
In that event any or all finished or unfinished deliverable items under The Contract prepared by 
the contractor shall, at the option of the Town, become its property, and the contractor shall be 
entitled to  receive  just and  equitable  compensation for  any  acceptable work  completed  as to 
which the option is exercised. Notwithstanding, contractor shall not be relieved of liability to the 
Town for damages sustained by the Town by virtue of any breach of The Contract, and the Town 
may withhold any payment due the contractor for the purpose of set off until such time as the 
exact amount of damages due the Town from such breach can be determined. The Town reserves 

25 

 
 
 
 
 
 
the right to require at any time a performance bond or other acceptable alternative performance 
guarantees from the contractor without expense to the Town.  

In the event of default by the contractor, the Town may procure the goods and services necessary 
to complete performance hereunder from other sources and hold the contractor responsible for 
any excess cost occasioned thereby. In addition, in the event of default by the contractor under 
The Contract, or upon the contractor filing a petition for bankruptcy or the entering of a judgment 
of bankruptcy by or against the contractor, the Town may immediately cease doing business with 
the contractor, immediately terminate The Contract for cause, and may take action to debar the 
contractor from doing future business with the Town.  

TERMINATION FOR CAUSE OR CONVENIENCE:  
For purposes of clarity, it is expressly noted that, if the contractor fails to fulfill its obligations 
under The Contract, or otherwise breaches the terms of The Contract, the Town shall be entitled 
to terminate The Contract by giving written notice to the contractor and specifying the effective 
date thereof.  In  such  an  event,  the  Town  shall  have  the  right to  pursue any of the  additional 
remedies listed in the preceding section of these Terms and Conditions.  

If this contract contemplates deliveries or performance over a period of time, the Town may, for 
any reason within its sole discretion, terminate this contract at any time by providing 30 days’ 
notice in writing from the Town to the contractor. In that event, any or all finished or unfinished 
deliverable items prepared by the Vendor under this contract shall, at the option of the Town, 
become its property. If the contract is terminated by the Town as provided in this section, the 
Town  shall  pay  for  those  items  for  which  such  option  is  exercised,  less  any  payment  or 
compensation previously made.  

CONTRACT CHANGES:  
Contract  changes  must  be  in  writing  and  agreed  on  by  the  Town  and  the  vendor  and  will  be 
implemented by contract amendments. The cost of the change, modification, change order, or 
constructive change must be allowable, allocable, within the scope of its grant or cooperative 
agreement, and reasonable for the completion of project scope. Contract amendments will be 
coordinated with the Project Manager and approved by the Town before any changes should 
occur.  

NONDISCRIMINATION  
Equal Employment Opportunity  
During the performance of this contract, the contractor agrees as follows:  
(1)  The  contractor  will  not  discriminate  against  any  employee  or  applicant  for  employment 
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 
The contractor will take affirmative action to ensure that applicants are employed, and that 
employees are treated during employment without regard to their race, color, religion, sex, 
sexual orientation, gender identity, or national origin. Such action shall include, but not be 
limited  to  the  following:  Employment,  upgrading,  demotion,  or  transfer;  recruitment  or 
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 

26 

 
 
 
 
 
 
 
and  selection  for  training,  including  apprenticeship.  The  contractor  agrees  to  post  in 
conspicuous  places,  available  to  employees  and  applicants  for  employment,  notices  to  be 
provided setting forth the provisions of this nondiscrimination clause.  

(2)  The contractor will, in all solicitations or advertisements for employees placed by or on behalf 
of the contractor, state that all qualified applicants will receive consideration for employment 
without regard to race, color, religion, sex, sexual orientation, gender identity, or national 
origin.  

(3)  The contractor will not discharge or in any other manner discriminate against any employee 
or  applicant  for  employment  because  such  employee  or  applicant  has  inquired  about, 
discussed, or disclosed the compensation of the employee or applicant or another employee 
or applicant. This provision shall not apply to instances in which an employee who has access 
to  the  compensation  information  of  other  employees  or  applicants  as  a  part  of  such 
employee's essential job functions discloses the compensation of such other employees or 
applicants to individuals who do not otherwise have access to such information, unless such 
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, 
proceeding, hearing, or action, including an investigation conducted by the employer, or is 
consistent with the contractor's legal duty to furnish information.  

(4)  The contractor will send to each labor union or representative of workers with which he has 
a collective bargaining agreement or other contract or understanding, a notice to be provided 
advising the said labor union or workers' representatives of the contractor's commitments 
under  this  section,  and  shall  post  copies  of  the  notice  in  conspicuous  places  available  to 
employees and applicants for employment.  

(5)  The  contractor  will  comply  with  all provisions  of  Executive  Order  11246 of September  24, 

1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.  

(6)  The contractor will comply with Section 504 of the Rehabilitation Act of 1973, as amended. 
The contractor will furnish all information and reports required by Executive Order 11246 of 
September  24,  1965,  and  by  rules,  regulations,  and  orders  of  the  Secretary  of  Labor,  or 
pursuant  thereto,  and  will  permit  access  to  his  books,  records,  and  accounts  by  the 
administering agency and the Secretary of Labor for purposes of investigation to ascertain 
compliance with such rules, regulations, and orders.  

(7)  In  the  event of  the  contractor's noncompliance with the  nondiscrimination  clauses  of this 
contract or with any of the said rules, regulations, or orders, this contract may be canceled, 
terminated, or suspended in whole or in part and the contractor may be declared ineligible 
for further Government contracts or federally assisted construction contracts in accordance 
with procedures authorized in Executive Order 11246 of September 24, 1965, and such other 
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of 
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise 
provided by law.  

(8)  The contractor will include the portion of the sentence immediately preceding paragraph (1) 
and  the  provisions  of  paragraphs  (1)  through  (9)  in  every  subcontract  or  purchase  order 
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to 
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be 
binding upon each subcontractor or vendor. The contractor will take such action with respect 
to any subcontract or purchase order as the administering agency may direct as a means of 

27 

 
 
enforcing such provisions, including sanctions for noncompliance: Provided, however, that in 
the  event  a  contractor  becomes  involved  in,  or  is  threatened  with,  litigation  with  a 
subcontractor  or  vendor  as  a  result  of  such  direction  by  the  administering  agency,  the 
contractor may request the Town to enter into such litigation to protect the interests of the 
Town.  The  applicant  further  agrees  that  it  will  be  bound  by  the  above  equal  opportunity 
clause with respect to its own employment practices when it participates in federally assisted 
construction  work:  Provided,  That  if  the  applicant  so  participating  is  a  Town  or  local 
government,  the  above  equal  opportunity  clause  is  not  applicable  to  any  agency, 
instrumentality or subdivision of such government which does not participate in work on or 
under the contract. The applicant agrees that it will assist and cooperate actively with the 
administering agency and the Secretary of Labor in obtaining the compliance of contractors 
and subcontractors with the equal opportunity clause and the rules, regulations, and relevant 
orders  of  the  Secretary  of  Labor,  that  it  will  furnish  the  administering  agency  and  the 
Secretary  of  Labor  such  information  as  they  may  require  for  the  supervision  of  such 
compliance, and that it will otherwise assist the administering agency in the discharge of the 
agency's primary responsibility for securing compliance. The applicant further agrees that it 
will  refrain  from  entering  into  any  contract  or  contract  modification  subject  to  Executive 
Order  11246  of  September  24,  1965,  with  a  contractor  debarred  from,  or  who  has  not 
demonstrated  eligibility  for,  Government  contracts  and  federally  assisted  construction 
contracts pursuant to the Executive Order and will carry out such sanctions and penalties for 
violation  of  the  equal  opportunity  clause  as  may  be  imposed  upon  contractors  and 
subcontractors  by  the  administering  agency  or  the  Secretary  of  Labor  pursuant  to  Part  II, 
Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to 
comply  with  these  undertakings,  the  administering  agency  may  take  any  or  all  of  the 
following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, 
insurance, guarantee); refrain from extending any further assistance to the applicant under 
the program with respect to which the failure or refund occurred until satisfactory assurance 
of  future  compliance  has  been  received  from  such  applicant;  and  refer  the  case  to  the 
Department of Justice for appropriate legal proceeding.  

Age  
In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 
and  29  USC  623  through  634  and  the  implementing  U.S.  Equal  Employment  Opportunity 
Commission (U.S. EEOC) regulations, the Contractor agrees to refrain from discrimination against 
present  and  prospective  employees  for  reason  of  age.  In  addition,  the  Contractor  agrees  to 
comply with any implementing requirements the Federal awarding agency may issue.  

Sex  
The  Contractor agrees to  comply  with  all  applicable  requirements  of  Title  IX  of the  Education 
Amendments  of  1972,  as  amended,  20  USC  1681  et  seq.,  and  with  implementing  U.S.  DOT 
regulations, “Nondiscrimination on the Basis of Sex in Educations Programs or Activities Receiving 
Federal Financial Assistance,” 49 CFR Part 25, that prohibit discrimination on the basis of sex.  

28 

 
 
 
 
 
 
Disabilities  
In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, 
the  Contractor  agrees  that  it  will  comply  with  the  requirements  of  U.S.  Equal  Employment 
Opportunity  Commission,  "Regulations  to  Implement the  Equal  Employment  Provisions  of  the 
Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with 
disabilities.  

Access to Services for Persons with Limited English Proficiency  
The Contractor agrees to comply with “Improving Access to Services for Persons with Limited 
English  Proficiency,”;  42  USC  2000d-1  note,  and  U.S.  DOT  Notice,  ”DOT  Policy  Guidance 
Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons”; 70 Fed. Reg. 
74087,  December  14,  2005,  except  to  the  extent  that  the  Federal  Government  determines 
otherwise in writing.  

Drug or Alcohol Abuse Confidentiality and Other Civil Rights Protections  
To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil 
rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 USC 1101 
et  seq.,  with  the  Comprehensive  Alcohol  Abuse  and  Alcoholism  Prevention,  Treatment  and 
Rehabilitation Act of 1970, as amended, 42 USC 4541 et seq., and with the Public Health Service 
Act of 1912, as amended, 42 USC 290dd through 290dd-2, and any amendments thereto.  

Other Nondiscrimination Laws  
The Contractor agrees to comply with applicable provisions of other Federal and/or State laws 
and regulations, and follow applicable directives prohibiting discrimination, except to the extent 
that the Federal and/or State Government determines otherwise in writing.  

Inclusion in Subcontracts  
The  Contractor  also  agrees  to  include  the  requirements  of  this  Section  in  each  subcontract 
financed in whole or in part with Federal and/or State assistance, modified only if necessary to 
identify the affected parties.  

COMPLIANCE WITH THE DAVIS-BACON ACT- CONSTRUCTION  
All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 
U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. 
The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 
29 C.F.R. pt. 5 as applicable.  

Contractors  are  required  to  pay  wages  to  laborers  and  mechanics  at  a  rate  not  less  than  the 
prevailing wages specified in a wage determination made by the Secretary of Labor. Contractors 
shall  confirm  the  prevailing  wages  by  locating  the  most  current  Secretary  of  Labor  wage 
determinations on Sam.gov.  

Additionally, contractors are required to pay wages not less than once a week.  

29 

 
 
 
 
 
 
 
 
 
The  Contractor  also  agrees  to  include  the  requirements  of  this  Section  in  each  subcontract 
financed in whole or in part with Federal and/or State assistance, modified only if necessary to 
identify the affected parties.   

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968  
“The  Contractor  shall  comply  with  the  provisions  of  Section  3  of  the  Housing  and  Urban 
Development Act of 1968, as amended, 12 USC 1701u, and implementing its regulations at 24 
CFR Part 75, as expressed below:  

29.1 The work to be performed under this contract is subject to the requirements of Section 3 of 
the Housing and Urban Development Act of 1968, as amended by the Housing and Community 
Development Act of 1992 (Section 3). The purpose of Section 3 is to ensure that employment and 
other economic opportunities generated by HUD assistance or HUD-assisted projects covered by 
Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, 
particularly persons who are recipients of HUD assistance for housing.  

29.2 The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75, which 
implement Section 3. As evidenced by their execution of this contract, the parties to this contract 
certify that they are under no contractual or other impediment that would prevent them from 
complying with the part 75 regulations.  

29.3 The contractor agrees to send to each labor organization or representative of workers with 
which  the  contractor  has  a  collective  bargaining  agreement  or  other  understanding,  if  any,  a 
notice  advising  the 
labor  organization  or  workers'  representative  of  the  contractor's 
commitments under this Section 3 clause, and will post copies of the notice in conspicuous places 
at the work site where both employees and applicants for training and employment positions can 
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number 
and  job  titles  subject  to  hire,  availability  of  apprenticeship  and  training  positions,  the 
qualifications for each; and the name and location of the person(s) taking applications for each 
of the positions; and the anticipated date the work shall begin.  

29.4  The  contractor  agrees  to  include  this  Section  3  clause  in  every  subcontract  subject  to 
compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided 
in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the 
subcontractor  is  in  violation  of  the  regulations  in  24  CFR  Part  75.  The  contractor  will  not 
subcontract  with  any  subcontractor  where  the  contractor  has  notice  or  knowledge  that  the 
subcontractor has been found in violation of the regulations in 24 CFR Part 75.  

29.5 The contractor will certify that any vacant employment positions, including training positions 
that are filled (1) after the contractor is selected by before the contract is executed, and (2) with 
persons  other  than  those  to  whom  the  regulations  of  24  CFR  part  75  require  employment 
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 
CFR part 75.  

30 

 
 
 
 
 
 
 
 
 
29.6 Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination 
of this contract for default, and debarment or suspension from future HUD assisted contracts.  

29.7  With  respect  to  work  performed  in  connection  with  Section  3  covered  Indian  housing 
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450e) also applies to the work to be performed under this contract. Section 7(b) requires that to 
the  greatest  extent feasible  (i)  preference  in  the award  of  contracts  and subcontracts  shall  be 
given  to  Indian  organizations  and  Indian-owned  Economic  Enterprises.  Parties  to  this  contract 
that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to 
the maximum extent feasible, but not in derogation of compliance with Section 7(b).”  

COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT  
a.  Contractor.  The  contractor  shall  comply  with  18  U.S.C.  §  874,  40  U.S.C.  §  3145,  and  the 
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into 
this contract.  

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above 
and such other clauses as instructions require, and also a clause requiring the subcontractors to 
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible 
for the compliance by any subcontractor or lower tier subcontractor with all of these contract 
clauses.  

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, 
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.  

COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT  
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)(1)  of  this  section  the  contractor  and  any  subcontractor 
responsible therefore 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)(1)  of  this  section,  in  the  sum  of  $26  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)(1) of this section.  

31 

 
 
 
 
 
 
 
 
3)  Withholding for unpaid wages and liquidated damages. The Town of Cicero (grant recipient) 
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 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)  Subcontracts. The contractor or subcontractor shall insert in any subcontracts 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 prime contractor 
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the 
clauses set forth in paragraphs (b)(1) through (4) of this section.  

5)  “Each  contract  in  an  amount  greater  than  $100,000  that  is  entered  into  under  legislation 
subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and 
is  for  construction,  alteration,  and  repair,  including  painting  and  decorating,  must  provide 
that no contractor or subcontractor contracting for any part of the contract work shall require 
any laborer or mechanic employed in the performance of the contract to work in surroundings 
or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, 
as  established  under  construction  safety  and  health  standards  the  Secretary  of  Labor 
prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that 
the proceedings include a hearing similar in nature to that authorized by section 553 of title 
5.”  

CLEAN AIR ACT  
The  contractor  agrees  to  comply  with  all  applicable  standards,  orders  or  regulations  issued 
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to 
report each violation to the Town of Cicero and understands and agrees that the Town of Cicero 
will, in turn, report each violation as required to assure notification to the appropriate Federal 
Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor 
agrees to include these requirements in each subcontract exceeding $150,000 financed in whole 
or in part with Federal assistance.  

FEDERAL WATER POLLUTION CONTROL ACT  
The  contractor  agrees  to  comply  with  all  applicable  standards,  orders,  or  regulations  issued 
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The 
contractor agrees to report each violation to the Town of Cicero and understands and agrees that 
the Town of Cicero will, in turn, report each violation as required to assure notification to the 
appropriate  Federal  Agency,  and  the  appropriate  Environmental  Protection  Agency  Regional 

32 

 
 
 
 
 
 
 
 
Office.  3.  The  contractor  agrees  to  include  these  requirements  in  each  subcontract  exceeding 
$150,000 financed in whole or in part with Federal assistance.  

ENERGY CONSERVATION  
The Contractor agrees to comply with the mandatory standards and policies relating to energy 
efficiency which are contained in the state energy conservation plan issued in compliance with 
the Energy Policy and Conservation Act, 42 U.S.C. § 6321, et seq. This requirement extends to all 
third-party contractors and their contracts at every tier and this clause shall be included in all 
such subcontracts. 

DEBARMENT AND SUSPENSION  
(1)  This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. 
As such, the contractor is required to verify that none of the contractor’s principals (defined 
at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 
2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).  

(2)  The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, 
and must include a requirement to comply with these regulations in any lower tier covered 
transaction it enters into  

(3)  This certification is a material representation of fact relied upon by the Town of Cicero. If it 
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 
C.F.R. pt. 3000, subpart C, in addition to remedies available to the Town of Cicero, the Federal 
Government may pursue available remedies, including but not limited to suspension and/or 
debarment  

(4)  The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart 
C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any 
contract that may arise from this offer. The bidder or proposer further agrees to include a 
provision requiring such compliance in its lower tier covered transactions.  

This requirement extends to all third-party contractors and their contracts; this clause shall be 
included in all subcontracts of any tier executed in furtherance of this contract.  

The requisite Debarment and Suspension Certification is included as ATTACHMENT A and must 
be executed for contracts of $25,000 or more and prior to the award of the contract.  

BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352  
Contractors  who  apply  or  bid  for  an  award  of  $100,000  or  more  shall  file  the  required 
certification.  Each  tier  certifies  to  the  tier  above  that  it  will  not  and  has  not  used  Federal 
appropriated funds to pay any person or organization for influencing or attempting to influence 
an officer or employee of any agency, a Member of Congress, officer or employee of Congress, 
or  an  employee  of  a  Member  of  Congress  in  connection  with  obtaining  any  Federal  contract, 
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying 
with non-Federal funds that takes place in connection with obtaining any Federal award. Such 
disclosures  are  forwarded  from  tier  to  tier  up  to  the  recipient  who  in  turn  will  forward  the 
certification(s) to the awarding agency.  

33 

 
 
 
  
 
 
 
The  Contractor  further  agrees  to  secure  like  undertakings  from  all  subcontractor  tiers  whose 
subcontracts are expected to be of a value of one hundred thousand dollars ($100,000.00) or 
more.  

The requisite “Lobbying Certification” is included as ATTACHMENT B and must be executed for 
contracts of $100,000 or more and prior to the award of the contract. 

PROCUREMENT OF RECOVERED MATERIALS  
(i)  In  the  performance  of  this  contract,  the  Contractor  shall  make  maximum  use  of  products 
containing  recovered  materials  that  are  EPA-designated  items  unless  the  product  cannot  be 
acquired—  

  Competitively  within  a  timeframe  providing  for  compliance  with  the  contract 

performance schedule;  

  Meeting contract performance requirements; or  
  At a reasonable price  

(ii) Information about this requirement, along with the list of EPA designated items, is available 
at EPA’s Comprehensive Procurement Guidelines web site, 
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.  

(iii) The Contractor also agrees to comply with all other applicable requirements of Section 6002 
of the Solid Waste Disposal Act.  

This requirement extends to all third-party contractors and their contracts; this clause shall be 
included in all subcontracts of any tier executed in furtherance of this contract.  

ACCESS TO RECORDS AND RECORD RETENTION  
The  record  keeping  and  access  requirements  extend  to  all  third-party  contractors  and  their 
contracts at every tier. Under 49 USC 5325(g) and 2 CFR 200.336, applicable Federal and/or State 
Agency  has  the  right  to  examine  and  inspect  all  records,  documents,  and  papers,  including 
contracts, related to any project financed with Federal assistance authorized by 49 U.S.C. Chapter 
53.  

1.  Record Retention. The Contractor will retain and will require its subcontractors of all tiers 
to  retain,  complete  and  readily  accessible  records  related  in  whole  or  in  part  to  the 
contract,  including,  but  not  limited  to,  data,  documents,  reports,  statistics,  sub- 
agreements,  leases,  subcontracts,  arrangements,  other  third  party  agreements  of  any 
type, and supporting materials related to those records.  

2.  Retention  Period.  The  Contractor  agrees  to  comply  with  the  record  retention 
requirements in accordance with 2 CFR § 200.333. The Contractor shall maintain all books, 
records, accounts and reports required under this Contract for a period of at not less than 
three (3) years after the date of termination or expiration of this Contract, except in the 

34 

 
 
 
 
  
 
 
 
 
 
 
event of litigation or settlement of claims arising from the performance of this Contract, 
in  which  case  records  shall  be  maintained  until  the  disposition  of  all  such  litigation, 
appeals, claims or exceptions related thereto.  

3.  Access to Records.  

a.  The  Contractor  agrees  to  provide  sufficient  access  to  applicable  Federal and/or 
State  Agency  and  its  contractors  to  inspect  and  audit  records  and  information 
related to performance of this contract as reasonably may be required.  

b.  The Contractor agrees to permit, and require its subcontractors to permit, the U.S. 
Secretary  of  Transportation,  and  the  Comptroller  General  of  the  United  States, 
and,  to  the  extent  appropriate,  the  State,  or  their  authorized  representatives, 
upon their request to inspect all Project work, materials, payrolls, invoices, and 
other data, and to audit the books, records, and accounts of the Contractor and 
its subcontractors pertaining to the Project, as required by 49 USC 5325(g) and 2 
CFR 200.336.  

c.  Contractor  also  agrees,  pursuant  to  49  CFR  633.17  to  provide  the  applicable 
Federal  Agency  Secretary,  Director,  or  Administrator  or  their  authorized 
representatives including any PMO Contractor access to Contractor’s records and 
construction  sites  pertaining  to  a  major  capital  project,  defined  at  49  USC 
5302(a)1,  which  is  receiving  federal  financial  assistance  through  the  programs 
described at 49 USC 5303, 5307, 5309, 5339, 5310, 5311, 5316, or5317.  

d.  The Contractor agrees to permit any of the foregoing parties to reproduce by any 
means whatsoever or to copy excerpts and transcriptions as reasonably needed.  

4.  Access to the Sites of Performance. The Contractor agrees to permit applicable Federal 
and/or State Agency and its contractor’s access to the sites of performance under this 
contract as reasonably may be required.  

In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the Town of Cicero 
and  the  Contractor  acknowledge  and  agree  that  no  language  in  this  contract  is  intended  to 
prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the 
United States.  

FEDERAL OR STATE SEAL, LOGO, AND FLAGS  
The contractor shall not use any Federal or State Agency seal(s), logos, crests, or reproductions 
of flags or likenesses of Federal or State agency officials without specific agency pre-approval.  

35 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS  
This is an acknowledgement that federal financial assistance may be used to fund all or a portion 
of the contract. The contractor will comply with all applicable Federal and State law, regulations, 
executive orders, federal or state agency policies, procedures, and directives.  

NO OBLIGATION BY FEDERAL OR STATE GOVERNMENT  
Neither the Federal nor the State Government is a party to this contract and is not subject to any 
obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to 
any matter resulting from the contract.  

The Contractor agrees to include the above clause in each subcontract financed in whole or in 
part with Federal assistance. It is further agreed that the clause shall not be modified, except to 
identify the subcontractor who will be subject to its provisions.  

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS  
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims 
and Statements) applies to the Contractor’s actions pertaining to this contract.  

DOMESTIC PREFERENCE FOR PROCUREMENTS  
As  appropriate  and  to  the  extent  consistent  with  law,  the  Contractor  should,  to  the  greatest 
extent practicable under a Federal award, provide a preference for the purchase, acquisition, or 
use of goods, products, or materials produced in the United States (including, but not limited to 
iron, aluminum, steel, cement, and other manufactured products).” – For purposes of this clause, 
(i) “produced in the United States” means, for iron and steel products, that all manufacturing 
processes,  from  the  initial  melting  stage  through  the  application  of  coatings,  occurred  in  the 
United  States,  and  (ii)  “manufactured  products”  means  items  and  construction  materials 
composed in whole or in part of non‐ferrous materials such as aluminum; plastics and polymer‐
based  products  such  as  polyvinyl  chloride  pipe;  aggregates  such  as  concrete;  glass,  including 
optical fiber; and lumber.  

CONFLICT OF INTEREST  
No  employee,  officer,  board  member,  or  agent  of  the  Town  of  Cicero  or  the  Contractor  shall 
participate in the selection, award, or administration of a contract supported by federal and/or 
state funds if a conflict of interest, real or apparent, would be involved. Such a conflict would 
arise when the employee, officer, board member, or agent, any member of his or her immediate 
family, his or her partner, or an organization that employees or is about to employ any of the 
above, has a financial or other interest in the firm selected for the award.  

DISADVANTAGED BUSINESS ENTERPRISES (DBE)  
The  Town  of  Cicero  promotes  policies  which  assure  and  encourage  the  full  participation  of 
Disadvantaged Business Enterprises (DBE) in the provision of goods and services. Disadvantaged 
Business Enterprises, as defined in 2 CFR § 200.321, shall have equal opportunity to compete for 
and  perform  subcontracts  which  the  contractor  enters  into  pursuant  to  this  contract.  The 
Contractor  agrees  to  solicit  small  and  minority  business  and  women’s  business  enterprises 

36 

 
 
 
 
 
 
 
 
whenever  they  are  potential  sources.  When  economically  feasible,  the  Contractor  agrees  to 
divide total requirements into smaller tasks or quantities to permit maximum participation by 
small  and  minority  businesses  and  women’s  business  enterprises.  Where  the  requirement 
permits, the Contractor agrees to establish delivery schedules which encourage participation by 
small and minority businesses and women’s business enterprises. As appropriate, the Contractor 
agrees  to  use  the  services  and  assistance  of  such  organizations  as  the  Small  Business 
Administration and the Minority Business Development Agency of the Department of Commerce.  
This requirement extends to all third-party contractors and their contracts; this clause shall be 
included in all subcontracts of any tier executed in furtherance of this contract.  

PROHIBITION  ON  CONTRACTING  FOR  COVERED  TELECOMMUNICATIONS  EQUIPMENT  OR 
SERVICES  
(a)  Definitions.  As  used  in  this  clause,  the  terms  backhaul;  covered  foreign  country;  covered 
telecommunications equipment or services; interconnection arrangements; roaming; substantial 
or essential component; and telecommunications equipment or services have the meaning as 
defined  in  2  CFR  200.216  (b)  and  (c),  Public  Law  115-232,  and  FEMA  Policy  #405-143-1, 
“Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or 
Services”.  

(b) Prohibitions.  

(1)  Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency 
on  or  after  Aug.13,  2020,  from  obligating  or  expending  grant,  cooperative  agreement, 
loan, or loan guarantee funds on certain telecommunications products or from certain 
entities for national security reasons.  

(2)  Unless  an  exception  in  paragraph  (c)  of  this  clause  applies,  the  contractor  and  its 
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds 
from a federal agency to: (i) Procure or obtain any equipment, system, or service that uses 
covered  telecommunications  equipment  or  services  as  a  substantial  or  essential 
component of any system, or as critical technology of any system; (ii) Enter into, extend, 
or  renew  a  contract to procure or  obtain  any equipment,  system,  or  service  that uses 
covered  telecommunications  equipment  or  services  as  a  substantial  or  essential 
component of any system, or as critical technology of any system;  (iii) Enter into, extend, 
or  renew  contracts  with  entities  that  use  covered  telecommunications  equipment  or 
services as a substantial or essential component of any system, or as critical technology 
as  part  of  any  system;  or  (iv)  Provide,  as  part  of  its  performance  of  this  contract, 
subcontract, or other contractual instrument, any equipment, system, or service that uses 
covered  telecommunications  equipment  or  services  as  a  substantial  or  essential 
component of any system, or as critical technology as part of any system.  

(c) Exceptions.  

(1) This clause does not prohibit contractors from providing—  

A. 

A service that connects to the facilities of a third-party, such as backhaul, roaming, or 
interconnection arrangements; or  

37 

 
 
 
 
 
 
B. 

Telecommunications  equipment  that  cannot  route  or  redirect  user  data  traffic  or 
permit  visibility  into  any  user  data  or  packets  that  such  equipment  transmits  or 
otherwise handles.  

(2) By necessary implication and regulation, the prohibitions also do not apply to:  

a.  Covered telecommunications equipment or services that:  

1.  Are not used as a substantial or essential component of any system; and  
2.  Are not used as critical technology of any system.  

b.  Other  telecommunications  equipment  or  services  that  are  not  considered  covered 

telecommunications equipment or services.  

(d) Reporting requirement.  

(1)  In the event the contractor identifies covered telecommunications equipment or services 
used as a substantial or essential component of any system, or as critical technology as 
part of any system, during contract performance, or the contractor is notified of such by 
a  subcontractor  at  any  tier  or  by  any  other  source,  the  contractor  shall  report  the 
information  in  paragraph  (d)(2)  of  this  clause  to  the  recipient  or  subrecipient,  unless 
elsewhere in this contract are established procedures for reporting the information.  
(2)  The Contractor shall report the following information pursuant to paragraph (d)(1) of this 

clause:  

a.  Within one business day from the date of such identification or notification: The 
contract  number;  the  order  number(s),  if  applicable;  supplier  name;  supplier 
unique entity identifier (if known); supplier Commercial and Government Entity 
(CAGE) code (if known); brand; model number (original equipment manufacturer 
number,  manufacturer  part  number,  or  wholesaler  number);  item  description; 
and  any  readily  available  information  about  mitigation  actions  undertaken  or 
recommended.  

b.  Within 10 business days of submitting the information in paragraph (d)(2)(i) of this 
clause: Any further available information about mitigation actions undertaken or 
recommended. In addition, the contractor shall describe the efforts it undertook 
to  prevent  use  or  submission  of  covered  telecommunications  equipment  or 
services, and any additional efforts that will be incorporated to prevent future use 
or submission of covered telecommunications equipment or services.  

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 
(e), in all subcontracts and other contractual instruments.  

HUAWEI/ZTB Ban  
CFR  200.216  Prohibition  on  certain  telecommunications  and  video  surveillance  services  or 
equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or 
grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) 
Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, 
or  systems  that  uses  covered  telecommunications  equipment  or  services  as  a  substantial  or 
essential component of any system, or as critical technology as part of any system. As described 
is 
in  Public  Law  115–232, 

telecommunications  equipment 

section  889,  covered 

38 

 
 
 
 
 
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation 
(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of 
government facilities, physical security surveillance of critical infrastructure, and other national 
security purposes, video surveillance and telecommunications equipment produced by Hytera 
Communications  Corporation,  Hangzhou  Hikvision  Digital  Technology  Company,  or  Dahua 
Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or 
video  surveillance  services  provided  by  such  entities  or  using  such  equipment.  (iii) 
Telecommunications  or  video  surveillance  equipment  or  services  produced  or  provided  by  an 
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence 
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned 
or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In 
implementing the prohibition under Public Law 115–232, section 889, subsection (f), paragraph 
(1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize 
available  funding  and  technical  support  to  assist  affected  businesses,  institutions  and 
organizations as is reasonably necessary for those affected entities to  transition from covered 
communications equipment and services, to procure replacement equipment and services, and 
to ensure that communications service to users and customers is sustained. (c) See Public Law 
115–232 and § 200.471.  

39 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT A  

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION 
LOWER TIER COVERED TRANSACTION 

(To be submitted with all bids exceeding $25,000.) 

(1)  The  prospective  lower  tier  participant  (Bidder/Contractor)  certifies,  by  submission  of  this  bid  or 
proposal, that  neither  it  nor  its  principals  is  presently  debarred, suspended,  proposed  for  debarment, 
declared  ineligible,  or  voluntarily  excluded  from  participation  in  this  transaction  by  any  Federal 
department or agency.  

(2)  The  prospective  Bidder/Contractor  also  certifies  by  submission  of  this  bid  or  proposal  that  all 
subcontractors  and  suppliers  (this  requirement  flows  down  to  all  subcontracts  at  all  levels)  are  not 
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from 
participation in this transaction by any Federal department or agency.  

(3) Where  the  prospective  lower  tier  participant  (Bidder/Contractor)  is  unable to certify to  any  of  the 
statements  in  this  certification,  such  prospective  participant  shall  attach  an  explanation  to  this  bid  or 
proposal.  

The lower tier participant (Bidder/Contractor), ________________________________________, certifies 
or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.  

DATE _______________________________ 

SIGNATURE __________________________ 

COMPANY ___________________________ 

NAME ______________________________ 

TITLE _______________________________ 

State of __________________________ 

County of_________________________  

Subscribed and sworn to before me this _______day of__________________ , 20______. 

Notary Public  ________________________ 

My Appointment Expires __________________   [SEAL]  

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT B  

CERTIFICATION REGARDING LOBBYING 
(To be submitted with all offers exceeding $100,000; must be executed prior to Award) 

The undersigned certifies, to the best of his or her knowledge and belief, that:  

1.  No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any 
persons  for  influencing  or  attempting  to  influence  an  officer  or  employee  of  any  agency, a  Member of 
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 
the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the 
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or 
modification of any Federal contract, grant, loan, or cooperative agreement.  
If  any  funds  other  than  Federal  appropriated  funds  have  been  paid  or  will  be  paid  to  any  person  for 
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal 
contract,  grant  loan,  or  cooperative  agreement,  the  undersigned  shall  complete  and  submit  Standard 
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.  

2. 

3.  The undersigned shall require that the language of this certification be included in the award documents 
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and 
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.  

This certification is a material representation of fact upon which reliance is placed when this transaction was 
made  or  entered  into.  Submission  of  this  certification  is  a  prerequisite  for  making  or  entering  into  these 
transactions imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject 
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.  

The Contractor, ___________________________________________, certifies or affirms the truthfulness and 
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands 
and agrees that the provisions of 31 U.S.C. § 1352, et seq., apply to this certification and disclosure, if any.  

_______________________________________________ 
Signature of Contractor’s Authorized Official  

Date ___________________________________________ 

_______________________________________________ 
Printed Name and Title of Contractor’s Authorized Official  

State of _____________________________ 

County of____________________________ 

Subscribed and sworn to before me this __________day of _________________________, 20____. 

My Appointment Expires ____________________________ 

[SEAL] 

41 

Notary Public ____________________________ 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT C 

CERTIFICATION FORM 

This Certification is made as of the ___  day of ____________, 202__  by ______________ (the 
“Undersigned”),  being  the  _______________(sole  owner,  partner,  president,  secretary  etc.)  of 
________________  (the  “Respondent”),  in  connection  with  its  response  (“Proposal”)  to  the  Town  of 
Cicero  (the  “Town”)  pursuant  to  the  Request  for  Proposals  issued  by  the  Town  for  The  Town’s 
____________________Project.  The  Undersigned  states  that  he  or  she  has  been  authorized  by  the 
Respondent to make this Certification, and that the Respondent acknowledges that the Town will rely on 
this Certification.  

The Undersigned hereby certifies and declares as follows:  

The Undersigned has carefully read and acknowledges each and every part of the Proposal.  

The Undersigned further certifies and declares that to the best of his or her knowledge and belief, all 
statements contained in the Proposal, any attachments to the Proposal and any accompanying forms 
are true and accurate, are not  otherwise misleading and do not fail to include any information that 
would  be  relevant  to  a  fair  determination  by  the  Town  of  the  Respondent’s  potential  conflicts  of 
interest in the provision of the desired services; and that all of said forms and the Proposal have been 
duly signed by authorized representatives of the Respondent.  

Signature of Contractor’s Authorized Official  

Date ___________________________________________ 

_______________________________________________ 
Printed Name and Title of Contractor’s Authorized Official  

State of _____________________________ 

County of____________________________ 

Subscribed and sworn to before me this __________day of _________________________, 20____. 

My Appointment Expires ____________________________ 

 [SEAL] 

Notary Public ____________________________ 

42 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT D  

STATE OF ILLINOIS 

COUNTY OF COOK  

)  
) ss  
)  

NON-COLLUSION AFFIDAVIT 

_______________________________(the “Undersigned”) being first duly sworn, deposes and says that  

they are ________________________ (sole owner, partner, president, secretary, etc.)  

of______________________________(the  “Respondent”),  the  party  making  the  foregoing  Proposal;  that  such 
Proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, 
organization or corporation; that such Proposal is genuine and not collusive or sham; that said Respondent has not 
directly or indirectly induced or solicited any other respondent to put in a false or sham Proposal, and has not directly 
or indirectly colluded, conspired, connived, or agreed with any other respondent or anyone else to put in a sham 
Proposal,  or  that  anyone  shall  refrain  from  submitting  a  Proposal;  that  said  Respondent  has  not  in  any  manner, 
directly or indirectly, sought by agreement, communication or conference with anyone to fix the price(s) of said 
Proposal or of any other respondent, or to fix any overhead, profit or cost element of such price, or of that of any 
other respondent, or to secure any advantage against the public body awarding the contract or anyone interested 
in the proposed contract; that all statements contained in such Proposal are true; and, further, that said has not, 
directly or indirectly, submitted their submitted price or any breakdown thereof, or the contents thereof or divulged 
information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, 
partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other 
individual except to such person or persons as have a partnership or other financial interest with said Respondent 
in their general business.  

Respondent further swears that Respondent has not colluded with any elected or appointed official or employee of 
the Town of  Cicero in the submission of the foregoing Proposal and that no elected or appointed official  or any 
employee  of  the  Town  of  Cicero  has  any  direct  or  indirect  disclosed  or  undisclosed  pecuniary  interest  in  the 
Respondent or Respondent’s general business.  

Signature of Contractor’s Authorized Official  

Date ___________________________________________ 

_______________________________________________ 
Printed Name and Title of Contractor’s Authorized Official  

State of _____________________________ 

County of____________________________ 

Subscribed and sworn to before me this __________day of _________________________, 20____. 

My Appointment Expires ____________________________ 

 [SEAL] 

Notary Public ____________________________ 

43 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT E 

SECTION 2-870 
OF THE CODE OF ORDINANCES OF THE TOWN OF CICERO, ILLINOIS 

Please review Section 2-870 of the Code of Ordinances of The Town of Cicero, Illinois incorporated herein 
by reference and available online via the following link:  

https://library.municode.com/il/cicero/codes/code_of_ordinances. 

44

AI Analysis

Validation: RFQ for Engineering, Design, Construction Administration and Management Consulting Services. CDBG-DR funded. Could involve water/wastewater infrastructure upgrades.

Contract Type

—

Estimated Value

—

Bid Bond

—

Site Visit

—

Local Req

—

License

—

Construction

—

PLC Details

—

HMI/SCADA

—

Comms

—

Subcontractor

—

Pre-selected

—