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HomeMy WebLinkAbout02-163 Resolution No. 02-163 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. FOR THE BIG TIMBER LIGHTING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to an Engineering Service Agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc . for the Big Timber Lighting Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 8, 2002 Adopted: May 8, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS BIG TIMBER LIGHTING PROJECT 2002 ENGINEERING SERVICES AGREEMENT CITY OF ELGIN AMENDMENT NO. 1 ENGINEERING DEPT. THIS AGREEMENT AMENDMENT NO. 1, made and entered into this /c1{day of A't1TM'l f v 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and CRAWFORD, MURPHY & TILLY, INC. (hereinafter referred to as "ENGINEER"), shall modify that Agreement dated April 18, 2001, whereby the ENGINEER was engaged to perform professional services in connection with the preparation of final design plans, specifications and quantities as needed for contract bid and construction of the Big Timber Lighting Project (hereinafter referred to as the PROJECT). WHEREAS, the services did not include construction related services for the PROJECT, AND WHEREAS, the CITY desires the ENGINEER to provide construction related services for the PROJECT, AND WHEREAS, the City desires to include the payments to the ENGINEER under the AGREEMENT in connection with the professional services with the PROJECT. In response to these additional services, certain revisions and additions must be made to the AGREEMENT. In compliance, therefore, the terms and conditions of the AGREEMENT are modified as specifically set out below. All other parts of the AGREEMENT remain unchanged. Section I of the AGREEMENT is hereby amended to include PARAGRAPHS D.: D. An outline of the construction services to be provided by the ENGINEER includes General Construction Administration and Resident Project Representative services for the Big Timber Lighting Project which includes street lighting from II State Route 31 to McLean Boulevard (end intersections not included). A detailed Scope of Construction Services and Cost Summary are attached hereto as Amendment 1 - Attachments A and B. Section IV is hereby amended to include the following provision: E. For services provided in Section ID of this agreement, the Engineer shall be compensated in a total amount not to exceed $7,053.24 regardless of the actual time expended or costs incurred by the Engineer unless substantial modifications to the scope of the Work are authorized by the City Council. G:\Environmental\Marketing\Elgin\Big Timber Lighting 2001\amendment 1A 4-19-02.bdh.doc IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN BY BY City er (SEAL) Dated this /S- y of Pt 7 , A.D., 2002. For the ENGINEER: By L L�%ts Associate&Group Manager G:\Environmental\Marketing\Elgin\Big Timber Lighting 2001\amendment 1A 4-19-02.bdh.doc CITY OF ELGIN, ILLINOIS BIG TIMBER LIGHTING PROJECT ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 Attachment A — Scope of Construction Phase Services Construction phase services provided by CMT will include the items listed in the RFP for this project. These services are further defined as follows. Shop Drawing Review Lou Weller, CMT's project manager, will review shop drawings. He will distribute approved shop drawings to the City, the Contractor, and CMT's on-site observer. Shop drawings will be approved prior to incorporating the material or equipment into the project. A Primavera-type schedule will be prepared by CMT with the Contractor's input. It is anticipated that this project could be completed in two to six weeks so schedule impacts will be minimized. A pre-construction meeting will be conducted by CMT. Minutes will go to all parties for review. It is anticipated that no other job meetings will be necessary until a substantial completion inspection is held. However, should a progress meeting be required, CMT will schedule and conduct this meeting similar to other meetings held for the project. A final inspection will be held to generate a final punch list for the Contractor. CMT will issue an opinion of satisfactory completion for acceptance upon the Contractor's completion of all work items. A resident project representative will be provided by CMT on a part-time basis. The representative will be on site at the beginning of the project and critical points in the construction. The representative will conduct the substantial completion inspection and prepare the final punch list. CMT will provide reports on the progress of the work to the designated City representative. It is anticipated that two pay requests will be required for this project. These will be handled according to City procedures. CMT will prepare record drawings based on the information provided by the Contractor and information collected by the CMT observer. These will be provided in AutoCADD 2000 format. CMT will also provide one set of mylar reproducibles. G:\Environmental\Marketing\Elgin\Big Timber Lighting 2001\amendment 1A 4-19-02.bdh.doc CITY OF ELGIN, ILLINOIS BIG TIMBER LIGHTING PROJECT ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 Attachment B — Construction Services Engineering Cost Summary Description Hours Hrly Direct Multiplier Labor Cost Reimbursable Total Rate Labor Cost Office Engineering 30 $21.73 $651.90 2.95 $1,923.10 $60.00 $1,983.10 Resident Engineer 90 $17.59 $1,583.10 2.95 $4,670.14 $400.00 $5,070.14 Testing (not included) $7,053.24 G:\Environmental\Marketing\Elgin\Big Timber Lighting 2001\amendment 1A 4-19-02.bdh.doc p . `,`y O F f<C' �ti qCity of Elgin Agenda Item No. (J'7/II,,V\' C L April 19, 2002 G r 11 I NF,, '. . - , a ; #3 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Amendment No. 1 to an Agreement with Crawford, Murphy & Tilly (CMT) for the Big Timber Street Lighting Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Amendment No. 1 to an agreement with CMT for construction-related engineering inspection services for the Big Timber Road Lighting Project . BACKGROUND The original agreement with CMT ($19, 408 . 83) for the preparation of final plans, specifications, cost estimates and bidding assistance for the subject project was authorized by City Council on March 28, 2001 . (A project location map is attached as Exhibit A. ) Amendment No. 1 will add construction engineering services to the agreement with CMT for the subject project . A copy of Amendment No. 1 is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT The original agreement with CMT ($19, 409 . 00) was charged to project number 339549, Neighborhood Street Lights . Amendment No. 1 totals $7, 053 .24 and covers construction-related engineering services for the Big Timber Road Lighting Project . Funds for this amendment are budgeted in the Riverboat Fund, account number 275-0000-791 . 93-80, project number 339656, Big Timber Lighting Project . The total budget for this project is $180, 000, with $16, 913 still available. \)070AL IMPACT vV None . 111Amendment No. 1/Agreement with CMT April 19, 2002 Page 2 ALTERNATIVES 1 . Approve Amendment No. 1 to CMT agreement as presented. 2 . Reject Amendment No. 1 to CMT agreement and allow Big Timber Road Lighting Project to be constructed without inspection. RECOMMENDATION It is recommended that the City Council approve Amendment No. 1 with CMT in the amount of $7, 053 .24 and authorize staff to execute the necessary documents . Respectfully submitted, Olu emi olari Interim M ager OS :do Attachments • . , . . • . 1 • -1- . " . .. . . . . . Exhibit A • LOCATION MAP r -,.., __......_ ..... .......... dFt 7 ,.°.-0. r (RES_T_EL •,‘,.G •LCENTURY \00 S1P .0.,... S i f01` CREEK TYLE T R x., NOSORS •;,.. 41111110..1RE,..A D1P.NiE_.rP C,RA T_ O_D.N,TPRRek: _•i a.. ,-, OMMERC,4LN / 4, I CENTER ,/Ni:. 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BACKGROUND This project will install 33 new street lights along Big Timber Road from State Street (Route 31) West to McLean Boulevard. Funds for this project are from the contract installation portion Neighborhood Street Light Programs for 2000 and 2001 . An advertisement was placed in the February 12 and 13 , 2002 Courier News and plans and specs were purchased by 13 vendors . Bids for the project were opened publicly on March 5, 2002 . Nine bidders responded, with bids ranging from the low bid of $162 , 756 . 60 to the high bid of $228, 047 . 98 . The low bid was submitted by Utility Dynamics Corporation of Oswego, IL. A bid tabulation sheet is attached as Exhibit B. Utility Dynamics Corporation has previously worked for the City and provided satisfactory service . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . ) FINANCIAL IMPACT !�--- Moneys were budgeted in the amount of $180, 000 . 00 in the Riverboat 14 Fund, account number 275-0000-791 . 93-80, project number 339656, Big Timber Road Lighting. This construction contract will total $162 , 756 . 60 . Big Timber Road Lighting/Award March 22 , 2002 Page 2 LEGAL IMPACT one . ALTERNATIVES 1 . Award the project to the low bidder. 2 . Reject all bids . RECOMMENDATION It is recommended that the City Council award the subject project to Utility Dynamics Corporation in the amount of $162 , 756 . 60 and direct staff to execute the necessary contracts . Respectfully submitted, w� Olufemi lari Inter ' Ci y nager OS :do Attachments 1 • • C.;:),-....,,... Exhibit A LOCATION MAP _-•--- •••• • •--• ,. 0,9•44,..‘ FOREST 34W-13N ',/- j:RANPcLH RD TPR '‘,,,&PRESERVE -I L ft r 1 I 1 SI: 74 18 ° TODD -I .4.0s0N. INDSOR'S , ,,,.01 1 1 OMMERC„, ..\\C., MEADOW L__'1111. 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' 7.1). _ *GFILiNP ii D . _ . • q- - ..-- X--" \ IN.w.: ' \ \''‘ P -" - . • 4 r 4. . ._ . „ /151 PM Q 6 r o t1 Tip() . ped Exhibit B TABULATION OF BIDS - BIG TIMBER ROAD LIGHTING PROJECT Bidder Information Base Bid as read Actual Base Bid Utility Dynamics Corporation $162,756.60 $162,756.60 23 Bommerce Drive Oswego,IL 60543-0635 Aldridge Electric Inc. $163,908.00 $163,908.00 28572 N.Bradley Road Libertyville,IL 60048-9504 Virgil Cook&Son Inc. • $164,341.35 $164,341.35 119 North Eight Street DeKalb,IL 60115 Elmund&Nelson $166,360.10 $165,776.10 1510 Sheldon Drive Elgin,IL 60120 Thorne Electric $172,051.10 $172,051.10 P.O.Box 321 Wheaton,IL 60189-0321 J.F.Edwards Construction Co. S181,772.50 $181,772.50 220 South Chicago Street Geneseo,IL 61254 Gaffney's PMI $185,492.45 $185,492.45 P.O.Box 1161 St.Charles,IL 60174 Parr Electric $202,290.00 $202,300.40 425 Renner Drive Elgin,IL 60123 Nickolson Construction Inc. $228,047.98 $228,047.98 570 Stevenson Road South Elgin,60 1 77-1 1 87 MARCH 27, 2002 VOLUME LXVII performance by the vendor. Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski, Yearman and Mayor Schock. Nays : None . BID 02-007 AWARDED FOR 2002 CONTRACTUAL PARKS GROUNDS MAINTENANCE Councilmember Munson made a motion, seconded by Councilmember Figueroa, to award contracts to Alasher Landscaping, Inc . in the amount of $49, 650 and to Proficiency Landscaping, Inc . in the amount of $17, 085 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski, Yearman and Mayor Schock. Nays : None . BID 02-008 AWARDED FOR PARKS MAINTENANCE CONTRACTUAL FERTILIZER, WEED AND CRABGRASS CONTROL Councilmember Yearman made a motion, seconded by Councilmember Munson, to approve a contract with Trugreen Chemlawn in the amount of $36, 500 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski, Yearman and Mayor Schock. Nays : None . BID 02-023 AWARDED FOR BIG TIMBER ROAD LIGHTING PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Yearman, to award a contract to Utility Dynamics Corporation in the amount of $162 , 756 . 60 . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski, Yearman and Mayor Schock. Nays : None . BID 02-030 AWARDED FOR VARIOUS VEHICLES FOR CITY DEPARTMENTS Councilmember Wasilowski made a motion, seconded by Councilmember Munson, to award contracts to the low responsive bidders, Hoskins Chevrolet, totaling $95, 535 for five various vehicles and to Springhill Ford, totaling $100, 119 for the purchase of three various vehicles . Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski, Yearman and Mayor Schock. Nays : None . BID 02-031 AWARDED FOR PORTLAND CEMENT CONCRETE Councilmember Yearman made a motion, seconded by Councilmember Figueroa, to award a contract to Meyer Material for the period of April 1, 2002 through November 30, 2002 , for an estimated value of $20, 250 , and a contract to Ozinga Northwest for $84 per cubic yard to be used as needed. Upon a roll call vote : Yeas : Councilmembers Figueroa, Munson, Wasilowski , Yearman and Mayor Schock. Nays : None . 199 B i lj i 1M Brie- 1-14*77Nl) $4• 071` - I THE FULL NVM )'N_ eba, FILE IN THE '', CLE� s OFFICE vs.6 C /T% cLERk Elwin i THE Y , WATCS Ni%....." i - BIG TIMBER ROAD t = LIGHTING PROJECT L CITY OF ELGIN ELGIN, ILLINOIS SPECIFICATIONS AND CONTRACT DOCUMENTS LJANUARY, 2002 pk..E: MAs/ Z {`{A{{l{ ftINg1 ill SUBMITTED BY: o•`ds\ J��j P. W '� 1 062454095 • p • (. CMT °� 74)CRAWFORD,MURPHY&TILLY,INC CONSULTING ENGINEERS 41 13:7S ( . 2750 WEST WASHINGTON STREET SPRINGFIELD,ILLINOIS 62702-3497 ` Phone:(217)787-8050 /Y Fax:(217)787-4183 �,/5O/ZQdj r ,6i'i s. Li ACCEPTED BY: & N "Ar....4e---- Omar Santos, M.A Project Manager DATE: O2/O`f�0� 2 CMT Proj No.: 01265-01 i . Fa-20-2002 WED 04:24 PM CITY OF ELGIN FAX NO. 1 847 931 6075 P. 01/01 1 : f' ADDENDUM #1 i TO: ALL PROSPECTIVE BIDDERS [1. FROM: CITY OF ELGIN 150 DEXTER COURT ELGIN, IL 60120-5655 SUBJECT: ADDENDUM #1 TO THE BIDDING DOCUMENTS FOR BIG TIMBER ROAD LIGHTING PROJECT DATED JANUARY,2002 1 : BID OPENING DATE: MARCH 5, 2002 ADDENDUM DATE: February 20,2002 This addendum forms a part of the bidding and contract documents and modifies the original bidding documents dated January 2002. This addendum must be signed on the space provided and included with the submitted Bid Package. FAILURE TO DO SO MAY SUBJECT THE e BIDDER TO DISQUALIFICATION. ' SPECIFICATIONS AND CONTRACT DOCUMENTS i: 1. SPECIAL PROVISIONS. PAGE SP-9 (3)POLE SHAFT after PARAGRAPH 4: . ADD: The pole shaft shall have a minimum wall thickness of 0.250 inches, while the davit section shall have a minimum wall thickness of 0.188 1 i PLANS inches. 1. ELECTRICAL DETAILS 2 SHEET 10, "LIGHT POLE/FIXTURE ELEVATION"DETAIL �z DELETE: TAPPERED SPUN ALUMINUM STREET LIGHT POLE WITH DAVIT STYLE ARM MODEL NO. 920-Y267 AS MANUFACTURED BY UNION METAL CORP. OR EQUAL. FINISH SHALL BE UNPAINTED SPUN ALUMINUM. R ADD: TAPPERED SPUN ALUMINUM STREET LIGHT POLE WITH DAVIT -,` STYLE ARM MODEL NO.920-Y408 AS MANUFACTURED BY UNION METAL CORP. OR EQUAL. FINISH SHALL BE UNPAINTED SPUN t' ALUMINUM. - BY: CRAWFORD, MURPHY& TILLY, INC. 1. The undersigned acknowledges receipt of Addendum#1: LDate Received: Fe ruary 20, 2002&9 Received By: Q ldr/4 ----- Philip A. Whalen J Representing: Utility Dynamics Corporation City&State: Oswego, IL 60543 i__ Page I rrn nn nn c• en A, ..." ,.-,nr nnrr. n. I Lu LV wVL IVL VV'7V I111 V11 I VI LLulll inn IIV. 1 UYI 0J1 UUIU 1 . U1/UC ADDENDUM #2 TO: All Prospective Bidders FROM: City Of Elgin 150 Dexter Court Elgin IL 60120 SUBJECT: ADDENDUM #2 TO THE BIDDING DOCUMENTS FOR BIG TIMBER ROAD LIGHTING PROJECT ADDENDUM DATE: February 25, 2002 Please find enclosed the "TAX/COLLUSION/DEBARMENT AFFIDAVIT"which - was inadvertently omitted from the bid documents. Please complete this form _ and include it with your bid. - - All other particulars remain unchanged and in full effect. END OF ADDENDUM #2 The undersigned acknowledges receipt of Addendum # 3. - - Date Received: February 266,, 2002 Received by: 4,(44-Jd/0/34/4-'—' — Philip A. Whalen Representing: TTti1ity nynamirG C.nrpnratinn City & State: Oswego, IL 60543 ii FEB 26 '02 08:14 1 847 931 6075 PAGE.01 ' FEB-26-2002 1'UE 08:45 AN CITY OF ELGIN FAX NO. 1 847 931 6075 P. 02/02 TAX/COLLUSION/DEBARMENT AFFIDAVIT i ." State of Illinois ss. i : County of Kendall r _Joseph B. Spencer , being first duly sworn, deposes and says: That s/he is Presjdent _ - _of the firm of the r party making the foregoing bid and that the bidder is not barred from contracting with any unit or C local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 1 5/33E-4, as amended; and,no collusion or agreement among other bidders or prospective bidders r to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. • Signature of Bidder, if an individual: L ' fS [y Signature of Bidder, if a partnership; l. Subscribed and sworn to before me this 5th day of March ,20 02 L. Signatu o/:ifder, if a corporation: My commission expires:i / i ._ 12-11-02 //Pre•/ "1 Jo-.1.,h `:�B. Spencer x Let e •, ' ` OFFICIAL SEAL n / /��d / Z ALICEC.SUMS NOTMT►UIIIC,SUM OF IUINOIS I Secrcta MTCO/SWI IMESr1.rraoos 'hi1ip A. Whalen f { FEB 26 '02 08: 14 1 847 931 6075 PAGE.02 r' hh.d-al-LUUL 1tiU U1 ;J8 tf1 Ul IY Uh r.Lli1N hfiX NU. 1 84( 831 bU lb F. U1/U3 11 is ADDENDUM #3 TO: ALL PROSPECTIVE BIDDERS FROM: CITY OF ELGIN 150 DEXTER COURT ELGIN, IL 60120-5555 ( _ SUBJECT: ADDENDUM#3 TO THE BIDDING DOCUMENTS FOR BIG TIMBER ROAD LIGHTING PROJECT DATED JANUARY, 2002 BID OPENING DATE: MARCH 5, 2002 ADDENDUM DATE: February 27,2002 This addendum forms a part of the bidding and contract documents and modifies the original bidding documents dated January 2002. This addendum must be signed on the space provided I ` and included with the submitted Bid Package. FAILURE TO DO SO MAY SUBJECT THE BIDDER TO DISQUALIFICATION. ; SPECIFICATIONS AND CONTRACT DOCUMENTS 1. SPECIAL PROVISIONS, INSTRUCTION TO BIDDERS PAGE 6, (8)COMPLETION TIME: DELETE: The first sentence of the paragraph. The selected Bidder shall commence work not less that Fifteen(15) days following receipt of a written"Notice to Proceed"and shall fully complete the project within or by ninety(90) calendar days from the date of the Notice to Proceed. ADD: The following to the beginning of the paragraph. The selected Bidder shall commence work not less that Fifteen(15) days following receipt of a written"Notice to Proceed"and shall substantially complete the project within or by ninety(90) calendar days from the date of the Notice to Proceed. "Substantially complete" _= shall be defined as "fully completed"project with the exception of the light pole and fixture installation. For this exception, the contractor shall submit written documentation from the pole and fixture manufacturer of the required manufacture and delivery time of the poles and fixtures. Then the contractor will be allowed starting from the date of pole and fixture accepted shop drawings, the required manufactured and delivery time and an additional construction time of fourteen (14) calendar days to have the project fully completed. 2. SPECIAL PROVISIONS, ROADWAY LIGHTING, C. CONSTRUCTION METHODS PAGE SP-19(4)Cable Trench: ADD: After the third paragraph: The contractor shall have the option to directional bore the conduit and conductors in lieu of"trench and backfill"or"plow." For the directional bore method only,the contractor is not required to install the cable Page 1 of 3 FEB 28 '02 13:09 1 847 931 6075 PAGE-AT hLti-Cd-000L ItIU U1 ;4U ill U1111 Uh rLlilN hRX NU, 1 84( 931 6075 P. 02/03 0111ft . marker. Test hole shall be required as described in the Plowing operations. PLANS 1. ELECTRICAL DETAILS 1 SHEET 9,"UTILITY POLE DETAIL"DETAIL DELETE: PVC COATED GRSC ADD: 2"GRSC 2. SITE PLAN, GENERAL NOTES, &SUMMARY OF QUANTITIES SHEET 2, SUMMARY OF QUANTITIES TABLE CLARIFICATION: The 2"DIA GALVANIZED STEEL (3#2 USE) payment Item description for the Proposed 2#2 XLP/USE-2, 1 #2 XLP/USE Neutral in 2" GRSC either In trench or pushed is the conduits and conductors from the electrical utility service to the Roadway Lighting controller. 3. ROADWAY LIGHTING CONTROLLER DETAILS. SHEET 8 DELETE: Under NOMENCLATURE note No. 3: PROPOSED 2#2 XLP/USE-2, 1 #2 XLP/USE-2 NEUTRAL, 1 #8 GND. IN 2" PVC COATED GRS CONDUIT TO UTILITY TRANSFORMER. Under NOMENCLATURE note No. 16: PROPOSED 3#4 XLP-USE, 1 #8 GND. (CKT.# 1) Under NOMENCLATURE note No. 21: `' PROPOSED 3#4 XLP-USE, 1 #8 GND. (CKT.#2) ADD: Under NOMENCLATURE note No. 3: PROPOSED 2#2 XLP/USE-2, 1 #2 XLP/USE-2 NEUTRAL IN 2" PVC COATED GRS CONDUIT TO UTILITY TRANSFORMER. Under NOMENCLATURE note No. 16: PROPOSED 3#2 XLP/USE-2, 1 #8 GND. (CKT.# 1)TO HANDHOLE THEN TO LIGHTING FIXTURES. UNIT DUCT TO BE TERMINATED IN HANDHOLE, ILi Under NOMENCLATURE note No. 21: PROPOSED 3 #2 XLP/USE-2, 1 #8 GND. (CKT. # 2) TO HANDHOLE THEN TO LIGHTING FIXTURES. UNIT DUCT TO BE TERMINATED IN HANDHOLE. Page 2 of 3 FEB 28 '02 13:09 1 847 931 6075 PA1F_A2 hF a1U2 'I'HU U1 4U NCI CITY Ur ELGIN FAX NO. 1 847 931 6075 P. 03/03 eglar BY: CRAWFORD, MURPHY& TILLY, INC. The undersigned acknowledges receipt of Addendum#3: f ' Date Received: F bruary 28, 2002 Received By: (� Philip A. Whalen Representing: Utility Dynamics Corporation City& State: Oswego. IL 605. f - II L : r .7 Page 3 of 3 FEB 28 '02 13:10 1 847 931 627S Par= az SPECIFICATIONS AND CONTRACT DOCUMENTS BIG TIMBER ROAD LIGHTING PROJECT TABLE OF CONTENTS SECTION PAGE NUMBERS Notice to Bidders NB-1 - NB-2 Information For and Instructions to Bidders 1 - 6 Proposal P-1 - P-20 Agreement 1 —4 Performance Bond 1 Payment Bond 1 Notice to Proceed NP-1 Standard General Conditions of the Contract 1 - 33 Supplementary General Conditions SGC-1 - SGC-8 Special Conditions SC-1 - SC-5 _ Special Provisions SP-1 - SP-33 Project Details PD-1 - PD-7 Project Plans Sheet 1- Sheet 10 Note: Table of Contents for Standard General Conditions of the Contract, Supplementary General Conditions, Special Conditions, Special Provisions and Project Details are located at the beginning of each of their respective sections. 01265-01 ' NOTICE TO BIDDERS OWNER: CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120 PROJECT TITLE: BIG TIMBER ROAD - LIGHTING PROJECT For WORK to be Constructed Under the Provisions of"The Standard Specifications for Water and Sewer Main Construction in Illinois", the "Standard Specifications for the Road and Bridge Construction", and the "Supplemental Specifications and Recurring Special Provisions". 1. Time and Place of Opening Bids. Sealed proposals for the WORK described herein will be received at City Hall, located at 150 Dexter Court, Elgin, Illinois 60120 until 5 day, MAfj c y , 2002, 11:00 A.M. Local time at City Hall, and at that time publicly opened and read. 2. Description of WORK. (a) The proposed improvement consists of street lighting for Big Timber Road from approximately McLean Boulevard to IL Route 31 and all the associated • electrical equipment including two Roadway Lighting controllers, conduit, wiring, electrical t services and other appurtenant work necessary to complete the project in accordance with 1 the plans, specifications and these Special Provisions. 3. Instructions to Bidders. (a) Plans and Proposal forms may be obtained from the City of Elgin, Purchasing i Department located at 150 Dexter Court, Elgin, Illinois 60120, upon non-refundable deposit of$50.00. (b) All Proposals must be accompanied by a Bid Bond, bank cashier's check, bank draft, or certified check for not less than five (5) percent of the amount of the bid, payable without condition to the City of Elgin, Illinois, which sum shall be forfeited in case the successful bidder fails to enter into a binding contract and provide a properly executed contract surety bond within 15 days after the date the contract is awarded by the City Council. (c) Bidders need not return the entire contract proposal when bids are submitted. Portions of the proposal that must be returned include the following: 1. Contract Cover 2. Notice to Bidders 3. Contract Proposal 4. Contract Schedule of Prices and Signatures 5. Proposal Bid Bond 4. Prevailing Wage. In the employment and use of labor, the contractor shall conform to all Illinois Statutory requirements regarding labor, including but not limited to the following Act: An act regulating wages of laborers, mechanics and other workmen employed in any public works by the state, county, city, or any political subdivision or by anyone under contract for public works, as amended (Illinois Revised Statutes, Ch. 48, Par. 39s-1 et se), which provides in part that the contractor, subcontractors, etc., shall pay to all laborers, workmen and mechanics performing under the contract, not less than the prevailing rate of wages as determined by the Illinois Department of Labor. 01265-01 NB-1 T . , M r NOTICE TO BIDDERS 5. Performance Bond The successful bidder shall be required to furnish a satisfactory ( performance bond to the City of Elgin by a surety company authorized to do business in 1 the State of Illinois covering the full amount of the contract. i 5. References The bidder shall submit, if requested by the Engineering Division, a list of qualified references for projects of similar size and scope of this project. Proposals withdrawn may not be resubmitted at the same letting. / ,. 5. Rejection of Bids Each bidder shall satisfy the city as to their ability, financially or otherwise, to carry out the work. The right is reserved to reject any or all bids or to waive technicalities and any informality in any bid. LI 1 I; i ,• f C f I. L j 1 • • 01265-01 NB-2 INFORMATION FOR AND INSTRUCTIONS TO BIDDERS 1. DEFINITIONS AND TERMINOLOGY Definitions,of the General Terms and Conditions of the Contract("General Terms and Conditions") included in the Project Manual are incorporated by reference as if fully rewritten herein. In the event of a conflict between the definitions herein and those found in the General Terms and Conditions,the former shall govern for the purpose of this section only. All other terms which are not herein defined have their ordinary dictionary meaning. ADDENDUM(ADDENDA, PLURAL)-An Addendum is a document issued by the City prior to the opening of the General Bids which clarifies, amends, or modifies the Bidding Documents or the Contract Documents. ALTERNATE BID-An Alternate Bid (or An Alternate) is a proposal for work which is bid alternatively to the original bid proposal pursuant to instructions contained in the Bid Form. Such alternative bids may include proposals for work that is different in scope from that contained in the Base Bid. BASE BID-A Base Bid is the sum proposed by a Bidder to perform the Work and does not include any Alternate Bids. BID-A Bid is a proposal to do the Work for a specified sum and includes accompanying forms which are required to be submitted. BIDDER-A Bidder is an entity that submits a Bid. BIDDING DOCUMENTS-The Bidding Documents are comprised of the entire Project Manual, which includes, but is not limited to, the Invitation to Bid (advertisement), the Instructions to Bidders,all of the forms(e.g., Bid forms,sample Agreement form,bond forms), the wage rates, the General Terms and Conditions of the Contract, any supplementary terms and conditions thereto, the Drawings, the Specifications, and all addenda. BUSINESS DAYS-Business days are defined as all days of the week excluding Saturdays, Sundays, and those holidays for which the City offices are closed for observance. CONTRACT DOCUMENTS-The Contract Documents consist of the Agreement, the Certificates of Insurance, Bonds, Notice of Award, Notice to Proceed, General Conditions, Supplementary Conditions, Specifications, Drawings, Addenda, Contractor's Bid, City Forms, and any subsequent written amendments to the documents listed herein. PROJECT-The Project is the total Construction to be provided under the Contract Documents and the Work may be the whole or a part of the Project as indicated elsewhere in the Contract Documents and may include construction by the City or by separate contractors. The Project is the Work described in the Bidding Documents. PURCHASING DEPARTMENT-The Purchasing Department refers to the City of Elgin Purchasing Department located at 150 Dexter Court, Elgin IL. Instructions to Bidders Page 1 WORK-Work refers to the services and the entire completed construction or the various separately identifiable parts thereof required by the Contract Documents,including all labor, materials, and equipment furnished, furnished and incorporated into the Project, or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 2. COPIES OF BIDDING DOCUMENTS A Bidder may obtain complete sets of Bidding Documents upon payment of a nonrefundable fee, the amount of which is set forth in the Invitation to Bid. No partial sets of Bidding Documents shall be issued. It is the responsibility of the Bidder to insure that it has obtained a complete set of Bidding Documents. Complete sets of Bidding Documents shall be used in preparing Bids. The City shall not be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, or any other reason, in preparing the Bids. Distribution of the Bidding Documents is for the sole purpose of obtaining Bids and does not confer a license or grant permission for any other use of the Bidding Documents. 3. STATE WAGE RATE REQUIREMENTS The minimum prevailing wage rates are included with the Bidding Documents and apply to this Project. Bidder shall comply with all statutory requirements regarding prevailing wage rates. 4. QUESTIONS AND INTERPRETATIONS All questions about the meaning or intent of the Bidding Documents shall be submitted in writing to the City's Purchasing Director or applicable department contact specified in the Invitation no later than five calendar days prior to the date set for the opening of Bids. Any questions received after such time shall be answered at the discretion of the City. Written clarifications or interpretations shall be issued by the Purchasing Department in the form of an Addendum. Only questions answered by an Addendum shall be binding. Oral clarifications or interpretations shall be without legal effect. Addenda shall either be faxed or mailed to all persons having received Bidding Documents from the Purchasing Department. Each Bidder shall be responsible for determining that it has received all Addenda issued. 5. THE BID BIDDER'S REPRESENTATIONS. Instructions to Bidders Page 2 r In submitting a Bid, the Bidder represents that: • it has read and examined the Bidding Documents thoroughly; • it understands the Bidding Documents; • the Bid is made in accordance with the Bidding Documents; • it has visited the site, has become familiar with the conditions of the site and the surrounding area,and has familiarized itself with local conditions that may in any manner affect cost, progress, or performance of the Work; • it has correlated its own observations with the Bidding Documents; • it has found no errors, conflicts, ambiguities, or omissions in the Bidding Documents,except for those that it has brought to the City's attention either orally at a pre-bid conference or in writing at least five(5)calendar days prior to submitting its Bid; • it is familiar with all of the applicable Federal, State, and City laws, rules, regulations, and procedures affecting its Bid and its Bid is in conformity with those laws,rules,regulations,and procedures; • the Bidder has complied with every requirement of these Instructions and that the Bidding Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for the performance of the Work;and • Bidder hereby waives and releases any and all rights it may have pursuant to the Public Construction Contract Act, 30 ILCS 557/1 et.seq. BID CONTENTS. The checklists below are included for the bidders'convenience only and shall not be construed to constitute a waive or abridgement of the City's right to reject any or all bids. A Bid shall include: • a completed Bid form • a Bid deposit; • EEO/Sexual Harassment Forms • A Tax/Collusion/Debarment/Prevailing Wage Affidavit RIGHT TO WAIVE INFORMALITIES AND PERMIT CURATIVE MEASURES. The City reserves the right to waive any Bid informalities. The City may permit bidders who fail to include forms not otherwise required by law to cure such omission(s) within five days of bid opening, in the City's sole discretion. Bid Deposits: Unless otherwise stated, every Bid shall be accompanied by a Bid deposit in the form of a Bid bond, certified check or a treasurer's,or cashier's check issued by a responsible bank or trust company, payable to the City of Elgin. The Bid bond shall be (a) in a form satisfactory to the City; (b)with a surety company qualified to do business in the state of Illinois and satisfactory to the City; and (c) conditioned upon the faithful Instructions to Bidders Page 3 performance by the bidder of the terms contained in the Bid. The Bid deposit shall be not less than percent ( %) of the value of the Bid. Bids Forms. Each Bid shall be submitted on the Bid form included in the Project Manual. In the case of a conflict between dollar figures and words, written amounts shall control over dollar figures. All blank spaces shall be filled. Any and all blank spaces shall constitute sufficient cause to reject any bid. The Bid form shall be completed in ink or by typewriter. Acknowledgment of Addenda. Each Bidder shall acknowledge the receipt of all Addenda (the numbers of which are to be filled in on the Bid form by the Bidder). A Bidder's failure to acknowledge any Addendum shall constitute sufficient cause for rejection of a bid at the City's sole discretion. SUBMISSION OF A BID. Prior to the deadline for receipt of Bids, each Bid shall be submitted to the Purchasing Department in a sealed envelope which is plainly marked on the outside with the name and address of the Bidder,the title of the Project,and the date and time of the Bid opening. Any Bid received after the deadline shall not be accepted. Any Bid submitted to any other office or department of the City and received by the Purchasing Department after the deadline for receipt of Bids shall not be accepted. It is the responsibility of the Bidder to ensure that its Bid is received by the Purchasing Department in a timely fashion. The deadline for receipt of Bids can be extended by Addendum only. Bids may not be submitted orally, by facsimile, by telephone, or by any other method except for the method described above. MODIFICATION OF A BID. A Bid may be modified only by submitting any such modification in the form of a document executed in the same manner as a Bid, delivered in a sealed envelope in the same manner as a Bid, designated as a modification to the original Bid and submitted to the Purchasing Department prior to the time designated for the opening of Bids. WITHDRAWAL OF A BID. Prior to Bid opening. A Bid may be withdrawn before the time designated for opening Bids. All requests for withdrawal of a bid shall be in writing. Withdrawal of a Bid prior to the Bid opening time shall not prejudice the right of a Bidder to resubmit a Bid. A Bid cannot be withdrawn after the Bid opening time except as provided in the Bidding Documents. After Bid opening. In the case of death, disability, clearly apparent clerical error, a Bidder may withdraw its Bid after the time designated for Bid opening, if within five (5) days of the date designated for opening its Bid, such Bidder submits a statement under the penalties of perjury to the Purchasing Department detailing the basis for withdrawal. The City shall then make a determination as to whether such Bidder shall be permitted to withdraw such bid. Such a determination shall be in the City's sole discretion. In such case, the Bid Deposit shall be returned to the Bidder. BID OPENING. Instructions to Bidders Page 4 All Bids received prior to the date and time designated for the Bid opening shall be opened publicly and read aloud at a location designated by the Purchasing Department. PUBLIC BID REVIEW AND INSPECTION. Upon opening,all Bids become public records except for any portions thereof that are not subject to public disclosure as a matter of law. Bids may be reviewed by the public in a manner set forth by the Purchasing Department. Any Bidder who objects to a Bid may protest the Bid. Bid protests shall be governed by Elgin Municipal Code Chapter 5.26. 6. RESERVATION OF RIGHTS TO REJECT BIDS The City reserves the right to reject any or all Bids, if it is in the public interest to do so. The City reserves the right to reject the Bid of any Bidder who the City has determined has not completed a prior project,whether with the City or elsewhere, because of the fault of the Bidder, its Subcontractors or employees; has been declared in default on a prior contract whether with the City or elsewhere;has failed to complete a prior project in a timely fashion whether with the City or elsewhere; based on its work record, is not capable of performing the within Contract whether due to lack of sufficient prior experience, as determined by the City, or any other reason; has a work record of its Subcontractors demanding direct payment from the City; has a work record of its Subcontractors, employees or material suppliers complaining to the City or other awarding authority regarding the Bidder's failure to pay them; has a record of complaints made to the City or other awarding authority by persons offended by the behavior of the Bidder, its Subcontractors or employees; or has a record of its failure to comply with State of Illinois and/or City laws or requirements. "Work record"or"record" constitutes a minimum of one event in the work history of the Bidder. The City shall reject every Bid that is not accompanied by a Bid deposit. 7. AWARD OF CONTRACT The City shall award the contract to the lowest responsible (as defined in Elgin Municipal Code Chapter 5.04)and responsive(as defined in Elgin Municipal Code Chapter 5.04)Bidder within 60 days after the date of the opening of the Bids. If the successful Bidder fails to execute a contract in accordance with the terms of its Bid and to furnish all applicable bonds, an award shall be made to the next lowest responsible and responsive Bidder. The time limit provided above shall not be applicable to a second or subsequent award. Any Bidder who fails to execute a contract and furnish applicable bonds shall forfeit its Bid deposit which shall become the property of the City. The amount retained by the City shall not exceed the difference between the lowest Bid price and the Bid price of the next lowest responsible and eligible bidder. The City shall notify the selected Bidder and all other Bidders of the award. Instructions to Bidders Page 5 e The City shall submit to the selected Bidder a Notice of Award and at least four(4) unsigned copies of the Agreement between the City and the Contractor. The Bidder shall return all executed copies of the Agreement, all bonds and insurance certificates to the City's Purchasing Director within 10 Business Days of the notice of the notice of award. Failure of the selected Bidder to submit such documents in a timely fashion as provided above may result in the withdrawal of the award, at the City's discretion. The City shall return one executed copy of the Agreement to the Contractor. Time is of the essence in the performance of the Agreement. 8. COMPLETION TIME The selected Bidder shall commence work not less than Fifteen(15)days following receipt of a written " Notice to Proceed" and shall fully complete the project within or by 10 t,efy(90) calendar days from the date of the Notice to Proceed. If any conflict exists between the date provided in the Agreement and these Instructions,the Agreement shall prevail. Selected Bidder shall also pay as liquidated damages the sum of Five Hundred and Fifty dollars($550)for each consecutive calendar day thereafter that the work remains unfinished. Selected Bidder agrees that such liquidated damages constitute a reasonable, good faith estimate of damages actually incurred by the City and do not constitute a penalty. GAIL A.COHEN PURCHASING DIRECTOR END OF INFORMATION FOR AND INSTRUCTIONS TO BIDDERS Instructions to Bidders Page 6 PROPOSAL TO THE OWNER, THE CITY OF ELGIN 1. Proposal of Utility Dynamics Corporation (Name and Address of Bidder) • 23 Commerce Drive, Oswego, IL 60543 for the WORK, described in Paragraph 2 below, for the construction of roadway lighting, including but not limited to roadway fixtures and associated foundations, electrical service entrances, roadway lighting controllers, and approximately 5,000 LF of power conductors in conduit. 2. The plans for the proposed WORK are those prepared by the Crawford, Murphy & Tilly, Inc., 2750 West Washington Street, Springfield, Illinois, 62702. which Plans are designated as Big Timber Road - Lighting Project and which cover the WORK described in Paragraph 1 above. The specifications herein referred to are the "Standard Specifications for the Road and Bridge Construction", adopted January 1, 2002, and the "Supplemental Specifications and Recurring Special Provisions, latest edition. 3. In submitting this proposal, the undersigned declares that the only persons or parties interested in the proposal as principals are those named herein, and that the proposal is made without collusion with any other person, firm or corporation. 4. The undersigned further declares that he has carefully examined the "Contract Documents" as described in the AGREEMENT and that he has inspected in detail the site of the proposed Work, and that he has familiarized himself with all of the local conditions affecting the AGREEMENT and the detailed requirements of construction, and understands that in making this Proposal he waives all right to plead any misunderstanding regarding the same. 5. The undersigned further understands and agrees that if this Proposal is accepted he is to furnish and provide all necessary machinery, tools, apparatus, and other means of construction, and to do all of the WORK, and to furnish all of the materials specified in the AGREEMENT, except such materials as are to be furnished by the City, in the manner and at the time therein prescribed and in accordance with the requirements therein set forth. 6. The undersigned further declares that all roadway, sewer and electrical improvements shall be completed by contractors or subcontractors prequalified with the Illinois Department of Transportation or be able to become prequalified by these agencies prior to construction. 01265-01 P-1 , . PROPOSAL 14. Accompanying this Proposal is a bank draft, bank cashier's check, certified check, or bid bond, complying with the requirements of the specifications, made payable to 5% Bid Bond Attached The amount of the check or draft is ($ If this proposal is accepted and the undersigned shall fail to execute an AGREEMENT and the Contract Bond as required herein, it is hereby agreed that the amount of the check or draft or bidder's bond substituted in lieu thereof, shall become the property of the City, and shall be considered as payment of damages due to delay and other causes suffered by the City because of the failure to execute said AGREEMENT and Contract Bond; otherwise said check or draft, or bidder's bond substituted in lieu thereof shall be returned to the undersigned. ATTACH BID BOND, BANK DRAFT, BANK CASHIER'S CHECK, OR CERTIFIED CHECK HERE 15. The undersigned submits herewith his schedule of prices covering the WORK to be performed under this AGREEMENT; he understands that he must show in the schedule the unit prices for which he proposes to perform each item of work that the extensions must be made by him, and that if not so done his proposal may be rejected as irregular. I �L L 01265-01 P-3 PROPOSAL 7. The undersigned declares that he understands that the quantities mentioned are approximate only and that they are subject to increase or decrease; that he will take in full payment therefore the amount and the summation of the actual quantities, as finally determined, multiplied by the unit prices shown in the schedule of prices contained herein. 8. The undersigned further agrees that the unit prices submitted herewith are for the purpose of obtaining a gross sum, and for use in computing the value of extras and deductions; that if there is a discrepancy between the gross sum bid and that resulting from the summation of the quantities multiplied by their respective unit prices the latter shall comply. 9. The undersigned further agrees that if the City declares to extend or shorten the WORK, ( or otherwise alter it by extras or deductions, including the elimination of any one or more of the items, as provided in the specifications, he will perform the WORK as altered, increased or decreased at the CONTRACT unit prices. F 10. The undersigned further agrees that the ENGINEER may at any time during the progress of the WORK covered by this AGREEMENT order other work or materials incidental thereto and f that all such work and materials as do not appear in the proposal or AGREEMENT as a specific item accompanied by a unit price, and which are not included under the bid price for other items in this AGREEMENT, shall be performed as extra work, per Section 10 and compensation shall be paid in accordance with Section 10 of the Standard General Condition of the Construction Contract. • 11. The undersigned further agrees to execute an AGREEMENT for this WORK and present the same to the City within fifteen (15) days after the receipt of Notice of the AGREEMENT by him. 12. The undersigned further agrees that he and his surety will execute and present within fifteen (15) days after the receipt of Notice of Award, a Contract Bond satisfactory to and in the form prescribed by the City, in the penal sum of the full amount of the AGREEMENT, guaranteeing the faithful performance of the WORK in accordance with the terms of the ,AGREEMENT. 13. The undersigned further agrees to begin WORK not later than the date specified in the Notice to Proceed, and to prosecute the WORK in such manner and with sufficient materials, equipment, and labor as will insure its completion within the Contract Time specified herein, it being understood and agreed that the completion within the Contract Time is an essential part of the AGREEMENT. The undersigned agrees to complete the WORK by ninety (90) calendar days after the Notice to Proceed unless additional time shall be granted by the ENGINEER in accordance with the provisions of the Specifications. In case of failure to complete the WORK within the time named herein or within such extra time as may have been allowed by extensions, the undersigned agrees that the City, shall withhold, from such sums as may be due him under the terms of this AGREEMENT, the costs set forth in the Specifications, which costs shall be considered and treated not as a penalty but as damages due the City from the undersigned by reason of inconvenience to the public, added cost of engineering and supervision, maintenance of detours, and other items which have caused an expenditure of public funds resulting from the failure of the undersigned to complete the WORK within the CONTRACT time. x j r 01265-01 P-2 ITEM UNIT TOTAL UNIT i NO ITEM QUANTITY PRICE TOTAL 1 1 TRAFFIC CONTROL AND PROTECTION L SUM 1 5,000.00 5,000.00 Y 4 ROADWAY LIGHTING FIXTURE EACH 33 2,187.00 72,171.00 I< 5 LIGHT POLE FOUNDATION FOOT 389 85.00 33,065.00 1 6 TRENCH AND BACKFILL FOR ELECTRICAL WORK FOOT 4,835 3.65 17,647.75 1 7 UNIT DUCT 1 -1/4"(3#2 USE-2, 1 #8 GND) FOOT 5,181 1.85 9,584.85 [ ' _ 8 2"DIA. GALVANIZED STEEL(3#2 USE) FOOT 230 9.10 2,093.00 I = 9 CONDUIT PUSHED,4" DIA., GALVANIZED STEEL FOOT 210 17.00 3,570.00 r 10 ELECTRICALHANDHOLE EACH 2 1,200.00 2,400.00 11 ROADWAY LIGHTING CONTROLLER EACH 2 6,400.00 12,800.00 12 SODDING AND SUPPLEMENTAL WATERING SQ YARD 885 5.00 4,425.00 Bidder's Proposal for making Entire Improvments. 162,756.60 k i ' [ ' [: U 11 Li J 1265-00 PROPOSAL (SEAL) (If an Individual) Signature of Bidder Business Address (SEAL) (If a partnership) Firm Name Signed By (Seal) ri Business Address (Insert Names and Addresses of all Partners of the r Firm) L r i (If a Corporation) Corporate Name tt7 it' Dynamics Corporation Signed By -•'` l OF Lioseph B. S. a - President (Corporate Seal) Business Ad' r ss 23 Commerce Drive, Oswego, IL 60543 PreS dint! Jos-,ph Spencer i. (Insert Names of Officers) Secretary Philip A. Whalen Treasurer June Goggin Attest: 41/44 Secretary 01265-01 P-5 ,, , ..... , LL , • . ,w ba CITY OF ELGIN, ILLINOIS BID BOND We, the undersigned, Utility Dynamics Corporation National Fire Insurance as Principal, and Company of Hartford as Surety, are hereby held and firmly bound unto the CITY OF ELGIN, a municipality in the State of Illinois, in the sum of Five Percent Of Amount Bid Dollars ($ 5% ). We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Principal has hereby submitted to the City of Elgin a certain Bid attached hereto and hereby made a part hereof for the Project described as: BIG TIMBER ROAD LIGHTING PROJECT If Principal fails to execute a contract and furnish a performance bond and a labor and materials or payment bond as provided for in its bid or otherwise fails to perform any of the obligations created by the acceptance of said bid, Principal's bid deposit shall become and be the property of the City of Elgin as and for reasonable liquidated damages,which shall not be construed as a penalty, but as an actual estimate of damages. If such Bid is rejected because of death,disability,or clearly apparent clerical error, Principal's bid bond shall be returned to Principal. - Surety,for value received,the sufficiency of which is hereby acknowledged, hereby agrees that its obligations and this bond shall in no way be impaired or affected by an extension of the time in which the City of Elgin may accept such bid and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and have caused this bond to be -igned by their proper officers on this5 th day of March _, 2C0 2 Util" y i yynamics Corporation National Fire Insurance Company CONT" % (aR AS PRINCIPAL SURETY of Hartford 411111 AO, 04,wyt Y -749--levyk..__ ,.tbi• 1Fvutl' (Signature) f N6r c d itle: Joseph B. Spencer Name and Title: Dawn L. Morgan 'resiaent Attorney-in-Fact _ f SEA SEAL "?'"10 . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, National Fire Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania(herein called"the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint James Scheer, Michael J. Scheer,Alice Rhoads, Richard M.Scheer,James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L.Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Individually of Countryside, Illinois their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts-- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted, as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 31st day of July,2001. G tM(T *SUR oe ,�� os. � , � Continental Casualty Company 00.1•° c g occ1 C 14T National Fire Insurance Company of Hartford • y� S JuLr n,fn American Casualty Company of Reading, Pennsylvania 0J SEAL 2caS e I902 1897 HAfr •• 1 /L Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 31st day of July,2001,before me personally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' •• DIANE FAULIWER • Notary Pubis.No*of INneI• i • My ConisMeMee blokes ail 7qf ; My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford,and American Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 5 th day of March , 2002 . oAsu+cr ttlsuR a� tk[e c �" 9r Continental Casualty Company oavaurF a National Fire Insurance Company of Hartford • trto American Casualty Company of Reading, Pennsylvania j L A $ Juir si, rJ SEAI z 61p e I9027 1897 •HAND"' • Mary A.Ribikawskis Assistant Secretary (Rev. 1/23/01) ir • STATE OF ILLINOIS } } S.S. COUNTY OF COOK } On March 5, 2002, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn,personally appeared Dawn L. Morgan, known to me to be Attorney-in-Fact of National Fire Insurance Company of Hartford,the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Co ission Expires on June 15, 2002 " OFFICIAL SEAL" NO P liC KELLY A. JACOBS NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 6/15/2002 bd oF 701 City of Elgin, Illinois �y;,' ^ Certification Requirements Oi Please submit all required forms and documentation, fully completed and signed, with your proposal. No proposal will be accepted without this = information. 1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and vendors. Herein referred to as "bidders", are requested to submit the following information: 1. Workforce analysis using the enclosed Bidder's Employee Utilization form. 2. Provide the information required bu Item#3 on the employee utilization form if the answer to Question# 2 on the form is"Yes". 3. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. 5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to Bid along with all instructions,conditions, and specifications attached thereto constitute a binding contract which may be enforced by the city. lY Signature/Title42-dikAWILEti Officer Company Name Utility Dynamics Corporation Address 23 Commerce Drive Oswego, IL 60543 Phone Number 630-554-1722 FEIN No. 36-2776022 E_1 9 i BIDDER'S EMPLOYEE UTILIZATION FORM 1 , z _ This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts 1. Name and Address of Bidder Description of Project Utility Dynamics Corporation Big Timber Road r - 23 Commerce Drive Lighting Proiect Oswego. IL 60543 JOB Total Whites Blacks Hispanics Asians or American Minority Female CATEGORIES Employees Pacific Indians (M&F) (All i _ Islanders Categories) M / F M / F M / F M / F M / F % Example: 18 3 5 3 2 4 1 55.6% 44.4% Managers g (10/18) (8/18) Electricians 3 1 1 1 1 i . L is TOTALS 1 1 1 33 33 �3 Signature of Company Official Title Telephone Number Date Signed page 1 , Vice President EEO officer 630-554-1722 March 5, 2002 Of 1 [ ' 2. Have you ever been awarded a bid by the City of Elgin? x Yes No 3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. See Attached 4. If the statistical data provided above shows under-utilization of minorities and/or females,please submit, according to the guideline provided in the attached document,a written commitment to provide equal employment opportunity. ri NOTE: In the event that a contractor or vendor,etc.,fails to comply with the fair employment and affirmative ` action provisions of the City of Elgin,the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part. '7-g r • r- 3ID-2, 71, R ) s --11 ly1)I,n-v-T-7,1 uTILIzATIO\- pn -liv i . v , __.1.4..J 7 This report is required by the City of Elgin and shall be 6 submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action — City Contracts ill . . . r 1. Name and Address of Bidder Description of Project itUtility Dynamics Corporation Elgin Oaks/State Street r_ 23 Commerce Dr. , P.O. Box 635 • Light Conduit Replacement Oswego, IL 60543 • . I JOB CAIJGORIES renE _ 28CT3 EM _ 15it5 WS °M MT rall P . Y F . Y ' F K F N F u ' F Y F S 1 . Electricians 2 1 1 1 33 33 • • ir . • . . i,iii • , . . if . . , • • TOTALS 3 1 1 33 33 • • �, Sigutc�e Corapan7 Official dUe . Telephone No. Data wed Pate 4 630)554-1722 7/7/98 1 of Philip A. Whalen, Vice President 2. Have you ever been awarded a bid by the City of Elgin? f © YES • . NE N0 2. If the answer to #2 is piss. please submit a copy of the = Employee Vtilizetion Form that was submitted 'with, your last successful bid along with a Sully completed copy of rthis forzs�.. 4. If the statistical data provided •above show under- 9 utilization• of minority and/or •fennele, please submit, - according •to the guideline provided i the attached r in the a written• commitment to provide equal employment opportunity. NOTE: Ln the event that a contractor or vendor, etc. tails to r comply with the fair employment and affirmative action provisions of the City of Elgin, the City. amongst other actions may cancel. terminate or . suspend the contract in whole or in part. ... 6/15/92 . V I E-4'c, City of Elgin, Illinois 10' 1 + , 0 Equal Employment Written Commitment Guideline • TED6 � The written commitment required in Item#4 of the Bidder's Employee Utilization Form shall: 1. Set out the name and phone number of the bidder's Equal Employment Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the area's population and labor force. 3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and female employees. 4. Set out the bidder's specific goals to recruit minorities and females for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin,upon request,statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 6. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening,referral,and selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors,if any,to submit a written commitment complying with the above requirements of their affirmative action plan to the City of Elgin. 8. Clearly state the bidder agrees that: "Bidder(company name)shall not discriminate against any employee or applicant on the basis of race, color,religion,sex,national origin, age,place of birth,ancestry,martial status, or disability(physical or mental)which will not interfere with the performance of the job in question." : Description of Groups for Classification Purposes White: all persons having origins in Europe,North America, or the Middle East Black: all persons having origins in any of the Black racial groups of Africa Hispanic: all persons of Mexican,Puerto Rican,Cuban,Central.South American, or other Spanish culture or origin, regardless of race Asian American: all persons having origins in the Far East, Southeast Asia,the Indian subcontinent,or the Pacific Islands cr American Indian: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition r • • c 1 i :. : OF„ c E . City of Elgin, Illinois �, ,.• ti _ ti• Sexual Harassment - - Policies and Programs J do '' ' r114:'. Effective July 1, 1993, every party to any contract with the City of Elgin and every :o s ` moo' :. " '`tip eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law a description of sexual harassment, utilizing examples ` • a vendor's internal complaint process including penalties • the legal recourse, investigative and complaint process available through the Illinois Department t . of Human Rights, and the Illinois Human Rights Commission • directions on how to contract the department and commission L • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set fourth above,and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these olicies if they so request. Signature/Title 1/4/2&;64±Tip A. Whalen, Vice President/ Company Utility Dynamics Corporation EEO Officer Date March 5, 2002 z Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when(1) submission to such conduct is made either explicitly or implicitly a term or n condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual,or(3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating,hostile, or offensive 1 working environment. J Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847) 931-5618. I hereby agree to fully indemnify and hold the City of Elgin harmless from any and all liability,loss or damage including costs of defense or claim, demands, costs of judgement against it arising from any ' sexual harassment complaint resulting from the act of any member of my organization in the L performance of this contract. Signature/Title 4)44 /404*-171—Iilip A. Whalen, Vice President/ Company Utility Dynamics Corporation EEO Officer Date March 5, 2002 [ . i p--1D • State of Illinois o - DEPARTMENT OF TRANSPORTATION SPECIAL PROVISION FOR EMPLOYMENT PRACTICES In addition to all other labor requirements set forth in this proposal and in the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation, during the performance of this contract, the contractor for itself, its assignees, and sucessors in interest (hereinafter referred to as the "contractor") agrees as follows: I . SELECTION OF LABOR The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. II. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows : (1) That it will not discriminate against any employee or applicant far employment because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service, and further that it will examine all job classifications to determine if minority persons or women are underu•tilized and will take appropriate affirmative action to rectify any such underutilization. (2) That, if it hires additional employees in order to perform this contract or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service. (4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or .. . _ representative of the contractor' s obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with so such Act and Rules and Regulations , the contractor will promptly so notify the Illinois Department of Human Rights -and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. LR 120 Pg. 1 of 2 r � ) (Rev 1-89) (5) That it will submit reports as required by the Department of Human Rights Rules and Regulations , furnish all relevant information as may from time to I time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. (6) That it will permit access to all relevant books , records, accounts and work sites by personnel of the contracting agency and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. I (7) That it will include verbatim or by reference the provisions of this clause in every subcontract so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable I provisions of this clause by all its subcontractors; and further it will promptly notify the contracting agency and the Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply therewith. In addition, the Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions Ior munincipal corporations. I I • • I I I I I LR 120 Pg. 2 of 2 (Rev 1-89) State of Illinois Department of Transportation Bureau of Local Roads and Streets SPECIAL PROVISION for WAGES OF EMPLOYEES ON PUBLIC WORKS • This contract is subject to "AN ACT regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works", approved June 26, 1941, as amended, except that where a prevailing wage violates a Federal law, order, or ruling,the rate conforming to the Federal law, order, or ruling shall govern. If it is determined that the"prevailing rate of wages" will be used for this contract, the following conditions will be required: Not less than the prevailing rate of wages as found by the(public body)or Department of Labor or determined by a court on review shall be paid to all - - laborers,workers and mechanics performing work under this contract. These prevailing rates of wages are included in this contract The contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers,workers and mechanics employed by them on this contract, and also showing the actual hourly wages paid to each of such persons. The submission by the contractor and each subcontractor of payrolls,or copies thereof,is not required. However,the contractor and each subcontractor shall preserve their weekly payroll records for a period of three years from the date of completion of this contract. If the.Department of Labor revised the prevailing rate of hourly wages to be paid by the public body, the revised rate as provided by the public body shall apply to this contract. • LR 121 U - (Rev. 2-98) Resolution No. 01-184 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defied herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City if Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in .the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution I'--i 1 1 with the Secretary of State Index Division and the Department of Labor of the State of Illinois. S/ Ed Schock Ed Schock, Mayor Presented: June 27, 2001 Adopted: June 27, 2001 Vote: Yeas: 7 Nays: 0 Recorded: Attest: S/ Dolonna Mecum Dolonna Mecum, City Clerk . P-15- Kane County Prevailing Wage for February 2002 Page 1 of 5 Kane County Prevailing Wage for February 2002 Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 26.800 27.550 1.5 1.5 2.0 3.450 2.650 0.000 0.170 ASBESTOS ABT-MEC BLD 23.300 24.800 1.5 1.5 2.0 3.640 5.520 0.000 0.000 BOILERMAKER BLD 33 .190 35.030 2.0 2.0 2.0 3.700 4.650 0.000 0.150 BRICK MASON BLD 29.300 31.300 1.5 1.5 2. 0 4.300 4.580 0.000 0.120 CARPENTER ALL 29.600 31.100 1.5 1.5 2.0 4.300 3.700 0.000 0.340 CEMENT MASON ALL 26.700 26.950 2.0 1.5 2. 0 3.850 6.360 0.000 0.050 CERAMIC TILE FNSHER ALL 23.300 0.000 2.0 1.5 2.0 3.500 3.700 0.000 0.210 COMMUNICATION TECH N BLD 24.990 26.070 1.5 1.5 2. 0 5.870 0.750 0.000 0.000 COMMUNICATION TECH S BLD 28.220 29.220 1.5 1.5 2.0 4.660 4.240 0.000 0.480 ELECTRIC PWR EQMT OP ALL 25.860 32.250 1.5 1.5 2.0 2.200 6.210 0.000 0.130 ELECTRIC PWR GRNDMAN ALL 20.310 32 .250 1.5 1.5 2.0 2.200 4.880 0.000 0. 100 ELECTRIC PWR LINEMAN ALL 30.560 32.250 1.5 1.5 2. 0 2.200 7.340 0.000 0.150 ELECTRIC PWR TRK DRV ALL 20.930 32.250 1.5 1.5 2.0 2.200 5.030 0.000 0.100 ELECTRICIAN N ALL 33 .320 36.650 1.5 1.5 2.0 4.665 7.660 0.000 0.580 ELECTRICIAN S BLD 33.250 36.580 1.5 1.5 2. 0 4.660 7.650 0.000 0.670 ELEVATOR CONSTRUCTOR BLD 33.585 37.780 2.0 2.0 2.0 4.425 2.610 2.020 0.000 FENCE ERECTOR ALL 29.690 31.180 2.0 2.0 2. 0 4.290 11.28 0.000 0.250 GLAZIER BLD 26.800 27.800 1.5 2.0 2. 0 4.340 7.550 0.000 0.200 HT/FROST INSULATOR BLD 28.250 30.000 1.5 1.5 2. 0 4.980 7.060 0.000 0.230 IRON WORKER ALL 29.690 31.180 2.0 2.0 2. 0 4.290 11.28 0.000 0.250 LABORER ALL 26.650 27.400 1.5 1.5 2.0 3.450 2.650 0.000 0.170 LATHER BLD 29.600 31.100 1.5 1.5 2. 0 4.300 3.700 0.000 0.340 MACHINIST BLD 30.610 32.360 2.0 2.0 2. 0 3 .200 2.600 2.110 0.000 MARBLE FINISHERS ALL 23 .000 0.000 1.5 1.5 2.0 3.600 3.800 0.000 0.240 MARBLE MASON BLD 26.780 28.280 1.5 1.5 2.0 4.300 6.600 0.000 0.230 MILLWRIGHT ALL 29.600 31.100 1.5 1.5 2 .0 4.300 3.700 0.000 0.340 OPERATING ENGINEER BLD 1 32.050 36.050 2.0 2.0 2. 0 5.150 4.000 1.600 0.450 OPERATING ENGINEER BLD 2 30.750 36.050 2.0 2.0 2 . 0 5.150 4.000 1.600 0.450 OPERATING ENGINEER BLD 3 28.200 36.050 2.0 2.0 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER BLD 4 26.450 36.050 2.0 2.0 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER HWY 1 30.250 34.250 1.5 1.5 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER HWY 2 29.700 34.250 1.5 1.5 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER HWY 3 27.650 34.250 1.5 1.5 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER HWY 4 26.250 34.250 1.5 1.5 2.0 5.150 4.000 1.600 0.450 OPERATING ENGINEER HWY 5 25.050 34.250 1.5 1.5 2.0 5.150 4.000 1.600 0.450 ORNAMNTL IRON WORKER ALL 29.690 31.180 2.0 2.0 2.0 4.290 11.28 0.000 0.250 PAINTER ALL 28.490 29.490 1.5 1.5 1.5 4.000 3.450 0.000 0.300 PAINTER SIGNS BLD 24.540 27.550 1.5 1.5 1.5 2 .860 1.960 0.000 0.000 PILEDRIVER ALL 29.600 31.100 1.5 1.5 2 .0 4.300 3.700 0.000 0.340 PIPEFITTER BLD 31.000 33 .000 1.5 1.5 2.0 4.200 5.750 0.000 0.700 PLASTERER BLD 28.440 29.440 1.5 1.5 2 .0 3 .750 4.250 0.000 0.400 PLUMBER BLD 31.000 33 .000 1.5 1.5 2.0 4.200 5.750 0.000 0.700 ROOFER BLD 30.000 32 .000 1.5 1.5 2 .0 3 .650 2.200 0.000 0.300 SHEETMETAL WORKER BLD 30.970 32.720 1:5 1.5 2.0 4.050 5.260 0.000 0.340 SIGN HANGER BLD 26.070 27.570 1.5 1.5 2 .0 3.800 3 .550 0.000 0.000 SPRINKLER FITTER BLD 30.040 31.540 1.5 1.5 2 .0 3.400 2.900 0.000 0.150 STEEL ERECTOR ALL 29.690 31.180 2.0 2 .0 2.0 4.290 11.28 0.000 0.250 STONE MASON BLD 29.300 31.300 1.5 1.5 2.0 4.300 4.580 0.000 0.120 TELECOM WORKER ALL 22.900 24.400 1.5 1.5 2 .0 3 .000 2.650 1.430 0.000 TERRAZZO MASON BLD 27.370 28.870 2.0 1.5 2 .0 4.300 5.050 0.000 0.160 TILE MASON BLD 28.420 30.420 2 .0 1.5 2 .0 3.500 4.350 0.000 0.400 TRAFFIC SAFETY WRKR HWY 19.650 21.150 1.5 1.5 1.5 2.100 0.900 0.000 0.000 TRUCK DRIVER ALL 1 25.300 25.850 1.5 1.5 2.0 3 .950 2 .750 0.000 0.000 TRUCK DRIVER ALL 2 24.450 25.850 1.5 1.5 2 .0 3.950 2.750 0.000 0.000 �- 1(0 http://www.state.il.us/agency/idol/cm/EVENMO/KANExxxx.htm 2/1/02 Kane County Prevailing Wage for February 2002 Page 2 of 5 TRUCK DRIVER ALL 3 25.650 25.850 1.5 1.5 2.0 3 .950 2.750 0.000 0.000 TRUCK DRIVER ALL 4 25.850 25.850 1.5 1.5 2.0 3.950 2.750 0.000 0.000 TUCKPOINTER BLD 29.650 30.650 1.5 1.5 2.0 3 .660 4.500 0.000 0.260 Legend: M-F>8 (Overtime is required for any hour greater than 8 worked each day, Monday through Friday. OSA (Overtime is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations KANE COUNTY ELECTRICIANS AND COMMUNICATIONS TECHNICIAN (NORTH) - Townships of Burlington, Campton, Dundee, Elgin, Hampshire, Plato, Rutland, St. Charles (except the West half of Sec. 26, all of Secs. 27, 33, and 34, South half of Sec. 28, West half of Sec. 35) , Virgil and Valley View CCC and Elgin Mental Health Center. PLUMBERS & PIPEFITTERS (SOUTH) - That part of the county South of Rt. 38. The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDOL. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. COMMUNICATIONS TECHNICIAN Construction, installation, maintenance and removal of telecommunication facilities (voice, sound, data and video) , telephone, security systems, fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal equipment, central offices, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area network) , LAN (local area networks) , and ISDN (integrated system digital http://www.state.il.us/agency/idol/cm/EVENMO/KANExxxx.htm 2/1/02 Kane County Prevailing Wage for February 2002 Page 3 of 5 network) , pulling of wire in raceways, but not the installation of raceways. TRAFFIC SAFETY - work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Crusher, Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment) ; Locomotives, All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised and Blind n_lg 1 http://www.state.il.us/agency/idol/cm/EVENMO/KANExxxx.htm 2/1/02 Kane County Prevailing Wage for February 2002 Page 4 of 5 Hole Drill; Roto Mill Grinder; Scoops —Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Bobcat (over 3/4 cu. yd.) ; Boilers; Brick Forklift; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists, Automatic; Hoists, inside Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (self-propelled) ; Rock Drill (truck mounted) ; Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination - Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators - (Rheostat Manual Controlled) ; Hydraulic Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Pumps, Well Points; Welding Machines (2 through 5) ; Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd. ) . Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarf ire; Asphalt Spreader; Autograder/GOMACO or other similar type machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments) ; Concrete Breaker (Truck Mounted) : Concrete Conveyor; Concrete Paver over 27E cu. ft. ; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Stone, etc. ; Derricks, All; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Welder; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ; Tractor Drawn Belt Loader (with attached pusher - two engineers) ; Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft) ; Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO) . Class 2 . Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (less than 1 cu. yd. Backhoe Bucket or over or with attachments) ; Compressor and Throttle Valve; Compressor, Common Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine, P- http://wvvw.state.il.us/agency/idol/cm/EVENNIO/KANExxxx.htm 2/1/02 Kane County Prevailing Wage for February 2002 Page 5 of 5 Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type) ; Drills, All; Finishing Machine - Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc. , self-propelled; Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc. ; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size) ; Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc. ; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc. ; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling) ; Hydro-Blaster; Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed a total of 300 ft. ) ; Pumps, Well Points; Tractaire; Welding Machines (2 through 5) ; Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all) ; Brick Forklists; Oilers. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If there is no such definition on file, the Bureau of Labor Statistics SIC list will be used. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. Further, if no such neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. 7-Lc) http://www.state.il.us/agency/idol/cm/EVENMO/KANExxxx.htm 2/1/02 .r AGREEMENT THIS AGREEMENT is dated this .2 7 day of dar,h , 20 0 Z. by and between the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Oyriqivlc) Co ,oryliw, (herein called "Contractor"), a with a principal place of business at 23 Co cecQ Or i v c, df�'c3 c' f C , 6 O S 93 • WHEREAS, on February 12,2002 the City released an Invitation for Bids entitled BIG TIMBER ROAD LIGHTING PROJECT; and WHEREAS, Contractor submitted a timely bid on MARCH 5, 2002; and WHEREAS, the City Council has deemed Contractor to be the lowest price responsive and responsible bidder for BIG TIMBER ROAD LIGHTING PROJECT, hereinafter referred to as. "Work;" NOW THEREFORE, in consideration of the mutual covenants herein set forth, the sufficiency of which is hereby acknowledges, the parties hereto hereby agree as follows: Article 1. Work. Contractor shall complete the Work as specified in the Contract Documents . The Work is generally described as follows: Big Timber Road-Lighting Project:Roadway lighting, including to but not limited to roadway fixtures and associated foundations, electrical service entrances, roadway lighting controllers, and approximately 5,000 LF of power conductors in conduit. Article 2. ENGINEER. The Work has been designed by Crawford, Murphy&Tilly, Inc ("Engineer"). Engineer shall act as City's representative and shall assume and provide such duties and obligations to the extent provided in the Contract Documents. Article 3. Work COMPLETION, LIQUIDATED DAMAGES, DELAYS AND DAMAGES. 3.1. Work Completion. The Work shall be completed as provided in the Contract Documents. [insert milestone dates here] In the event of any conflict between these dates and dates elsewhere in the Contract Documents, these dates shall prevail. Time is of the essence of this Agreement. 3.2. Liquidated Damages. City and Contractor agree that as reasonable liquidated damages for delay(but not as a penalty)Contractor shall pay City$ 550 for each day beyond the time specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the times specified in the Contract Documents (hereinafter referred to as"Contract Times")or any proper extension thereof granted by City, Contractor shall pay City$ 550 for each day beyond the time for Final Completion. City of Elgin City-Contractor Agreement ,A— Page 1 3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. Article 4. CONTRACT PRICE. City shall pay Contractor$ /G:l, 7S 6. °° as indicated in the Contractor's Bid for completion of the Work in accordance with the Contract Documents. Article 5. PAYMENTS. 5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by Engineer, in conformance with the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the Work measured by the schedules provided in the Contract Documents. 5.2. Retainage. City may withhold,from all payments prior to Substantial Completion, an amount equal to up to ten percent(10%)of work completed, at City's sole discretion. Upon Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole discretion. The time for payment of any retainage from City to Contractor shall be at City's sole discretion. Such payment shall not be unreasonably withheld. 5.3. Final Payment. The City shall not be required to make final payment prior to completion and acceptance of the Work by the City. Article 6. CONTRACT DOCUMENTS. There are no Contract Documents other than those listed below. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: a. This Agreement. b. Certificates of Insurance. c. Bonds. d. Notice of Award. e. Notice to Proceed. f. General Conditions. g. Supplementary Conditions. h. Specifications. i. Drawings consisting of Ten (10) sheets,with each sheet bearing one of the following general titles: 1. COVER City of Elgin City-Contractor Agreement A- Page 2 2. SITE PLAN, GENERAL NOTES& SUMMARY OF QUANTITIES 3.-7. LIGHTING PLAN 8. ROADWAY LIGHTING CONTROLLER DETAILS 9. ELECTRICAL DETAILS 1 10. ELECTRICAL DETAILS 2 Sheet titles are listed on the cover sheet of each drawing set. j. Any Addenda. I. Contractor's Bid. m. City Forms. n. Any subsequent Written Amendments to any documents listed above and other documents amending, modifying, or supplementing the Contract Documents,which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. This Agreement and the Contract Documents listed above comprise the sole and exclusive Agreement between the parties hereto. There are no other agreements between the parties hereto either oral or written, and neither this Agreement nor any Contract Documents shall be modified or amended without the written consent of the authorized representatives of the parties hereto. Article 7. MISCELLANEOUS. a. Terms used in this Agreement shall have the meanings indicated in the General Conditions. b. No assignment or delegation by a party hereto of any rights under, obligations or interests in the Contract Documents shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. c. City and Contractor each binds itself, its partners, successors, employees, assigns, and agents to the other party hereto, its partners, successors, employees, assigns, and agents in respect of all covenants, agreements, and obligations contained in the Contract Documents. d. The business address of Contractor is hereby designated as the place to which all notices, letters, and other communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the place to which all notices, letters, and other communication to City shall be mailed or delivered. Such notices, letters and other communications shall be directed to the City's General Services Manager. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. e. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. City of Elgin City-Contractor Agreement A— Page 3 f. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with the Agreement shall be in the Circuit Court of Kane County, Illinois. g. This Agreement shall not be construed so as to create a partnership,joint venture, employment or agency relationship between the parties hereto except as may be specifically provided for herein. h. In the event of any conflict between any of the terms or provisions of this Agreement and any other Contract Documents, the terms and provisions of this Agreement shall control. i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Contractor or Contractor's officers, employees,agents or subcontractors in the performance of this agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. IN WITNESS WHEREOF, City and Contractor have signed this Agreement. One counterpart each has been delivered to City, Contractor, Surety, and Engineer. This Agreement shall be effective on OU c2/ O 0 2 City: ( '( 0l• tk.G. CONTRACT'iR: Uti ity Dynamics at'o AWArjr By id %Ij By .w:-+� r '.pencer Title:A. . -nt Address for giving notices :dress ' giving notices 23 Commerce Drive Oswego, IL 60543 Approved as to Form FEIN # 36-2776022 Attorney for City City of Elgin City-Contractor Agreement A- Page 4 • • Bond No. 929246304 PERFORMANCE BOND We, the undersigned, Utility Dynamics Corporation (Name of Contractor) 23 Commerce Drive, Oswego, IL 60543 (Address of Contractor) • Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and National Fire Insurance Company ,of Hartford (Name of Surety) 3500 Lacey Rd. , Ste. 1050, Downers Grove,,II. 6051,krAddress of Surety) hereinafter called "Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin, II 60120, hereinafter called'Owner", in the sum of One Hundred Si xty Two Thousand Seven Hundred Fifty Six & 60/100 Dollars($162,756.60 ). We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. Principal has entered into a certain contract with Owner,dated the day of , 20j ,a copy of which is attached hereto and made a part hereof,for the project known as: • • BIG TIMBER ROAD LIGHTING PROJECT and Principal and Surety hereby bind themselves to Owner for the performance of the contract Now, therefore, if Principal shalt well, truly and faithfully perform its duties, all the undertakings,covenants,terms,conditions,and agreements of said contract during the original term thereof,and any extensions thereof which may be granted by Owner,with or without notice to Surety and during the guaranty period set forth in the contract,and if it shall satisfy all claims, obligations, requirements and demands incurred pursuant to such contract, and shall fully indemnify and save harmless Owner from all costs,damages, suits,causes of action and any and all other liability of whatsoever nature, which it may suffer by reason of Principal's failure to do so,and shall reimburse and repay Owner all outlay and expense which Owner may incur in making good any default,then this obligation shall be void;otherwise,this bond shall remain in full force and effect;provided,further,that the said Surety for value received hereby agrees that no change, extension of time, alteration or addition to the terms of such contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond. Surety hereby waives notice of any such changes,extensions of time, alterations or additions to the terms of such contract or to the work or specifications provided for therein_ • Provided,further,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS HE; OF, ' s instrument is executed on thisl2thday of Apri 1 ,20 02 CONTRA 0=/S r NCIPAL SURETY Util v D,"a Corporation National Rre Insurance Company of Hartford AN At a' (Signature) f, N. and T" e: Joseph B. Spencer Name and Title:Dawn L. Morgan President Attorney-in-Fact f ,.�'' SEAL PNce • PAYMENT BOND Bond No. 929246304 We, the undersigned, Utility Dynamics Corporation (Name of Contractor) 23 Commerce Drive, Oswego, IL 60543 • (Address of Contractor) Corporation (Corporation, Partnership or Individual),hereinafter called"Principal", and National Fire Insurance Company of Hartford (Name of Surety) 3500 Lacey Rd. , Downers Grove, IL 60515 (Address of Surety) • hereinafter called"Surety", are held and firmly bound unto the CITY OF ELGIN, 150 Dexter Court, Elgin, IL 60120, hereinafter called"Owner", in the sum of * Dollars ($162,7 56,60 ). We hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. *One Hundred Sixty Two Thousand Seven Hundred Fifty Six and 60/100 Principal has entered into a certain contract with Owner dated the_day of 20 02, a copy of which is attached hereto and made a part hereof,for the project known as BIG TIMBER ROAD LIGHTING PROJECT Now, therefore, if Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for all materials used in connection with the work, and shall promptly make payment for all insurance premiums on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise this bond shall remain in full force and effect. Surety for value received hereby agrees that no changes, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the contract or to the work or specifications. Provided, further,that no final settlement between the Owner and the Contractor shalt abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed on thisl2th day of April . 2002. CONTRACT AS INCIPAL SURETY Utilit D a Corpor 'on National Fire Insurance Company of Hartford VL)dtuiY\ c;( (Sig ) (Signature) / Na a nd T : oseph B. Spencer Name and Title: Dawn L. Morgan President Attorney-in-Fact � r SEAL ���.- I • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company, National Fire Insurance Company of Hartford,and American Casualty Company of Reading, Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint James Scheer, Michael J. Scheer,Alice Rhoads, Richard M. Scheer,James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A.Jacobs, Elaine Marcus, Individually of Countryside, Illinois their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --- In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 31st day of July,2001. G1�Ui�r %%SUR o0 YEF �° 41, Continental Casualty Company 4% coneon rt ! ; kg arw,.(co044 National Fire Insurance Company of Hartford DULY 71, American Casualty Company of Reading,Pennsylvania OV ` a SEAL t-- s < 7 192 144 1897 HAUTE° • _' ^ / Michael Gengler Group Vice President State of Illinois, County of Cook,ss: On this 31st day of July,2001, before me personally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. •• "OFFICIAL SEAL' • • DIANE FAULKNER • i Rotary Pubis.Mato of Semis i •• My Commission Wino VIM j My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford,and American Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 12th day of April , 2002 . 1AsU. tt4SUR 50014r oF� 1 '�No Continental Casualty Company aaorurp 4, CM c g dreap�4T _ National Fire Insurance Company of Hartford F ; Fd American Casualty Company of Reading, Pennsylvania Y D JUL 11. u SEAL �c ds < 1972 1897 HART I. • Mary A. Ribikawskis Assistant Secretary (Rev. 1/23/01) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors, may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of Illinois} } ss. County of Cook } On April 12,2002 ,before me,a Notary Public in and for said County and State, residing therein,duly commissioned and sworn, personally appeared Dawn L. Morgan known to me to be Attorney-in-Fact of National Fire Insurance Company of Hartford the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires 5/11/2006 Alice Rhoads,Notary Public "OFFICIAL SEAL" ALICE RHOADS NOTARY PUBLIC,STATE OF ILLINOIS Fr"COMPASSION EXPIRES 511112006 BIG TIMBER ROAD LIGHTING PROJECT CITY OF ELGIN, ILLINOIS SPECIAL CONDITIONS TABLE OF CONTENTS Title Page Number Standard General Conditions of the Construction Contract (green pages) 1-33 Supplementary Conditions 1-2 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These General Conditions are based upon the EJCDC No. 1910-8(1996 Edition)and have been modified by the City of Elgin Illinois. 00700- 1 Copyright©1996 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Consulting Engineers Council 1015 15th Street N.W.,Washington,DC 20005 American Society of Civil Engineers 345 East 47th Street,New York,NY 10017 00700-2 • TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 00700-6 1.01 Defined Terms 00700-8 1.02 Terminology 00700-8 ARTICLE 2-PRELIMINARY MA 1.11,RS 00700-8 2.01 Delivery of Bonds 00700-8 2.02 Copies of Documents 00700-9 2.03 Commencement of Contract Times;Notice to Proceed 00700-9 2.04 Starting the Work 00700-9 2.05 Before Starting Construction 00700-9 2.06 Preconstruction Conference 00700-9 2.07 Initial Acceptance of Schedules 00700-9 ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 00700-9 3.01 Intent 00700-9 3.02 Reference Standards 00700-9 ' 3.03 Reporting and Resolving Discrepancies 00700-9 3.04 Amending and Supplementing Contract Documents 00700- 10 3.05 Reuse of Documents 00700- 10 ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 00700- 10 4.01 Availability of Lands 00700- 10 4.02 Subsurface and Physical Conditions 00700- 10 4.03 Differing Subsurface or Physical Conditions 00700- 10 4.04 Underground Facilities 00700- 11 4.05 Reference Points 00700- 12 4.06 Hazardous Environmental Condition at Site 00700- 12 ARTICLE 5-BONDS AND INSURANCE 00700- 12 5.01 Performance,Payment, and Other Bonds 00700- 13 5.02 Licensed Sureties and Insurers 00700- 13 . 5.03 Certificates of Insurance 00700- 13 5.04 CONTRACTOR's Liability Insurance 00700- 14 5.05 OWNER's Liability Insurance 00700- 14 5.06 Waiver of Rights 00700- 14 5.07 Acceptance of Bonds and Insurance;Option to Replace 00700- 14 5.08 Partial Utilization,Acknowledgment of Property Insurer 00700- 14 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 00700- 15 6.01 Supervision and Superintendence 00700- 15 6.02 Labor; Working Hours 00700- 15 6.03 Services,Materials, and Equipment 00700- 15 6.04 Progress Schedule 00700- 15 6.05 Substitutes and "Or-Equals" 00700- 15 6.06 Concerning Subcontractors,Suppliers, and Others 00700- 16 6.07 Patent Fees and Royalties 00700- 17 6.08 Permits 00700- 17 6.09 Laws and Regulations 00700- 17 6.10 Taxes 00700- 17 6.11 Use of Site and Other Areas 00700- 17 6.12 Record Documents 00700- 18 6.13 Safety and Protection 00700- 18 6.14 Safety Representative 00700- 18 6.15 Hazard Communication Programs 00700- 18 6.16 Emergencies 00700- 18 6.17 Shop Drawings and Samples 00700- 18 6.18 Continuing the Work 00700- 19 6.19 CONTRACTOR's General Warranty and Guarantee 00700-91 00700-3 6.20 Indemnification 00700-20 ARTICLE 7-OTHER WORK 00700-20 7.01 Related Work at Site 00700-20 7.02 Coordination 00700-21 ARTICLE 8-OWNER'S RESPONSIBILITIES 00700-21 8.01 Communications to Contractor 00700-21 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 00700-22 9.01 OWNER'S Representative 00700-22 9.02 Visits to Site 00700-22 9.03 Project Representative 00700-22 9.04 Clarifications and Interpretations 00700-22 9.05 Authorized Variations in Work 00700-22 9.06 Rejecting Defective Work 00700-22 9.07 Shop Drawings, Change Orders and Payments 00700-22 9.08 Determinations for Unit Price Work 00700-22 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 00700-22 9.10 Limitations on ENGINEER's Authority and Responsibilities 00700-23 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 00700-23 10.01 Authorized Changes in the Work 00700-23 10.02 Unauthorized Changes in the Work 00700-23 10.03 Execution of Change Orders 00700-23 10.04 Notification to Surety 00700-23 10.05 Claims and Disputes 00700-23 • ARTICLE 11 -COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 00700-24 11.01 Cost of the Work 00700-24 11.02 Cash Allowances 00700-26 11.03 Unit Price Work 00700-26 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 00700-26 12.01 Change of Contract Price 00700-26 12.02 Change of Contract Times 00700-27 12.03 Delays Beyond CONTRACTOR's Control 00700-27 12.04 Delays Within CONTRACTOR's Control 00700-27 12.05 Delays Beyond OWNER'S and CONTRACTOR'S Control 00700-27 12.06 Delay Damages 00700-27 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 00700-27 13.01 Notice of Defects 00700-27 • 13.02 Access to Work 00700-27 13.03 Tests and Inspections 00700-27 13.04 Uncovering Work 00700-28 13.05 OWNER May Stop the Work 00700-28 13.06 Correction or Removal of Defective Work 00700-28 13.07 Correction Period 00700-28 13.08 Acceptance of Defective Work 00700-29 13.09 OWNER May Correct Defective Work 00700-29 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 00700-29 14.01 Schedule of Values 00700-29 14.02 Progress Payments 00700-29 14.03 CONTRACTOR's Warranty of Title 00700-30 14.04 Substantial Completion 00700-30 14.05 Partial Utilization 00700-31 14.06 Final Inspection 00700-31 14.07 Final Payment 00700-31 14.08 Final Completion Delayed 00700-32 00700-4 M t 14.09 Waiver of Claims 00700-32 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 00700-32 15.01 OWNER May Suspend Work 00700-32 15.02 OWNER May Terminate for Cause 00700-32 15.03 OWNER May Terminate For Convenience 00700-32 15.04 CONTRACTOR May Stop Work or Terminate 00700-32 ARTICLE 16-DISPUTE RESOLUTION 00700-33 16.01 Methods and Procedures 00700-33 ARTICLE 17-MISCELLANEOUS 00700-33 17.01 Giving Notice 00700-33 17.02 Computation of Times 00700-33 17.03 Cumulative Remedies 00700 33 17.04 Survival of Obligations 00700-33 17.05 Controlling Law 00700-33 17.06 Professional Fees and Court Costs Included. . . 00700-33 17.07 Prevailing Wage 00700-33 00700-5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include the Agreement,Addenda(which pertain to the 1.01 Defined Terms Contract Documents),CONTRACTOR's Bid(including documentation accompanying the Bid and any post Bid A. Wherever used in the Contract Documents and documentation submitted prior to the Notice of Award), printed with initial or all capital letters,the terms listed the Notice to Proceed,the Bonds,Certificates of below shall have the meanings indicated which are Insurance,these General Conditions,the Supplementary applicable to both the singular and plural thereof. Conditions,the Specifications and the Drawings as the same are more specifically identified in the Agreement, 1. Addenda--Written or graphic instruments issued together with all Written Amendments,Change Orders, prior to the opening of Bids which clarify,correct,or Work Change Directives,Field Orders,and change the Bidding Requirements or the Contract ENGINEER's written interpretations and clarifications Documents. issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings 2. Agreement--The written instrument which is of subsurface and physical conditions are not Contract evidence of the agreement between OWNER and Documents. Only printed or hard copies of the items CON TRACTOR covering the Work. listed in this paragraph are Contract Documents. Files in electronic media format of text,data,graphics,and the 3. Application for Payment--The form acceptable like that may be furnished by OWNER to to ENGINEER which is to be used by CON TRACTOR CONTRACTOR are not Contract Documents. during the course of the Work in requesting progress or final payments and which is to be accompanied by such 13. Contract Price--The moneys payable by supporting documentation as is required by the Contract OWNER to CONTRACTOR for completion of the Documents. Work in accordance with the Contract Documents as stated in the Agreement(subject to the provisions of 4. Asbestos--Any material that contains more than paragraph 11.03 in the case of Unit Price Work). one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels 14. Contract Times--The number of days or the established by the United States Occupational Safety dates stated in the Agreement to:(i)achieve Substantial and Health Administration. Completion;and(ii)complete the Work so that it is ready for final payment as evidenced by ENGINEER's 5. Bid--The offer or proposal of a bidder written recommendation of final payment. submitted on the prescribed form setting forth the prices for the Work to be performed. 15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement. 6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents 16. Cost of the Work--See paragraph 11.01.A for (including all Addenda issued prior to receipt of Bids). definition. 7. Bidding Requirements--The Advertisement or 17. Drawings or Plans--That part of the Contract Invitation to Bid,Instructions to Bidders,Bid security Documents prepared or approved by ENGINEER which form,if any,and the Bid form with any supplements. graphically shows the scope,extent,and character of the Work to be performed by CONTRACTOR. Shop 8. Bonds--Performance and payment bonds and Drawings and other CONTRACTOR submittals are not other instruments of security. Drawings as so defined. 9. Change Order—as defined by Elgin Municipal 18. Effective Date of the Agreement--The date Code Section 5.04.020 and 720 ILCS et seq.,as indicated in the Agreement on which it becomes amended. effective,but if no such date is indicated,it means the date on which the Agreement is signed and delivered by 10. Claim--A demand or assertion by OWNER or the last of the two parties to sign and deliver. CONTRACTOR seeking an adjustment of Contract Price or Contract Times,or both,or other relief with 19. ENGINEER--The individual or entity named as respect to the terms of the Contract. A demand for such in the Agreement. money or services by a third party is not a Claim. 20. ENGINEER's Consultant--An individual or 11. Contract--The entire and integrated written entity having a contract with ENGINEER to furnish agreement between the OWNER and CONTRACTOR services as ENGINEER's independent professional concerning the Work. The Contract supersedesprior associate or consultant with respect to the P Project and negotiations,representations,or agreements,whether who is identified as such in the Supplementa written or oral. Conditions. 00700-6 21. Field Order--A written order issued by 35. Project Manual--The bound documentary ENGINEER which requires minor changes in the Work information prepared for bidding and constructing the but which does not involve a change in the Contract Work. A listing of the contents of the Project Manual, Price or the Contract Times. which may be bound in one or more volumes,is contained in the table(s)of contents. 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain 36. Radioactive Material—Source,special nuclear, to all sections of the Specifications. or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended 23. Hazardous Environmental Condition--The from time to time. presence at the Site of Asbestos,PCBs,Petroleum, Hazardous Waste,or Radioactive Material in such 37. Resident Project Representative--The quantities or circumstances that may present a authorized representative of ENGINEER who may be substantial danger to persons or property exposed assigned to the Site or any part thereof. thereto in connection with the Work. 38. Samples—Physical examples of materials, 24. Hazardous Waste--The term Hazardous Waste equipment,or workmanship that are representative of shall have the meaning provided in Section 1004 of the some portion of the Work and which establish the Solid Waste Disposal Act(42 USC Section 6903)as standards by which such portion of the Work shall be amended from time to time. judged. 25. Laws and Regulations;Laws or Regulations-- 39. Shop Drawings--All drawings,diagrams, Any and all applicable laws,rules,regulations, illustrations,schedules,and other data or information ordinances,codes,and orders of any and all which are specifically prepared or assembled by or for governmental bodies,agencies,authorities,and courts CONTRACTOR and submitted by CONTRACTOR to having jurisdiction. illustrate some portion of the Work. 26. Liens--Charges,security interests,or 40. Site--Lands or areas indicated in the Contract encumbrances upon Project funds,real property,or Documents as being furnished by OWNER upon which personal property. the Work is to be performed,including rights-of-way and easements for access thereto,and such other lands 27. Milestone--A principal event specified in the furnished by OWNER which are designated for the use Contract Documents relating to an intermediate of CON TRACTOR. completion date or time prior to Substantial Completion of all the Work. 41. Specifications--That part of the Contract Documents consisting of written technical descriptions 28. Reserved of materials,equipment,systems,standards,and workmanship as applied to the Work and certain 29. Notice to Proceed--A written notice given by administrative details applicable thereto. OWNER to CONTRACTOR fixing the date on which the Contract Times shall commence to run and on which 42. Subcontractor--An individual or entity having a CON TRACTOR shall start to perform the Work under direct contract with CONTRACTOR or with any other I the Contract Documents. Subcontractor for the performance of a part of the Work at the Site. 30. OWNER--The City of Elgin 43. Substantial Completion--The time at which the 31. Partial Utilization--Use by OWNER of a Work(or a specified part thereof)has progressed to the substantially completed part of the Work for the purpose point where,in the opinion of ENGINEER,the Work for which it is intended(or a related purpose)prior to (or a specified part thereof)is sufficiently complete,in . Substantial Completion of all the Work. accordance with the Contract Documents,so that the Work(or a specified part thereof)can be utilized for the 32. PCBs--Polychlorinated biphenyls. purposes for which it is intended. The terms i "substantially complete"and"substantially completed" 33. Petroleum--Petroleum,including crude oil or as applied to all or part of the Work refer to Substantial any fraction thereof which is liquid at standard Completion thereof. conditions of temperature and pressure(60 degrees Fahrenheit and 14.7 pounds per square inch absolute), 44. Supplementary Conditions--That part of the such as oil,petroleum,fuel oil,oil sludge,oil refuse, Contract Documents which amends or supplements gasoline,kerosene,and oil mixed with other these General Conditions. non-Hazardous Waste and crude oils. 45. Supplier--A manufacturer,fabricator,supplier, 34. Project--The total construction of which the distributor,materialman,or vendor having a direct Work to be performed under the Contract Documents contract with CONTRACTOR or with any may be the whole,or a part,as may be indicated Subcontractor to furnish materials or equipment to be elsewhere in the Contract Documents. incorporated in the Work by CONTRACTOR or any Subcontractor. 00700-7 46. Underground Facilities--All underground responsibility contrary to the provisions of paragraph pipelines,conduits,ducts,cables,wires,manholes, 9.10 or any other provision of the Contract Documents. vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such B. Day facilities,including those that convey electricity,gases, steam,liquid petroleum products,telephone or other 1. The word"day"shall constitute a calendar day communications,cable television,water,wastewater, of 24 hours measured from midnight to the next storm water,other liquids or chemicals,or traffic or midnight. other control systems. C. Defective 47. Unit Price Work--Work to be paid for on the basis of unit prices. 1. The word"defective,"when modifying the word"Work,"refers to Work that is unsatisfactory, 48. Work--The entire completed construction or the faulty,or deficient in that it does not conform to the various separately identifiable parts thereof required to Contract Documents or does not meet the requirements be provided under the Contract Documents. Work of any inspection,reference standard,test,or approval includes and is the result of performing or providing all referred to in the Contract Documents,or has been labor,services,and documentation necessary to produce damaged prior to ENGINEER's recommendation of such construction,and furnishing,installing,and frnaI payment(unless responsibility for the protection incorporating all materials and equipment into such thereof has been assumed by OWNER at Substantial construction,all as required by the Contract Documents. Completion in accordance with paragraph 14.04 or 14.05). 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of D. Furnish, Install,Perform,Provide the Agreement and signed by OWNER ordering an addition,deletion,or revision in the Work,or 1. The word"furnish,"when used in connection responding to differing or unforeseen subsurface or with services,materials,or equipment,shall mean to physical conditions under which the Work is to be supply and deliver said services,materials,or equipment performed or to emergencies. A Work Change Directive to the Site(or some other specified location)ready for shall not change the Contract Price or the Contract use or installation and in usable or operable condition. Times but is evidence that the parties expect that the change ordered or documented by a Work Change 2. The word"install,"when used in connection Directive shall be incorporated in a subsequently issued with services,materials,or equipment,shall mean to put Change Order following negotiations by the parties as to into use or place in fmal position said services, its effect, if any,on the Contract Price or Contract materials,or equipment complete and ready for intended Times. use. 50. Written Amendment--A written statement 3. The words"perform"or"provide,"when used modifying the Contract Documents,signed by OWNER in connection with services,materials,or equipment, and CONTRACTOR on or after the Effective Date of shall mean to furnish and install said services,materials, the Agreement and normally dealing with the or equipment complete and ready for intended use. nonengmeering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 4. When"furnish,""install,""perform,"or "provide"is not used in connection with services, 1.02 Terminology materials,or equipment in a context clearly requiring an obligation of CONTRACTOR,"provide"is implied. A. Intent of Certain Terms or Adjectives E. Unless stated otherwise in the Contract Documents, 1. Whenever in the Contract Documents the terms words or phrases which have a well-known technical or "as allowed,""as approved,"or terms of like effect or construction industry or trade meaning are used in the import are used,or the adjectives"reasonable," Contract Documents in accordance with such recognized "suitable,""acceptable,""proper,""satisfactory,"or meaning. adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work,. it is intended that such action or determination shall be ARTICLE 2-PRELIMINARY MATTERS solely to evaluate,in general,the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the 2.01 Delivery of Bonds design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents A. When CONTRACTOR delivers the executed (unless there is a specific statement indicating Agreements to OWNER,CONTRACTOR shall also deliver otherwise). The use of any such term or adjective shall to OWNER such Bonds and certificates of insurance as not be effective to assign to ENGINEER any duty or CONTRACTOR may be required to furnish. authority to supervise or direct the performance of the Work or any duty or authority to undertake 2.02 Copies of Documents 00700-8 A. OWNER shall furnish to CONTRACTOR up to ten the Site is started,a conference attended by copies of the Contract Documents. Additional copies shall CONTRACTOR,ENGINEER,the OWNER and others as be furnished upon request at the cost of reproduction. appropriate shall be held to establish a working understanding among the parties as to the Work and to 2.03 Commencement of Contract Times;Notice to discuss the schedules referred to in paragraph 2.05.B, Proceed procedures for handling Shop Drawings and other submittals,processing Applications for Payment, and A. The Contract Times shall commence to run on the maintaining required records. thirtieth day after the Effective Date of the Agreement or,if a Notice to Proceed is given,on the day indicated in the 2.07 Initial Acceptance of Schedules: reserved Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING,REUSE 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on 3.01 Intent the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the A. The Contract Documents are complementary;what Contract Times commence to run. is called for by one is as binding as if called for by all. 2.05 Before Starting Construction B. Any applicable labor, documentation, . services, A: CONTRACTOR's Review of Contract Documents: materials,or equipment that may reasonably be inferred from Before undertaking each part of the Work,CONTRACTOR the Contract Documents or from prevailing custom or trade shall carefully study and compare the Contract Documents usage as being required to produce the intended result shall be and check and verify pertinent figures therein and all provided whether or not specifically called for at no additional applicable field measurements. CONTRACTOR shall cost to OWNER. promptly report in writing to ENGINEER any conflict, error,ambiguity,or discrepancy which CONTRACTOR C. Clarifications and interpretations of the Contract may discover and shall obtain a written interpretation or Documents shall be issued by ENGINEER as provided in • clarification from ENGINEER before proceeding with any Article 9. Work affected thereby;however,CON TRACTOR shall not be liable to OWNER or ENGINEER for failure to r ort 3.02 Reference Standards eP any conflict,error,ambiguity,or discrepancy in the Contract Documents unless CONTRACTOR knew or A. Standards, Specifications, Codes, Laws, and reasonably should have known thereof. Regulations B. Preliminary Schedules: Within ten days after the 1. Reference to standards, specifications,manuals, Effective Date of the.Agreement(unless otherwise specified or codes of any technical society, organization, or in the General Requirements),CON TRACTOR shall submit association, or to Laws or Regulations, whether such to ENGINEER for its timely review: reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 1. a preliminary progress schedule indicating the Regulations in effect at the time of opening of Bids,except times(numbers of days or dates)for starting and as may be otherwise specifically stated in the Contract completing the various stages of the Work,including Documents. any Milestones specified in the Contract Documents; 2. No provision of any such standard,specification, 2. a preliminary schedule of Shop Drawing and manual or code, or any instruction of a Supplier shall be Sample submittals which shall list each required effective to change the duties or responsibilities of submittal and the times for submitting,reviewing,and OWNER, CONTRACTOR, or ENGINEER, or any of processing such submittal;and their subcontractors, consultants, agents, or employees I from those set forth in the Contract Documents,nor shall 3. a preliminary schedule of values for all of the any such provision or instruction be effective to assign to Work which includes quantities and prices of items OWNER, ENGINEER, or any of ENGINEER's which when added together equal the Contract Price and Consultants,agents,or employees any duty or authority to subdivides the Work into component parts in sufficient supervise or direct the performance of the Work or any detail to serve as the basis for progress payments during duty or authority to undertake responsibility inconsistent performance of the Work. Such prices shall include an with the provisions of the Contract Documents. appropriate amount of overhead and profit applicable to each item of Work. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 2.06 Preconstruction Conference 1. If, during the performance of the Work, A. Within 10 days after the date of delivery of the CONTRACTOR discovers any conflict,error,ambiguity, Project Schedules referenced herein but before any Work at or discrepancy within the Contract Documents or between 00700-9 the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard,specification,manual or code,or of any 4.01 Availability of Lands instruction of any Supplier,CONTRACTOR shall report it to ENGINEER in writing within three business days. A. OWNER shall furnish reasonable access to the Site. CONTRACTOR shall not proceed with the Work affected OWNER shall notify CON TRACTOR of any encumbrances thereby(except in an emergency as required by paragraph or restrictions not of general application but specifically 6.16.A)until an amendment or supplement to the Contract related to use of the Site with which CONTRACTOR must Documents has been issued by OWNER or ENGINEER as comply in performing the Work. OWNER shall obtain in a provided for herein. timely manner and pay for easements for permanent structures or permanent changes in existing facilities. B. Resolving Discrepancies B. CONTRACTOR shall provide for all additional lands 1. Except as may be otherwise specifically stated in and access thereto that may be required for temporary the Contract Documents, the provisions of the Contract construction facilities or storage of materials and equipment. Documents shall take precedence in resolving any conflict, error,ambiguity,or discrepancy between the provisions of 4.02 Subsurface and Physical Conditions the Contract Documents and: A. Reports and Drawings: The Supplementary a. the provisions of any standard,specification, Conditions identify: manual, code, or instruction (whether or not specifically incorporated by reference in the Contract 1. those reports of explorations and tests of Documents); provided however, that any conflict subsurface conditions at or contiguous to the Site that between the provisions of the Contract Documents ENGINEER has used in preparing the Contract and any Laws or Regulations applicable to the Documents;and performance of the Work shall be resolved in favor of the Laws or Regulations. 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or 3.04 Amending and Supplementing Contract Documents contiguous to the Site(except Underground Facilities)that ENGINEER has used in preparing the Contract A. The Contract Documents may be amended to provide Documents. for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the B. Limited Reliance by CONTRACTOR on Technical following ways: (i) a Written Amendment; (ii) a Change Data Authorized: CON IRACTOR may rely upon the Order;or(iii)a Work Change Directive. general accuracy of the "technical data" contained in such reports and drawings,but such reports and drawings are not B. The requirements of the Contract Documents may be Contract Documents. Such"technical data" is identified in supplemented, and minor variations and deviations in the the Supplementary Conditions. Except for such reliance on Work may be authorized, by one or more of the following such"technical data,"CON IRACTOR may not rely upon or ways:(i)a Field Order;(ii)ENGINEER's approval of a Shop make any Claim against OWNER, ENGINEER, or any of Drawing or Sample; or (iii) ENGINEER's written ENGINEER's Consultants with respect to: interpretation or clarification. 1. the completeness of such reports and drawings for 3.05 Reuse of Documents CONTRACTOR's purposes,including,but not limited to, any aspects of the means,methods,techniques,sequences, A. CONTRACTOR and any Subcontractor or Supplier or and procedures of construction to be` employed by other individual or entity performing or furnishing any of the CONTRACTOR, and safety precautions and programs Work: (i)shall not have or acquire any title to or ownership incident thereto;or rights in any of the Drawings, Specifications, or other documents(or copies of any thereof)prepared by or bearing 2. other data, interpretations, opinions, and the seal of ENGINEER or ENGINEER's Consultant, information contained in such reports or shown or including electronic media editions; and (ii) shall not reuse indicated in such drawings;or any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other 3. any CONTRACTOR interpretation of or project without written consent of OWNER and ENGINEER conclusion drawn from any"technical data" or any such and specific written ratification by ENGINEER This other data,interpretations,opinions,or information. prohibition shall survive final payment, completion, and acceptance of the Work,or termination or completion of the 4.03 Differing Subsurface or Physical Conditions Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record A. Notice: If CONTRACTOR believes that• any purposes. subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: ARTICLE 4-AVAILABILITY OF LANDS; 1. is of such a nature as.to establish that any SUBSURFACE AND PHYSICAL CONDITIONS; "technical data"on which CONTRACTOR is entitled to REFERENCE POINTS 00700- 10 y J ✓F rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall,promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith(except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid)until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice c. CONTRACTOR failed to give the written as required by paragraph 4.03.A,ENGINEER shall promptly notice promptly and as required by paragraph 4.03.A. review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with d. CONTRACTOR represents he has made a respect thereto,and advise OWNER in writing(with a copy to reasonable inspection of the construction site and CONTRACTOR)of ENGINEER's findings and conclusions. hereby voluntarily waives the incorporation of the • provisions of 30 ILCS 557/1 et seq. and represents C. Possible Price and Times Adjustments that the negotiated contract price is the sole consideration for the construction of the improvement 1. The Contract Price or the Contract Times, or described in this contract. Further,OWNER shall not both,shall be equitably adjusted,in the form of a Change be liable to CONTRACTOR for any amount of money Order, to the extent that the existence of such differing over the negotiated contract price. subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required 3. OWNER, ENGINEER, and ENGINEER's for, performance of the Work; subject, however, to the Consultants shall not be liable to CONTRACTOR for any following: claims,costs,losses,or damages(including but not limited to all fees and charges of engineers,architects,attorneys, a. such condition must meet any one or more of and other professionals and all court or arbitration or other the categories described in paragraph 4.03.A;and dispute resolution costs)sustained by CONTRACTOR on or in connection with any other project or anticipated b. with respect to Work that is paid for on a project. Unit Price Basis, any adjustment in Contract Price shall be subject to the provisions of paragraphs 9.08 4.04 Underground Facilities and 11.03. A. Shown or Indicated:Any information and data shown 2. CONTRACTOR shall not be entitled to any or indicated in the Contract Documents with respect to adjustment in the Contract Price or Contract Times if: existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or a. CONTRACTOR knew of the existence of ENGINEER by the owners of such Underground Facilities, such conditions at the time CONTRACTOR made a including OWNER, or by others. Unless it is otherwise final commitment to OWNER in respect of Contract expressly provided in the Supplementary Conditions: Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;or 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such b. the existence of such condition could information or data;and reasonably have been discovered or revealed as a result of any examination,investigation,exploration, 2. the cost of all of the following shall be included test,or study of the Site and contiguous areas required in the Contract Price,and CONTRACTOR shall have full by the Bidding Requirements or Contract Documents responsibility for: to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment;or a. reviewing and checking all such information and data, 00700- 11 b. locating all Underground Facilities shown or by the ENGINEER in the preparation of the Contract indicated in the Contract Documents, Documents. c. coordination of the Work with the owners of B. Limited Reliance by CONTRACTOR on Technical such Underground Facilities, including OWNER, Data Authorized: CON TRACTOR may rely upon the general during construction,and accuracy of the"technical data"contained in such reports and drawings, but such reports and drawings are not Contract d. the safety and protection of all such Documents. Such "technical data" is identified in the Underground Facilities and repairing any damage Supplementary Conditions. Except for such reliance on such thereto resulting from the Work. "technical data,"CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of B. Not Shown or Indicated ENGINEER's Consultants with respect to: 1. If an Underground Facility is uncovered or 1. the completeness of such reports and drawings for revealed at or contiguous to the Site which was not shown CONTRACTOR's purposes,including,but not limited to, or indicated, or not shown or indicated with reasonable any aspects of the means,methods,techniques,sequences accuracy in the Contract Documents, CONTRACTOR and procedures of construction to be employed by shall,promptly after becoming aware thereof and before CONTRACTOR and safety precautions and programs further disturbing conditions affected thereby or incident thereto;or performing any Work in connection therewith(except in an emergency as required by paragraph 6.16.A),identify 2. other data, interpretations, opinions and the owner of such Underground Facility and give written information contained in such reports or shown or notice to that owner and to OWNER and ENGINEER. indicated in such drawings;or ENGINEER shall promptly review the Underground Facility and determine the extent,if any,to which a change 3. any CONTRACTOR interpretation of or is required in the Contract Documents to reflect and conclusion drawn from any"technical data"or any such document the consequences of the existence or location of other data,interpretations,opinions or information. the Underground Facility. During such time, CON TRACTOR shall be responsible for the safety and C. CONTRACTOR shall not be responsible for any protection of such Underground Facility. Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or 2. If ENGINEER concludes that a change in the Contract Specifications or identified in the Contract Documents to be Documents is required, a Work Change Directive or a within the scope of the Work. CONTRACTOR shall be Change Order may be issued at OWNER'S discretion to responsible for a Hazardous Environmental Condition created reflect and document such consequences. with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom C. The provisions of paragraphs 4.02,4.03,and 4.04 shall not CONTRACTOR is responsible. apply to a Hazardous Environmental Condition uncovered or revealed at the Site. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for 4.05 Reference Points whom CONTRACTOR is responsible creates a Hazardous Environmental Condition,CONTRACTOR shall immediately: A. OWNER shall provide land surveys necessary to (i) secure or otherwise isolate such condition; (ii) stop all establish right of way, easements and property lines. Work in connection with such condition and in any area ENGINEER shall provide base lines, benchmarks and affected thereby (except in an emergency as required by reference points which in ENGINEER'S judgment are paragraph 6.16); and (iii)notify OWNER and ENGINEER necessary to enable CONTRACTOR to proceed with the (and promptly thereafter confirm such notice in writing). Work. CONTRACTOR shall provide all stakes, markers, OWNER shall promptly consult with ENGINEER concerning labor and assistance required by ENGINEER. the necessity for OWNER to retain a qualified expert to CON TRACTOR shall be responsible for laying out the Work, evaluate such condition or take corrective action,if any. shall protect and preserve the established reference points and property monuments, and shall make no changes or E. CONTRACTOR shall not be required to resume Work relocations without the prior written approval of OWNER. in connection with such condition or in any affected area CONTRACTOR shall report to ENGINEER whenever any until after OWNER has obtained any required permits related reference point or property monument is lost or destroyed or thereto and delivered to CONTRACTOR written notice: (i). requires relocation because of necessary changes in grades or specifying that such condition and any affected area is or has locations, and shall be responsible and pay for the accurate been rendered safe for the resumption of Work; or (ii) replacement or relocation of such reference points or property specifying any special conditions under which such Work may monuments by professionally qualified personnel. be resumed safely. 4.06 Hazardous Environmental Condition at Site • F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work or does not agree to A. Reports and Drawings: Reference is made to the resume such Work under such special conditions, then Supplementary Conditions for the identification of those OWNER may order the portion of the Work that is in the area reports and drawings relating to a Hazardous Environmental affected by such condition to be deleted from the Work. Condition identified at the Site,if any,that have been utilized 00700- 12 OWNER shall be entitled to deduct the cost of such Work shall also meet such additional requirements and qualifications from the Contract Price. as may be provided in the Supplementary Conditions. G. To the fullest extent permitted by Laws and 5.03 Certificates of Insurance Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,ENGINEER,ENGINEER's Consultants, A. CON TRACTOR shall deliver to OWNER,with copies and the officers,directors,partners,employees,agents,other to each additional insured identified in the Supplementary consultants,and subcontractors of each and any of them from Conditions, certificates of insurance (and other evidence of and against all claims, costs,losses,and damages(including insurance requested by OWNER or any other additional but not limited to all fees and charges of engineers,architects, insured)which CONTRACTOR is required to purchase and attorneys,and other professionals and all court or arbitration maintain. OWNER shall deliver to CONTRACTOR, with or other dispute resolution costs)arising out of or relating to copies to each additional insured identified in the a Hazardous Environmental Condition created by Supplementary Conditions,certificates of insurance(and other CONTRACTOR or by anyone for whom CONTRACTOR is evidence of insurance requested by CONTRACTOR or any responsible. Nothing in this paragraph shall obligate other additional insured) which OWNER is required to CONTRACTOR to indemnify any individual or entity from purchase and maintain. and against the consequences of that individual's or entity's own negligence. B. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance program afforded to the City of Elgin. There shall be no endorsement ARTICLE 5-BONDS AND INSURANCE or modification of such insurance to make it excess over other available insurance,and alternatively,if the insurance states that it is excess or pro rata,it shall be endorsed to be primary 5.01 Performance,Payment, and Other Bonds with respect to the City of Elgin. A. CONTRACTOR shall furnish performance and C. The policies to be purchased and maintained shall be payment Bonds, each in an amount at least equal to the furnished by insurers with A.M. Best Company rating of at Contract Price as security for the faithful performance and least A- (Excellent) and a financial size category of VIII or payment of all CONTRACTOR's obligations under the greater. Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes 5.04 CONTRACTOR's Liability Insurance due,except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also A. CONTRACTOR shall purchase and maintain such furnish such other Bonds as are required by the Contract liability and other insurance as is appropriate for the Work Documents. being performed and as shall provide protection from claims set forth below which may arise out of or result from B. All Bonds shall be in the form prescribed by the CONTRACTOR's performance of the Work and Contract Documents except as provided otherwise by Laws or CONTRACTOR's other obligations under the Contract Regulations, and shall be executed by such sureties as are Documents, whether it is to be performed by named in the current list of"Companies Holding Certificates CONTRACTOR,any Subcontractor or Supplier,or by anyone of Authority as Acceptable Sureties on Federal Bonds and as directly or indirectly employed by any of them to perform any Acceptable Reinsuring Companies"as published in Circular of the Work,or by anyone for whose acts any of them may be 570(amended)by the Financial Management Service,Surety liable: Bond Branch, U.S. Department of the Treasury or as may otherwise be acceptable to OWNER at OWNER'S discretion. 1. claims under workers' compensation, disability All Bonds signed by an agent must be accompanied by a benefits,and other similar employee benefit acts; certified copy of such agent's authority to act. 2. claims for damages because of bodily injury, C. If the surety on any Bond furnished by occupational sickness or disease, or death of CONTRACTOR is declared bankrupt or becomes insolvent or CONTRACTOR's employees; its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the 3. claims for damages because of bodily injury, requirements of paragraph 5.01.B, CON TRACTOR shall sickness or disease, or death of any person other than within 20 days thereafter substitute another Bond and surety, CONTRACTOR's employees; both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 4. claims for damages insured by reasonably available personal injury liability coverage which are 5.02 Licensed Sureties and Insurers sustained: (i) by any person as a result of an offense directlyor indirectlyrelated to theemployment of such A. All Bonds and insurance required by the Contract person by CONTRACTOR,or(ii)by any other person for Documents to be purchased and maintained by OWNER or any other reason; •CON TRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the state of 5. claims for damages,other than to the Work itself, Illinois to issue Bonds or insurance policies for the limits and because of injuryto or destruction of tangible ro e coverages so required. Such surety and insurance companies wherever located, including loss of use resulting therefrom;and 00700- 13 6. claims for damages because of bodily injury or each of whom is deemed to have an insurable interest death of any person or property damage arising out of the and shall be listed as a named insured; ownership,maintenance or use of any motor vehicle. 2. be written on a Builder's Risk "all-risk" or open B. The policies of insurance so required by this paragraph peril or special causes of loss policy form that shall at 5.04 to be purchased and maintained shall: least include insurance for physical loss or damage to the Work, temporary buildings, falsework, Work in 1. with respect to insurance required by paragraphs transit including ocean transit,and Work in storage at 5.04.A.3 through 5.04.A.6 inclusive,include as additional each project site or at another location acceptable to insureds(subject to any customary exclusion in respect of Owner,and shall insure against at least the following professional liability) OWNER, ENGINEER, perils: fire, lightning, extended coverage, theft, ENGINEER's Consultants, and any other individuals or vandalism and malicious mischief, earthquake, entities identified in the Supplementary Conditions,all of collapse, debris removal, demolition occasioned by whom shall be listed as additional insureds, and include enforcement of Laws and Regulations,water damage, coverage for the respective officers, directors, partners, flood,and damage caused by frost and freezing; employees, agents, and other consultants and subcontractors of each and any of all such additional 3. include expenses incurred in the repair or insureds, and the insurance afforded to these additional replacement of any insured property(including,but insureds shall provide primary coverage for all claims not limited to, fees and charges of engineers and covered thereby; architects);and 2. include at least the specific coverages and be 4. be maintained in effect until fmal payment is made written for not less than the limits of liability provided in unless otherwise agreed to in writing by Owner, the Supplementary Conditions or required by Laws or Contractor,and Engineer,with 30 days'written notice Regulations,whichever is greater; to each other insured. 3. include completed operations insurance; 5.06 Waiver of Rights 4. include contractual liability insurance covering A. OWNER and CONTRACTOR intend that all policies CONTRACTOR's indemnity obligations under paragraphs purchased in accordance with paragraph 5.05 shall protect 6.07,6.11,and 6.20; OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants,and all other individuals or entities 5. contain a provision or endorsement that the identified in the Supplementary Conditions to be listed as coverage afforded shall not be canceled, materially insureds or additional insureds (and the officers, directors, changed or renewal refused until at least thirty days prior partners, employees, agents, and other consultants and written notice has been given to OWNER and subcontractors of each and any of them)in such policies and CONTRACTOR and to each other additional insured shall provide primary coverage for all losses and damages identified in the Supplementary Conditions to whom a caused by the perils or causes of loss covered thereby. All certificate of insurance has been issued (and the such policies shall contain provisions to the effect that in the certificates of insurance furnished by the CONTRACTOR event of payment of any loss or damage the insurers shall have pursuant to paragraph 5.03 shall so provide); no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all 6. remain in effect at least until final payment and at rights against each other and their respective officers,. all times thereafter when CONTRACTOR may be directors,partners,employees,agents, and other consultants correcting, removing, or replacing defective Work in and subcontractors of each and any of them for all losses and accordance with paragraph 13.07;and damages caused by,arising out of or resulting from any of the perils or causes of loss covered by such policies and any other 7. with respect to completed operations insurance, property insurance applicable to the Work; and, in addition, and any insurance coverage written on a claims-made waive all such rights against Subcontractors, ENGINEER, basis, remain in effect for at least two years after final ENGINEER's Consultants,and all other individuals or entities payment(and CONTRACTOR shall furnish OWNER and identified in the Supplementary Conditions to be listed as each other additional insured identified in the insureds or additional insureds (and the officers, directors, Supplementary Conditions, to whom a certificate of partners, employees, agents, and other consultants and insurance has been issued, evidence satisfactory to subcontractors of each and any of them)under such policies OWNER and any such additional insured of continuation for losses and damages so caused. None of the above waivers of such insurance at final payment and one year shall extend to the rights that any party making such waiver thereafter). may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.05 Contractor's Property Insurance A. Contractor shall purchase and maintain property 5.07 Acceptance of Bonds and Insurance; Option to insurance coverage for the Work at each site in the amount Replace of the full replacement cost thereof. This insurance shall: A. If either OWNER or CONTRACTOR has any 1. include the interests of Owner, Contractor, objection to the coverage afforded by or other provisions of Subcontractors,Engineer,and Engineer's Consultants, the Bonds or insurance required to be purchased and 00700- 14 maintained by the other party in accordance with Article 5 on A. CONTRACTOR shall provide competent, suitably the basis of non-conformance with the Contract Documents, qualified personnel to survey,lay out,and construct the Work the objecting party shall so notify the other party in writing as required by the Contract Documents. CON TRACTOR within 10 days after receipt of the certificates (or other shall at all times maintain good discipline and order at the Site. evidence requested)required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such B. Except as otherwise required for the safety or additional information in respect of insurance provided as the protection of persons or the Work or property at the Site or other may reasonably request. If either party does not adjacent thereto, and except as otherwise stated in the purchase or maintain all of the Bonds and insurance required Contract Documents,all Work at the Site shall be performed of such party by the Contract Documents, such party shall during regular working hours,and CONTRACTOR shall not notify the other party in writing of such failure to purchase permit overtime work or the performance of Work on prior to the start of the Work, or of such failure to maintain Saturday, Sunday, or any legal holiday without OWNER's prior to any change in the required coverage. Without written consent(which shall not be unreasonably withheld) prejudice to any other right or remedy, the other party may given after prior written notice to ENGINEER or except as elect to obtain equivalent Bonds or insurance to protect such may otherwise by specifically provided by the Contract other party's interests at the expense of the party who was Documents. required to provide such coverage,and a Change Order shall be issued to adjust the Contract Price accordingly. 6.03 Services,Materials, and Equipment 5.8 Partial Utilization, Acknowledgment of Property A. Unless otherwise specified in the General Insurer Requirements,CONTRACTOR shall provide and assume at CONTRACTOR'S cost, full responsibility for all services, A. If OWNER finds it necessary to occupy or use a materials, equipment, labor, transportation, construction portion or portions of the Work prior to Substantial equipment and machinery,tools,appliances,fuel,power,light, Completion of all the Work as provided in paragraph 14.05, heat,telephone,water,sanitary facilities,temporary facilities, no such use or occupancy shall commence before the insurers and all other facilities and incidentals necessary for the providing the property insurance pursuant to paragraph 5.05 performance,testing,start-up,and completion of the Work. have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers B. All materials and equipment incorporated into the providing the property insurance shall consent by endorsement Work shall be as specified or,if not specified,shall be of good on the policy or policies,but the property insurance shall not quality and new,except as otherwise provided in the Contract be canceled or permitted to lapse on account of any such Documents. All warranties and guarantees specifically called partial use or occupancy. for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER,CONTRACTOR shall furnish satisfactory evidence (including reports of required ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied,installed,connected,erected,protected,used,cleaned, 6.01 Supervision and Superintendence and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in A. CONTRACTOR shall supervise, inspect, and direct the Contract Documents. the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be 6.04 Progress Schedule necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely A. CON I'RACTOR shall adhere to the progress schedule responsible for the means,methods, techniques, sequences, established in accordance with the Contract Documents as and procedures of construction,but CONTRACTOR shall not may be adjusted from time to time as provided below. be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, 1. CON TRACTOR shall submit to ENGINEER for technique, sequence, or procedure of construction which is acceptance (to the extent indicated in the Contract shown or indicated in and expressly required by the Contract Documents) any proposed adjustments in the progress Documents. CONTRACTOR shall be responsible to see that schedule that shall not result in changing the Contract the completed Work complies accurately with the Contract Times(or Milestones). Such adjustments shall conform Documents. generally to the progress schedule then in effect and additionally shall comply with any provisions of the B. At all times during the progress of the Work, General Requirements applicable thereto. CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without 2. Proposed adjustments in the progress schedule written notice to OWNER and ENGINEER. The that shall change the Contract Times(or Milestones)shall superintendent shall be CONTRACTOR's representative at be submitted in accordance with the requirements of the Site and shall have authority to act on behalf of Article 12. Such adjustments may only be made by a CONTRACTOR. All communications given to or received Change Order or Written Amendment in accordance with from the superintendent shall be binding on CONTRACTOR. Article 12. 6.02 Labor; Working Hours 6.05 Substitutes and "Or-Equals" 00700- 15 A. Whenever an item of material or equipment is C. Engineer's Evaluation: ENGINEER shall be allowed specified or described in the Contract Documents by using the a reasonable time within which to evaluate each proposal or name of a proprietary item or the name of a particular submittal made pursuant to paragraphs 6.05.A and 6.05.B. Supplier, the specification or description is intended to ENGINEER shall be the sole judge of acceptability. No establish the type,function,appearance,and quality required. "or-equal"or substitute shall be ordered,installed or utilized Unless the specification or description contains or is followed until ENGINEER's review is complete, which shall be by words reading that no like,equivalent,or"or-equal"item evidenced by either a Change Order for a substitute or an or no substitution is permitted, other items of material or approved Shop Drawing for an"or equal." ENGINEER shall equipment or material or equipment of other Suppliers may be advise CONTRACTOR in writing of any negative submitted to ENGINEER for review under the circumstances determination. described below. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a 1. The procedure for review by ENGINEER for special performance guarantee or other surety with respect to "or equal"or substitute items shall be as set forth in any substitute. below,as supplemented in the General Requirements and as ENGINEER may decide is appropriate under E. ENGINEER's Cost Reimbursement: ENGINEER the circumstances. shall record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by 2. CONTRACTOR shall first make written CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B application to ENGINEER for review of a proposed and in making changes in the Contract Documents(or in the substitute item of material or equipment that provisions of any other direct contract with OWNER for work CONTRACTOR seeks to furnish or use. The on the Project) occasioned thereby. Whether or not application shall certify that the proposed substitute ENGINEER approves a substitute item so proposed or item shall perform adequately the functions and submitted by CONTRACTOR, CONTRACTOR shall achieve the results called for by the general design,be reimburse OWNER for the charges of ENGINEER and similar in substance to that specified,and be suited to ENGINEER's Consultants for evaluating each such proposed the same use as that specified. The application shall substitute. state the extent, if any, to which the use of the proposed substitute item shall prejudice F. CONTRACTOR's Expense: CONTRACTOR shall CON I RACTOR's achievement of Substantial provide all data in support of any proposed substitute.or Completion on time, whether or not use of the "or-equal"at CONTRACTOR's expense. proposed substitute item in the Work shall require a change in any of the Contract Documents (or in the 6.06 Concerning Subcontractors,Suppliers, and Others provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the A. CONTRACTOR shall not employ any Subcontractor, proposed substitute item and whether or not Supplier, or other individual or entity (including those incorporation or use of the proposed substitute item in acceptable to OWNER as indicated in paragraph 6.06.B), connection with the Work is subject to payment of any whether initially or as a replacement,against whom OWNER license fee or royalty. All variations of the proposed may have reasonable objection. CON TRACTOR shall not be substitute item from that specified shall be identified required to employ any Subcontractor, Supplier, or other in the application, and available engineering, sales, individual or entity to furnish or perform any of the Work maintenance,repair,and replacement services shall be against whom CONTRACTOR has reasonable objection. indicated. The application shall also contain an Any person employed by CONTRACTOR or Subcontractors itemized estimate of all costs or credits.that shall who does not perform his work in a proper and skillful result directly or indirectly from use of such substitute manner, or who is intemperate, disorderly, or otherwise item,including costs of redesign and claims of other objectionable, shall, at the written request of OWNER, be contractors affected by any resulting change, all of forthwith removed from the project site and shall not be which shall be considered by ENGINEER in employed again in any portion of the Work without written evaluating the proposed substitute item. ENGINEER consent of OWNER. may require CONTRACTOR to furnish additional data about the proposed substitute item. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or B. Substitute Construction Methods or Procedures: If a entities to be submitted to OWNER in advance for acceptance specific means,method,technique,sequence,or procedure of by OWNER by a specified date prior to the Effective Date of construction is shown or indicated in and expressly required the Agreement, and if CONTRACTOR has submitted a list by the Contract Documents,CONTRACTOR may furnish or thereof in accordance with the Supplementary Conditions, utilize a substitute means, method, technique, sequence, or OWNER's acceptance(either in writing or by failing to make procedure of construction approved by ENGINEER. written objection thereto by the date indicated for acceptance CON TRACTOR shall submit sufficient information to allow or objection in the Bidding Documents or the Contract ENGINEER, in ENGINEER's sole discretion,to determine Documents) of any such Subcontractor, Supplier, or other that the substitute proposed is equivalent to that expressly individual or entity so identified may be revoked on the basis called for by the Contract Documents. The procedure for of reasonable objection after due investigation. review by ENGINEER shall be substantially similar to that CONTRACTOR shall submit an acceptable replacement for provided in subparagraph 6.05.A.2. the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price shall be adjusted by the 00700- 16 e S • difference in the cost occasioned by such replacement,and an A. CONTRACTOR shall pay all license fees and appropriate Change Order shall be issued or Written royalties and assume all costs incident to the use. in the Amendment signed. No acceptance by OWNER of any such performance of the Work or the incorporation in the Work of Subcontractor,Supplier,or other individual or entity,whether any invention,design,process,product,or device which is the initially or as a replacement,shall constitute or be construed subject of patent rights or copyrights held by others. If a as a waiver of any right of OWNER or ENGINEER to reject particular invention, design, process, product, or device is defective Work. specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of C. CONTRACTOR shall be fully responsible to OWNER or ENGINEER its use is subject to patent rights or OWNER and ENGINEER for all acts and omissions of the copyrights calling for the payment of any license fee or royalty Subcontractors, Suppliers, and other individuals or entities to others, the existence of such rights shall be disclosed by performing or furnishing any of the Work just as OWNER in the Contract Documents. To the fullest extent CONTRACTOR is responsible for CONTRACTOR's own permitted by Laws and Regulations, CONTRACTOR shall acts and omissions. Nothing in the Contract Documents shall indemnify and hold harmless OWNER, ENGINEER,. create for the benefit of any such Subcontractor,Supplier,or ENGINEER's Consultants, and the officers, directors, other individual or entity any contractual relationship between partners,employees or agents,and other consultants of each OWNER or ENGINEER and any such Subcontractor, and any of them from and against all claims,costs,losses,and Supplier or other individual or entity,nor shall it create any damages(including but not limited to all fees and charges of obligation on the part of OWNER or ENGINEER to pay or to engineers,architects,attorneys,and other professionals and all see to the payment of any moneys due any such Subcontractor, court or arbitration or other dispute resolution costs)arising Supplier,or other individual or entity except as may otherwise out of or relating to any infringement of patent rights or • be required by Laws and Regulations. copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any D. CONTRACTOR shall be solely responsible for invention,design,process,product,or device not specified in scheduling and coordinating the Work of Subcontractors, the Contract Documents. Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract 6.08 Permits with CONTRACTOR. A. Unless otherwise provided in the Supplementary E. CONTRACTOR shall require all Subcontractors, Conditions, CONTRACTOR shall obtain and pay for all Suppliers,and such other individuals or entities performing or construction permits and licenses. OWNER shall assist furnishing any of the Work to communicate with ENGINEER CONTRACTOR,when necessary,in obtaining such permits through CONTRACTOR. and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of F. The divisions and sections of the Specifications and the Work which are applicable at the time of opening of Bids. the identifications of any Drawings shall not control CONTRACTOR shall pay all charges of utility owners for CONTRACTOR in dividing the Work among Subcontractors connections to the Work. or Suppliers or delineating the Work to be performed by any specific trade. 6.09 Laws and Regulations • G. All Work performed for CONTRACTOR by a A. CONTRACTOR shall give all notices and:comply • Subcontractor or Supplier shall be pursuant to an appropriate with all Laws and Regulations applicable to the performance • agreement between CONTRACTOR and the Subcontractor or of the Work. Except where otherwise expressly required by• Supplier which specifically binds the Subcontractor or applicable Laws and Regulations, neither OWNER nor Supplier to the applicable terms and conditions of the Contract ENGINEER shall be responsible for monitoring.. . Documents for the benefit of OWNER and ENGINEER CONTRACTOR's compliance with any Laws or Regulations. Whenever any such agreement is with a Subcontractor or:• . Supplier who is listed as an additional insured on the property B. If CONTRACTOR performs any Work knowing or insurance provided in paragraph 5.05,the agreement between having reason to know that it is contrary to Laws or: the CONTRACTOR and the Subcontractor or.Supplier shall Regulations, CONTRACTOR shall bear all claims, costs, contain provisions whereby the Subcontractor or Supplier losses,and damages(including but not limited to all fees and waives all rights against OWNER, CONTRACTOR, charges of engineers, architects, attorneys, and other ENGINEER, ENGINEER's Consultants, and all other professionals and all court or arbitration or other dispute individuals or entities identified in the Supplementary resolution costs) arising out of or relating to such Work; Conditions to be listed as insureds or additional insureds(and however, it shall not be CONTRACTOR's primary the officers,directors,partners,employees,agents,and other responsibility to make certain that the Specifications and consultants and subcontractors of each and any of them)for Drawings are in accordance with Laws and Regulations,but all losses and damages caused by,arising out of,relating to,or this shall not relieve CONTRACTOR of CONTRACTOR's • resulting from any of the perils or causes of loss covered by obligations under paragraph 3.03. such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate . C. Changes in Laws or Regulations not known at the time waiver forms to be signed by any Subcontractor or Supplier, of opening of Bids (or, on the Effective Date of the CONTRACTOR shall obtain the same. Agreement if there were no Bids)having an effect on the cost or time of performance of the Work maybe the subject of an 6.07 Patent Fees and Royalties adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or 00700- 17 on the amount or extent, if any, of any such adjustment, a surplus materials and shall restore to original condition all Claim may be made therefor as provided in paragraph 10.05. property not designated for alteration by the Contract Documents. 6.10 Taxes D. Loading Structures: CONTRACTOR shall not load A. CONTRACTOR shall pay all sales, consumer, use, nor permit any part of any structure to be loaded in any and other similar taxes required to be paid by CON TRACTOR manner that shall endanger the structure, nor shall in accordance with the Laws and Regulations of the place of CON TRACTOR subject any part of the Work or adjacent the Project which are applicable during the performance of the property to stresses or pressures that shall endanger it. Work. 6.12 Record Documents 6.11 Use of Site and Other Areas A. CONTRACTOR shall maintain in a safe place at the A. Limitation on Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 1. CONTRACTOR shall confine construction Change Directives,Field Orders,and written interpretations equipment,the storage ofmaterials and equipment,and the and clarifications in good order and annotated to show operations of workers to the Site and other areas permitted changes made during construction. These record documents by Laws and Regulations, and shall not unreasonably together with all approved Samples and a counterpart of all encumber the Site and other areas with construction approved Shop Drawings shall be available to ENGINEER equipment or other materials or equipment. and OWNER for reference. Upon completion of the Work, CONTRACTOR shall assume full responsibility for any these record documents,Samples,and Shop Drawings shall be damage to any such land or area, or to the owner or delivered to ENGINEER for OWNER. occupant thereof,or of any adjacent land or areas resulting from the performance of the Work. 6.13 Safety and Protection 2. Should any claim be made by any such owner or A. CONTRACTOR shall be solely responsible for occupant because of the performance of the Work, initiating,maintaining and supervising all safety precautions CONTRACTOR shall promptly settle with such other and programs in connection with the Work. CONTRACTOR party by negotiation or otherwise resolve the claim as shall take all necessary precautions for the safety of,and shall provided by law. provide the necessary protection to prevent damage,injury or loss to: 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 1. all persons on the Site or who may be affected by harmless OWNER, ENGINEER, ENGINEER's the Work; Consultant, and the officers, directors, partners, employees,agents,and other consultants of each and any 2. all the Work and materials and equipment to be of them from and against all claims, costs, losses, and incorporated therein,whether in storage on or off the Site; damages(including but not limited to all fees and charges and of engineers,architects,attorneys,and other professionals and all court or other dispute resolution costs)arising out 3. other property at the Site or adjacent thereto, of or relating to any claim or action, legal or equitable, including trees, shrubs, lawns, walks, pavements, brought by any such owner or occupant against OWNER, roadways,structures,utilities,and Underground Facilities ENGINEER,or any other party indemnified hereunder to not designated for removal,relocation,or replacement in the extent caused by or based upon CONTRACTOR's the course of construction. performance of the Work. CONTRACTOR shall to the greatest extent allowable by law, hold harmless and B. CONTRACTOR shall comply with all applicable indemnify OWNER from and against any and all suits, Laws and Regulations relating to the safety of persons or causes of action, and any and all liability of any nature property, or to the protection of persons or property from arising out of or in connection with CON 1'RACTOR's damage, injury, or loss; and shall erect and maintain all negligent or illegal failure to comply with any law or necessary safeguards for such safety and protection. regulation, including but not limited to any claim for CONTRACTOR shall notify owners of adjacent property and injunctive relief or for any attorney's fees incurred thereof, of Underground Facilities and other utility owners when prosecution of the Work may affect them,and shall cooperate B. Removal of Debris During Performance of the Work: with them in the protection, removal, relocation, and During the progress of the Work CONTRACTOR shall keep replacement of their property. All damage,injury,or loss to the Site and other areas free from accumulations of waste any property referred to in paragraph 6.13.A.2 or 6.13.A.3 materials,rubbish,and other debris. Removal and disposal of caused, directly or indirectly, in whole or in part, by such waste materials,rubbish,and other debris shall conform CONTRACTOR, any Subcontractor, Supplier, or any other to applicable Laws and Regulations. individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts C. Cleaning: Prior to Substantial Completion of the any of them may be liable, shall be remedied by Work CONTRACTOR shall clean the Site and make it ready CONTRACTOR (except damage or loss attributable to the for utilization by OWNER. At the completion of the Work fault of Drawings or Specifications or to the acts or omissions CONTRACTOR shall remove from the Site all tools, of OWNER or ENGINEER or ENGINEER's Consultant,or appliances, construction equipment and machinery, and anyone employed by any of them, or anyone for whose acts 00700- 18 any of them may be liable, and not attributable, directly or C. Where a Shop Drawing or Sample is required by the indirectly, in whole or in part, to the fault or negligence of Contract Documents or the schedule of Shop Drawings and CONTRACTOR or any Subcontractor, Supplier, or other Sample submittals acceptable to ENGINEER as required by individual or entity directly or indirectly employed by any of paragraph 2.07, any related Work performed prior to them). CONTRACTOR's duties and responsibilities for ENGINEER's review and approval of the pertinent submittal safety and for protection of the Work shall continue until such shall be at the sole expense and responsibility of time as all the Work is completed and ENGINEER has issued CONTRACTOR. a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as D. Submittal Procedures otherwise expressly provided in connection with Substantial Completion). 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: 6.14 Safety Representative a. all field measurements, quantities, A. CONTRACTOR shall designate a qualified and dimensions, specified performance criteria, experienced safety representative at the Site whose duties and installation requirements,materials,catalog numbers, responsibilities shall be the prevention of accidents and the and similar information with respect thereto; maintaining and supervising of safety precautions and programs. b. all materials with respect to intended use, fabrication,shipping,handling,storage,assembly,and 6.15 Hazard Communication Programs installation pertaining to the performance of the Work; A. CON TRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard c. all information relative to means, methods, communication information required to be made available to techniques,sequences,and procedures of construction or exchanged between or among employers at the Site in and safety precautions and programs incident thereto; accordance with Laws and Regulations. and 6.16 Emergencies d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with A. In emergencies affecting the safety or protection of other Shop Drawings and Samples and with the • persons or the Work or property at the Site or adjacent thereto, requirements of the Work and the Contract CONTRACTOR is obligated to act to prevent threatened Documents. damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR 2. Each submittal shall bear a stamp or specific believes that any significant changes in the Work or variations written indication that CONTRACTOR has satisfied from the Contract Documents have been caused thereby or are CONTRACTOR's obligations under the Contract required as a result thereof. If ENGINEER determines that a Documents with respect to CONfRACTOR's review and change in the Contract Documents is required because of the approval of that submittal. action taken by CONTRACTOR in response to such an emergency,a Work Change Directive or Change Order shall 3. At the time of each submittal, CONTRACTOR be issued. shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample 6.17 Shop Drawings and Samples submitted may have from the requirements of the Contract Documents,such notice to be in a written communication A. CONTRACTOR shall submit Shop Drawings to separate from the submittal;and,in addition,shall cause a ENGINEER for review and approval in accordance with the specific notation to be made on each Shop Drawing and acceptable schedule of Shop Drawings and Sample submittals. Sample submitted to ENGINEER for review and approval All submittals shall be identified as ENGINEER may require of each such variation. and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings shall be E. ENGINEER's Review complete with respect to quantities, dimensions, specified performance and design criteria,materials,and similar data to 1. ENGINEER shall timely review and approve show ENGINEER the services, materials, and equipment Shop Drawings and Samples in accordance with the CON TRACTOR proposes to provide and to enable schedule of Shop Drawings and Sample submittals ENGINEER to review the information. acceptable to ENGINEER. ENGINEER's review and approval shall be only to determine if the items covered by B. CONTRACTOR shall also submit Samples to the submittals shall, after installation or incorporation in ENGINEER for review and approval in accordance with the the Work, conform to the information given in the acceptable schedule of Shop Drawings and Sample submittals. Contract Documents and be compatible with the design Each Sample shall be identified clearly as to material, concept of the completed Project as a functioning whole.as Supplier,pertinent data such as catalog numbers,and the use indicated by the Contract Documents. for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited 2. ENGINEER's review and approval shall not purposes required by paragraph 6.17.E.The numbers of each extend to means, methods, techniques, sequences, or Sample to be submitted shall be as specified in the procedures of construction (except where a particular Specifications. means, method, technique, sequence, or procedure of 00700- 19 construction is specifically and expressly called for by the of Work that is not in accordance with the Contract Contract Documents) or to safety precautions or programs Documents or a release of CONTRACTOR's obligation'to incident thereto. The review and approval of a separate item perform the Work in accordance with the Contract as such shall not indicate approval of the assembly in which Documents: the item functions. 1. observations by ENGINEER; 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR 2. recommendation by ENGINEER or payment by from responsibility for any variation from the requirements OWNER of any progress or fmal payment; of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such 3. the issuance of a certificate of Substantial variation at the time of each submittal as required by Completion by ENGINEER or any payment related thereto paragraph 6.17.D.3 and ENGINEER has given written by OWNER; approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop 4. use or occupancy of the Work or any part thereof Drawing or Sample approval; nor shall any approval by by OWNER; ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of the Contract 5. any acceptance by OWNER or any failure to do Documents. so; F. Resubmittal Procedures 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of 1. CONTRACTOR shall make corrections required acceptability by ENGINEER; by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required 7. any inspection,test,or approval by others;or new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other 8. any correction of defective Work by OWNER. than the corrections called for by ENGINEER on previous submittals. 6.20 Indemnification ~ —6.18 Continuing the Work A. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and A. CONTRACTOR shall carry on the Work and adhere hold harmless the City, its officers, employees, boards and to the progress schedule during all disputes or disagreements commissions from and against any and all claims, suits, with OWNER. No Work shall be delayed or postponed judgments,costs,attomey's fees,damages or any and all other pending resolution of any disputes or disagreements,except as relief or liability arising out of or resulting from or through or permitted by the Contract Documents or as OWNER and alleged to arise out of any acts or negligent acts or omissions CONTRACTOR may otherwise agree in writing. of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this agreement. In the 6.19 CONTRACTOR's General Warranty and Guarantee event of any action against the City, its officers, employees, agents,boards or commissions covered by the foregoing duty A. CONTRACTOR warrants and guarantees to OWNER, to indemnify,defend and hold harmless,such action shall be ENGINEER, and ENGINEER's Consultants that all Work defended by legal counsel of the City's choosing. shall be in accordance with the Contract Documents and shall not be defective. CONTRACTOR's warranty and guarantee ARTICLE 7-OTHER WORK hereunder excludes defects or damage caused by: 1. abuse,modification,or improper maintenance or 7.01 Related Work at Site operation by persons other than CONTRACTOR, Subcontractors,Suppliers,or any other individual or entity A. OWNER may perform other work related to the for whom CON TRACTOR is responsible;or Project at the Site or let other direct contracts therefor,or have other work performed by utility owners. If such other work 2. normal wear and tear under normal usage. is not noted in the Contract Documents,then: This warranty shall guarantee all work for a period of three 1. written notice thereof: shall be given to years from the date of acceptance of the Work and final CONTRACTOR prior to starting any such other work;and acceptance by the OWNER, except for equipment, motors, electrical controls and other mechanical devices that shall be 2. if OWNER and CONTRACTOR are unable to guaranteed for a period of two years from the date or agree on entitlement to or on the amount or extent,if any, acceptance and use of each item of equipment by OWNER of any adjustment in the Contract Price or Contract Times unless a different guarantee period of time is specified under that should be allowed as a result of such other work, a other parts of the Contract Documents. Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be B. CONTRACTOR shall afford each other contractor absolute. None of the following shall constitute an acceptance who is a party to any contract or work as provided in the 00700-20 paragraph above and each utility owner (and OWNER, if The OWNER shall obtain and pay for necessary approvals, OWNER is performing the other work with OWNER's easements, assessments, and charges which are customarily employees)proper and safe access to the Site and a reasonable secured prior to the execution of the Contract. opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall The OWNER shall furnish information or services properly coordinate the Work with theirs. Unless otherwise required of the OWNER hereunder with reasonable provided in the Contract Documents,CONTRACTOR shall promptness after receipt from the CONTRACTOR of a do all cutting, fitting, and patching of the Work that may be written request for such information or services. required to properly connect or otherwise make its several parts come together and properly integrate with such other The OWNER shall provide the CONTRACTOR, at no work. CONTRACTOR shall not endanger any work of others charge,such copies of the Project Manual as are reasonably by cutting, excavating, or otherwise altering their work and necessary for the execution of the Work. shall only cut or alter their work with the written consent of ENGINEER, OWNER and the others whose work may be C. OWNER's Right to Perform Construction and to affected. Award Separate Contracts. The OWNER reserves the right to perform construction or operations at the Site with its own C. If the proper execution or results of any part of forces or others. If the CONTRACTOR claims that a delay or CONTRACTOR's Work depends upon work performed by additional cost is involved because of such action by the others under this Article 7,CONTRACTOR shall inspect such OWNER, the CONTRACTOR shall make such Claim as other work and promptly report to ENGINEER in writing any provided elsewhere in the Contract Documents. delays,defects,or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and When the separate contracts are awarded for different results of CONTRACTOR's Work. CONTRACTOR's portions of the Project or other construction or operations on failure to so report shall constitute an acceptance of such other the site,the term"Contractor"in the Contract Documents in work by CONTRACTOR as fit and proper for integration each case shall mean the Contractor who executes each with CONTRACTOR's Work except for latent defects and separate OWNER-Contractor Agreement. deficiencies in such other work. The OWNER shall provide for coordination of the 7.02 Coordination activities of the OWNER's own forces and of each separate contractor with the Work of the CON TRACTOR,who shall A. If OWNER intends to contract with others for the cooperate with them. The CONTRACTOR shall afford each performance of other work on the Project at the Site, the other person access to the Site and shall properly coordinate following shall be set forth in Supplementary Conditions: its Work with that of the persons performing other work. The CONTRACTOR shall participate with other separate 1. the individual or entity who shall have authority contractors and the OWNER in reviewing their construction and responsibility for coordination of the activities among schedules when directed to do so. The CONTRACTOR shall the various contractors shall be identified; make any revisions to the construction schedules deemed necessary after a joint review and mutual agreement. The 2. the specific matters to be covered by such construction schedules shall then constitute the schedules to authority and responsibility shall be itemized;and be used by the CONTRACTOR,separate contractors,and the OWNER until subsequently revised. 3. the extent of such authority and responsibilities shall be provided. D. Limitations on the OWNER's Responsibilities. The OWNER shall not supervise, direct, or have control or B. Unless otherwise provided in the Supplementary authority over,nor be responsible for the CONTRACTOR'S Conditions, OWNER shall have sole authority and means, methods, techniques, sequences, or procedures of responsibility for such coordination. construction or the safety precautions and programs incident thereto,or for any failure of the CONTRACTOR to comply with laws,codes and regulations applicable to the furnishing ARTICLE 8-OWNER'S RESPONSIBILITIES or performance of the Work. The OWNER will not be responsible for the CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 8.01 Communications to Contractor The OWNER is not responsible for the acts or omissions of the CONTRACTOR,any Subcontractor,Supplier,or anyone A. Except as otherwise provided in these General for whose acts the CONTRACTOR, any Subcontractor or Conditions, OWNER shall issue all communications to Suppliers may be liable. CONTRACTOR through ENGINEER. The OWNER's authority to review any of the B. Requirements to Provide Documents. To the extent CON TRACTOR's progress schedules,or its decision to raise they are available, the OWNER shall furnish surveys or not to raise any objections about such schedules shall not describing physical characteristics, legal limitations, and impose on the OWNER any responsibility for the timing, utility locations for the site of the Project, and a legal planning, scheduling, or execution of the Work,nor in any description of the Site. way give rise to any duty or responsibility on the part of the OWNER to exercise this authority for the benefit of the CONTRACTOR,any Subcontractor or Supplier or any other ply 00700-21 • The OWNER's decision to raise or not to raise objections A. If OWNER and ENGINEER agree, with regard to any aspects of the CONTRACTOR's insurance ENGINEER shall furnish a Resident Project Representative shall in no way give rise to any duty or responsibility on the to assist ENGINEER in providing more extensive observation part of the OWNER to or for the benefit of the of the Work. The responsibilities and authority and CONTRACTOR, any Subcontractor, any Supplier, or any limitations thereon of any such Resident Project other party. Representative and assistants shall be as provided in paragraph 9.10 and in the Supplementary Conditions. If E. Reservation of Rights. The OWNER reserves the right OWNER designates another representative or agent to to correct at any time any error in any progress payment that represent OWNER at the Site who is not ENGINEER's may have been made. Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or Should defective Work be discovered subsequent to fmal entity shall be as provided in the Supplementary Conditions. payment,the OWNER reserves the right to make a claim and recover all costs and professional fees associated therewith, 9.04 Clarifications and Interpretations including the cost of removing and/or replacing the defective Work. A. ENGINEER shall issue with reasonable promptness such written clarifications or interpretations of the F. Waivers. All waivers by the OWNER are valid only to requirements of the Contract Documents as ENGINEER may the extent that they are signed by the OWNER. Any such determine necessary,which shall be consistent with the intent waivers pertain only to the specific matter contained in the of and reasonably inferable from the Contract Documents. waiver and not to any similar,subsequent matters. Such written clarifications and interpretations shall be binding • on OWNER and CONTRACTOR. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations 9.01 OWNER'S Representative in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or A. ENGINEER shall be OWNER's the Contract Times and are compatible with the design representative during the construction period. The duties and concept of the completed Project as a functioning whole as - responsibilities and the limitations of authority of ENGINEER indicated by the Contract Documents. These may be as OWNER's representative during construction are set forth accomplished by a Field Order and shall be binding on in the Contract Documents and shall not be changed without CONTRACTOR, who shall perform the Work involved written consent of OWNER and ENGINEER. promptly. • 9.02 Visits to Site 9.06 Rejecting Defective Work A. ENGINEER shall make visits to the Site at A. ENGINEER shall have authority to intervals appropriate to the various stages of construction as disapprove or reject Work which ENGINEER believes to be ENGINEER reasonably deems necessary in order to observe defective, or that ENGINEER believes shall not produce a the progress that has been made and the quality of the various completed Project that conforms to the Contract Documents aspects of CONTRACTOR's executed Work. Based on or that shall prejudice the integrity of the design concept of the information obtained during such visits and observations, completed Project as a functioning whole as indicated by the ENGINEER, shall determine, in general, if the Work is Contract Documents. ENGINEER shall also have authority proceeding in accordance with the Contract Documents. to require special inspection or testing of the Work as ENGINEER shall not be required to make exhaustive or provided herein whether or not the Work is fabricated, continuous inspections on,the Site to check the quality or mstalled,or completed. quantity of the Work. On the basis of such visits and observations, ENGINEER shall keep OWNER informed of 9.08 Determinations for Unit Price Work the progress of the Work and shall use its best efforts to guard OWNER against defective Work. A. ENGINEER shall determine the actual quantities and classifications ofUnit Price Work performed by B. ENGINEER's visits and observations are CONTRACTOR. ENGINEER shall review with subject to all the limitations on ENGINEER's authority and CONTRACTOR the ENGINEER's preliminary responsibility set forth herein, and particularly,but without determinations on such matters before rendering a written limitation, during or as a result of ENGINEER's visits or decision thereon(by recommendation of an Application for observations of CONTRACTOR's Work ENGINEER shall Payment or otherwise). ENGINEER's written decision not supervise, direct, control, or have authority over or be thereon shall be fmal and binding..(except as modified by responsible for CONTRACTOR's means, methods, ENGINEER to reflect changed factual conditions or more techniques, sequences,or procedures of construction,or the accurate data)upon OWNER and CONTRACTOR,subject to safety precautions and programs incident thereto,or for any the provisions of paragraph 10.05. failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 9.03 Project Representative 00700-22 A. ENGINEER shall be the initial interpreter to ENGINEER's Consultants, Resident Project of the requirements of the Contract Documents and judge of Representative,and assistants. the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work,the ARTICLE 10-CHANGES IN THE WORK;CLAIMS quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims 10.01 Authorized Changes in the Work seeking changes in the Contract Price or Contract Times shall be referred initially to ENGINEER in writing,in accordance A. Without invalidating the Agreement and without with the provisions of paragraph 10.05,with a request for a notice to any surety,OWNER may,at any time or from time formal decision. to time,order additions,deletions,or revisions in the Work by a Written Amendment, a Change Order, or a Work Change B. When functioning as provided under Directive. Upon receipt of any such document, paragraph 9.09, ENGINEER shall not show partiality to CONTRACTOR shall promptly proceed with the Work OWNER or CONTRACTOR and shall not be liable in involved which shall be performed under the applicable connection with any interpretation or decision rendered in conditions of the Contract Documents (except as otherwise good faith in such capacity. The rendering of a decision by specifically provided). ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim,dispute,or other matter shall be a condition B. If OWNER and CONTRACTOR are unable to agree precedent to any exercise by OWNER or CONTRACTOR of on entitlement to, or on the amount or extent, if any, of an such rights or remedies as either may otherwise have under the adjustment in the Contract Price or Contract Times,or both, Contract Documents or by Laws or Regulations in respect of that should be allowed as a result of a Work Change Directive, any such Claim,dispute,or other matter. a Claim maybe made therefor as provided in paragraph 10.05. 9.10 Limitations on ENGINEER's Authority and 10.02 Unauthorized Changes in the Work Responsibilities A. CONTRACTOR shall not be entitled to an increase A. Neither ENGINEER's authority or in the Contract Price or an extension of the.Contract Times responsibility under this Article 9 or under any other provision with respect to any work performed that is not required by the of the Contract Documents nor any decision made by Contract Documents as amended,modified,or supplemented • ENGINEER in good faith either to exercise or not exercise as provided in paragraph 3.04, except in the case of an such authority or responsibility or the undertaking,exercise, emergency as provided in paragraph 6.16 or in the case of or performance of any authority or responsibility by uncovering Work as provided in paragraph 13.04.B. ENGINEER shall create,impose,or give rise to any duty in • contract, tort, or otherwise owed by ENGINEER to 10.03 Execution of Change Orders CONTRACTOR,any Subcontractor,any Supplier,any other individual or entity,or to any surety for or employee or agent A. OWNER and CONTRACTOR shall execute of any of them. appropriate Change Orders recommended by ENGINEER(or Written Amendments)covering: B. ENGINEER shall not supervise, direct, control, or have authority over or be responsible for 1. changes in the Work which are: (i)required by CONTRACTOR's means,methods,techniques,sequences,or law (ii) ordered by OWNER pursuant to paragraph procedures of construction, or the safety precautions and 10.01.A,(iii)required because of acceptance of defective programs incident thereto, or for any failure of Work under paragraph 13.08.A or OWNER's correction CON TRACTOR to comply with Laws and Regulations of defective Work under paragraph 13.09,(iv)agreed to applicable to the performance of the Work. ENGINEER shall by the parties; not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any C. ENGINEER shall not be responsible for the undisputed sum or amount of time for Work actually acts or omissions of CONTRACTOR or of any Subcontractor, performed in accordance with a Work Change Directive; any Supplier, or of any other individual or entity performing and any of the Work. 3. changes in the Contract Price or Contract Times D. ENGINEER's review of the final which embody the substance of any written decision Application for Payment and accompanying documentation rendered by ENGINEER pursuant to paragraph 10.05; and all maintenance and operating instructions, schedules, provided that, in lieu of executing any such Change guarantees, Bonds, certificates of inspection, tests and Order,an appeal may be taken from any such decision in approvals,and other documentation required to be delivered accordance with the provisions of the Contract by paragraph 14.07.A shall be to determine that their content Documents and applicable Laws and Regulations, but 1 complies with the requirements of, and in the case of during any such appeal,CONTRACTOR shall carry on certificates of inspections,tests,and approvals that the results the Work and adhere to the progress schedule as provided certified indicate compliance with,the Contract Documents. in paragraph 6.18.A. E. The limitations upon authority and 10.04 Notification to Surety responsibility set forth in this paragraph 9.10 shall also apply 00700-23 A. If notice of any change affecting the general scope of D. No Claim for an adjustment in Contract Price or the Work or the provisions of the Contract Documents Contract Times(or Milestones)shall be valid if not submitted (including, but not limited to, Contract Price or Contract in accordance with this paragraph 10.05. Times)is required by the provisions of any Bond to be given to a surety, the giving of such notice shall be g any CONTRACTOR's responsibility. The amount of each ARTICLE 11 -COST OF THE WORK;CASH applicable Bond shall be adjusted to reflect the effect of any ALLOWANCES;UNIT PRICE WORK such change. 10.05 Claims and Disputes 11.01 Cost of the Work A. Notice: Written notice stating the general nature of A. Costs Included: The term Cost of the Work means each Claim,dispute,or other matter shall be delivered by the the sum of all costs necessarily incurred and paid by claimant to ENGINEER and the other party to the Contract CONTRACTOR in the proper performance of the Work. promptly(but in no event later than 30 days)after the start of When the value of any Work covered by a Change Order or the event giving rise thereto. Notice of the amount or extent when a Claim for an adjustment in Contract Price is of the Claim, dispute, or other matter with supporting data determined on the basis of Cost of the Work,the costs to be shall be delivered to the ENGINEER and the other party to the reimbursed to CONTRACTOR shall be only those additional Contract within 60 days after the start of such event(unless or incremental costs required because of the change in the ENGINEER allows additional time for claimant to submit Work or because of the event giving rise to the Claim. Except additional or more accurate data in support of such Claim, as otherwise may be agreed to in writing by OWNER, such dispute, or other matter). A Claim for an adjustment in costs shall be in amounts no higher than those prevailing in Contract Price shall be prepared in accordance with the the locality of the Project, shall include only the following provisions of paragraph 12.01.B. A Claim for an adjustment items, and shall not include any of the costs itemized in in Contract Time shall be prepared in accordance with the paragraph 11.01.B. provisions of Article 12. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the 1. Payroll costs for employees in the direct employ entire adjustment to which the claimant believes it is entitled of CONTRACTOR in the performance of the Work as a result of said event. The opposing party shall submit any under schedules of job classifications agreed upon by response to ENGINEER and the claimant within 30 days after OWNER and CONTRACTOR. Such employees shall receipt of the claimant's last submittal (unless ENGINEER include without limitation superintendents,foremen,and allows additional time). other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work B. ENGINEER's Decision: ENGINEER shall render shall be apportioned on the basis of their time spent on a formal decision in writing within 30 days after receipt of the the Work. Payroll costs shall include,but not be limited last submittal of the claimant or the last submittal of the to, salaries and wages plus the cost of fringe benefits, opposing party, if any. ENGINEER's written decision on which shall include social security contributions, such Claim,dispute,or other matter shall be fmal and binding unemployment, excise, and payroll taxes, workers' upon OWNER and CONTRACTOR unless: compensation,health and retirement benefits,bonuses, sick leave,vacation and holiday pay applicable thereto. 1. an appeal from ENGINEER's decision is taken The expenses of performing Work outside of regular within the time limits and in accordance with the dispute working hours,on Saturday,Sunday,or legal holidays, resolution procedures set forth in Article 16;or shall be included in the above to the extent authorized by OWNER. 2. if no such dispute resolution procedures have been set forth in Article 16,a written notice of intention 2. Cost of all materials and equipment furnished to appeal from ENGINEER's written decision is and incorporated in the Work, including costs of delivered by OWNER or CONTRACTOR to the other transportation and storage thereof, and Suppliers' field and to ENGINEER within 30 days after the date of such services required in connection therewith. All cash decision, and a formal proceeding is instituted by the discounts shall accrue to CONTRACTOR unless appealing party in a forum of competent jurisdiction OWNER deposits funds with CONTRACTOR with within 60 days after the date of such decision or within which to -make payments, in which case the cash 60 days after Substantial Completion,whichever is later discounts shall accrue to OWNER. All trade discounts, (unless otherwise agreed in writing by OWNER and rebates and refunds and returns from sale of surplus CONTRACTOR),to exercise such rights or remedies as materials and equipment shall accrue to OWNER, and the appealing party may have with respect to such Claim, CONTRACTOR shall make provisions so that they may dispute, or other matter in accordance with applicable be obtained. Laws and Regulations. 3. Payments made by CONTRACTOR to C. If ENGINEER does not render a formal decision in Subcontractors for Work performed by Subcontractors. writingwithin the time stated inparagraph 10.05.B,a decision If required by OWNER, CONTRACTOR shall obtain denying the Claim in its entirety shall be deemed to have been competitive bids from subcontractors acceptable to issued 31 days after receipt of the last submittal of the OWNER and CONTRACTOR and shall deliver such claimant or the last submittal of the opposing party,if any. bids to OWNER, who shall then determine; with the advice of ENGINEER, which bids, if any, shall be acceptable. If any subcontract provides that the 00700-24 Subcontractor is to be paid on the basis of Cost of for the purpose of determining CONTRACTOR's the Work plus a fee,the Subcontractor's Cost of the fee. Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and g. The cost of utilities, fuel, and sanitary fee as provided in this paragraph 11.01. facilities at the Site. 4. Costs of special consultants (including but not h. Minor expenses such as telegrams, long limited to engineers, architects, testing laboratories, distance telephone calls, telephone service at the surveyors, attorneys, and accountants) employed for Site, expressage, and similar petty cash items in services specifically related to the Work. connection with the Work. 5. Supplemental costs including the following: i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, a. The proportion of necessary transportation, the cost of premiums for additional Bonds and travel, and subsistence expenses of insurance required because of the changes in the CON IRACTOR's employees incurred in discharge Work or caused by the event giving rise to the Claim. of duties connected with the Work. j. When all the Work is performed on the basis b. Cost, including transportation and of cost-plus,the costs of premiums for all Bonds and maintenance, of all materials, supplies, equipment, insurance CON IRACTOR is required by the machinery, appliances, office, and temporary Contract Documents to purchase and maintain. facilities at the Site,and hand tools not owned by the workers,which are consumed in the performance of B. Costs Excluded:The term Cost of the Work shall not the Work,and cost,less market value,of such items include any of the following items: used but not consumed which remain the property of CONTRACTOR. 1. Payroll costs and other compensation of CON IRACTOR's officers, executives, principals (of c. Rentals of all construction equipment and partnerships and sole proprietorships),general managers, machinery,and the parts thereof whether rented from engineers, architects, estimators, attorneys, auditors, CON IRACTOR or others in accordance with rental accountants, purchasing and contracting agents, ' agreements approved by OWNER with the advice of expediters, timekeepers, clerks, and other personnel ENGINEER,and the costs of transportation,loading, employed by CONTRACTOR,whether at the Site or in unloading, assembly, dismantling, and removal CONTRACTOR's principal or branch office for general thereof. All such costs shall be in accordance with administration of the Work and not specifically included the terms of said rental agreements. The rental of in the agreed upon schedule of job classifications referred any such equipment,machinery,or parts shall cease to in paragraph 11.01.A.1 or specifically covered by when the use thereof is no longer necessary for the paragraph 11.01.A.4, all of which are to be considered Work. administrative costs covered by the CON IRACTOR's fee. d. Sales,consumer,use,and other similar taxes related to the Work,and for which CONTRACTOR 2. Expenses of CONTRACTOR's principal and is liable,imposed by Laws and Regulations. branch offices other than CONTRACTOR's office at the Site. e. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor, 3. Any part of CONTRACTOR's capital expenses, or anyone directly or indirectly employed by any of including interest on CONTRACTOR's capital employed them or for whose acts any of them may be liable, for the Work and charges against CONTRACTOR for and royalty payments and fees for permits and delinquent payments. licenses. 4. Costs due to the negligence of CONTRACTOR, f. Losses and damages(and related expenses) any Subcontractor, or anyone directly or indirectly caused by damage to the Work,not compensated by employed by any of them or for whose acts any of them insurance or otherwise, sustained by may be liable,including but not limited to,the correction CONTRACTOR in connection with the performance of defective Work, disposal of materials or equipment of the Work(except losses and damages within the wrongly supplied, and making good any damage to deductible amounts ofproperty insurance established property. in accordance with paragraph 5.05),provided such losses and damages have resulted from causes other 5. Other overhead or general expense costs of any than the negligence of CONTRACTOR, any kind and the costs of any item not specifically and Subcontractor, or anyone directly or indirectly expressly included in paragraphs 11.01.A and 11.01.B. employed by any of them or for whose acts any of them may be liable. Such losses shall include C. CONTRACTOR's Fee: When all the Work is settlements made with the written consent and performed on the basis of cost-plus, CONTRACTOR's fee approval of OWNER. No such losses,damages,and shall be determined as set forth in the Agreement. When the expenses shall be included in the Cost of the Work value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the 00700-25 basis of Cost of the Work, CON IRACTOR's fee shall be and the parties are unable to agree as to the amount of any determined as set forth in paragraph 12.01.C. such increase or decrease. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR shall establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CON IRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CON IRACTOR agrees that: significantly from the estimated quantity of such item 1. the allowances include the cost to indicated in the Agreement;and CONTRACTOR(less any applicable trade discounts)of materials and equipment required by the allowances to be 2. there is no corresponding adjustment with respect delivered at the Site,and all applicable taxes;and any other item of Work;and 2. CONTRACTOR's costs for unloading and 3. if CONTRACTOR believes that handling on the Site, labor,installation costs,overhead, CONTRACTOR is entitled to an increase in Contract profit, and other expenses contemplated for the Price as a result of having incurred additional expense or allowances have been included in the Contract Price and OWNER believes that OWNER is entitled to a decrease not in the allowances, and no demand for additional in Contract Price payment on account of any of the foregoing shall be valid. ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES B. Prior to final payment,an appropriate Change Order shall be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work 12.01 Change of Contract Price covered by allowances, and the Contract Price shall be correspondingly adjusted. A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an 11.03 Unit Price Work adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the A. Where the Contract Documents provide that all or ENGINEER and the other party to the Contract in accordance part of the Work is to be Unit Price Work, initially the with the provisions of paragraph 10.05. Contract Price shall be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each B. The value of any Work covered by a Change Order separately identified item of Unit Price Work times the or of any Claim for an adjustment in the Contract Price shall estimated quantity of each item as indicated in the Agreement. be determined as follows: The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of 1. where the Work involved is covered by unit Bids and determining an initial Contract Price. prices contained in the Contract Documents, by Determinations of the actual quantities and classifications of application of such unit prices to the quantities of the Unit Price Work performed by CONTRACTOR shall be made items involved (subject to the provisions of paragraph by ENGINEER subject to the provisions of paragraph 9.08. 11.03);or B. Each unit price shall be deemed to include an amount 2. where the Work involved is not covered by unit considered by CONTRACTOR to be adequate to cover prices contained in the Contract Documents, by a CONTRACTOR's overhead and profit for each separately mutually agreed lump sum;or identified item. 3. where the Work involved is not covered by unit C. OWNER or CONTRACTOR may make a Claim for prices contained in the Contract Documents and an adjustment in the Contract Price in accordance with agreement to a lump sum is not reached under paragraph paragraph 10.05 if: 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a 1. the quantity of any item of Unit Price Work_ CONTRACTOR's fee for overhead and profit performed by CONTRACTOR differs materially and (determined as provided in paragraph 12.01.C). 00700-26 C. CONTRACTOR's Fee: The CONTRACTOR's fee A. Where CONTRACTOR is prevented from for overhead and profit shall be determined as follows: completing any part of the Work within the Contract Times(or Milestones) due to delay beyond the control of 1. a mutually acceptable fixed fee;or CONTRACTOR,the Contract Times(or Milestones)shall be extended in an amount equal to the time lost due to such delay 2. if a fixed fee is not agreed upon,then a fee based if a Claim is made therefor as provided in paragraph 12.02.A. on the following percentages of the various portions of Delays beyond the control of CON TRACTOR shall include, the Cost of the Work: but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other a. for costs incurred under paragraphs work as contemplated by Article 7, fires, floods, epidemics, 11.01.A.1 and 11.01.A.2,the CONTRACTOR's fee abnormal weather conditions,or acts of God. shall be 15 percent; 12.04 Delays Within CONTRACTOR's Control b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five A. The Contract Times (or Milestones) shall not be percent; extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a c. where one or more tiers of subcontracts are Subcontractor or Supplier shall be deemed to be delays within on the basis of Cost of the Work plus a fee and no the control of CONTRACTOR. fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually 12.05 DelaysBeyondOWNER'sandCONTRACTOR's performs the Work,at whatever tier,shall be paid a Control fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and A. Where. CONTRACTOR is prevented from 11.01.A.2 and that any higher tier Subcontractor and completing any part of the Work within the Contract Times(or CON TRACTOR shall each be paid a fee of five Milestones)due to delay beyond the control of both OWNER percent of the amount paid to the next lower tier and CONTRACTOR,an extension of the Contract Times(or Subcontractor; Milestones)in an amount equal to the time lost due to such delay shall be CON TRACTOR's sole and exclusive remedy d. no fee shall be payable on the basis of costs for such delay. • itemized under paragraphs 11.01.A.4,11.01.A.5,and 11.01.B; 12.06 Delay Damages e. the amount of credit to be allowed by A. In no event shall OWNER or ENGINEER be liable CONTRACTOR to OWNER for any change which to CONTRACTOR,any Subcontractor,any Supplier,or any results in a net decrease in cost shall be the amount other person or organization,or to any surety for or employee of the actual net decrease in cost plus a deduction in or agent of any of them, for damages arising out of or CONTRACTOR's fee by an amount equal to five resulting from: percent of such net decrease;and 1. delays caused by or within the control of f. when both additions and credits are involved CONTRACTOR;or in any one change, the adjustment in CONTRACTOR's fee shall be computed on the 2. delays beyond the control of both OWNER and basis of the net change in accordance with CONTRACTOR including but not limited to fires, paragraphs 12.01.C.2.a through 12.01.C.2.e, floods,epidemics,abnormal weather conditions,acts of inclusive. God, or acts or neglect by utility owners or other contractors performing other work as contemplated by 12.02 Change of Contract Times Article 7. A. The Contract Times (or Milestones) may only be B. Nothing in this paragraph 12.06 bars a change in changed by a Change Order or by a Written Amendment. Any Contract Price pursuant to this Article 12 to compensate Claim for an adjustment in the Contract Times(or Milestones) CONTRACTOR due to delay, interference, or disruption shall be based on written notice submitted by the party making directly attributable to actions or inactions of OWNER or the claim to the ENGINEER and the other party to the anyone for whom OWNER is responsible. Contract in accordance with the provisions of paragraph 10.05. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times (or DEFECTIVE WORK Milestones)covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) shall be determined in accordance with the provisions of this 13.01 Notice of Defects Article 12. A. Prompt notice of all defective Work of which 12.03 Delays Beyond CONTRACTOR's Control OWNER or ENGINEER has actual knowledge shall be given to CONTRACTOR. All defective Work may be rejected, corrected,or accepted as provided in this Article 13. 00700-27 13.02 Access to Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be A. OWNER,ENGINEER,ENGINEER's Consultants, uncovered for ENGINEER's observation and replaced at other representatives and personnel of OWNER,independent CONTRACTOR's expense. testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the B. If ENGINEER considers it necessary or advisable Work at reasonable times for their observation,inspecting,and that covered Work be observed by ENGINEER or inspected testing. CONTRACTOR shall provide them proper and safe or tested by others, CONTRACTOR, at ENGINEER's conditions for such access and advise them of request, shall uncover, expose, or otherwise make available CONTRACTOR's Site safety procedures and programs so for observation, inspection, or testing as ENGINEER may that they may comply therewith as applicable. require,that portion of the Work in question,furnishing all necessary labor,material,and equipment. If it is found that 13.03 Tests and Inspections such Work is defective,CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all A. CONTRACTOR shall give ENGINEER timely fees and charges of engineers,architects,attorneys,and other notice of readiness of the Work for all required inspections, professionals and all court or arbitration or other dispute tests, or approvals and shall cooperate with inspection and resolution costs)arising out of or relating to such uncovering, testing personnel to facilitate required inspections or tests. exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction(including but not B. OWNER shall employ and pay for the services of an limited to all costs of repair or replacement of work of others); independent testing laboratory to perform all inspections, and OWNER shall be entitled to an appropriate decrease in tests, or approvals required by the Contract Documents the Contract Price. If the parties are unable to agree as to the except: amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05 or as may otherwise by provided 1. for inspections, tests, or approvals covered by by law. paragraphs 13.03.0 and 13.03.D below; 13.05 OWNER May Stop the Work 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B A. If the Work is defective,or CONTRACTOR fails to shall be paid as provided in said paragraph 13.04.B;and supply sufficient skilled workers or suitable materials or equipment,or fails to perform the Work in such a way that the 3. as otherwise specifically provided in the Contract completed Work shall conform to the Contract Documents, Documents. OWNER may order CONTRACTOR to stop the Work,or any portion thereof, until the cause for such order has been C. If Laws or Regulations of any public body having eliminated;however,this right of OWNER to stop the Work jurisdiction require any Work(or part thereof)specifically to shall not give rise to any duty on the part of OWNER to be inspected, tested, or approved by an employee or other exercise this right for the benefit of CONTRACTOR, any representative of such public body, CONTRACTOR shall Subcontractor,any Supplier,any other individual or entity,or assume full responsibility for arranging and obtaining such any surety for,or employee or agent of any of them inspections, tests, or approvals, pay all costs in connection therewith,and furnish ENGINEER the required certificates of 13.06 Correction or Removal of Defective Work inspection or approval. A. CONTRACTOR shall correct all defective Work, D. CONTRACTOR shall be responsible for arranging whether or not fabricated, installed,or completed,or, if the and obtaining and shall pay all costs in connection with any Work has been rejected by ENGINEER,remove it from the _ inspections,tests, or approvals required for OWNER's and Project and replace it with Work that is not defective. ENGINEER's acceptance of materials or equipment to be CONTRACTOR shall pay all Claims, costs, losses, and incorporated in the Work; or acceptance of materials, mix damages(including but not limited to all fees and charges of designs, or equipment submitted for approval prior to engineers,architects,attorneys,and other professionals and all CONTRACTOR's purchase thereof for incorporation in the court or arbitration or other dispute resolution costs)arising Work. Such inspections, tests, or approvals shall be out of or relating to such correction or removal(including but performed by organizations acceptable to OWNER and not limited to all costs of repair or replacement of work of ENGINEER. others). E. If any Work (or the work of others) that is to be 13.07 Correction Period inspected,tested,or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if A. If within one year after the date of Substantial requested by ENGINEER,be uncovered for observation. Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any F. Uncovering Work as provided in paragraph 13.03.E applicable special guarantee required by the Contract shall be at CONTRACTOR's expense unless CONTRACTOR Documents or by any specific provision of.the Contract has given ENGINEER timely notice of CONTRACTOR's Documents,any Work is found to be defective,or if the repair intention to cover the same and ENGINEER has not acted of any damages to the land or areas made available for with reasonable promptness in response to such notice. CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.111A is found to 13.04 Uncovering Work be defective,CONTRACTOR shall promptly,without cost to 00700-28 OWNER and in accordance with OWNER's written A. If CONTRACTOR fails within a reasonable time instructions: (i) repair such defective land or areas, or (ii) after written notice from ENGINEER to correct defective correct such defective Work or,if the defective Work has been Work or to remove and replace rejected Work as required by rejected by OWNER,remove it from the Project and replace ENGINEER in accordance with paragraph 13.06.A, or if it with Work that is not defective, and (iii) satisfactorily CONTRACTOR fails to perform the Work in accordance with correct or repair or remove and replace any damage to other the Contract Documents, or if CONTRACTOR fails to Work,to the work of others or other land or areas resulting comply with any other provision of the Contract Documents, therefrom. If CONTRACTOR does not promptly comply with OWNER may, after seven days written notice to the terms of such instructions,or in an emergency where delay CONTRACTOR,correct and remedy any such deficiency. would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the B. In exercising the rights and remedies under this rejected Work removed and replaced, and all Claims, costs, paragraph, OWNER shall proceed expeditiously. In losses,and damages(including but not limited to all fees and connection with such corrective and remedial action,OWNER charges of engineers, architects, attorneys, and other may exclude CONTRACTOR from all or part of the Site,take professionals and all court or arbitration or other dispute possession of all or part of the Work and suspend resolution costs) arising out of or relating to such correction CONTRACTOR's services related thereto,take possession of or repair or such removal and replacement(including but not CONTRACTOR's tools,appliances,construction equipment limited to all costs of repair or replacement of work of others) and machinery at the Site, and incorporate in the Work all shall be paid by CONTRACTOR. materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored B. In special circumstances where a particular item of elsewhere. CONTRACTOR shall allow OWNER,OWNER's equipment is placed in continuous service before Substantial representatives, agents and employees, OWNER's other Completion of all the Work,the correction period for that item contractors,and ENGINEER and ENGINEER's Consultants may start to run from an earlier date if so provided in the access to the Site to enable OWNER to exercise the rights and Specifications or by Written Amendment. remedies under this paragraph. C. Where defective Work(and damage to other Work C. All Claims,costs,losses,and damages(including but resulting therefrom) has been corrected or removed and . not limited to all fees and charges of engineers, architects, replaced under this paragraph 13.07, the correction period attorneys,and other professionals and all court or arbitration hereunder with respect to such Work shall be extended for an or other dispute resolution costs) incurred or sustained by additional period of one year after such correction or removal OWNER in exercising the rights and remedies under this and replacement has been satisfactorily completed. paragraph 13.09 shall be charged against CONTRACTOR, and a Change Order shall be issued incorporating the D. CONTRACTOR's obligations under this paragraph necessary revisions in the Contract Documents with respect to 13.07 are in addition to any other obligation or warranty. The the Work. Such claims, costs, losses and damages shall provisions of this paragraph 13.07 shall not be construed as a include but not be limited to all costs of repair,or replacement substitute for or a waiver of the provisions of any applicable of work of others destroyed or damaged by correction, statute of limitation or repose. removal, or replacement of CONTRACTOR's defective Work. 13.08 Acceptance of Defective Work D. CONTRACTOR shall not be allowed an extension of A. If, instead of requiring correction or removal and the Contract Times(or Milestones)because of any delay in the replacement of defective Work, OWNER (and, prior to performance of the Work attributable to the exercise by ENGINEER's recommendation of final payment, OWNER of OWNER's rights and remedies under this. ENGINEER) prefers to accept it, OWNER may do so. paragraph 13.09. CON TRACTOR shall pay all Claims, costs, losses, and damages(including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all ARTICLE 14-PAYMENTS TO CON TRACTOR AND court or arbitration or other dispute resolution costs) COMPLETION attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness)and the diminished value 14.01 Schedule of Values of the Work to the extent not otherwise paid by CON TRACTOR pursuant to this sentence. If any such A. The schedule of values established as provided in acceptance occurs prior to ENGINEER's recommendation of paragraph 2.07.A shall serve as the basis for progress final payment,a Change Order shall be issued incorporating payments and shall be incorporated into a form of Application the necessary revisions in the Contract Documents with for Payment acceptable to ENGINEER. Progress payments on respect to the Work, and OWNER shall be entitled to an account of Unit Price Work shall be based on the number of appropriate decrease in the Contract Price, reflecting the units completed. diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof,OWNER may make B. CON TRACTOR shall submit revisions to the initial a Claim therefor as provided in paragraph 10.05. If the schedule ofprogress payments whenever actual outlays for the acceptance occurs after such recommendation,an appropriate Work vary beyond -5 percent and.+10 percent from the amount shall be paid by CONTRACTOR to OWNER. schedule,as determined by ENGINEER. 13.09 OWNER May Correct Defective Work 14.02 Progress Payments 00700-29 A. Applications for Payments c. the conditions precedent to CONTRACTOR's being entitled to such payment 1. At least 20 days before the date established for appear to have been fulfilled in so far as it is each progress payment(but not more often than once a ENGINEER's responsibility to observe the Work. month),CONTRACTOR shall submit to ENGINEER for review an.Application for Payment filled out and signed 3. By recommending any such payment by CONTRACTOR covering the Work completed as of ENGINEER shall not thereby be deemed to have the date of the Application and accompanied by such represented that:(i)inspections made to check the quality supporting documentation as is required by the Contract or the quantity of the Work as it has been performed have Documents. If payment is requested on the basis of been exhaustive,extended to every aspect of the Work in materials and equipment not incorporated in the Work but progress, or involved detailed inspections of the Work delivered and suitably stored at the Site or at another beyond the responsibilities specifically assigned to location agreed to in writing,the Application for Payment ENGINEER in the Contract Documents;or(ii)that there shall also be accompanied by a bill of sale, invoice, or may not be other matters or issues between the parties other documentation warranting that OWNER has that might entitle CONTRACTOR to be paid additionally received the materials and equipment free and clear of all by OWNER or entitle OWNER to withhold payment to Liens and evidence that the materials and equipment are CONTRACTOR. covered by appropriate property insurance or other arrangements to protect OWNER's interest therein,all of 4. ENGINEER may refuse to recommend the whole which must be satisfactory to OWNER. or any part of any payment if,in ENGINEER's opinion, it would be incorrect to make the representations to 2. Beginning with the second Application for OWNER referred to in paragraph 14.02.B.2. Payment,each Application shall include an affidavit of ENGINEER may also refuse to recommend any such CONTRACTOR stating that all previous progress payment or,because of subsequently discovered evidence payments received on account of the Work have been or the results of subsequent inspections or tests,revise or applied on account to discharge CONTRACTOR's revoke any such payment recommendation previously legitimate obligations associated with prior Applications made, to such extent as may be necessary in for Payment. ENGINEER's opinion to protect OWNER from loss because: 3. The amount of retainage with respect to pro-gress payments shall be as stipulated in the Agreement. a. the Work is defective, or completed Work has been damaged, requiring correction or B. Review of Applications replacement; 1.. ENGINEER shall,within 10 days after receipt of b. the Contract Price has been reduced by each Application for Payment,either indicate in writing Written Amendment or Change Orders; a recommendation of payment and present the Application to OWNER or return the Application to c. OWNER has been required to correct CONTRACTOR indicating in writing ENGINEER's defective Work or complete Work in accordance reasons for refusing to recommend payment. In the latter with paragraph 13.09;or case, CONTRACTOR may make the necessary corrections and resubmit the Application. d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in 2. ENGINEER's recommendation of any payment paragraph 15.02.A. requested in an Application for Payment shall constitute a representation by ENGINEER to OWNER,based on C. Payment Becomes Due ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional 1. Within 30 days after presentation of the , and on ENGINEER's review of the Application for Application for Payment to OWNER with ENGINEER's Payment and the accompanying data and schedules,that recommendation,the amount recommended shall(subject to the best of ENGINEER's knowledge,information and to the provisions of paragraph 14.02.D)become due,and belief: when due shall be paid by OWNER to CONTRACTOR. a. the Work has progressed to the point D. Reduction in Payment indicated; 1. OWNER may refuse to make payment of the full b. the quality of the Work is generally in amount recommended by ENGINEER because: accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole a. claims have been made against OWNER on prior to or upon Substantial Completion, to the account of CONTRACTOR's performance or results of any subsequent tests called for in the furnishing of the Work; Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work b. Liens have been filed in connection with the under paragraph 9.08,and to any other qualifications Work; stated in the recommendation);and 00700-30 • c. there are other items entitling OWNER to a Completion, but OWNER shall allow CONTRACTOR set-off against the amount recommended;or reasonable access to complete or correct items on the tentative list. d. OWNER has actual knowledge of the occurrence of any of the events enumerated in 14.05 Partial Utilization paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. A. Use by OWNER at OWNER's option of any substantially completed part of the Work that has specifically been identified in the Contract Documents, or which 14.03 CONTRACTOR's Warranty of Title OWNER,ENGINEER,and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can A. CONTRACTOR warrants and guarantees that title to be used by OWNER for its intended purpose without all Work, materials, and equipment covered by any significant interference with CONTRACTOR's performance Application for Payment,whether incorporated in the Project of the remainder of the Work,may be accomplished prior to or not, shall pass to OWNER no later than the time of Substantial Completion of all the Work subject to the payment free and clear of all Liens. following conditions. 14.04 Substantial Completion 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any A. When CONTRACTOR considers the entire Work such part of the Work which OWNER believes to be ready for its intended use CON TRACTOR shall notify ready for its intended use and substantially complete. If OWNER and ENGINEER in writing that the entire Work is CONTRACTOR agrees that such part of the Work is substantially complete(except for items specifically listed by substantially complete,CONTRACTOR shall certify to CONTRACTOR as incomplete)and request that ENGINEER OWNER and ENGINEER that such part of the Work is issue a certificate of Substantial Completion. Promptly substantially complete and request ENGINEER to issue thereafter,OWNER,CON TRACTOR,and ENGINEER shall a certificate of Substantial Completion for that part of the make an inspection of the Work to determine the status of Work. CONTRACTOR at any time may notify OWNER completion. If ENGINEER does not consider the Work and ENGINEER in writing that CONTRACTOR substantially complete, ENGINEER shall notify considers any such part of the Work ready for its intended CONTRACTOR in writing giving the reasons therefor. If use and substantially complete and request ENGINEER ENGINEER considers the Work substantially complete, to issue a certificate of Substantial Completion for that ENGINEER shall prepare and deliver to OWNER a tentative part of the Work. Within a reasonable time after either certificate of Substantial Completion which shall fix the date such request, OWNER, CONTRACTOR, and of Substantial Completion. There shall be attached to the ENGINEER shall make an inspection of that part of the certificate a tentative list of items to be completed or corrected Work to determine its status of completion. If before final payment. OWNER shall have fourteen days after ENGINEER does not consider that part of the Work to be receipt of the tentative certificate during which to make substantially complete,ENGINEER shall notify OWNER written objection to ENGINEER as to any provisions of the and CONTRACTOR in writing giving the reasons certificate or attached list. If, after considering such therefor. If ENGINEER considers that part of the Work objections, ENGINEER concludes that the Work is not to be substantially complete,the provisions of paragraph substantially complete,ENGINEER shall within 14 days after 14.04 shall apply with respect to certification of submission of the tentative certificate to OWNER notify Substantial Completion of that part of the Work and the CONTRACTOR in writing,stating the reasons therefor. If, division of responsibility in respect thereof and access after consideration of OWNER's objections, ENGINEER thereto. considers the Work substantially complete,ENGINEER shall within said 14 days execute and deliver to OWNER and 2. No occupancy or separate operation ofpart of the CONTRACTOR a definitive and fmal certificate of Work may occur prior to compliance with the Substantial Completion(with a revised tentative list of items requirements of paragraph 5.10 regarding property to be completed or corrected)reflecting such changes from the insurance. tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of 14.06 Final Inspection delivery of the tentative certificate of Substantial Completion ENGINEER shall deliver to OWNER and CONTRACTOR a A. Upon written notice from CON TRACTOR that the written recommendation as to division of responsibilities entire Work or an agreed portion thereof is complete, pending final payment between OWNER and ENGINEER shall promptly make a final inspection with CONTRACTOR with respect to security, operation, safety, OWNER and CONTRACTOR and shall notify and protection of the Work, maintenance, heat, utilities, CONTRACTOR in writing of all particulars in which this insurance, and warranties and guarantees. Unless OWNER inspection reveals that the Work is incomplete or defective. and CONTRACTOR agree otherwise in writing and so inform CONTRACTOR shall immediately take such measures as are ENGINEER in writing prior to ENGINEER's issuing the necessary to complete such Work or remedy such deficiencies. defmitive and final certificate of Substantial Completion, ENGINEER's aforesaid recommendation shall be binding on 14.07 Final Payment OWNER and CONTRACTOR until fmal payment. A. Application for Payment B. OWNER shall have the right to exclude CON TRACTOR from the Site after the date of Substantial 00700-31 1. After CONTRACTOR has, in the opinion of CONTRACTOR's continuing obligations under the ENGINEER, satisfactorily completed all corrections Contract Documents;and identified during the final inspection and has delivered, in accordance with the Contract Documents, all 2. a waiver of all Claims by CON TRACTOR maintenance and operating instructions, schedules, against OWNER other than those previously made in guarantees, Bonds, certificates or other evidence of writing which are still unsettled. insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CON TRACTOR may make application for ARTICLE 15 -TERMINATION final payment following the procedure for progress payments. 2. The final Application for Payment shall be 15.01 OWNER May Terminate for Cause accompanied(except as previously delivered)by:(i)all documentation called for in the Contract Documents, A. The occurrence of any one or more of the following including but not limited to the evidence of insurance events shall justify termination for cause: I required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to fmal payment; and (iii) complete and 1. CONTRACTOR's persistent failure to perform legally effective releases or waivers (satisfactory to the Work in accordance with the Contract Documents OWNER)of all Lien rights arising out of or Liens filed (including,but not limited to,failure to supply sufficient in connection with the Work. skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established B. Review of Application and Acceptance under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 1. If,on the basis of ENGINEER's observation of the Work during construction and fmal inspection, and 2. CONTRACTOR's disregard of Laws or ENGINEER's review of the final Application for Regulations of any public body having jurisdiction; Payment and accompanying documentation as required by the Contract Documents,ENGINEER is satisfied that 3. CONTRACTOR's disregard of the authority of. the Work has been completed and CONTRACTOR's ENGINEER;or other obligations under the Contract Documents have been fulfilled, ENGINEER shall, within ten days after 4. CONTRACTOR's violation in any substantial receipt of the final Application for Payment,indicate in way of any provisions of the Contract Documents. writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for B. If one or more of the events identified in paragraph payment. At the same time ENGINEER shall also give 15.01.A occur,OWNER may,after giving CONTRACTOR written notice to OWNER and CON TRACTOR that the (and the surety,if any)seven days written notice,terminate the Work is acceptable subject to the provisions of paragraph services of CONTRACTOR,exclude CONTRACTOR from 14.09. Otherwise, ENGINEER shall return the the Site, and take possession of the Work and of all Application for Payment to CONTRACTOR,indicating CONTRACTOR's tools,appliances,construction equipment, in writing the reasons for refusing to recommend fmal and machinery at the Site,and use the same to the full extent payment,in which case CONTRACTOR shall make the they could be used by CONTRACTOR(without liability to necessary corrections and resubmit the Application for CONTRACTOR for trespass or conversion), incorporate in Payment. the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are C. Payment Becomes Due stored elsewhere,and finish the Work as OWNER may deem expedient. In such case,CONTRACTOR shall not be entitled 1. Thirty days after the presentation to OWNER of to receive any further payment until the Work is fmished. If the Application for Payment and accompanying the unpaid balance of the Contract Price exceeds all claims, documentation, the amount recommended by costs, losses, and damages (including but not limited to all ENGINEER shall become due and,when due, shall be fees and charges of engineers,architects,attorneys,and other paid by OWNER to CON TRACTOR. professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work,such excess shall be paid to 14.08 Waiver of Claims CONTRACTOR. If such claims,costs,losses,and damages exceed such unpaid balance, CON1RACTOR shall pay the A. The making and acceptance of final payment shall difference to OWNER. Such claims, costs, losses, and constitute: damages incurred by OWNER shall be reviewed by ENGINEER as to their reasonableness and,when so approved 1. a waiver of all Claims by OWNER against by ENGINEER, incorporated in a Change Order. When CON TRACTOR, except Claims arising from unsettled exercising any rights or remedies under this paragraph Liens, from defective Work appearing after fmal OWNER shall not be required to obtain the lowest price for inspection pursuant to paragraph 14.06, from failure to the Work performed. comply with the Contract Documents or the terms of any special guarantees specified therein, or from C. Where CONTRACTOR's services have been so terminated by OWNER,the termination shall not affect any 00700-32 rights or remedies of OWNER against CONTRACTOR then A. When any period of time is referred to in the Contract existing or which may thereafter accrue. Any retention or Documents by days, it shall be computed to exclude the first payment of moneys due CONTRACTOR by OWNER shall and include the last day of such period. If the last day of any not release CONTRACTOR from liability. such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such 15.02 OWNER May Terminate For Convenience day shall be omitted from the computation. A. Upon seven days written notice to CONTRACTOR 17.03 Cumulative Remedies and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to A. The duties and obligations imposed by these General terminate the Contract. In such case, CONTRACTOR shall Conditions and the rights and remedies available hereunder to be paid(without duplication of any items): the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and 1. for completed and acceptable Work executed in remedies available to any or all of them which are otherwise accordance with the Contract Documents prior to the imposed or available by Laws or Regulations, by special effective date of termination, including fair and warranty or guarantee,or by other provisions of the Contract reasonable sums for overhead and profit on such Work; Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents 2. for expenses sustained prior to the effective date in connection with each particular duty,obligation,right,and of termination in performing services and furnishing remedy to which they apply. labor,materials,or equipment as required by the Contract Documents in connection with uncompleted Work,plus 17.04 Survival of Obligations fair and reasonable sums for overhead and profit on such expenses; A. All representations,indemnifications,warranties,and guarantees made in,required by,or given in accordance with 3. for all claims, costs, losses, and damages the Contract Documents,as well as all continuing obligations (including but not limited to all fees and charges of indicated in the Contract Documents, shall survive fmal engineers, architects, attorneys, and other professionals payment, completion, and acceptance of the Work or and all court or arbitration or other dispute resolution termination or completion of the Agreement. costs) incurred in settlement of terminated contracts with Subcontractors,Suppliers,and others;and 17.05 Controlling Law 4. for reasonable expenses directly attributable to A. This Contract is to be governed by the law of Illinois. termination. 17.06 Professional Fees and Court Costs Included B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising A. Whenever reference is made to"claims,costs,losses out of or resulting from such termination. and damages,it shall specifically exclude all fees and charges of attorneys and all court or dispute resolution costs. ARTICLE 16-DISPUTE RESOLUTION 17.07 Prevailing Wage Rates A. CONTRACTOR shall comply with the attached 16.01 Methods and Procedures prevailing wage rates as determined by the Illinois Department of Labor. A. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any dispute or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County. ARTICLE 17-MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 17.02 Computation of Times 00700-33 Supplemental Conditions SCOPE. These Supplemental Conditions amend or supplement the General Conditions and other provisions of the Contract Documents as indicated herein. All provisions which are not so amended or supplemented remain in full force and effect. The following is added as Section 5.03 D: Each policy must list the City as an additional insured. The Contractor and all Subcontractors waive subrogation rights against the City for all losses. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance program afforded to the City of Elgin. There shall be no endorsement or modification of such insurance to make it excess over other available insurance,and alternatively,if the insurance states that it is excess or pro rata,it shall be endorsed to be primary with respect to the City of Elgin. The insurance required shall include all major division of coverage and shall be on a comprehensive general basis including Premise and Operations(including X-C-U),Products and Completed Operations,and Owned,Non- owned,Leased,and Hired Motor Vehicles. Such insurance shall be written for not less than any limits of liability required by law or the following limits,whichever are greater: Commercial Liability General Aggregate $2 Million Products Completed Operations Aggregate $1 Million Personal Injury and Advertising Limit $1 Million Each Occurrence $1 Million Automotive-for all owned,non-owned,hired and leased vehicles Combined single limit $1 Million or Bodily injury- each person $500,000 each accident $1 Million Property damage-each occurrence $1 Million Umbrella Combined single limit $2 Million General aggregate $2 Million Worker's Compensation Statutory $1 Million Employer's Liability $100,000 Builder's Risk $ The Contractor may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of liability required for the insurance to be purchased and maintained in accordance with the requirements set forth above. Any such amounts must be in addition to the umbrella limits required,must list all underlying policies, and must list the City as an additional insured. Evidence of such excess liability shall be delivered to the City in the same form and manner as the required insurance policies. The City reserves the right,at its sole discretion,to amend the insurance requirements contained herein. All insurance shall be written on an occurrence basis,unless the City approves in writing coverage on a claims- made basis. Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption from the date of commencement of the Work until the date of fmal payment and termination of any coverage required to be maintained after fmal payment. • • Certificates of Insurance acceptable to the City and confirming the insurance coverage required herein are attached to the Contract. The City shall have no obligation to execute the Contract and may award the Contract to the next lowest responsible and responsive bidder,if such insurance certificates have not been provided to the City within five(5)business days after presentation of the Contract to the Contractor for execution. The Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending limits of coverage. BIG TIMBER ROAD LIGHTING PROJECT CITY OF ELGIN, ILLINOIS SPECIAL CONDITIONS TABLE OF CONTENTS Section Title Page Number 4.1 Scope of Work SC-1 4.2 Reference to Standard Specifications SC-1 4.3 Drawings and Specifications SC-1 4.4 Examination of Existing Conditions at Project Site SC-1 4.5 Schedule of Progress and Completion SC-2 4.6 Progress Payments to Contractor SC-2 4.7 Payment for Change Order Work Involving Subcontractor SC-2 4.8 Equivalent Equipment SC-2 - SC-3 4.9 Record Drawings SC-3 4.10 Utility Locations SC-3 4.11 Property and Right-Of-Way Markers SC-3 4.12 Line and Grade Stakes SC-3 4.13 Safety Requirements and Protection of Property SC-4 - SC-5 01265-01 • SPECIAL CONDITIONS 4.1 Scope of Work The work covered by these documents consists of the construction of roadway lighting system including but not limited to Roadway Fixtures and associated foundation, roadway lighting controllers, and approximately 5,000 LF o f power conductors in conduit as shown on the drawings and described in the specifications. It is the intent that payment as set forth in the Agreement shall include all labor, material and equipment necessary to construct the work as shown on the drawings and as specified. No additional payment will be made for construction of the work shown and specified. 4.2 Reference to Standard Specifications All electrical equipment shall be installed in conformance with NFPA 70 (most current issue), all respective equipment manufacturer's directions and all other applicable local codes, Laws, ordinances and requirements in force. Any installations which void the U.L. Listings (or other third party listing) and/or the Manufacturer's warranty of a device shall not be permitted. The General Conditions, General Specifications, Detailed Specifications and Plans shall govern the work in the event of a conflict with the Standard Specifications. In addition all work shall be governed by the Illinois Department of Transportation "Standard Specifications for Road & Bridge Construction", January 1, 2002. 4.3 Drawings and Specifications Should there be a conflict between the plans, the General Specifications and the Special Provisions, the plans shall prevail over the Special Provisions, and the Special Provisions shall prevail over the General Specifications. The General Specifications are intended to describe the quality of materials and acceptable construction techniques for general areas of work, and portions of these General Specifications may not apply to this project. The Special Provisions are intended to supplement the General Specifications and to outline requirements suited to this particular project. The Contractor shall be required to maintain a set of plans and specifications on the jobsite at all times work is in progress, and the Contractor shall make these documents available to the Engineer upon request. 4.4 Examination of Existing Conditions at Project Site It shall be the responsibility of the Contractor to satisfy himself as to the conditions which will be encountered during the performance of the work. Failure to do so will not be considered as grounds for additional compensation due to the unforeseen adverse conditions which may be encountered during the performance of the work. This Special Condition shall, however, be subject to Item 7 of the Supplementary General Conditions, which has precedence. SC-1 SPECIAL CONDITIONS 4.5 Schedule of Progress and Completion The work covered by this contract shall be started not later than fourteen (14) days after the execution and acceptance of the contract and contract bond. Bidders shall note that the amount of time allowed for completion of all of the work is stated in the proposal. Before the start of construction, the Contractor shall submit to the Engineer, a detailed progress schedule which shall identify all major items of work. It shall show scheduled monthly completion percentages and shall be reviewed and/or revised monthly and with all time extensions. 4.6 Progress Payments to Contractor The Owner will make progress payments to the Contractor within 30 calendar days of the date of receipt of a request for payment. Progress payments will be made for work completed on or before the last day of each month. Payment requests approved by the Contractor and Engineer will be presented to the Owner for approval. 4.7 Payment for Change Order Work Involving Subcontractors When changes from the plans and specifications are made and the issuance of change orders if involved, the Contractor shall submit a written proposal to the Engineer listing material cost, labor and equipment cost, and overhead and profit. Where subcontractors are involved in change order work, the overhead and profit for the subcontractor shall not exceed 15%, and the overhead and profit added to the subcontractor's proposal by the Contractor shall not exceed 7%. 4.8 Equivalent Equipment In any case where a specific material or equipment is mentioned in the specifications or on the plans, it is understood and construed as meaning to indicate the type of material or equipment desired, and is not intended in any way to bar the use of any material or equipment or makes of equal quality. The plans have been prepared on the basis of the equipment first named in the specifications. The Contractor shall note that provisions are made for use of other equipment accepted as equal, but in some cases additional design may be required to accommodate this equipment into the project. The Contractor desiring to use equipment not named but accepted as equal must pay the cost of any additional engineering incurred by using anything other than the named equipment. Changes from the structure shown to facilitate use of that equipment shall not be a basis for additional payment; neither shall changes in electrical controls or wiring or piping caused by the use of not named but accepted as equal equipment be a basis for additional payment. SC-2 SPECIAL CONDITIONS The Contractor shall note that he shall indicate the manufacturer for the items on the List of Equipment in the proposal, and that he will be required to use that equipment if it is equal to the equipment specified. 4.9 Record Drawings The Contractor shall, during the progress of the job, record any and all changes or deviations from the original drawings, and, at the completion of the project, shall deliver to the Engineer a marked-up set of"record drawings." 4.10 Utility Locations The location, size and type of material of existing underground utilities indicated on the plans is not represented as being accurate, sufficient or complete. It shall be the Contractor's responsibility to determine the actual location of all such facilities, including service connections to underground utilities. Prior to construction, the Contractor shall notify the utility company of his operational plans and shall obtain from the respective utility companies detailed information and assistance relative to the location of their facilities. IN addition the contractor shall contact the City of Elgin Public Works at (847) 697-3160 for located requests for City maintained utilities in addition to the normal J.U.L.I.E. requests. In the event an unexpected utility interference is encountered during construction, the Contractor shall immediately notify the utility company of jurisdiction. The Engineer shall also be immediately notified. Any such mains and services disturbed by the Contractor's operations shall be restored to service at once. Whenever possible, residents shall be notified in advance if their house service is to be disconnected and no house shall be left without service overnight. See Special Provisions Item, "Utility Protection and Relocation." 4.11 Property and Right-of-Way Markers Any and all survey monuments which are disturbed by the Contractor's operations during construction shall be relocated and replaced with a similar monument by a Land Surveyor registered in the State of Illinois. Survey monuments shall include iron pins, iron pipes, concrete posts, stones, etc. which designate property corners, right-of-way lines, section corners or other land survey reference points. Survey monuments shall be located and tied to nearby landmarks by a land surveyor prior to excavation, if information is available in advance of construction that survey monuments will be disturbed. The Contractor shall bear the cost of a Registered Land Surveyor replacing survey monuments which are disturbed, and the cost shall be incidental to the contract. 4.12 Line and Grade Stakes The Owner, through his Engineer, will set line and grade reference stakes as a guide for construction. SC-3 SPECIAL CONDITIONS The Contractor shall notify the Engineer of his need for line and grade stakes at specific locations one week in advance of such needs. All stakes to be used as a guide in construction shall be furnished to the Engineer by the Contractor. Any stakes set by the Engineer shall be protected by the Contractor and in event of disturbance, shall be replaced by the Engineer and the cost thereof shall be deducted from amounts otherwise due to the Contractor. 4.13 Safety Requirements and Protection of Property Contractor's Responsibility for Safety The Contractor is responsible for jobsite safety and ensuring safe conditions on the jobsite, including safety of all persons and property during the contract period. This requirement shall apply continuously and not be limited to normal working hours. Federal, State and Local Safety Requirements Safety provisions shall conform to the Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified elsewhere in these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations or relieve him of the penalties set forth therein. Safe Access to the Work The Contractor shall at all times provide proper facilities for safe access to the work by the Owner, the Engineer, and his authorized representatives. Safety Equipment The Contractor shall maintain at the jobsite safety equipment applicable to the work as prescribed by the governing safety authorities and all articles necessary for giving first aid to the injured and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The performance of all work and all completed construction, particularly with respect to ladders, platforms, structure openings, scaffolding, shoring, lagging, and machinery guards, shall be in accordance with the requirements of applicable governing safety authorities. Safety and Access to Property Comply with all rules and regulations of the City, State, and County authorities regarding closing or restricting the use of public streets or highways. Conduct the work so as to assure the least possible obstruction to traffic both within and outside of the work site. Protect all obstructions within traveled roadways by installing approved signs, barricades, SC-4 SPECIAL CONDITIONS and lights where necessary for the safety of the public. The convenience of the general public and residents adjacent to the project, and the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. All openings to installed pipes shall be covered whenever Contractor's personnel are not present. As a minimum requirement the cover shall consist of 1/2-inch thick plywood that is blocked and braced to prevent entry by humans or animals. All equipment, stored pipe, and other materials shall be carefully secured when not in use to prevent injury to persons and animals. Protection of Public Property The Contractor shall employ such means and methods as necessary to adequately protect public property and property of the Owner against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the Owner of said property. SC-5 ELGIN, ILLINOIS SPECIAL PROVISIONS TABLE OF CONTENTS Title Page Number Description of Work SP-1 Subcontractor Approval SP-1 Progress Schedule SP-1 Cooperation Between Contractors SP-1 Right-of-Way Restrictions SP-1 J.U.L.I.E. SP-2 Maintenance of Traffic SP-2 - SP-4 Control of Work SP-4 - SP-5 Use of Fire Hydrants SP-5 Sodding and Supplemental Watering SP-5 Shop Drawings SP-5 Roadway Lighting SP-5 - SP-17 Index for Supplemental Spec and Recurring Spec Prov. SP-22 — SP-23 Flagger Vests (BDE) SP-24 Construction Zone Traffic Control SP-25 Flaggers in Work Zone SP-26 Flagger Certification SP-27 Construction and Maintenance Signs SP-28 Traffic Control Deficiency Deduction SP-29 Cooperation with Utilities SP-30 — SP-31 Selection of Labor SP-32 Hydrant Meter Policy SP-33 SPECIAL PROVISIONS The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction", adopted January 1, 2002; the latest edition of the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", and the "Manual of Test Procedures for Materials" in effect on the date of invitation for bids; the "Supplemental Specifications and Recurring Special Provisions" indicated on the check sheet included herein which apply to and govern the construction of the proposed improvements to Big Timber Road Lighting Project, and in case of conflict with any part or parts of said specifications, the said Special Provisions shall take precedence and shall govern. Inclusive of the General Contractor and the Subcontractors, an English speaking foreman shall be present on the job site at all times. DESCRIPTION OF WORK The work covered by these documents consists of the construction of roadway lighting system including but not limited to Roadway Fixtures and associated foundation, roadway lighting controllers, and approximately 5,000 LF of power conductors in conduit and other incidental work as required by the Contract Documents. SUBCONTRACTOR APPROVAL Prior to awarding the contract to the lowest qualified bidder, the selected general contractor must submit a list of all subcontractors and material suppliers for approval by the City of Elgin's Engineering Division. The City reserves the right to reject any subcontractor or material supplier for any reason. This same requirement applies to any subcontractor or material supplier being substituted by another after construction has started. PROGRESS SCHEDULE The Contractor shall provide a written project bar schedule indicating the schedule and duration of all major items of work at the preconstruction meeting for review and approval by the Engineer. The Contractor shall submit a revised project schedule at any time during the course of completion of the work if the project completion date is expected to change, or as requested by the Engineer. COOPERATION BETWEEN CONTRACTORS The Contractor for this project shall cooperate with other contractors in accordance with Article 105.08 of the Standard Specifications for Road and Bridge Construction. RIGHT-OF-WAY RESTRICTIONS No construction equipment, materials or contractor's vehicles shall be placed or driven on the "TREE BANKS" or"PARKWAYS" without written authorization from the Engineering Division. For example, concrete trucks have to be equipped with enough chutes so that it is NOT necessary to drive over the tree bank area to reach the item being poured. Failure to comply with this item will result in job suspension until the Engineering Division receives acceptable documentation that one, they agree to restore the area in question at their expense, and two, they specify the steps that will be implemented to insure it will not happen again. SP-1 SPECIAL PROVISIONS J.U.L.I.E. The Contractor shall notify J.U.L.I.E. (1-800-892-1234) and City of Elgin - (847)697-3160 for water, sewer and City electrical facilities at least 48 hours prior to the construction start. MAINTENANCE OF TRAFFIC Traffic Control Plan Traffic control shall be in accordance with applicable sections of the Standard Specifications for Road and Bridge Construction, the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways, these special provisions, and any special details and Highway Standards contained herein and in the plans, and the Standard Specifications for Traffic Control Items Special attention is called to Section 701 and Section 702 of the Standard Specifications for Road and Bridge Construction and the following Highway Standards, details, and Supplemental Specifications contained herein, relating to traffic control. Highway Standards 701602 702001-2 Special Details Suggested Construction Staging and Maintenance of Traffic Special Provisions Traffic Control Deficiency Deduction Flaggers Vests Construction Zone Traffic Control Flagger Certification Flaggers in Work Zones Construction and Maintenance Signs Traffic Control and Protection This item of work shall include the furnishing, installing, maintaining, relocating and removing all traffic control devices used for the purpose of regulating, warning, or directing traffic during the construction or maintenance of this improvement. Traffic control and protection shall be provided, these special provisions, applicable Highway Standards, applicable sections of the Standard Specifications, or as directed by the Engineer. The following traffic control requirements are of special importance. Conformance to these requirements, however, shall not relieve the Contractor from conforming to all other applicable requirements of the Standard Specifications for Road and Bridge Construction. SP-2 SPECIAL PROVISIONS The governing factor in the execution and staging of work for this project is to provide the motoring public with the safest possible travel conditions along the roadway through this construction zone. The Contractor shall so arrange his operations as to keep the closing of any lane of the roadway to a minimum. All traffic control devices used on this project shall conform to the plans, special provisions, traffic control standards, Standard Specifications for Traffic Control Items, and the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. No modifications of these requirements will be allowed without prior written approval of the Engineer. Traffic control devices include signs and their supports, signals, pavement markings, barricades with sandbags, channelizing devices, warning lights, arrow boards, flaggers, or any other device used for the purpose of regulating, warning, or guiding traffic through the construction zone. The Contractor will be responsible for the proper location, installation, and arrangement of all traffic control devices. Special attention shall be given to advance warning signs during construction operations in order to keep lane assignment consistent with barricade placement at all times. The Contractor shall cover or remove all traffic control devices which are inconsistent with detour or lane assignment patterns during the transition from one construction stage to another. Construction signs referring to daytime lane closures during working hours shall be removed or covered during non-working hours. The Contractor shall coordinate all traffic control work on this project with adjoining or overlapping projects, including barricade placement to provide a uniform traffic detour pattern. When directed by the Engineer, the Contractor shall remove all traffic control devices which were furnished, installed, and maintained by him under his contract, and such devices shall remain the property of the Contractor. All traffic control devices shall remain in place until specific authorization for relocation or removal is received from the Engineer. The Contractor shall ensure that all traffic control devices installed by him are operational 24 hours a day, including Sundays and holidays. The Contractor shall be reachable on a 24 hour-a -day basis to receive notification of any deficiencies regarding traffic control and protection and shall dispatch personnel, materials, and equipment to correct any such deficiencies. The Contractor shall respond to any call from the City concerning a request for improving or correcting traffic control devices and begin making the requested repairs within two hours from the time of notification. When traveling in lanes open to public traffic, the Contractor's vehicles shall always move with and not against the flow of traffic. These vehicles shall enter and leave work areas in a manner which will not be hazardous to or interfere with traffic and shall not park or stop except within designated work areas. Personal vehicles shall not park within the right-of-way except in specific areas designated by the Engineer. Any drop off greater than three inches, but less than six inches, within eight feet of the pavement edge shall be protected by Type I or II barricades equipped with mono-directional steady burn lights at 100-foot center to center spacing. If the drop off within eight feet of the pavement edge exceeds six inches, the barricades mentioned above shall be placed at 50-foot center-to-center spacing. Barricades that must be placed in excavated areas shall have leg SP-3 SPECIAL PROVISIONS extensions installed such that the top of the barricade is in compliance with the height requirement of Standard 702001. Vertical panels or other delineating devices may be substituted for Type I or Type II barricades with the approval of the Engineer. Check barricades shall be placed in work areas perpendicular to traffic every 500 feet, one per lane and shoulder, to prevent motorists from using work areas as traveled way. Additional check barricades shall be placed in advance of any hazard in the work area which would endanger a motorist. Check barricades shall be Type I or Type II and equipped with one flashing light. Placement of all signs and barricades shall proceed in the direction of flow of traffic. Removal of all signs and barricades shall start at the end of the construction areas and proceed toward on coming traffic unless otherwise directed by the Engineer. Delays to the Contractor caused by complying with these requirements will be considered included in the item and no additional compensation will be allowed. Method of Measurement This item of work will be measured on a lump sum basis for furnishing, installing, maintaining, relocating and removing the traffic control devices required in the plans and these special provisions. Basis of Payment This work shall be paid for at the contract lump sum price for TRAFFIC CONTROL AND PROTECTION, for the standard specified, which price shall be payment in full for all labor, materials, transportation, handling, and incidentals necessary to furnish, install, maintain, and remove all traffic control devices indicated in the plans and specifications. For clarification of the pay out schedule for traffic control items, payment in the amount of one-half of the contract unit price will be made for the respective traffic control item upon completion and acceptance of the initial set up. The remaining one-half will be paid at the time the traffic control set-up is removed. CONTROL OF WORK The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. The Contractor shall furnish certification to the Engineer that all materials are from IDOT approved sources and that all materials meet contract specifications. The Resident Engineer shall be responsible for on-site administration of the construction contract and observation and documentation of the progress and quality of the Contractor's work. The Resident Engineer's appointed Project Representative shall visit the site to observe the progress of the project and provide testing of materials. The appointed Project Representative • will assist the Resident Engineer in determining if the work is proceeding in accordance with the plans and specification. On the basis of such on-site visits, the Project Representative will inform the City of the progress of the work and will endeavor to guard the City against defects and SP-4 SPECIAL PROVISIONS deficiencies in the work. The Project Representative's duty to conduct these observations and construction reviews of the Contractor's performance does not include supervision of the work or review of the adequacy of the Contractor's safety measures in or near the construction site. USE OF FIRE HYDRANTS If the Contractor desires to use water from hydrants, he shall contact the City's water department and request a water meter. All water drawn from the City's water supply shall be metered, and drawn only from those hydrants provided for use by the City. A $250 deposit is required for the meter plus a deposit to cover projected water usage. Contact the meter shop at (847-931-6163) with any questions. The contractor is responsible for the cost of water used. Cost is INCIDENTAL to contract. See City of Elgin Hydrant Meter Policy Effective January 1998 for further detail. SODDING AND SUPPLEMENTAL WATERING This item shall be done in accordance with Section 252 of the Standard Specifications with the following additions. This work shall consist of restoring grass areas at the locations disturbed by the contractors operations located in the right away with sod over a prepared surface of pulverized topsoil and fertilizer worked to a minimum depth of four inches (4"). Areas disturbed by the Contractor outside of the project limits, not authorized by the Engineer, shall be restored in a manner as approved by the Owner. The quantity on the plans is a contingency type item and may upon request from the City be reduced or deleted from the contract. The contractor shall not start sodding operations until written approval from the Engineer. This work shall be paid for at the contract unit price per square yard for SODDING. The initial eight (8) sod waterings, 4 inches of topsoil and fertilizer shall be considered INCIDENTAL to the cost of this item. SHOP DRAWINGS The Contractor shall be required to submit shop drawings to the Engineer in accordance • with Section 105.04 of the Standard Specifications. Shop drawings will be required on all electrical materials: light fixtures (including photometrics), poles, controller (including enclosure, wiring schematic and all electrical devices associated with the controller), power conductors, conduit, ground rod, ground connection and electrical handholes, The above items are not a complete list of the shop drawings that will be required. Any work completed or materials ordered prior to the approval of such shop drawings shall be at the Contractor's own risk. ROADWAY LIGHTING A. GENERAL Under this item the Contractor shall furnish and install the following equipment and materials: - Roadway luminaries, poles, and foundations. - Underground polyethylene unit duct and conductors. - 2" GRSC and Conductors for Electrical Service SP-5 SPECIAL PROVISIONS - 4" Galvanized Rigid Steel Directional Bore - Electrical handholes. - Roadway Lighting Controller Lighting levels along the roadway shall not be less than 0.9 footcandle (fc) average maintained, a uniformity ratio of 4:1 (or better) average to minimum and a veiling Luminance Ratio of 0.4 max. Light pole locations are indicated on the plans and no deviation from these locations shall be permitted without written approval of the Engineer. Upon request from the Engineer a photometric analysis using RP-8 Criteria shall be submitted to verify specified criteria. B. MATERIALS (1) Luminaires Each roadway luminaire shall utilize a single 400W metal halide lamp. Luminaires shall be operated by remote photocell located on the closest roadway fixture to the lighting controller. Roadway luminaires shall have IES Medium Type II Asymmetric Cutoff distribution. The luminaires shall operate at 240 VAC, 1 phase, 60 Hz as detailed on the plans and shall be the fixture as manufactured by GE, American Electric, Lumec or equal. Luminaires shall be GE MSCL40MOAX2GMC21 (for IES Med Type II Asymmetric) or equal. Wiring from luminaires to fuses at base of pole shall be #12 THWN. The luminaire shall meet the physical and photometric requirements specified herein. It shall be optically sealed, mechanically strong and easy to maintain. The luminaire shall be designed as to its size, shape and weight so that it does not aggravate the vibration characteristics of its respective pole and it shall be compatible with the pole and mast arm. In addition, the effective projected area of the luminaire shall not exceed 1.6 SF. The luminaire shall slip-fit on a two-inch pipe arm, and shall have a barrier to limit the amount of insertion. It shall not be necessary to remove more than the cover, reflector, and refractor or lens to mount the luminaire. The luminaire shall be provided with a leveling surface and shall have a 4-bolt anchoring/attachment means so as to be capable of being tilted by +/-3 degrees and rotated to any degree with respect to the supporting arm. The lamp holder and ballast components shall be completely wired, with connectors made to a heavy-duty terminal board with plug-in (pressure) connectors. The reactor and capacitor leads shall not be smaller than #16 AWG SP-6 SPECIAL PROVISIONS conductors. These shall be coded by tagging and/or color coding for proper identification. A complete wiring diagram coordinated with the wire identifications shall be displayed at the convenient locations on the interior of the luminaire. The Housing is to be hinged and to be able to lock open for lamp access. The housing shall be made of cast aluminum alloy. The finish shall be textured aluminum and shall be colored by painting with a suitable lacquer, enamel, or other paint in a shade that the poles. An actual sample of the color shall be approved by the City prior to manufacture of the luminaire. The external latches, nuts, screws, washers, pins and other parts shall be made of stainless steel or galvanized steel. Lens/ Refractor: Unless otherwise specifically indicated, luminaires shall have lenses made of crystal clear, impact and heat-resistant sag lens. The lens shall be held in such a manner as to allow for its expansion and contraction. Where refractors are specifically indicted or permitted, they shall be prismatic impact and heat-resistant glass. The lens shall be thermoformed clear acrylic, .125" minimum wall thickness. Gasketinq When closed for operation, the optical assembly shall be sealed with a gasket against the entry of moisture, dirt an insects. The cover-reflector and socket-reflector junctions shall be sealed against the entry of moisture, dirt and insects with a thick, high-density dacron felt gasket, securely attached by mechanical means, such as a retaining lip, or by a wide-temperature permanent adhesive in a manner acceptable to the Engineer. Submittal information shall include data relative to gasket thickness and density and the means of securing it in place. An alternative gasket material may be approved by the Engineer. There shall be a provision for thermal breathing. A charcoal filter may be used, subject to approval by the Engineer. Reflector The reflector shall be made of aluminum sheet of such grade quality that: (a) the reflecting surface shall have a specular finish; (b) the reflection factor of the reflecting surface, as determined by the A.H. Taylor or Baumgartner Reflectorometer, shall not be less than 78%; and (c) the reflecting surface shall have a dense protective coating of oxide not less than 7.5 milligrams per square inch, applied by the anodic oxidation process. The reflector, the refractor or lens, and the entire optical assembly shall not develop any discoloration over the normal life span of the luminaire. A five extended warranty shall be furnished by the manufacturer pertaining to the above said discoloration. The five year extended warranty shall be furnished in writing guaranteeing replacement, including cost of labor and shipment, free of charge to this contract and to the Owner, of any optical assembly or any component parts thereof which, as determined by the Engineer, would develop aforesaid discoloration. The extended warranty shall accompany submittal information. The luminaire shall be photometrically efficient. Luminaire efficiency, defined by the I.E.S. as "the ratio of luminous flux (lumens) emitted by a luminaire to that emitted by the lamp or lamps used within, "shall not be less than 67%. Submittal information shall include published efficiency data. S P-7 SPECIAL PROVISIONS Ballast The ballast shall be integral to the luminaire. Integral ballast components shall be mounted in the rear of the luminaire on the inside of a removable door or on a removable mounting pad. Ballast wiring and lamp socket wiring shall be connected by means of a plug. Upon unplugging the ballast wiring, the entire ballast components shall remove for maintenance. The mounting adjustments and wiring terminals shall be readily accessible. The removable door or pad shall be secure when fastened in place and all individual components shall be secure upon the removable element. Each component shall be readily removable for replacement. The ballast components shall be mounted and fastened within the luminaire housing in a manner such that the components will remain secure and capable of withstanding the pole vibrations. Each component shall be readily removable for replacement. Unless otherwise indicated, the ballast shall be a multi-tap transformer for metal halide lamps designed to ANSI Standards and shall be designed and rated for normal operation on a 240 volts. It shall operate the lamp over a range of input voltages from 200 to 244 volts without damage to the ballast. It shall provide lamp operation within lamp specifications for rated lamp life at input design voltage range. Unless otherwise specifically indicated, the integral ballast shall be a high power factor, linear-type, low-loss reactor. It shall be designed to furnish proper electrical characteristics for starting and operating a metal halide lamp of the specified rating at ambient temperatures of-29 degrees to +40 degrees C. The ballast windings shall be adequately impregnated and treated for protection against the entrance of moisture, insulated with Class H insulation, and able to withstands the NEMA standard dielectric test. The ballast shall include an electronic starting assembly. Ballast shall not be excessively noisy. Noticeably noisy ballast, as determined by the Engineer, shall be replaced at no additional cost to the contract. Lamp Socket and Lamp The lamp socket shall be mogul type, porcelain enclosed, and be provided with grips or other suitable means to hold the lamp against vibration. The rating of the socket shall exceed the lamp starting voltage, or starting pulse voltage rating. This item shall include a lamp for the luminaire, as specified under Basic Materials and Methods. ANSI Identification Decal A decal, complying with the ANSI standard, shall be factory-attached permanently to the luminaire. The information contained in the decal shall enable a viewed from the ground level to identify the lamp wattage and type of luminaire distribution. (2) Lamps All lamps shall be new metal halide lamps sized as specified above. Five new 400W spare lamp shall be provided. Lamps shall be installed by the Contractor just prior to testing of the system to reduce the possibility of breakage. Broken lamps shall be replaced and will not be paid for. SP-8 SPECIAL PROVISIONS (3) Pole Shaft Unless otherwise indicated the shaft shall be made of aluminum alloy conforming to current ASTM designation B 221, alloy 6063 with final temper T6. The shaft shall be spun drawn to smooth circular, tabular, seamless, tapered design. Unless otherwise indicated, the pole shall be designated and manufactured to withstand loadings of up to and including a 75 pound luminaire having an effective projected area of 1.6 square feet on a single 8-foot mast arm and meeting the criteria of AASHTO for 80 m.p.h. wind loading with 104 gusts. These loading requirements shall include all luminaire and mast arm combinations possible for the given pole height, up to and including the limits given. Information submitted for approval shall document satisfaction of this requirement. The indicated mounting height shall be taken from the bottom of the pole shaft base plate and shall be obtained with a nominal mast arm rise of approximately 36 inches as specified elsewhere herein. This shall determine the required length of the pole shaft regardless of the actual mounting method of the pole. Unless otherwise indicated, poles for mounting heights of 40 feet or less shall have a single-piece shaft with an 10-inch outside bottom diameter tapering to 6 - inch outside top diameter. The shafts shall be designed to accommodate loading of the mast arm configuration indicated, but the minimum design criteria shall be to accommodate loading on a single mast arm length from 4 to 10 feet with a minimum wall thickness of 0.188 inch typical. Where the indicated mast arm configuration exceeds these minimum criteria, the wall thickness shall be increased to satisfy the design loading requirements. Handhole in Pole Shaft There shall be an oval-shaped opening in the side of the shaft for the purpose of a handhole. Unless otherwise indicated, the centerline of the handhole shall be 18" from the bottom of the shaft. The handhole shall be 4" x 8" in size with the 8" dimension being situated vertically and in the same plane as any one of the sides of the base. The opening in the shaft shall be reinforced with a handhole frame situated on the inside of the shaft and welded to the shaft. A lug shall be provided in the frame for attaching a grounding conductor. The handhole cover shall be fastened to the frame with 1/4" size steel core nylon hex- head screws and the holes for the screws shall be tapped to match the screws. The handhole shall be orientated on a face 180 degrees from mast arm orientation. All exposed surfaces of the shaft shall be of a smooth, even texture free from marks and imperfections. The pole shall have a satin ground finish 50 grit or finer. Exterior Finish Poles shall have a unpainted spun aluminum finish. Color shall be confirmed with the City of Elgin. Bases and welds shall be also be of the natural aluminum type. Base Plate The bottom portion of the shaft shall be fitted with a base. The base shall be a permanent mold casting of aluminum alloy conforming to current Aluminum Association designations 356.0 or 4356.0, with final temper T6. The base shall be welded to the shaft by the inert gas shielded arc method. All welds SP-9 SPECIAL PROVISIONS shall be free from cracks and pores. All shafts with base plates shall be heat treated after welding. The base shall be equipped with anchor bolt covers. Anchor bolt slots shall be provided in the base to accommodate the required bolt circle diameter. Anchor Bolt Covers The anchor bolt covers shall be made from aluminum, conforming to current ASTM B 208, S5A-F or, B 26, SG70A. The anchor bolt covers shall be fastened to the base with 1/4-20 threaded steel reinforced plastic fasteners. The fasteners shall be treated with 1/4-20 threaded holes for bolt covers. Vibration Damper The pole shall be coordinated with all luminaries being provided on this project to be free of susceptibility to harmful harmonics and vibrations. The pole shall incorporate an internal vibration damper. The material submitted for approval shall address this requirement. Bundling The shafts shall be shipped in bundles without any wrapping on the individual shafts or the entire bundle. Appropriate bundling materials shall be used to make a rigid, long lasting bundle capable of being handled, shipped and stored without shifting or breaking of contents. Mast Arm The mast arm shall be made of aluminum alloy tube, round, seamless, conforming to the current ASTM Designation B 221 and designation 6063-T6. The arms shall have a raceway openings extending through the davit section. Raceway openings shall be free of burrs and rough edges that may be injurious to the wires. The mast arms shall be supplied with fabricated spun aluminum sleeve welded to the pole. All welds shall be heat treated after welding. The fastening of the arms to the shaft shall be with stainless steel bolts, nuts and lock washers. All hardware shall be anodized aluminum conforming to the current ASTM Designation B 211, 2024-T4, or 300 series stainless steel. Finish on the mast arm shall match poles. Exposed welds shall be painted to match. An actual sample of the color shall be approved by the City prior to manufacture of the mast arms. Exterior surfaces of the mast arms shall be free of all protuberances, dents, cracks, or other imperfections. The mast arms shall be shipped in bundles without any wrapping on the individual arms or the entire bundle. Appropriate bundling materials shall be used to make a rigid, long lasting bundle capable of being handled, shipped and stored without shifting or breaking of contents. Unless otherwise indicated, the rise of the mast arm, shall have a nominal 69 inch radius. SP-10 SPECIAL PROVISIONS VIBRATION REQUIREMENTS The detailed design and fabrication of the shaft and of the mast arms shall be such as to withstand 80 m.p.h. AASHTO criteria for wind and vibrations, caused by the wind pressure. There shall be no excessive vibrations in the shaft, mast arm(s) under moderate wind pressure, where damage may result to the luminaire(s) and/or its component parts, and/or mast arm(s). A dampening device, as an integral part of the shaft, shall be installed in the shaft to alleviate such excessive vibrations. The proposed vibration dampening device shall be submitted for Engineer's approval. No information contained herein shall be construed to relieve the Contractor of the above requirements. CERTIFICATION AND GUARANTEE The submittal information shall include a written certification of compliance with the contract requirements from the Manufacturer. The certification shall specifically identify the project route, location, section number, and contract number, as applicable and shall identify specifically the equipment covered by the certification. The certification shall be made on the manufacturer's corporate stationary and it shall be dated and signed by a responsible officer of the company, with the signee's title listed. In addition submittal information shall include the guarantee as specified under general Electrical Provisions._ (4) Luminaire Fusing Luminaire fusing shall be provided at the handhole at the base of the light pole. Fuses shall be 5 amp or as required by luminaire manufacturer, and shall be installed in double pole in-line fuse holders, Buss HEY, or equivalent. (5) Ground Rods Ground rods shall be 3/4" diameter by 10 foot long U.L. listed copperclad ground rod, with 10 mil minimum copper coating. Connections of ground wire to ground rod shall be by mechanical connection. (6) Light Pole Foundations Foundations shall be as detailed in the plans. Reinforcing steel shall be installed as detailed on the plans. Foundations shall extend 1" above finished grade. Anchor bolts shall be supplied by the pole manufacturer and shall be installed according to his recommendations. Anchor bolts shall be as required and furnished by the pole manufacturer. Foundations shall conform to the applicable paragraphs of SECTION 836, LIGHT POLE FOUNDATION, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. SP-11 SPECIAL PROVISIONS (7) Power and Control Cable (600V and Below) RHW-2/ USE-2 WIRE Unless otherwise noted on the drawings or specifications, any cable which is to be installed below grade (underground) under this project shall be dual-rated type RHW-2 & USE-2. Contractor should note that this applies to both direct buried cable and cable in conduit or duct. Cable shall be 600 Volt rated, type RHW-2 & USE-2 sized as indicated on the drawings. Cable shall comply with Underwriters Laboratories Standard U.L. 44 (for Type RHW-2) and U.L. 854 (for Type USE-2) and shall pass the IEEE 383, 70,000 BTU/hr and VW-1 Flame Tests. Cables shall be rated for use at 90EC in both wet and dry locations and be suitable for use in conduit, underground service entrance cable and direct burial applications. All power and control wiring, 600V and below (except for that below grade), shall be type THWN sized as indicated on the plans. Cable shall comply with Underwriters' Laboratories standard UL-83 and shall be U.L. listed as VW-1. Conductor shall be soft annealed uncoated copper and shall comply with ASTM B3 and B8. Insulation shall be rated for 600V. (8) Unit Duct (Cable-in-Duct) Unit Duct, for roadway lighting shall be 1.25" Cablecon (0.0110" wall) Type III, High Density Polyethylene with 2 1/C #2 stranded copper USE, 1/C#2 stranded copper USE Neutral, and 1/C #8 stranded copper Ground, or equal. The duct shall be manufactured from black, virgin, high density polyethylene resin designated as Type III, Grade P34, Class C, Category 5 material in accordance with ASTM D-1248. Dimensional measurements shall be performed on samples removed from each complete length of finished duct. The manufacturer shall have the capability to manufacture a composite wire/cable-in-duct system, wherein the wires and cables are placed in the polyethylene duct without sticking during the extrusion process. The open ends of each length of reeled flexible duct shall be sealed by plastic caps to prevent the entrance of dirt and water. The duct shall have a durable identification which shows the manufacturer's name and/or trademark, all at intervals not to exceed ten (10) feet. The manufacturer shall furnish copies of certified test reports on duct. Unit duct shall be installed as shown on the plans and shall conform to the applicable paragraphs of SECTION 816, UNIT DUCT, Standard Specifications for Road and Bridge Construction, (most current edition), Illinois Department of Transportation. (9) GRSC Rigid steel conduit shall be schedule 40 heavy wall type fabricated from mild steel tubing and shall have a hot-dipped galvanized inner and outer coating, with a final coating of zinc chromate and manufactured in accordance with U.L. standard 6 and shall be UL listed and labeled. Rigid steel conduit shall meet Federal Specification WWC-581, ANSI Standard C80, 1, and the requirements of NEC Article 344. SP-12 SPECIAL PROVISIONS The conduit, after fabrication, shall be thoroughly cleaned and the inside and outside surfaces shall be galvanized. Couplings and fittings shall meet ANSI Standard C80.1 and shall be hot-dip galvanized. Elbows and nipples shall conform to the specifications for conduit. The cost of fittings, couplings, elbows, nipples ad other such conduit appurtenances shall be included in the bid unit price for conduit. All fittings and couplings for rigid conduit shall be of the threaded type. (10) Electrical Handholes Materials for constructing an electrical handhole shall be as detailed on the plans. Concrete shall be Class SI complying with Section 1020 of the Standard Specifications. Frame and Cover. The handhole frame and cover shall be fabricated from steel conforming to the requirements of Structural Steel contained in the Standard Specifications, or cast iron conforming to AASHTO M105, Class 30 or better. The dimensions of the frame and cover shall be as shown on the plans. The outside of the cover shall contained a recessed rind or handle for lifting and a legend, "LIGHTING", cast in place. The frame and cover shall be designed to withstand 1556 N (350 pounds) uniform load per square foot when the final location of the handhole will not be subject to traffic/vehicle loading. The frame and cover shall be designed to withstand AASHTO H2O loading when the final location of the handhole will be subject to traffic/vehicle loading. French Drain The French drain shall be constructed of crushed stone or gravel meeting the requirements of Gradation CA 5 or CA 7 of the Standard Specifications. (11) Roadway Lighting Controller The proposed electrical lighting control cabinet shall be as detailed on the plans and as specified herein to provide a complete and operational electrical and control system. The Controller shall be manufactured by a current U.L. 508 listed industrial control panel builder. If required by the Owner's representative, manufacturer shall submit a certification to a minimum experience of five (5) years in manufacture of equipment similar to that specified. Acceptable manufacturers are Bell and Gustus (Lightmatic) or Excell LTD Inc. Two roadway lighting controllers shall be provided to control roadway luminaires and shall include but not limited to the following components: SP-13 SPECIAL PROVISIONS a. Control Cabinet Enclosure shall be rated NEMA 3R and shall be made from .125" thick aluminum Type 5052-H32 to provide strong and rigid construction. All seams and corners shall be continuously welded. The minimum Dimensions of cabinet shall be 48" high, 30"wide, 17-3/4" deep. Enclosure shall be vented.. The top front of the cabinet shall house a full width vented overhang above the cabinet door. The top of the cabinet shall be sloped down toward the back of the cabinet for drainage. The door shall include a filtered louvered vent in the lower front face of the door. One piece full front door with a full length 304 stainless continuous steel hinge. The door shall be equipped with a three point roller latching system. The door shall be vented. Corbin #2 traffic signal door lock and 2 sets of keys. Door handle shall include provisions for pad lock. Cabinet paint shall be either natural aluminum finish or paint shall match the paint on the poles. The actual paint shall be confirmed before manufacture and shall be specially included on any submittal information. Contractor shall supply and install a minimum of two anchor bolts to attach the cabinet to the concrete base. They shall be located in the front and back flange of the cabinet and shall be centered in the width dimension of the cabinet. They shall also be separated 13 1/2 inches front to back and shall be centered in the depth dimension of the cabinet but shall not be closer than 1-1/4 inch to the front or back of the cabinet. The control cabinet shall be UL. Listed and bear a UL sticker. b. Contactor Electrically Held Contactors shall be ampacity and number of poles as shown on the drawings, Square D Class 8903, Type "S", General Electric CR360L series or equivalent. Contacts shall be Min 240V rated, coils shall operate at 120V. c. Cabinet Light and Outlet A manually switched incandescent lamp socket and lamp shall be provided. Duplex receptacle with ground fault circuit interrupters (GFCI) shall be provided and installed where noted on drawings. Devices shall comply with U.L. Class A GFCI testing in accordance with U.L. Standard No. 943. Receptacles shall be rated 20 amp with NEMA 5-20R receptacle configuration. Receptacle shall be back and side wire compatible, feed- thru type: Power for the light and outlet shall be protected by a 15 amp circuit breaker. This circuit breaker shall be powered directly from the incoming power source an shall be live even with all other circuit beakers turned off. If a toggle switch is used to control the light shall not be installed in the same housing with the control switches. SP-14 SPECIAL PROVISIONS d. Control Wiring The control wiring shall use at least 12AWG stranded copper wire. If color coded wire is used then the wire colors shall be noted on the electrical schematic drawings. If all the wire used is the same colors then the individual conductors shall be identified at each end with permanent markers or throughout its length with printed labeling. All wiring shall be supported with screw mounted supports. Adhesive mounted cable will not be allowed. e. Circuit Breaker Protective devices shall be molded case design and shall be operated by a toggle-type handle and shall have a quick-make, quick- break over-center switching mechanism that is mechanically trip-free. Automatic tripping of the breaker shall be clearly indicated by the handle position. Contacts shall be non-welding silver alloy and arc extinction shall be accomplished by means of arc chutes. A push-to-trip button on the front of the circuit breaker shall provide a local manual means to exercise the trip mechanism. All circuit breakers, including the cabinet light and outlet circuit breaker, shall be rated by the manufacturer for service in lighting applications. Sufficient branch circuit breakers shall be provided so that no more then one lighting circuit will be on any one circuit beaker. In addition there shall be at least two spare circuit breakers of each current rating specified on the plans. f. Time Clock The time clock shall be an electromechnical astronomical type with 40 Amp contact rating per pole at 120 VAC. Reserve power shall be provided sufficient to operate the time switch contacts at least 10 hours after power failure, TORK Model 7120ZL or equal. g. Control Switching All control selector switches shall all be 20 amp 120/277 volt specification grade brown multiposition toggle switches. SW1 shall select AUTOMATIC/OFF/MANUAL and shall be a two pole three position center off switch similar to Eagle 2226B. SW2 shall select PHOTOCELL/CLOCK operation and shall be a two pole two position switch similar to Eagle 222B. SW3 for electromechanically held contactors shall select ON/---/OFF and shall be a momentary one pole three position switch with a center off position similar to Eagle 2220B. SW3 for electrically held contactors shall select ON/OFF and shall be similar to Eagle 2221B. All three switches shall be mounted in one three gang masonry box at least 3 'h inches deep similar to RACO 697. The cover plate for the switches shall be metal. Each switch position shall be permanently identified as to function with permanent plastic labels mounted with screws or permanent adhesive. Machine engraved labels are preferred. Non engraved label text will be tested with a pencil eraser to determine the permanent nature of the label text. A suggested label layout is shown below. Alternate layouts will be considered. SP-15 SPECIAL PROVISIONS STREET LIGHTS MODE CONTROL LIGHTS AUTOMATIC PHOTOCELL ON I I I I I I OFF I I I I I I I I I I I I MANUAL TIMECLOCK OFF The wiring concept is to allow the option of photocell or time clock operation of the lighting controller. No power shall appear on any photocell lead at any time other than if the switches are set for AUTOMATIC plus PHOTOCELL operation. If the switches are set on any other position there shall be no any of the three photocell leads even if the contactor is ON or being switched manually using the ON/OFF switch. The function of the switches shall be as follows. Using the AUTOMATIC/OFF/MANUAL switch in the AUTOMATIC mode the photocell or the time clock will turn the street lights on or off. In the OFF mode the automatic controls and the manual ON/OFF selector switch will be inoperative. In the MANUAL mode the ON/OFF switch will turn the street lights ON or OFF. The PHOTOCELL/CLOCK switch will select which automatic device will turn the street lights on or off. ON/OFF will turn the street lights ON or OFF only if the mode selector switch is in the MANUAL position. The photocell leads shall be brought to a terminal block even if a photocell is not required by this project. The time clock power and control leads shall be brought to a terminal block if the time clock is not used. h. Photocell The photocell shall be Tork Model 2007. Photocell shall be supplied and installed at location specified on the plans. Photocell shall be suitable for use at 120 VAC and shall be rated 1800 watts. The control circuit wiring shall run through a GRS conduit to the photocell. The conduit and required cables shall not be considered part of the Control Cabinet and shall be paid separately for under the control cabinet item. The proposed photocell shall be mounted on top of the nearest light fixture. • Ground Rod Ground rods shall be UL listed, 3/4" diameter by 10' long copper-clad steel with minimum 10 mil copper coating. All connections to ground rod shall be mechanical. Exact location of ground rod shall be field verified. SP-16 SPECIAL PROVISIONS j. Service Entrance It shall be the responsibility of the Contractor to make any necessary arrangements, should they be required, with the utility, for the installation of the service entrance cabling, transformer, metering, etc., not specifically detailed on the plans or in the special provisions. It shall be noted here that the Owner shall pay for all costs charged by the utility for the installation of the electric service The Contractor shall provide 120/240 VAC, 1-phase, 100 Amp service as detailed on the plans and specified herein. This item shall include furnishing of base for the metering device. The meter shall be provided by the serving utility, Commonwealth Edison. It is contractors responsibility to coordinate all the installation with utility company. Contractor shall provide all necessary conduits and cables for service connections as specified on the plans. Contractor shall route proposed service wiring up and U-guard up riser pole 10'-0" (min.) and slack at top of pole for connection by utility. Contractor shall also provide base for utility meter as detailed on the plans. k. Documentation A complete electrical schematic shall be provided showing the actual wiring of the lighting control cabinet. Typical drawings will not be accepted. A set of maintenance manuals shall be provided. These manuals shall include but not be limited to the lighting contactor, time clock, control relays and any other control components. There shall be five copies of the electrical schematic and two sets of maintenance manuals. A print envelope shall be provided in the lighting control cabinet. The envelope shall be mounted so that rain or falling water cannot enter the envelope with the cabinet door open. Include with the cabinet wiring diagram shall be an "as built" drawing showing which street light circuits are connected to each circuit breaker. Foundation Lighting Control Center foundation shall be as detailed on the plans and conform to the applicable paragraphs of Section 836, LIGHT POLE FOUNDATION, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. C. CONSTRUCTION METHODS (1) Poles and Luminaires Poles and luminaires shall be assembled and wired on the ground, then lifted and bolted in place. • Wire run from luminaire to pole shall have a strain relief clamp provided at the entry to the luminaire to prevent the wires from pulling loose of their terminals at the luminaire. Luminaires shall be carefully installed in accordance with the luminaire manufacturer's recommendations and in accordance with the design requirements represented on the plans. SP-17 SPECIAL PROVISIONS Unless otherwise indicated, luminaires shall be installed parallel to the plane of the roadway. After installation, if a night-time check of the lighting indicates that any luminaires are misaligned, by visual inspection or other means by the Engineer, the misaligned luminaires shall be corrected by the Contractor at no additional cost to the contract. Also, should the photometric results of the luminaire be such that, in the judgement of the Engineer a tilt adjustment is warranted on selected luminaires, this adjustment shall be made by the Contractor at no additional cost to the contract. Luminaires should not be installed before they are fully approved. Where independent testing is required, full approval is not attained until complete test results demonstrating compliance with specified requirements have been reviewed and accepted by the Engineer. No payment shall be made for luminaires installed without full approval. This item shall be complete with lamps, pole wire, fuse holders and fusing, as specified under Basic Materials and Methods, elsewhere herein. (2) Light Pole Foundations The Contractor shall be responsible for the necessary concreting and form work to install the foundations as detailed on the plans. The Contractor is referred to SECTION 836, LIGHT POLE FOUNDATION, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. Foundations shall be as detailed in the plans. Foundations shall extend six inches (6") above finished grade or pavement. Anchor bolts shall be set according to the bolt circle requirements of the poles supplied. They shall be so arranged that when the pole and luminaire is erected the luminaire will be properly aimed. (3) Power and Control The location of utility power and roadway lighting controller shall be as indicated on the plans. Electrical cable and unit duct installation requirements is covered in Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation. The Contractor shall coordinate construction activities with the serving utility, ComEd to have service installed to the Roadway Lighting Controller. The utility company shall provide the transformer and the respective transformer pad. The Contractor shall provide the conduit and conductors from the secondary side of the transformer and continue as indicated on the plans. SP-18 SPECIAL PROVISIONS II (4) Cable Trench The contractor shall have the option to plow unit duct into place in lieu of trench and backfill. Where unit-duct is plowed-in, it shall be done by plow-feeding of the unit duct. Bullet-nose tunnel pulling of the unit-duct with a plow will not be allowed except by special approval of the Engineer. Plowing operations shall include hand-dug test holes, with one test hole for each 1,000 feet of plowing but not less than one hole per day per plow. Test hole checks shall be witnessed by the engineer to verify depth of plowed unit duct. Cable shall be installed at a nominal dept of 30" below finished grade. Cable maker shall be installed at a distance of 6 to 12 inches above the unit duct. The tape shall have a minimum over-all thick ness of 8 mils. The tape shall be constructed and tested to the requirements of ASTM D 882, ASTM D 1682 and ASTM D 2103. Tape to have a red background and read, "Caution - Electrical Line Buried Below." Cable trench is covered in the plans, special provisions and the applicable sections in Section 815, TRENCH AND BACKFILL FOR ELECTRICAL WORK, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (5) Roadway Lighting Controller The Roadway Lighting Controller shall be located as detailed on the plans or as directed by the Engineer. The lighting control center shall be installed on level ground. The Contractor shall perform the necessary earthwork to provide a level surface for the lighting control center. (6) Electrical Handholes Electrical handholes shall be located as detailed on the plans. Electrical handholes shall be constructed as detailed on the plans and shall conform to the applicable paragraphs of Construction Requirements of SECTION 814. HANDHOLE, from Standard Specifications for Traffic Control Items, (most current edition) Illinois Department of Transportation. The hand hole shall be thoroughly cleaned of any accumulation of silt debris, or foreign matter of any kind and shall be free from such accumulations at the time of final inspection. (7) 4" Galvanized Rigid Steel Conduit Conduit under paved areas shall extend at least 5 feet beyond the edges of the pavement or 5 feet beyond any underdrains which may be installed alongside the paved area. SP-19 ' J SPECIAL PROVISIONS D. METHOD OF MEASUREMENT (1) The quantity of roadway light fixtures to be paid for under this item shall consist of the number of fixtures furnished and erected in place, including, pole, luminaire, lamps, conduit, wiring, fusing, grounding and all labor and materials necessary to furnish each roadway light as a complete unit ready for operation and accepted in writing by the Engineer. (2) Light pole Foundation will be measured per SECTION 836.04, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (3) Cable trench will be measured per SECTION 815.04, Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (4) The footage of unit duct with conductors installed in trench or in conduit, to be paid for, shall be the number of linear feet measured in place, completed and ready for operation, and accepted in writing by the Engineer. Measurements will be made I straight lines between changes in direction and to the centers of equipment and boxes of access points. A total of ten (10') feet will be allotted for slack at the end of a run at a controller and a total of three 3' feet will be allotted fo r) slack at the end of a run at a light pole foundation. No extra quantity will be allotted for any vertical distances. (5) The footage of 2" GRSC with conductors installed in trench and/or pushed, to be paid for shall be the number of linear feet measured in place, completed and ready for operation. Measurements shall be made in straight lines between changes in direction and to the centers of light standards and control cabinets. All vertical cable and permissible cable slack shall be measured for payment. A total of ten (10) feet of slack shall be allowed for the end of a run terminating at a controller. Additional vertical distance will be measured for payment for equipment so mounted. Three feet (3') of slack shall be allowed at pull boxes,junction boxes and similar locations. (6) The footage of 4" GRSC Pushed will be measured per SECTION 810.04, Standard Specifications for Road and Bridge Construction, (most current edition,) Illinois Department of Transportation. (7) Electrical handholes The quantityof electrical handholes to be paid for under this item shall consist of the number of electrical handholes furnished and installed in place, including concrete, terminals, wiring, conduit, and all labor and materials required to furnish each handhole as a complete unit ready for operation and accepted in writing by the Engineer. SP-20 SPECIAL PROVISIONS (8) The Roadway lighting controller to be paid for under this item shall consist of the complete lighting control center including but not limited to Coordination with the serving utility, the associated electrical service entrance, connection to the electrical service conductors from the secondary side of the serving utility's transformer, enclosure, photocell, contactors, relays, secondary surge arresters, circuit breakers, selector switches, fusing, duplex receptacle, cabinet light, fusing, conduits, cable, grounding, miscellaneous wiring and all labor and materials necessary to furnish a lighting control center as a complete unit ready for operation and accepted in writing by the Engineer. E. BASIS OF PAYMENT (1) Payment will be made at the individual contract unit price for each completed ROADWAY LIGHTING FIXTURE and shall include all equipment, material, labor and incidentals necessary to complete these items. (2) Payment will be make at the contract unit price per foot for LIGHT POLE FOUNDATION, of the type and diameter indicated. (3) Payment for Cable Trench will be paid for at the contract unit price per foot of TRENCH AND BACKFILL FOR ELECTRICAL WORK. (4) Payment will be made for UNIT DUCT 1 - 1/4" (3#2 USE-2, 1 #8 GND) under: Section 816.05 Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (5) Payment will be make for 2" DIA. GALVANIZED STEEL (3#2 USE) under: Section 810.05 Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (6) Payment will be make for CONDUIT PUSHED, 4" DIA., GALVANIZED STEEL under: Section 810.05 Standard Specifications for Road and Bridge Construction, (most current edition) Illinois Department of Transportation. (7) Payment will be made for ELECTRICAL HANDHOLES under: SECTION 814.04, Standard Specifications for Traffic Control Items, (most current edition) Illinois Department of Transportation. (8) Payment will be made at the contract unit price per each for completed ROADWAY LIGHTING CONTROLLER and shall include all equipment, material, labor and incidentals necessary to complete this item. SP-21 • INDEX FOR SUPPLEMENTAL SPECIFICATIONS AND RECURRING SPECIAL PROVISIONS Adopted January 1, 1998 This sheet contains a listing cf SUPPLEMENTAL SPECIFICATIONS and frequently used RECURRING SPECIAL PROVISIONS. ERRATA Standard Specifications for Road and Bridge Construction(Adop. 1-1-97) (Rev. 1-1-98) SUPPLEMENTAL SPECIFICATIONS atstSoec• PAGE NO. Sec. 102 Bidding Requirements and Conditions 1 104 Scope of Work 2 107 Legal Regulations and Responsibility to Public 3 109 Measurement and Payment 4 253 Planting Woody Plants 5 281 Riprap 6 402 Aggregate Surface Course 7 406 Bituminous Concrete Binder and Surface Course Class I 8 442 Pavement Patching 10 481 Aggregate Shoulders 11 512 Piling 12 543 Insertion Lining of Pipe Cutverts 13 582 Bituminous Concrete Surfacing on Bridge Decks 15 601 Pipe Drains, Underdrains and French Drains 16 606 Concrete Gutter, Curb, Median, and Paved Ditch 17 611 Treatment of Existing Field Tile Systems 18 701 Work Zone Traffic Control 19 703 Work Zone Pavement Marking 20 781 Raised Reflective Pavement Markers 21 813 Junction and Pull Boxes 22 814 Handhole 23 865 Breakaway Devices 24 1001 Portland Cement or Blended Hydraulic Cement 25 1003 Fine Aggregates 26 1004 Coarse Aggregate 28 1020 Portland Cement Concrete 29 1040 Drain Pipe, Tile,Tubing, Drainage Mat, and Wall Drain 30 1060 Waterproofing Materials 32 1080 Fabric Materials 33 1081 Materials For Planting 34 1085 Electric Materials 36 1101 General Equipment 37 1103 Portland Cement Concrete Equipment 38 RECURRING SPECIAL PROVISIONS CHECK SHEET N PAGE NO. 1 R. R. Protection Liability Form (Eff. 6-10-58) (Rev. 9-29-67) 39 2 State Required Contract Provisions All Federal-aid Construction Contracts (Eff. 2-1-69) (Rev. 10-1-83) 48 3 Specific Equal Employment Opportunity Responsibilities NonFederal-aid Contracts (Eff. 3-20-69) (Rev. 1-1-94) 49 4 Required Provisions-State Contracts (Eff. 4-1-65) (Rev. 04-1-93) 53 5 Asphalt Quantities and Cost Reviews (Eff. 7-1-88) 56 6 Subletting of Contracts (Federal Aid Contracts) (Eff. 01-1-88) (Rev. 05-1-93) 57 7 National Pollutant Discharge Elimination System Permit (Eff. 7-1-94) 58 8 Grading And Shaping Ditches (Eff. 5-1-93) 59 9 Earthwork (Eff. 7-1-94) (Rev. 2-1-95) 60 10 Construction Layout Stakes Except For Structures (Eff. 5-1-93) (Rev. 8-1-93) 61 X 11 Construction Layout Stakes (Eff. 5-1-93) (Rev. 8-1-93) 63 ii Sl- ZZ 12 Controlled Low-Strength Material (CLSM) (Eft. 1-1-90) (Rev. 1-1-98) 65 13 Use of Geotextile Fabric for Railroad Crossing (Eff. 1-1-95) (Rev. 1-1-97) 68 14 Erosion Control Fiber Blanket (Eff. 3-1-91) (Rev. 7-1-96) 69 15 Bituminous Surface Removal (Cold Milling) (Eff. 11-1-87) (Rev. 10-15-97) 71 16 Bituminous Surface Treatments Half-Smart (Eff. 7-1-93) (Rev. 1-1-97) 73 17 Subsealing of Concrete Pavements (Eff. 11-1-84) 77 18 Asphaltic Emulsion Slurry Seal and Fibrated Asphaltic Emulsion Slurry Seal (Eff. 8-1-89) (Rev. 02-1-97) 80 19 Polymer Modified Emulsified Asphalt (Eff. 5-15-89) 84 20 Reserved 86 21 Reserved 87 22 Surface Tests Using The 5 m (16 ft.) Straightedge (Eff. 11-1-94) 88 23 Bituminous Surface Removal Over Patches (Eff. 10-1-95) 89 24 Haul Road Stream Crossings, Otl,er Temporary Stream Crossings, and In-Stream Work Pads (Eff. 1-2-92) (Rev. 1-1-98) 90 25 Protective shield System (En. . -1-95) (Rev. 8-1-95) 91 26 Pipe Underdrains (Eff. 9-9-87) (Hey. 1-1-98) 92 27 Reserved 93 28 Reserved 94 29 Traffic Barrier Terminal Type 38 (QuadGuard) (Eff. 10-1-86) (Rev. 10-15-97) 95 30 Sand Module Impact Attenuators (Eff. 10-15-76) (Rev. 7-15-97) 96 31 Give em a Brake Sign (Eff. 8-1-89) (Rev. 08-1-91) 98 32 Portable Changeable Message Signs (Eff. 11-1-93) (Rev. 2-1-96) 99 33 Reserved 100 34 Aggregate Gradation Control System (Eff. 7-1-95) 101 35 Traffic Barrier Terminal Type 3 or 3A (Eff. 10-1-96) 102 36 Bicycle Racks (Eff. 4-1-94) (Rev. 1-1-97) 103 37 Ground Granulated Blast-Furnace Slag in Portland Cement Concrete (Eff. 4-1-95) (Rev. 4-1-97) 104 38 Guardrail and Barrier Wall Delineation (Eff. 12-15-93) (Rev. 1-1-97) 105 39 Rap Mixtures for Class I,Type 1 and 2 Bituminous Concrete Binder,Leveling Binder and Surface Course (Mixture C and D) (Eff. 6-30-94) (Rev. 1-1-98) 108 40 Epoxy Coating on Reinforcement (Eff. 4-1-97) (Rev. 7-15-97) 109 41 Resurfacing of Milled Surfaces (Eff. 10-1-95) 110 42 Quality ControVQuality Assurance of Bituminous Concrete Mixtures (Eff. 7-1-96)(Rev. 1-1-98) 111 43 EEO (Eff. 7-21-78) (Rev. 11-18-80) 123 J Ill Sf- 23 ISP98-23 Flagger Vests (BDE) Effective: October 15, 1997 Revise the first sentence of subparagraph (c) (1) in Article 701.04 of the Standard Specifications to read: "The flagger shall be stationed to the satisfaction of the Engineer and equipped with a strong yellow/green vest having fluorescent orange stripes and approved flagger traffic control signs conforming to standard 702001 and Article 702.05(e). The use of fluorescent orange vests is limited to emergencies only." 52086 • LR 701-1 (1-97) State of Illinois DEPARTMENT OF TRANSPORTATION Bureau of Local Roads and Streets SPECIAL PROVISION FOR CONSTRUCTION ZONE TRAFFIC CONTROL This special provision amends the provisions of Articles 701.04, 701.07 and 701.08 of the Standard Specifications for Road and Bridge Construction adopted January 1, 1997. 701.04 Change paragraph (b) subparagraph(2) to read: "The contractor is required to conduct inspections of the worksite at a frequency that will allow for the timely replacement of any traffic control device that has become displaced, worn or damaged. A sufficient quantity of replacement devices,based on vulnerability to damage, shall be readily available to meet this requirement." Delete Article 701.07 (d)and Article 701.08 (e). LR 701-3 (1-97) State of Illinois Department of Transportation Bureau of Local Roads and Streets SPECIAL PROVISION FOR FLAGGERS IN WORK ZONES Replace the last sentence of Article 701.04(c)(1)with, "Flaggers are required only when workers are present." SP-2& State of Illinois Department of Transportation Bureau of Local Roads and Streets SPECIAL PROVISION for FLAGGER CERTIFICATION All refere^^es to Sectic- -rArticles in this Special Provision shall be construed to mean a specific Section ui Article of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation. 8701.04 (c) (4) Flagger Certification. Contractors who employ union laborers shall request, in writing, certified flaggers from the union locals. Many of the union locals, by agreements with IDOT, will meet this request unless union members who hold flagger certification are not available. Only then will use of non-certified flaggers be allowed. Should certifed flaggers become available, they shall replace the non-certified flaggers. Contractors who do not employ union laborers shall have certified flaggers available within 30 days of the contract award date unless it is documented that training by an approved agency is not available until a later date. Non-certifed flaggers may also be used for short-term or emergency situations when approved by the Resident Engineer and to relieve flaggers for rest breaks. Flaggers that are certified shall have in their possession their Flaggers Certification ID card at all times when employed as a flagger. The contractor shall furnish the Resident Engineer with a copy of the written request to obtain certified flaggers and/or training opportunities. The cost of meeting the above requirements will be considered as included in the cost of the various pay items involved. SP Zl" LR 1084 (1-97) State of Illinois Department of Transportation Bureau of Local Roads and Streets SPECIAL PROVISION FOR CONSTRUCTION AND MAINTENANCE SIGNS Replace the first sentence of the first paragraph of Article 1084.02(b) with the following sentence: All signs used shall be orange or fluorescent orange in color and meet the initial minimum brightness values of the orange sheeting shown in the following table. Add as the last two paragraphs in Article 1084.02(b): Fluorescent and non-fluorescent construction and maintenance signs shall not be mixed at work sites. Orange flags with a minimum dimension of 450x450 m(18x18 inches) shall be mounted on the following non-fluorescent signs placed in advance of construction and maintenance zones. ROAD(STREET)CONSTRUCTION W20-1(0) ROAD WORK W21-4(0) MOWING AHEAD W21-I101(0) ROAD (STREET)CLOSED W20-3(0) s:\gen\wpdocs\diana\policy\lee\wrksgns.doc SP- zg ISP98-8 State of Illinois Department of Transportation SPECIAL PROVISION FOR TRAFFIC CONTROL DEFICIENCY DEDUCTION Effective April 1, 1992 To ensu-o a prompt response to incidents involving the integrity of the work zone traffic control devices, the Contractor shall provide a teiephone number where a responsible individual can be contacted on a 24-hour-a-day basis. When the Engineer is notified or determines a deficiency exists, (s)he shall be the sole judge as to whether the deficiency is an immediate safety hazard. The Contractor shall dispatch sufficient resources within 2 hours of notification to make needed corrections of deficiencies that constitute an immediate safety hazard. Other deficiencies shall be corrected within 12 hours. If the Contractor fails to restore the required traffic control and protection within the time limits specified above, the Engineer will impose a daily monetary deduction for each 24-hour period (or portion thereof) the deficiency exists. This time period will begin with the time of notification to the Contractor and end with the Resident Engineer's acceptance of the corrections. For this project, the daily deduction will be * per day. In addition, if the Contractor fails to respond, the Engineer may correct the deficiencies and the cost thereof will be deducted from monies due or which may become due the Contractor. This corrective action will in no way relieve the Contractor of his/her contractual requirements or responsibilities. *The cost of the daily deduction will be calculated by dividing three percent of the awarded contract price by the number of calendar days anticipated for this project. The number of days anticipated for this project is 90 . This procedure is to be followed regardless of whether the contract is based upon working days, contains a completion date, or has an incentive/disincentive clause. LR 105 (1-97) State of Illinois DEPARTMENT OF TRANSPORTATION Bureau of Local Roads and Streets SPECIAL PROVISION FOR COOPERATION WITH UTILITIES This special provision amends the provisions of Articles 102.05 and 105.07 of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation. 102.05 Examination of Plans, Specifications, Special Provisions and Site of Work. Add the following paragraph after the second paragraph of this Article: 'When the plans or special provisions include information pertaining to the location of underground utility facilities, such information represents only the opinion of the Department as to the location of such utilities and is only included for the convenience of the bidder. The Department assumes no responsibility in respect to the sufficiency or the accuracy of the information shown on the plans relative to the location of the underground utility facilities. It shall be the Contractor's responsibility to determine the actual location of all such facilities. He shall also obtain from the respective utility companies detailed information relative to the location of their facilities and the working schedules of the utility companies for removing or adjusting them." 105.07 Cooperation with Utilities. Revise this Article to read: "105.07 Utility Facilities. Utilities which are within the limits of the proposed construction are to be moved or removed at no cost to the Contractor except as otherwise provided for in the special provisions or as noted in the plans. Nk� (a) For the purpose of this Article, limits of proposed construction for utilities extending in the same longitudinal direction as the roadway, shall be defined as follows: (1) The horizontal limits shall be a plane, outside of, parallel to, and .6 meter (2 feet) distant at right angles from the plan or revised slope limits and the slope limits extended vertically above the point of intersection of the slope limits and the original cross-section surface. In cases where the limits of excavation for structures are not shown on the plans, the horizontal limits shall be a vertical plane 1.2 meter(4 feet) outside the edges of structure footings or the structure where no footings are required. S� Eo (2) The upper vertical limits shall be the regulations governing the roadbed clearance for the specific utility involved. (3) The lower vertical limits shall be the limits of excavation. (b) For the purpose of this Article, limits of proposed construction for utilities crossing the roadway in a generally transverse direction shall be defined as follows: (1) Utilities crossing excavations for structures that are normally made by trenching such as sewers, underdrains, etc., and all minor structures such a • manholes, inlets, foundations for signs, foundations for traffic signals, etc., the limits shall be the space to be occupied by the proposed permanent construction unless otherwise required by the regulations governing the specific utility involved. (2) For utilities crossing the proposed site of major structures such as bridges, sign trusses, etc., the limits shall be as defined above for utilities extending in the same general longitudinal direction as the roadway. All reasonable adjustments, as determined by the Engineer, of utilities not shown on the plans, or visible or not identified by markers will be made at no cost to the Contractor except that traffic structures, light poles, etc., that are normally located within the construction limits will not be adjusted unless required by the proposed improvement. The Contractor may make arrangements for adjustment of utilities outside the limits of proposed construction as defined above provided the Contractor furnishes the Department with a signed agreement with the utility owner covering the adjustments to be made. The cost of any adjustments made outside the limits of proposed construction as defined above shall be the responsibility of the Contractor unless otherwise provided for. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them either by the utility company or by him; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions." ST-� I State of Illinois DEPARTMENT OF TRANSPORTATION Bureau of Local Roads and Streets SPECIAL PROVISIONS For SELECTION OF LABOR The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF. EXCESSIVE UNEMPLOYMENT Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers. "Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing- the particular type of work involved, if so certified by the Contractor and approved by the Engineer. The Contractor may place no more than 3 of his regularly employed non—resident executive and technical experts, who do not qualify as Illinois laborers, to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor, whether skilled, semi—skilled or unskilled, whether manual or non—manual . - - 1 I ' LR 123 (7-91 ) 32 a. 4 CITY OF ELGIN HYDRANT METER POLICY Effective January 1998 Any water obtained from the City of Elgin fire hydrants shall be metered and provided subject to the following: • Hydrant meters and accessories shall be obtained through the ' Meter Shop Of the City of Elgin. A deposit shall be required in the form of a certified . or cashier' s check; no cash shall be accepted. COSTS : 1 . Meter and accessory deposit: .. $250 for 1-inch meters, $700 for 3-inch meters, and $40 for hydrant wrenches . In the event the water meter is not returned or is returned damaged, deposits shall be forfeited. 2 . Usage. deposit: $200 or one month ' s anticipated water usage whichever . is higher. 3 . Water charges : Water usage shall be billed bimonthly on an estimated basis unless • actual reads . are provided . . The water rate is as currently adopted by the Elgin City Council . No sewer fees shall be billed. In addition to usage, the following meter availability charges will be added to the bimonthly bill : 1" 32 . 65/month 3" 163 . 25/month Water bills will be issued until the meter is returned to , the City. WATER BILLING/ACCOUNTABILITY: • Hydrant meters shall be returned to the Meter Shop November 1 of each year. The meter shall be read to determine total water usage. • The sign out form for hydrant water usage will be completed • in its entirety with all relevant information, including the start reading, by all contractors , whether associated with a ' City contract or not. The completed form and deposits shall be forwarded to the Finance Department. When the meter is returned, the end' read shall be taken or estimated if damaged or lost and usage calculated . This information. will be forwarded to the Finance Department for final billing . '. PROJECT DETAILS DESCRIPTION PAGE NUMBER Urban Lane Closure, Multilane PD-1 - PD-4 Traffic Control Devices PD-5 - PD-7 Source: Illinois Department of Transportation, Highways Standards A • ►- W20-70(0)-48 • or w21-Ia(0)-48 W21-4(0)-48 W2l-1o(0)-4B • w20-SLIO)-48 Or or 6111°' LEFT LINE ROAD CONSTRUCT).r W20-I161(0)-48AAE ,w ANEW CLOSEO L w21-I110(0)-48 521-1110(0)-48 • W20-1(0)-48 ___.) ( J l F 11°') L m min. © • ©wl © -I- 0 .( NI • o e—o-e-•-e e—o-e-e ---------------------C'--- i !7 e ° ° ° n , Z V///////!//////////!/7 :O ° ° ° o e (J V b t3 m min. 1 1 3�( �' ` ..01 01 o \Type11111 •• SiIDDEROAD°CLOSURES W21-4(0)-48 b o 0 RII.2 Barricade ID 2 W21-4(01-48 GENERAL NOTES LEFT LANE ROAD CLOSED CLOSED • Cones at 8 m (25')centers for 75 m (250'1. AD MEAD Additional cones may be placed at 15 m \) 0 (50'1 centers.When drums or type I or iI Or W20-SL(0)-48 barricades ore used,the Interval r/ ROAD Or W20-3(0)-48 between devices may be doubled. 1 CO)KTRN:T). ROAD AHEADC°6TR1CTl., Where,at anytime,day or night,any vehicle. I100 equipment,workers or their activities en- W20-I(0)-48 croach on the pavement requiring the closure of one traffic lone in an Urban W20-1(0)-48 area. CASE I Where L is: SPEED LIMIT FORMULAS 70 km/h (4(1 mph) Metric (English) or less: L = WS 2 L : WS 2 150 60 SYMBOLS 80 km/h (45 mph) or greater: L = 0.65(W)(S) L = (W)IS) SIGN SPACING t Arrow board W . Width of offset Posted Speed Sign Spacing in meters (feet). 55 150 m(500') r7777 �1 50-45 115 m(350') V Work area S = Normal posted speed <45 60 m(200') km/h (mph). or©= Refer to SIGN SPACING + burringde mond(redrum 1ono1ight steady TABLE for distances. If the work operation Is performed be- ®= Required for speeds >TO km/h(40 mph). I tween 9:00 a.m.and 3:00 p.m.and does not Barricade or drum without flashing light exceed 15 min.Traffic protection shollbe ®= Required if work exceeds as shown for Standard 701426. 164 m(500')or I block. = For speeds exceeding 80 km/h(45 mph) • Flogger with traffic control sign contact the District Operations Office Alldlmenslons ore In millimeters (Inches) for approval of sign spacing. 0 Cone,drum or barricade unless otherwise shown, (Cones for daytime use only) Sign on portable or permanent support DATE REVISIONS URBAN LANE CLOSURE.MULTILANE. ®wool,Woof Towne of irpuporToNon i-)-OI New Standard 2W WITH BIDIRECTIONAL ,,,NN,W.O ,0,,,oro I, 200, _ LEFT TURN LANE - gip (Sheet I of 4) MINCER OPERATIONS - yr,pyCp boom-EL NIO I STANDARD 01602 W20-70(0)-48 W21-4(01-48 W21-la(01-48 ®Or W20-5C101-48 0 Or ROAD • Or ® CORER LANE CDR ) AREA USEDW20-I101(0)-48 W20-1(01-48 W21-Il10(01-4B • 0i JJ L �i/2L L1 \`1) l _____a____� _ r�_____�__ _________o_p__________________¢__ u, O -0 O O O O O O O O O O O O O O O O If j�j'/ \ O O • a I O• • O e `�// — _y————k.L �TL /2L Q y/� L �TYPe III Barricade) r W21-A(0)� I. 0 O © I L I —/ `,Type III •• with _ Barricade Rao b W21-410148 CLOSED _ W-1-6R(01-6030 ,w[b 2 For Rll-2 CLOSED (Above barricade) •aTSED r. Or amps maintenance AHEAD •• �� — • and utility • projects W6-3(0)-48 — W20-3(O1-48 CONSTRUCT'.r W21-I104(01-48 Or MEAD RDAD For r• FOR APPROVED W20-1(0)-48 Cee xil). contract • SIDEROAD CLOSURES MEAD construction projects W20-1(01-48 CASE II All dimensions ore in millimeters (Inches) Unless otherwise shown. URBAN LANE CLOSURE.MULTILANE. ®19noia Dro•r.wnf of Trwucert•tbn 2W WITH BIDIRECTIONAL 'PREMED A„ -,, mmo, ' LEFT TURN LANE 7 (Sheet 2 of 41 Jorlgr,I. am 7 STANDARD 701602 1 • W20-7o(01-48 W21-1a(01-48 W21-4(01-48 nun W21-la(0)-48 Or •) ® uEAo Or Or W20•SC(01-48 Or Or ® _ ■OaaEaS ROAD W20-I101(0)'48 CEUOSEDE CCNSIRDCTI•' 405E0 MEAD L W21-1110(0)-48 W21-1110(01-48 a W20-1(01-48 _) J t J �l U 1d O � � � Q a• a a a IN ()I f 1 I Type III r• I Barricode •• FOR APPROVED W21-4(01-48 0 0 2 ••I ROM) r/ SIDEROAD CLOSURES so N W21-4(0)-48 aosE° I Row LEFT LANE Rtt-2 CLOSED CLOSE° AHEAD AHEAD0 a Or W20-5L(0)-48 W20-3(01-48 ROAD Or CONSTRUCT!. ROAD 'SAD CONSTRUCT!.r _ MEAD W20-1(0)-48 W20-1(0)-48 CASE III AU dimensions ore in millimeters (Inches) U111es3 Otherwise shown. URBAN LANE CLOSURE MULTILANE. ®W.I.D.a•r,,,,,,.pl Trmnwwr•+tw, 2W WITH BIDIRECTIONAL Y.•D�D ,•,Q,, z� _ LEFT TURN LANE ocn.Ea IlONS o I (Sheet 3 of 41 s STANDARD 701602 1 W20-7a(O1-48 W2t-10(0)-48 Or • Or W20-I101(01-48 W21-I110(01-48 ----� l ) l J I - J--1----- -- -a- --�- --------- - a 0 2 rr Barricade *r FS R APPROVED CLOSURES W21-4(0)-48 g N W21-4(0)-48 CLOSED _ ®rr RIGHT ux R11-2 aosm MEAD � Or •W20-5RL(01-48 y W20-3(0)-48 Bono Or ce1STPoIcTI. RO.o MEAD CONSTRUCT))r AHEAD W20-1(0)-48 W20-1(0)-48 CASE IV All dimensions ore In millimeters (inches) unless otherwise shown. 'URBAN LANE CLOSURE.MULTILANE. (its 1,.,.,rDeportment.,t•rnur.rtrnen 2W WITH BIDIRECTIONAL APPROVED T� LEFT TURN LANE tl�_ @ (Sheet 4 of 4) mogidelE0n' V 4 nw 1 STANDARD 701602 r i c a 300 min. ROAD E E (12) CONSTRUCTION END o, O I� NEXT X MILES CONSTRUCTION ii..11E_ E G20-1(0)-6036 C20-20(01-6024 j[ (1 � (I_ �-` + This signing Is required for all projects over 3200 m(2 miles) or more In length. II) 1 300 min. Type A 150 max. )50 max. �.{ )50 max. Type A (12) ROAD CONSTRUCTION NEXT X MILES sign shall be flasher I (6) -111 (6) Rll-2 I I (6) flasher I RII-4 placed 150 m(5001 in advance of project limits. L I 'r- , •1. ROAD CLOSED ROAD CLOSED • Is--II • 11r�. T� ROAD . I—_� END CONSTRUCTION sign shall be erected l i t CLOSED r i, '1 To Tojob at the of the unless another job is within • I r)•l • ii r� s— —ii i eeeere�i TNRU TRAFFIC TNRU TRAFFIC 3200 m(2 miles) . • I , Edge of shoulder ^ •�Pavement Pavement\ WORK LIMIT SIGNING ROAD CLOSED TO ALL TRAFFIC ROAD CLOSED TO ALL TNRU TRAFFIC Reflectorized striping may be omitted on the Reflectorized striping shall appear on both back side of the barricades.The barricades shall sides of the barricades.The barricades shall be to the edge of the shoulders except when be to the edge of the pavement except otherwise directed by the Engineer or shown on when otherwise directed by the Engineer or the detailed construction plans. shown on the detailed construction plans. �J Type A mon°directional flashing light TYPICAL APPLICATIONS OF `3.6 m(12'i mox.. 151 TYPE III BARRICADES CLOSING A ROAD m, E (241 , (24) CI __._.) T1.0 m mOx.l o' iOOz100 (4x4) (10') �I n nom.wood pos Edge of v- E pavement Tripod 5 L 2,4 m min. ° E E or face E r (81 1 m of curb r 1.5 m min. I I o D `.- y w ry= n= 1.2 m min., (5') I c (41 I -E- _, IS m(5'1 mini1 Elevation of edge Elevation of edge — et.?d N M E tEv Paved shoulder embedment of pavement of pavement _S ) TYPICAL SiGN INSTALLATIONS AM* c c c ?�' E E,., E E E= —I E= I . GENERAL NOTES ��� .- e: N * When curb or paved shoulder ore present .�����. this dimension sholl be 600 mm (24")to the f f f face of curb or l.8 m (6')to the outside TYPE A TYPE B TYPE C edge of the paved shoulder. ROOF MOUNTED ROOF OR TRAILER MOUNTED TRAILER MOUNTED Allhelghts shown shall be measured above the pavement surface. ADdimenslons ore In millimeters (Inches) ARROW BOARDS unless otherwise shown. DATE REVISIONS ®lNRnd•OAOAr.n•Ant or Tra.,5S 0rmn .1-1-01 Added the word limits in TRAFFIC CONTROL vEZI bra. mm _ Work Limit Signing det. DEVICES o Removed tubular marker. ,�y 1-1-00 Rev.max.tripod sign _ (Sheet I of 3) .i.w.m >� = offset & END CONST. STANDARD 702001-02 b.,,,,t5tW.J nr 0 _V _ sign number. It Type A monodlrectional 9 116-121 7—flashing light l36) I (6-12) �.8 m = 2.4 m .{ 161 (8') When Workers Present I i WHEN I Strobe WORKERS • I *=250 OW R2-1107 (0)-3624 Ilght - (Black on orange) A PRESENT "Typical la mg'' Nil: I� (4') sign AEI !t. SPEED Speed Limit 45 LIMIT = E *, R2-1-3648 E �I` -I (Black on white) 45 $,Y g ft' gierArAr •150 Fine Minimum ` Frames shallbe no heavier than: W21-1107A-3618 5150 FINE 100400 (4x4) (nom.dim.)wood or Edge of (Block on white) MINIMUM 50x50x3(2x2x�/e) steel tubing or -T--— " 50x50x5 t2x2x3)) steel angles Pavement 4 -+------ -� - -� Rigid 75(31 E ® L. _____.___ _ I__ __—_____ _ pvc D1P8 \.) Pavement §:-.) ..., r.ra. L- — L L_ ________ _ L._ G� CONSTRUCTION SPEED LIMIT SIGN - - { 111000 OR PETAL SUPPORTS PVC PIPE SUPPORTS {{.. 624= WING BARRICADES 1 A t24) 75 min, N 1r(3) a c o F 0 0 __/ -- -- O 00 c v r:I.-- .i�. II;I 000 > p r•1 .�. .�I.I .41� U Weep holes IL_. I, e m I._ I+- / (25) I I (2 I I (2 I Construction advance ¢ 0 Cl 60 m= 60 m* 60 mt warning signs (20')i (2 01 (2r 0 t a A 'f One Or two PLAN ▪ u 8 m piece base 1.5 m (25') 45= (5•) 4 I'_- _ i _ I FLEXIBLE DELINEATORS 1 (1y41 1 Face may be stepped I or smooth ^F i I L. J . Traffic ia3 All dimensions ore In millimeters (inches) i v� unless otherwise shown. Epoxy channels 90t .I TRAFFIC CONTROL (it u�Ns pmportaronr or rra.wor,arw. (3112) Amor,I. 2001 _ TYPICAL INSTALLATION DEVICES APPOOVCO �-��a I SECTION A-A (Sheet 2 of 3) „mNOYm Jarmo,,.I, mot _ TEMPORARY RUMBLE STRIPS STANDARD 702001-02 9 ti 00 3.6 m (121 max. 1 N g Q N 1.2 m (4') min. 8 m R rQYgi^ A ) NN I /47 -�'` 1?�m%n. '`` 2�min, n `- E rvilIll. . _r_____,4•10,...7$:111: b��oPC)v,�6 tea./\ Q -�P/\ o Q iiii.►6 6 / $^ N �1 I`�`Centerune II I/6 of/ ( c m 1 length"'III of suppor tt"length N bottom)astriped ll 6Aro. 4)4. + i 10ox100 TYPE IA BARRICADE TYPE I BARRICADE TYPE II BARRICADE 4 (4x4) 50x50x5 czxzx�ffi, Angle or ..O '� 50x50x3 (2x2x/e) tubing SOx per support)(2x4 E -L_ t2 600 E_.1241 3 ,n u' 450 min.(12) (18) h300Tubing welded 1125 175 / I (12) /—to base { (5) 1.150 II 200 (8) Federdseries C er — , ., ) 450 Base \.) I /-s-.e' Pr: f MNIIIIMIIIIMMI / ` //N\ 1 7l Federalseres 3 (/e) yI * _ ( $feel plates (18) 1 'nr g` / _ _ _` 9. (When 1.5 m w. s e ST1GP -- 9 IsL Os18im1e0)— a o (6') 77----^^ -Z 400 S7�. 513 1 06)I TYPICAL WOOD SUPPORT TYPICAL STEEL SUPPORT I= (20'/2l / v ` E 1'A2 I TYPE III BARRICADES E 1 I i0 101 ) DIoj 3 holes I 450x450 Orange flags 450 min. I ■ (18x18) (18) ♦ t . - STAFF FRONT SIDE REVERSE SIDE I *.100-150(4-6) FLAGGER TRAFFIC CONTROL SIGN c OF SPECIFIER(SI DRUMS AND SAND MODULE E IMPACT ATTENUATORS 300 1.51181: E I �_ Aidimenslons ore In millimeters (Inches) oi _ UI ,R� 8 .a unless otherwise shown. / (4I 8N iv ®1..,.,.,<rrment a,.r naffs, „-- $Q TRAFFIC CONTROL .,..,�, Aa,wry L 2om - orange Orange ' DEVICES HIGH LEVEL WARNING DEVICE (Sheet 3 of 3) 200, 7 VERTICAL PANELS REFLECTORIZED CONES CONES STANDARD 702001-02 bwwmi .ww. ti