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HomeMy WebLinkAbout20-0909 Lords Park ao- octet September 9, 2020 Agenda Bid Item: #1 — Job Order Contract Lords Park Pool Caulking ($28,523) JOB ORDER CONTRACT — — --- -- — -- — AGREEMENT — — — -- — — --- — -- THIS AGREEMENT is dated this 9th day of September , 2020, by and between the City of Elgin, an Illinois Municipal Corporation (herein called "City") and F.H. Paschen, S.N. _ -Nielsen_&_Associates, LLC, an-Illinois_limited liability_.company(herein.called_"Contractor.'_), a _ . _ corporation with a-principal place.of business at 5515 N.-East-River Road, Chicago, Illinois 60656.- WHEREAS, the City has requested and Contractor has provided a proposal for a job order contract to provide for certain repairs to the City's Lords Park Pool; and WHEREAS, Contractor submitted a proposal for a job order contract for such work dated . May 21, 2020, consisting of three (3) pages, attached hereto as Attachment A ("Contractor's Job Order Contract Proposal"); and WHEREAS, the City Council has determined that it to be in the best interests of the City to. award the contract to the Contractor for the Lords Park Pool Repair Project (hereinafter referred to as the "Work"). NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the. sufficiency of which is hereby acknowledged, 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: This project will generally be comprised of repairs to the Lords Park Pool. The scope of the Work is summarized in Contactor's Job Order Contract Proposal and includes various cleaning, repairs and painting and other items listed therein. Article 2. City Representative. There is no Engineer for the Work. The City's Building Maintenance Superintendent shall act as City's representative and shall assume and provide such duties and obligations of the Engineer 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. Substantial completion shall be within 40 calendar days -of written Notice to Proceed. Final Completion shall be within 45 calendar days of written Notice to Proceed. 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. The City and Contractor agree that as reasonable liquidated damages for delay (but not as.a penalty) Contractor shall pay City $300.00 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_$300.00 for _each day beyond the Mite for Final Coriipletioi ... Contractor agrees and acknowledges_ that suchliquidated:daiiiages _constittite_a . reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in the..event any provisions in any of the Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages resulting frorii Contractor's delay,the provisions of this paragraph shall control,and such conflicting provisions and any Contract Documents shall not constitute, and shall not be construed as, a basis by which to render the provisions of this paragraph unenforceable. 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 darnages during the period occasioned by the.delay. Article 4. Contract Price. City shall pay Contractor'$28,522.95 as indicated in the Contractor's Job Order Contract Proposal 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. Notwithstanding anything to.the contrary in any Contract Documents, City shall be entitled to Withhold any payments pending the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all subcontractors up to the date of Contractor's application for partial or final payment in City's sole discretion. City shall further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. in the event City makes any such payments directly to any subcontractors, the amount of such payments shall be deducted from the total amount due to Contractor pursuant to this Agreement; and Contractor shall provide a written release to City in the amount of any such payments upon ten (10)days written.demand. Concurrent with all applications for payment, Contractor shall provide City with a sworn certification of all work performed by all subcontractors and amounts paid to all subcontractors\as of-the date of application. 5.2. Retainage. City may withhold, from all payments prior to Substantial Completion, an amount equal to up to ten percent (1.0%) of work completed, at City'ss sole discretion. Upon • 2 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. Contractor's Job Order Contract Proposal, attached hereto as Attachment A. c. General Conditions, based upon EJCDC No. 19.10-8 (1996 Edition) as modified by the City of Elgin, Illinois, attached hereto as Attachment B. • d. Supplementary Conditions Regarding insurance, attached hereto as Attachment C. e. Attachment D-intentionally Omitted. f. City Forms attached hereto as Attachment E. g. Certificates of insurance. h. Bonds i. Notice to Proceed. j. The terms of a Joint Purchasing Agreement through National Cooperative Purchasing Alliance, under Contract No. 04-14, base term April 2, 2018 to April 30, 2019, incorporated herein by reference. in the event of any conflict between the terms of the Joint Purchasing Agreement through National Cooperative Purchasing Alliance, and the other Contract Documents and this Agreement, the other Contract Documents and this Agreement shall supersede and control. k. 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. Prevailing Wage. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 iLCS 130/.01, et seq., as amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus 3 • amount for fringe benefits) in the county where the work.is performed. The i1linois Department of Labor publishes the prevailing wage rates on its website at hup://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Deparinient of -. - - - Labors-website. -All.contractors.and_subcontractors-rendering-services under..this.Agreement.must comply-with all requirements-of the Prevailing—Wage Act; 'including but not liniited to, all wage requirements and notice and record keeping duties. Article 8. Affirmative.Action. The Contractor will not discriminate against any employee.or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, martial status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question'. Contractor shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02040 and will require any subcontractor to submit to.the City a written commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Contractor agrees that the provisions"of Section 5.02,040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. Article 9. 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 ofany 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 the City shall be mailed or delivered. Such notices, letters and other communications shall be directed to the City's General Services Manager. Either party . 4 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. - - - - 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, the Engineer, Engineer's consultants and the officers, employees, boards and commissions .of each and any of them from and against any and all claims, suits,judgments, costs, attorneys' 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, or arising out of or in connection with litigation based on any mechanic's lien or other claims, suits, judgments and/or demands for damages by subcontractors. 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 City's choosing. in the event and to the extent that any legal work is performed by City's in-house legal counsel pursuant to the provisions of this section, City shall be reimbursed by Contractor for such legal work at the rate of$200 per hour, which rate Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. j. Compliance with Laws. Notwithstanding any other provision of this Contract it is expressly agreed and understood that in connection with the performance of this Contract that the Contractor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any application requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Contractor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful 5 _prosecution of the work, and/or the products and/or services to be provided for in this Contract. The City shall have the right to audit any records in the possession or control of the Contractor to determine Contractor's compliance with the provisions of this section. in the event the City proceeds with such an audit the Contractor shall make available to the City the Contractor's relevant records at no cost to the City. Contractor shall .pay_any. and_ all_costs_associated with_any_such_audit. _ Without__limiting .the_ for going, Contractor hereby; certifies,- represents and warrants to:the City .that all Cobtractoi" empioyees and/oi- agents who will be providing products and/or services With respect to this Contract shall be legally:authorized to work in the United States. k. No Interest. Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois interest Act (815 ILCS 205/1, et seq.), as amended. Limitation of Actions. Contractor'agrees that any cause of action, lawsuit or Other legal claim by the Contractor arising out of this Agreement must be filed within one year of the date the alleged cause of action, lawsuit or other legal claim arose or the same will be time barred and waived and released by the Contractor. m. Registration. Contractor hereby warrants and represents that it is registered with the Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and such entity further hereby warrants and represents that it is in good standing in the-state of its incorporation or organization. n. Counterparts aiid Execution. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. For the purposes of executing this Agreement, any signed copy of this Agreement • transmitted by fax machine or e-mail shall be treated in all.manners and respects as an original document. The 'signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an Original signature and shall have the same legal effect as an original signature, Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or a-mail as a defense to this Agreement and shall forever waive such defense. 6 — _ IN WITNESS WHEREOF, City and Contractor have signed this Agreement. This Agreement shall be effective on September 9, 2020. CONTRACTOR: CIT • of Elgin By: /41UTa,J if!Zf By: Richard G. Kozal Title: P4-5t9 N ( Title: City Manager Address for giving notices: Address for giving notices: F.H. Paschen, S.N.Nielsen & Associates, LLC City of Elgin 5515 N. East River Road 150 Dexter Court Chicago, Illinois 60656 Elgiti, Illinois 60120 Attn: Project Manager Attn: Richard Hoke FEIN # 6 - s 1 F:\Lcgal Dept\Agreement\Paschen Agr-Lords Park Pool-8-28-20.docx 7 ATTACHMENT A r May 21, 2020 City of Elgin Attn: Rich Hoke • 1900 Holmes Rd Elgin, IL 60123 Lords Park Pool Repairs Scope of Work Scope of Work • Remove existing sealant at interior pool joints and pool deck joints. • Install required primer and Pecora Synthacalk GC2+two-part polysulfide rubber sealant at interior pool concrete joints. • Install Tremco Dymonic 100 sealant at pool deck concrete joints. Clarifications • This proposal excludes the removal and disposal of any hazardous material. • This proposal excludes any unforeseen conditions that may arise. • This proposal excludes any overtime or premium time,proposal is based on normal work hours. • This proposal includes only the following items described in the above scope. • a F.H.PASCHEN,S.N.NIELSEN&ASSOCIATES LLC F.H. PASCHEN 5515 N. East River Road,Chicago, IL 60656 p.773.444.3474 f.773.693.0064 I www.fhpaschen.com 1mi ini� Final Estimate Leo Wright F.H. Paschen 0000-NCPA-Base Term-4/02/2018 to 4/30/2019 m Elgin Lords Park Pool Repairs-NCPA RQN 2020-6605120022 Fit Pasd'ien tit Nielsen Leo Wright i Estimator: Leo Wright Pool Deck Joint Sealant L. _ _ _ — - -- Division Summary(MF04) 01 -General Requirements $392.00 26-Electrical 02-Existing Conditions 27-Communications 03-Concrete 28-Electronic Safety and Security 04-Masonry 31 -Earthwork 05-Metals 32-Exterior Improvements 06-Wood,Plastics,and Composites 33-Utilities 07-Thermal and Moisture Protection $16,555.00 34-Transportation 08-Openings 35-Waterway and Marine Transportation 09-Finishes 41 -Material Processing and Handling Equipment 10-Specialties 44-Pollution Control Equipment 11 -Equipment 46-Water and Wastewater Equ pment 12-Furnishings 48-Electric Power Generation 13-Special Construction Alternate $7,930.00 14-Conveying Equipment Trades $681.20 21 -Fire Suppression Assemblies 22-Plumbing FMR 23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) $25,558.20 25-Integrated Automation Totalling Components Priced Line Items $25,558.20 RSMeans NORTH SUBURBAN,IL CCI 202001, 117.60% $4,498.24 NCPA-Regular Hours (-6.0000%) $(1,533.49) Material,Labor,and Equipment Totals(No Totalling Components) Material: $4,965.00 Labor: $20,526.10 Equipment: $67.10 Other: $0.00 Laborhours: 244.00 Green Line Items:0 $0.00 . Grand Total $28,522.95 Printed 21 MAY 2020 11:35AM v2.638 Page 1 of 2 Elgin Lords Park Pool Repairs-NCPA RQN 2020-6605120022 `E.5t ate F1nk,o,�tse nt`. Pooh lei~ " Book ��- C+ogt �,.�.- Unit rtSN,19F PG aUantitY $3g2•00 `E• o& - V $1g6 OQ $392 pp 2 0Qp0 0 f ht` i . ._- -~,�"`.�--`~ a\\eau`Pmenc,Pfa�d rn $3 a0 $g;lQO�p M.�• OER NIr,9 sm Mt9FP or `eO =D c�\ptl�� charge for pQ RS` p&P Egt�r'� @S aron�delivery - 1,500.0000 5p0 OppO $ 34 g10 g55� M' \tem 6ht5 or demob akuP tNd o°\5� F 3. 06,555.00 eras RegV�rem M°b�\�tao°co`1i 131 oper o nt ao tar 1 or 2 25p 0000 ei� 0 rear°f, demobruz rtg'�� \nP\ate, 3, �1 •01 5q 1-92.-,120 M°p�\�ze and \ReaV\�e�e e 00030 nos' \e,1 oce i°ants `.F s o 1 Gergra ofysu\fid t�ote��o<per) 51,930.00 0� o&P 0� - rotect o and sealants,P beer sea\aot a \ace,1°r 2 2. re P catAld and 1,31e su��ae lv bulk,\n place, $2 44 $1,g30'00 and M�fSt orrtt sea\anfs5,a�f\GC ga\,'31e.two-part P°\y fs.P°\yurefnane, � -.�h �a� g0p cornP°nera SYntt+ao�\k ng and sealants, ncrete�omts • 3.25Q p000 er 2 Q�.92'13 Q 2 \nst nI Starao314aXd oast at poot d otoct'oo 1 ota\ 1°r `F rades p&P Prose $6g1.201,. 38pp cOnp°neoYm°n Moisture $681'20 thane'bolt',in place,sle cA 0�_921-92-1 tnsta\\Trem t� re $g51 a\an d sealants,P°\yu 3 01 -lhecm $ppQO oau\K�n9 an Q8,522 9y fern° Joren\3� ^i Pao\deck concrete 1°mts flour P\ternat6 3 2p.3ap0 em° e pOm9 5ea\ant a p?g2 'Remove Alternate ota\ a�Sd'res &p Raft Grand ota\ 2020 RSMeaoo crest idm<S �gtfCtlate n carpenters tenor P • Z rades tabor to ynsta\\primer a 5 GAR' .�radestota\ ' Gp P RaN 2p20 66p512pp22 `orris park poor RePa�rs-td Elgin Page 2°f 2 SPY 202p 11:35PM v2.638 ?tinted 21 ATTACHMENT B 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. 00-700-1 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 00-700-2 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds 9 2.02 . Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 10 ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 12 4.05 Reference Points 12 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5-BONDS AND INSURANCE 13 5.01 Performance,Payment, and Other Bonds 13 5.02 Licensed Sureties and Insurers 14 5.03 Certificates of Insurance 14 5.04 CONTRACTOR'S Liability Insurance 14 5.05 Contractor's Property Insurance.... 15 5.06 Waiver of Rights 15 5.07 Acceptance of Bonds and Insurance;Option to Replace 15 5.08 Partial Utilization,Acknowledgment of Property Insurer 16 ARTICLE 6-CONTRACTORS RESPONSIBILITIES 16 6.01 Supervision and Superintendence 16 6.02 Labor; Working Hours 16 6.03 Services,Materials, and Equipment 16 6.04 Progress Schedule 16 6.05 Substitutes and Or-Equals 17 6.06 Concerning Subcontractors,Suppliers, and Others 18 6.07 Patent Fees and Royalties 18 6.08 Permits 19 6.09 Laws and Regulations 19 6.10 Taxes 19 6.11 Use of Site and Other Areas 19 6.12 Record Documents 20 6.13 Safety and Protection 20 6.14 Safety Representative 20 6.15 Hazard Communication Programs 20 00-700-3 6.16 Emergencies 20 6.17 Shop Drawings and Samples 20 6.18 Continuing the Work 22 6.19 CONTRACTORs General Warranty and Guarantee 22 6.20 Indemnification 22 ARTICLE 7-OTHER WORK 23 7.01 Related Work at Site 23 7.02 Coordination 23 ARTICLE 8-OWNERS RESPONSIBILITIES 23 8.01 Communications to Contractor 23 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 24 9.01 OWNERS Representative 24 9.02 Visits to Site 24 9.03 Project Representative 24 9.04 Clarifications and Interpretations • 25 9.05 Authorized Variations in Work 25 9.06 Rejecting Defective Work • 25 9.07 Determinations for Unit Price Work 25 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 25 9.09 Limitations on ENGINEERs Authority and Responsibilities 25 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 26 10.01 Authorized Changes in the Work 26 10.02 Unauthorized Changes in the Work 26 10.03 Execution of Change Orders 26 10.04 Notification to Surety 26 10.05 Claims and Disputes 26 ARTICLE 11 -COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 27 11.01 Cost of the Work 27 11.02 Cash Allowances 28 11.03 Unit Price Work 29 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 29 12.01 Change of Contract Price 29 12.02 Change of Contract Times 30 12.03 Delays Beyond CONTRACTORs Control 30 12.04 Delays Within CONTRACTORs Control 30 12.05 Delays Beyond OWNERs and CONTRACTORs Control 30 12.06 Delay Damages 30 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 30 13.01 Notice of Defects 30 13.02 Access to Work 30 13.03 Tests and Inspections 31 13.04 Uncovering Work 31 13.05 OWNER May Stop the Work 31 13.06 Correction or Removal of Defective Work 31 13.07 Correction Period 31 13.08 Acceptance of Defective Work 32 13.09 OWNER May Correct Defective Work 32 ARTICLE.14-PAYMENTS TO CONTRACTOR AND COMPLETION 33 14.01 Schedule of Values 33 14.02 Progress Payments 33 14.03 CONTRACTORs Warranty of Title 34 14.04 Substantial Completion 34 14.05 Partial Utilization 35 00-700-4 14.06 Final Inspection 35 14.07 Final Payment 35 14.08 Waiver of Claims 36 ARTICLE 15-TERMINATION 36 15.01 OWNER May Terminate for Cause 36 15.02 OWNER May Terminate For Convenience 36 ARTICLE 16-DISPUTE RESOLUTION 37 16.01 Methods and Procedures 37 ARTICLE 17-MISCELLANEOUS 37 17.01 Giving Notice 37 17.02 Computation of Times 37 17.03 Cumulative Remedies 37 17.04 Survival of Obligations 37 17.05 Controlling Law 37 17.06 Professional Fees and Court Costs Included 37 17.07 Prevailing Wage Rates 37 00-700-5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times,or both,or other relief with respect to the 1.01 Defined Terms terms of the Contract. A demand for money or services by a third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters,the terms listed below shall have 11. Contract--The entire and integrated written the meanings indicated which are applicable to both the singular agreement between the OWNER and CONTRACTOR and plural thereof. concerning the Work. The Contract supersedes prior negotiations,representations,or agreements,whether written 1. Addenda--Written or graphic instruments issued or oral. prior to the opening of Bids which clarify,correct,or change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include 2. Agreement--The written instrument which is the Agreement, Addenda (which pertain to the Contract evidence of the agreement between OWNER and Documents), CONTRACTOR's Bid (including CONTRACTOR covering the Work. documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award),the 3. Application for Payment--The form acceptable to Notice to Proceed,the Bonds,Certificates oflnsurance,these ENGINEER which is to be used by CONTRACTOR during General Conditions, the Supplementary Conditions, the the course of the Work in requesting progress or final Specifications and the Drawings as the same are more payments and which is to be accompanied by such specifically identified in the Agreement, together with all supporting documentation as is required by the Contract Written Amendments, Change Orders, Work Change Documents. Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the 4. Asbestos--Any material that contains more than one Effective Date of the Agreement. Approved Shop Drawings percent asbestos and is friable or is releasing asbestos fibers and the reports and drawings of subsurface and physical into the air above current action levels established by the conditions are not Contract Documents. Only printed or hard United States Occupational Safety and Health copies of the items listed in this paragraph are Contract Administration. Documents. Files in electronic media format of text,data, graphics,and the like that may be furnished by OWNER to 5. Bid--The offer or proposal of a bidder submitted on CONTRACTOR are not Contract Documents. the prescribed form setting forth the prices for the Work to be performed. 13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 6. Bidding Documents--The Bidding Requirements accordance with the Contract Documents as stated in the and the proposed Contract Documents (including all Agreement(subject to the provisions of paragraph 11.03 in Addenda issued prior to receipt of Bids). the case of Unit Price Work). 7. Bidding Requirements--The Advertisement or 14. Contract Times--The number of days or the dates Invitation to Bid,Instructions to Bidders,Bid security form, stated in the Agreement to: (i) achieve Substantial if any,and the Bid form with any supplements. Completion;and(ii)complete the Work so that it is ready for final payment as evidenced by ENGINEER's written 8. Bonds--Performance and payment bonds and other recommendation of final payment. instruments of security. 15. CONTRACTOR--The individual or entity with 9. Change Order--a change in a contract term other whom OWNER has entered into the Agreement. than as specifically provided in the contract which authorizes or necessitates any increase or decrease in the cost of the 16. Cost of the Work--See paragraph 11.01.A for contract or the time of completion by thirty (30) days or definition. more. 17. Drawings or Plans--That part of the Contract Documents prepared or approved by ENGINEER which 00-700-6 graphically shows the scope, extent, and character of the Contract Times shall commence to run and on which Work to be performed by CONTRACTOR. Shop Drawings CONTRACTOR shall start to perform the Work under the and other CONTRACTOR submittals are not Drawings as Contract Documents. so defined. 30. OWNER--The City of Elgin 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, 31. Partial Utilization--Use by OWNER of a but if no such date is indicated,it means the date on which substantially completed part of the Work for the purpose for the Agreement is signed and delivered by the last of the two which it is intended (or a related purpose) prior to parties to sign and deliver. Substantial Completion of all the Work. 19. ENGINEER--The individual or entity named as 32. PCBs--Polychlorinated biphenyls. such in the Agreement. 33. Petroleum--Petroleum, including crude oil or any 20. ENGINEER's Consultant--An individual or entity fraction thereof which is liquid at standard conditions of having a contract with ENGINEER to furnish services as temperature and pressure(60 degrees Fahrenheit and 14.7 ENGINEER's independent professional associate or pounds per square inch absolute),such as oil,petroleum,fuel consultant with respect to the Project and who is identified as oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed such in the Supplementary Conditions. with other non-Hazardous Waste and crude oils. 21. Field Order--A written order issued by ENGINEER 34. Project--The total construction of which the Work which requires minor changes in the Work but which does to be performed under the Contract Documents may be the not involve a change in the Contract Price or the Contract whole, or a part, as may be indicated elsewhere in the Times. Contract Documents. 22. General Requirements--Sections of Division 1 of 35. Project Manual--The bound documentary the Specifications. The General Requirements pertain to all information prepared for bidding and constructing the Work. sections of the Specifications. A listing of the contents of the Project Manual,which may be bound in one or more volumes,is contained in the table(s) 23. Hazardous Environmental Condition--The of contents. presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste,or Radioactive Material in such quantities 36. Radioactive Material--Source,special nuclear,or or circumstances that may present a substantial danger to byproduct material as defined by the Atomic Energy Act of persons or property exposed thereto in connection with the 1954(42 USC Section 2011 et seq.)as amended from time Work. to time. 24. Hazardous Waste--The term Hazardous Waste shall 37. Resident Project Representative--The authorized have the meaning provided in Section 1004 of the Solid representative of ENGINEER who may be assigned to the Waste Disposal Act (42 USC Section 6903) as amended Site or any part thereof. from time to time. 38. Samples--Physical examples of materials, 25. Laws and Regulations;Laws or Regulations--Any equipment,or workmanship that are representative of some and all applicable laws,rules,regulations,ordinances,codes, portion of the Work and which establish the standards by and orders of any and all governmental bodies, agencies, which such portion of the Work shall be judged. authorities,and courts having jurisdiction. 39. Shop Drawings--All drawings, diagrams, 26. Liens--Charges,security interests,or encumbrances illustrations,schedules,and other data or information which upon Project funds,real property,or personal property. are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to 27. Milestone--A principal event specified in the illustrate some portion of the Work. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 40. Site--Lands or areas indicated in the Contract 28. Reserved Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and 29. Notice to Proceed--A written notice given by easements for access thereto,and such other lands furnished OWNER to CONTRACTOR fixing the date on which the 00-700-7 by OWNER which are designated for the use of 49. Work Change Directive--A written statement to CONTRACTOR. CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER ordering an addition, 41. Specifications--That part of the Contract deletion,or revision in the Work,or responding to differing Documents consisting of written technical descriptions of or unforeseen subsurface or physical conditions under which materials,equipment,systems,standards,and workmanship the Work is to be performed or to emergencies. A Work as applied to the Work and certain administrative details Change Directive shall not change the Contract Price or the applicable thereto. Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change 42. Subcontractor--An individual or entity having a Directive shall be incorporated in a subsequently issued direct contract with CONTRACTOR or with any other Change Order following negotiations by the parties as to its Subcontractor for the performance of a part of the Work at effect,if any,on the Contract Price or Contract Times. the Site. 50. Written Amendment--A written statement modifying 43. Substantial Completion--The time at which the the Contract Documents, signed by OWNER and Work(or a specified part thereof)has progressed to the point CONTRACTOR on or after the Effective Date of the where, in the opinion of ENGINEER, the Work (or a Agreement and normally dealing with the non-engineering or specified part thereof)is sufficiently complete,in accordance nontechnical rather than strictly construction-related aspects with the Contract Documents, so that the Work (or a of the Contract Documents. specified part thereof)can be utilized for the purposes for which it is intended. The terms"substantially complete"and 1.02 Terminology "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44. Supplementary Conditions--That part of the 1. Whenever in the Contract Documents the terms"as Contract Documents which amends or supplements these allowed,""as approved,"or terms of like effect or import are General Conditions. used, or the adjectives "reasonable," "suitable," "acceptable,""proper,""satisfactory,"or adjectives of like 45. Supplier--A manufacturer, fabricator, supplier, effect or import are used to describe an action or distributor,materialman,or vendor having a direct contract determination of ENGINEER as to the Work,it is intended with CONTRACTOR or with any Subcontractor to furnish that such action or determination shall be solely to evaluate, materials or equipment to be incorporated in the Work by in general, the completed Work for compliance with the CONTRACTOR or any Subcontractor. requirements of and information in the Contract Documents and conformance with the design concept of the completed 46. Underground Facilities--All underground Project as a functioning whole as shown or indicated in the pipelines, conduits, ducts, cables, wires, manholes, vaults, Contract Documents (unless there is a specific statement tanks,tunnels,or other such facilities or attachments,and any indicating otherwise). The use of any such term or adjective encasements containing such facilities,including those that shall not be effective to assign to ENGINEER any duty or convey electricity,gases,steam,liquid petroleum products, authority to supervise or direct the performance of the Work telephone or other communications,cable television,water, or any duty or authority to undertake responsibility contrary wastewater,storm water,other liquids or chemicals,or traffic to the provisions of paragraph 9.10 or any other provision of or other control systems. the Contract Documents. 47. Unit Price Work--Work to be paid for on the basis B. Day of unit prices. 1. The word"day'shall constitute a calendar dayof24 48. Work--The entire completed construction or the hours measured from midnight to the next midnight. various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, C. Defective and furnishing,installing,and incorporating all materials and equipment into such construction, all as required by the 1. The word "defective," when modifying the word Contract Documents. "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any 00-700-8 inspection,reference standard,test,or approval referred to in Proceed. A Notice to Proceed may be given at any time within the Contract Documents, or has been damaged prior to 30 days after the Effective Date of the Agreement. ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by 2.04 Starting the Work OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall D. Furnish,Install,Perform,Provide be done at the Site prior to the date on which the Contract Times commence to run. 1. The word"furnish,"when used in connection with services,materials,or equipment,shall mean to supply and 2.05 Before Starting Construction deliver said services,materials,or equipment to the Site(or some other specified location)ready for use or installation A. CONTRACTOR's Review of Contract Documents: and in usable or operable condition. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and 2. The word"install,"when used in connection with check and verify pertinent figures therein and all applicable field services,materials,or equipment,shall mean to put into use measurements. CONTRACTOR shall promptly report in or place in final position said services, materials, or writing to ENGINEER any conflict, error, ambiguity, or equipment complete and ready for intended use. discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER 3. The words "perform"or"provide,"when used in before proceeding with any Work affected thereby; however, connection with services, materials, or equipment, shall CONTRACTOR shall not be liable to OWNER or ENGINEER mean to furnish and install said services, materials, or for failure to report any conflict,error,ambiguity,or discrepancy equipment complete and ready for intended use. in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. 4. When"furnish,""install,""perform,"or"provide" is not used in connection with services, materials, or B. Preliminary Schedules: Within ten days after the equipment in a context clearly requiring an obligation of Effective Date of the Agreement(unless otherwise specified in CONTRACTOR,"provide"is implied. the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or 1. a preliminary progress schedule indicating the times construction industry or trade meaning are used in the Contract (numbers of days or dates) for starting and completing the Documents in accordance with such recognized meaning. various stages of the Work, including any Milestones specified in the Contract Documents; ARTICLE 2-PRELIMINARY MATTERS 2. a preliminary schedule of Shop Drawing and Sample submittals which shall list each required submittal 2.01 Delivery of Bonds and the times for submitting,reviewing,and processing such submittal;and A. When CONTRACTOR delivers the executed Agreements to OWNER,CONTRACTOR shall also deliver to 3. a preliminary schedule of values for all of the Work OWNER such Bonds and certificates of insurance as which includes quantities and prices of items which when CONTRACTOR may be required to furnish. added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the 2.02 Copies of Documents basis for progress payments during performance ofthe Work. Such prices shall include an appropriate amount ofoverhead A. OWNER shall furnish to CONTRACTOR up to ten and profit applicablto each item of Work. copies of the Contract Documents. Additional copies shall be 2.06 Preconstruction Conference furnished upon request at the cost of reproduction. A. Within 10 days after the date of delivery of the Project 2.03 Commencement of Contract Times;Notice to Proceed Schedules referenced herein but before any Work at the Site is started,a conference attended by CONTRACTOR,ENGINEER, A. The Contract Times shall commence to run on the the OWNER and others as appropriate shall be held to establish thirtieth day after the Effective Date of the Agreement or, if a a working understanding among the parties as to the Work and to Notice to Proceed is given,on the day indicated in the Notice to discuss the schedules referred to in paragraph 2.05.B, 00-700-9 procedures for handling Shop Drawings and other submittals, 1. If, during the performance of the Work, processing Applications for Payment,and maintaining required CONTRACTOR discovers any conflict,error,ambiguity,or records. discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or 2.07 Initial Acceptance of Schedules: reserved Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier,CONTRACTOR shall report it ARTICLE 3-CONTRACT DOCUMENTS: INTENT, to ENGINEER in writing within three business days. AMENDING,REUSE CONTRACTOR shall not proceed with the Work affected thereby(except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract 3.01 Intent Documents has been issued by OWNER or ENGINEER as provided for herein. A. The Contract Documents are complementary;what is called for by one is as binding as if called for by all. B. Resolving Discrepancies B. Any applicable labor, documentation, services, 1. Except as may be otherwise specifically stated in the materials,or equipment that may reasonably be inferred from the Contract Documents, the provisions of the Contract Contract Documents or from prevailing custom or trade usage as Documents shall take precedence in resolving any conflict, being required to produce the intended result shall be provided error,ambiguity, or discrepancy between the provisions of whether or not specifically called for at no additional cost to the Contract Documents and: OWNER. a. the provisions of any standard, specification, C. Clarifications and interpretations of the Contract manual,code,or instruction(whether or not specifically Documents shall be issued by ENGINEER as provided in incorporated by reference in the Contract Documents); Article 9. provided however, that any conflict between the provisions of the Contract Documents and any Laws or 3.02 Reference Standards Regulations applicable to the performance of the Work shall be resolved in favor of the Laws or Regulations. A. Standards, Specifications, Codes, Laws, and Regulations 3.04 Amending and Supplementing Contract Documents I 1. Reference to standards,specifications,manuals,or A. The Contract Documents may be amended to provide for codes of any technical society,organization,or association, additions,deletions,-and revisions in the Work or to modify the or to Laws or Regulations, whether such reference be terms and conditions thereof in one or more of the following specific or by implication, shall mean the standard, ways:(i)a Written Amendment;(ii)a Change Order;or(iii)a specification,manual,code,or Laws or Regulations in effect Work Change Directive. . at the time of opening of Bids,except as may be otherwise specifically stated in the Contract Documents. B. The requirements of the Contract Documents may be supplemented,and minor variations and deviations in the Work 2. No provision of any such standard, specification, may be authorized,by one or more of the following ways:(i)a manual or code, or any instruction of a Supplier shall be Field Order;(ii)ENGINEER's approval of a Shop Drawing or effective to change the duties or responsibilities ofOWNER, Sample; or (iii) ENGINEER's written interpretation or CONTRACTOR, or ENGINEER, or any of their clarification. subcontractors,consultants,agents,or employees from those set forth in the Contract Documents, nor shall any such 3.05 Reuse of Documents provision or instruction be effective to assign to OWNER, A. CONTRACTOR and any Subcontractor or Supplier or ENGINEER,or any of ENGINEER's Consultants,agents,or other individual or entity performing or furnishing any of the employees any duty or authority to supervise or direct the Work: (i) shall not have or acquire any title to or ownership performance of the Work or any duty or authority to rights in any of the Drawings,Specifications,or other documents undertake responsibility inconsistent with the provisions of (or copies of any thereof) prepared by or bearing the seal of the Contract Documents. ENGINEER or ENGINEER's Consultant,including electronic media editions; and(ii) shall not reuse any of such Drawings, 3.03 Reporting and Resolving Discrepancies Specifications,other documents,or copies thereof on extensions of the Project or any other project without written consent of A. Reporting Discrepancies OWNER and ENGINEER and specific written ratification by 00-700-10 ENGINEER. This prohibition shall survive final payment, 2. other data, interpretations, opinions, and completion, and acceptance of the Work, or termination or information contained in such reports or shown or indicated completion of the Contract. Nothing herein shall preclude in such drawings;or CONTRACTOR from retaining copies of the Contract Documents for record purposes. 3. any CONTRACTOR interpretation ofor conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface 4.01 Availability of Lands or physical condition at or contiguous to the Site that is uncovered or revealed either: A. OWNER shall furnish reasonable access to the Site. OWNER shall notify CONTRACTOR of any encumbrances or 1. is of such a nature as to establish that any"technical restrictions not of general application but specifically related to data" on which CONTRACTOR is entitled to rely as use of the Site with which CONTRACTOR must comply in provided in paragraph 4.02 is materially inaccurate;or performing the Work. OWNER shall obtain in a timely manner and pay for easements for permanent structures or permanent 2. is of such a nature as to require a change in the changes in existing facilities. Contract Documents;or B. CONTRACTOR shall provide for all additional lands 3. differs materially from that shown or indicated in the and access thereto that may be required for temporary Contract Documents;or construction facilities or storage of materials and equipment. 4. is of an unusual nature,and differs materially from 4.02 Subsurface and Physical Conditions conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the A. Reports and Drawings: The Supplementary Conditions Contract Documents; identify: then CONTRACTOR shall, promptly after becoming aware 1. those reports of explorations and tests of subsurface thereof and before further disturbing the subsurface or physical conditions at or contiguous to the Site that ENGINEER has conditions or performing any Work in connection therewith used in preparing the Contract Documents;and (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such 2. those drawings of physical conditions in or relating condition. CONTRACTOR shall not further disturb such to existing surface or subsurface structures at or contiguous condition or perform any Work in connection therewith(except to the Site(except Underground Facilities)that ENGINEER as aforesaid)until receipt of written order to do so. has used in preparing the Contract Documents. B. ENGINEER's Review: After receipt of written notice as B. Limited Reliance by CONTRACTOR on Technical Data required by paragraph 4.03.A, ENGINEER shall promptly Authorized: CONTRACTOR may rely upon the general review the pertinent condition, determine the necessity of accuracy of the"technical data"contained in such reports and OWNER's obtaining additional exploration or tests with respect drawings, but such reports and drawings are not Contract thereto, and advise OWNER in writing (with a copy to Documents. Such "technical data" is identified in the CONTRACTOR)of ENGINEER's findings and conclusions. Supplementary Conditions. Except for such reliance on such "technical data,"CONTRACTOR may not rely upon or make C. Possible Price and Times Adjustments any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. The Contract Price or the Contract Times,or both, shall be equitably adjusted,in the form of a Change Order,to 1. the completeness of such reports and drawings for the extent that the existence of such differing subsurface or CONTRACTOR's purposes, including,but not limited to, physical condition causes an increase or decrease in any aspects of the means, methods,techniques,sequences, CONTRACTOR's cost of,or time required for,performance and procedures of construction to be employed by of the Work;subject,however,to the following: CONTRACTOR, and safety precautions and programs incident thereto;or a. such condition must meet any one or more of the categories described in paragraph 4.03.A;and 00-700-11 2. the cost of all of the following shall be included in b. with respect to Work that is paid for on a Unit the Contract Price, and CONTRACTOR shall have full Price Basis, any adjustment in Contract Price shall be responsibility for: subject to the provisions of paragraphs 9.08 and 11.03. a. reviewing and checking all such information 2. CONTRACTOR shall not be entitled to any and data, adjustment in the Contract Price or Contract Times if: b. locating all Underground Facilities shown or a. CONTRACTOR knew of the existence of such indicated in the Contract Documents, conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price c. coordination of the Work with the owners of and Contract Times by the submission of a Bid or such Underground Facilities,including OWNER,during becoming bound under a negotiated contract;or construction,and b. the existence of such condition could d. the safety and protection of all such reasonably have been discovered or revealed as a result Underground Facilities and repairing any damage of any examination, investigation, exploration,test,or thereto resulting from the Work. study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be B. Not Shown or Indicated conducted by or for CONTRACTOR prior to 1. If an Underground Facility is uncovered or revealed CONTRACTOR's making such final commitment;or at or contiguous to the Site which was not shown or indicated, or not shown or indicated with c. CONTRACTOR failed to give the written reasonable accuracy in the Contract Documents, notice promptly and as required by paragraph 4.03.A. CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing d. CONTRACTOR represents he has made a conditions affected thereby or performing any Work reasonable inspection of the construction site and hereby in connection therewith(except in an emergency as voluntarily waives the incorporation of the provisions of required by paragraph 6.16.A),identify the owner 30 ILCS 557/1 et seq.and represents that the negotiated of such Underground Facility and give written contract price is the sole consideration for the notice to that owner and to OWNER and construction of the improvement described! in this ENGINEER. ENGINEER shall promptly review contract. Further, OWNER shall not be liable to the Underground Facility and determine the extent, CONTRACTOR for any amount of money over the if any,to which a change is required in the Contract negotiated contract price. Documents to reflect and document the 3. OWNER, ENGINEER, and ENGINEER's consequences of the existence or location of the Consultants shall not be liable to CONTRACTOR for any Underground Facility. During such time, claims,costs,losses,or damages(including but not limited to CONTRACTOR shall be responsible for the safety all fees and charges of engineers,architects,attorneys,and and protection of such Underground Facility. other professionals and all court or arbitration or other dispute resolution costs)sustained by CONTRACTOR on or 2. If ENGINEER concludes that a change in the in connection with any other project or anticipated project. Contract Documents is required, a Work Change Directive or a Change Order may be issued at 4.04 Underground Facilities OWNER'S discretion to reflect and document such consequences. A. Shown or Indicated:Any information and data shown or indicated in the Contract Documents with respect to existing C. The provisions of paragraphs 4.02,4.03,and 4.04 shall not Underground Facilities at or contiguous to the Site is based on apply to a Hazardous Environmental Condition uncovered or information and data furnished to OWNER or ENGINEER by revealed at the Site. the owners of such Underground Facilities,including OWNER, or by others. Unless it is otherwise expressly provided in the 4.05 Reference Points Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible A. OWNER shall provide land surveys necessary to for the accuracy or completeness of any such information or establish right of way, easements and property lines. data and ENGINEER shall provide base lines,benchmarks and reference points which in ENGINEER'S judgment are necessaryto enable CONTRACTOR to proceed with the Work. CONTRACTOR 00-700-12 shall provide all stakes,markers,labor and assistance required D. If CONTRACTOR encounters a Hazardous by ENGINEER. CONTRACTOR shall be responsible for Environmental Condition or if CONTRACTOR or anyone for laying out the Work,shall protect and preserve the established whom the CONTRACTOR is responsible creates a Hazardous reference points and property monuments, and shall make no Environmental Condition,CONTRACTOR shall immediately: changes or relocations without the prior written approval of (i)secure or otherwise isolate such condition;(ii)stop all Work OWNER. CONTRACTOR shall report to ENGINEER in connection with such condition and in any area affected whenever any reference point or property monument is lost or thereby(except in an emergency as required by paragraph 6.16); destroyed or requires relocation because of necessary changes in and (iii) notify OWNER and ENGINEER (and promptly grades or locations, and shall be responsible and pay for the thereafter confirm such notice in writing(and promptly thereafter accurate replacement or relocation of such reference points or confirm such notice in writing). OWNER shall promptly consult property monuments by professionally qualified personnel. with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective 4.06 Hazardous Environmental Condition at Site action if any. A. Reports and Drawings: Reference is made to the E. CONTRACTOR shall not be required to resume Work Supplementary Conditions for the identification of those reports in connection with such condition or in any affected area until and drawings relating to a Hazardous Environmental Condition after OWNER has obtained any required permits related thereto identified at the Site, if any, that have been utilized by the and delivered to CONTRACTOR written notice:(i)specifying ENGINEER in the preparation of the Contract Documents. that such condition and any affected area is or has been rendered safe for the resumption of Work; or(ii)specifying any special B. Limited Reliance by CONTRACTOR on Technical Data conditions under which such Work may be resumed safely. Authorized: CONTRACTOR may rely upon the general accuracy of the"technical data"contained in such reports and F. If after receipt of such written notice CONTRACTOR drawings, but such reports and drawings are not Contract does not agree to resume such Work or does not agree to resume Documents. Such "technical data" is identified in the such Work under such special conditions, then OWNER may Supplementary Conditions. Except for such reliance on such order the portion of the Work that is in the area affected by such "technical data,"CONTRACTOR may not rely upon or make condition to be deleted from the Work. OWNER shall be any Claim against OWNER, ENGINEER or any of entitled to deduct the cost of such Work from the Contract Price. ENGINEER's Consultants with respect to: G. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, 1. the completeness of such reports and drawings for ENGINEER, ENGINEER's Consultants, and the officers, CONTRACTOR's purposes, including,but not limited to, directors, partners, employees, agents, other consultants, and any aspects of the means, methods, techniques, sequences subcontractors of each and any of them from and against all and procedures of construction to be employed by claims,costs,losses,and damages(including but not limited to CONTRACTOR and safety precautions and programs all fees and charges of engineers,architects,attorneys,and other incident thereto;or professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous 2. other data,interpretations,opinions and information Environmental Condition created by CONTRACTOR or by contained in such reports or shown or indicated in such anyone for whom CONTRACTOR is responsible. Nothing in drawings;or this paragraph shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that 3. any CONTRACTOR interpretation of or conclusion individual's or entity's own negligence. drawn from any "technical data" or any such other data, interpretations,opinions or information. ARTICLE 5-BONDS AND INSURANCE C. CONTRACTOR shall not be responsible for any • Hazardous Environmental Condition uncovered or revealed at 5.01 Performance,Payment, and Other Bonds the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be A. CONTRACTOR shall furnish performance and payment within the scope of the Work. CONTRACTOR shall be Bonds,each in an amount at least equal to the Contract Price as responsible for a Hazardous Environmental Condition created security for the faithful performance and payment of all with any materials brought to the Site by CONTRACTOR, CONTRACTOR's obligations under the Contract Documents. Subcontractors, Suppliers, or anyone else for whom These Bonds shall remain in effect at least until one year after the CONTRACTOR is responsible. date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. 00-700-13