The URL can be used to link to this page

Home My WebLink About20-1202 F.H. Paschen010 - l as December 2 2020 Agenda Bid Item: -#2 — National Cooperative Purchasing Alliance — Fleet Services Vehicle Exhaust Removal and Ventilation System Upgrade ($145,884) JOB ORDER CONTRACT AGREEMENT THIS AGREEMEI�T is dated this e day of A)ec=ber -, 2020,ty and -betwem the, city Of Elgin, an filifi0is Municipal Corporation (herein called "City)'ind F.H. Pasch=, S.Ti. NiLilset A Associates, LLC, an Illinois limited liability company (herein called "Conftwtoro), 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 HVAC, elebttical and >fthted improvements at the Citys Public Works Fled Service Facilit3r, and WHEREAS, Contractor submitted a proposal for a job order contract for such work dated October 26, 2020, consisting of five (5) pages. entitled "Elgin Fleet Exhaust Upgrade", aWhed hezvto as Attachment A ("Contractor's Job Order Contract Proposal"); and" WHEREAS, the City Council has deterfnined that it to be id the best interests of the City to award the contract to the Contractor for the Fled Services Exhaust System Upgrade Project (hereinafter referred to -as -I#e "Work"). 1, NOW, THEREFORE, in consideratiM of the mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the parties hereto her0by agree as follows: Article i. -Work. Cofit*actor shall complete the Work as speciged in the Contract D&qments. The Work is generally described as follows: This project will generally be comprised of improvements related to fleet services vehicle exhaust removal and ventilation system upgrade, including but not limited to, HVAC and related electrical improvements to.the Elgini Public World fleet serVico facility. The scope of work is summarized M Contractor's Job Order Contract Proposal attached hereto, Article 2. City Representative. There is no Eilgifiet& fbr the Work. The City's Public Works Superintendent *11 act' as Citys 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 OW Damages. 3.1. Work Completion. The Work shall be completed as provided in the Contract Docurzichts. Substantial completion shall be within 70 calendar days of written Notice to Proceed. Final Completion shall. be within 75 calendar days of written Notice to Proceed. In the event of ap _y conflict between .these dates and dates s 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 daybeyondthe time speckfaed for Substanti4l Completion in the Contmct Documents. After Substantial C0010106011, if Contractor shall neglect, refuse, or fail to complete the ftMming Work within the times specified in the C . optrad .Documents (hereinafter referred to As "Contra d Times") or any: proper extension d#y beyond the time for Final thereof granted by City, Contractor shall --..Pay City $300,00 Ibr each Compleftom Contractor agreps and acknowledges that such liquidated damages constitute a reasonable estimate of Co ity's aMW damages. Such liquidated dama ges shall constitute CiWs sole recourse for and shall constitute fall satisfaction of Cit5es actual damages resulting froih Contractor's delay. Contractor Ruther acknowledges and agrees that in the event any provisions in any of the Coijbta Documents conflict with the provisions of this paragraph or othehnse provide for damages resulting from Contractoes delay, the provisions of this paragraph shall control, and such conflicting provisions -and any Contract Documents sliall not constitute, and shall not be construed as, a basis by which to render the provisions of this pathoaph unebforceable. Delays and Damages. ja the event an completion 33. Contractor is delayed in the prosecution d pl on 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 $145,884.08 as indicated in the Contractor's Job Order Contract Proposal for completion of the work in accordance with the Contact Documents. Article S. Payments. 5.1. payments. City shall make payments 00 thp hams of Contractor's Applications for Payment as recommended by Engineer, in conformance with the City of Elgin!s accounts payable sdhedule. An payments shall be based on the pfogm"'I s of the Work meagi*o 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 Rill waivers of lion and/or certifications verifying the, receipt of plyInctit for all work performed by all subcontractors up to the date of Contractors application for partial or final payment in City's sole discretion. City shall further be entitled to make such payments diltody 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 ainount of such payments shall be deducted from the total amount due to Coftiractor pursuant to this Agreement; and Contractor shall provide a written release to City in the amount of any such payments upon ton (10) days written demaAd. Con=ent 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 MSY withhold, fi-ofti all paymentp pfior to Substafitial Completion, an amount equal to lip to ten percent (10%) of work completed, at CitYs sole discretion. SU,I)SUPtial COMPletion, City may release a portion of the retainage to Contractor, retaining at all times an ainOUftt sufficient to cover the cost of the Work remaining to be sole discretion. The time for payment of any retainage from City tContractor compliked, at Citys tractor shall be at City's sole disciifion. Such payment shall not be unreasonably withheld 3.3. MW Payment. The City shall not be required to make final payment prior to completion and acceptance of the work by the City. Article 6. Contriket Doculnents. There are no COAtrad Documents other than those IWO below. The Contract Documents which comj#ise the entire 9gredindnt between City and Contractor concerning the Work consist of the following: a. This Agrmment. b. Contractors Job Order Contract Proposal, attached hereto as. Attachment A. c. 06nekal Condition, based upon FJCDC No. 1910-8 (1996 Edition) as modified by the City of Elgin, Illinois, attached hereto As Attachment B. d. Supplementary Conditions Regarding Insurgoce, attached hereto as Attachmeht C. e. hfilestone Schedule, attached hereto as Attachment D. f City Forms attached hereto as Attachment E. 9. Certificates of Insurance. h. Bonds i. Notic6 to Proceed. j. The term of a Joint Purchasing Agreement through National Cooperative Purchasing Alliance, ufider Contract No. 04-14, inoorpoiated h :by reference. in the event of any conflict between the tam of the Johit Purchasing Agreement through National e- Purchasing Allia0ce, and the Other Contract Documents and this Agreement, the other Contract Docuffients and this ASfeement shall supersede and control. k. Any subsequent Written Aiheodments to any documents listed above and other documents amending, modifying or supplementing the Contract Documents, which may be delivered or iisued after the Effective Dat6 of the Agreement and ire not attached hereto. This Agreement and the Contract Documents listed above, comprise the role 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. Afticle 7. Prevaift Wage, This Agreement cans for the construction, of a "public work" within the meaning of the IllinoisPrevailing Wage Act, 820 ILLS 13001, etseq., as amended. Thd Provail'itig Wage Act re -quires 3 contractors and subcontractors to pay laborers, workers, and MecWc8 performing services On public works projects no Jos. than -the eorrat "prevailing ra* of wages" (houirly, cash wages plus amount for fringe benefits) ita OW coun ty where the work is performed. The Illihois. Department of ,I r Abor publishes the prevailing wage raw on its Website atattdWlabbriillinoi Thib Illinois Department of Labor revises the prevailing wage rates and "t--h,e,con-ha-c-Wi"subcontmcW has an dbligatidn to cheelethe iinois Department oftaboes web6ite for revWohs to prevailing *age kates. For information regarding mm-ed prevailing wage ratr,$, p1cpse refer to the Ulinois Department of Labor's w6bs#p. All contractois and sgbodnft#ctois hn&ring services wader this Agrewqd must comply with all requireme&s of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. ArticleS. Affirmative Action. The.Contract& willnotdiscriminate against any employee or applicant for employment because of moo, col9r, religion, sex., national origin, age, aqmtry, order of protection status, familial status, martial .status, physioid or mental disability, military -stains, sexual orientation, or unfavorable discharge from military service which would not interfere with the of cient, ormance f thejob . 11 . �. Wd 0 . in question.Contractor SWI take affirmative, action to comply with *e provisions of Elgin SM Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City it wtitten commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitmeirt, screening, referral and selection ofjob applicafits and prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is h6reby 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 of any rights lknder, obligations or interests in the Contract Documents shall be binding on - another party hereto without the written qonsentof the party sought to be bov4d; and specifically but without limitation moneys that may bdoorne due and moneys: that 80 due May not be assigned without such consent (except to the extent W the effect of this restrictim may be limited.by law); and unless spedfically stated to the cotittary.mi- any written consent to an assignment, no assigmnent 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, itsOdop;s, successors, employees, assigns, and agents in -respect of all covenants, agwoments,'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 commullication to Contractor sU.WI be mailed or delivered. The address of City is hereby designated as the place to whith all notices, letters, and other communication to the City shall be mailed or delivered. Such mofim, letters and other o6minunications shall be directed to the Ciys General services Manager. Eithei party may Change its address at any time by an.instrument in writing delivered to Engineer and to the otlier party. e. The terms and provido4s of this Agreement shall be saveable. In the, event any of the terms or provisions of this Agrbeni&it shall be .deemed to be. void or otherwise unenforceable for any reason, the remainder of this Agreement SUH -remain in fX'U force and effect. E This Agreement shall be subject to and governed by the laws of the State of Illinois. VdfiUe for the resolution of any disputes and the 6foredment of any rights . arising out of or in connection with the Agreement shall be in the Circuit Court of Kane County, Illinois. 9. Tkis Agreement shall not be construed so as to create a partnership, joint venture, employment or agency relationship between the parties haeto except as may be specifically provided for herein. h. In the event Of any Conflict between any of the terms or provisions of this Agreemew and any other Contract Documents, the terms and provisions of this AgreeTqcnt shall control. i. IndemWfication. To the fullest extentperm agrees and shall ;1; "pitted by law, Contiactor to a indemnify, defend and hold harmless the City, the Engineer, EngineWszonsWtatits and the officers, employees, boards and commissions of each and any of them from and against any and all Claims, suits, judgd'Cnts, cost, attorneys' fees, damages or any and all other relief or liability arising out of or resultiog from or through, or alleged to arise out o� any acts of negligent acts or omissions of ,Cwtractor or Contractd?s officeis, employees, agents or subcontractors in the performance oft hi,s Agreement; or arising out of or in connection with litigatioiq based on any mechanic's lien or other claims, suits, judgments afid/or dftimds for damagds by subcontiactors. In the event of atly action k1gainst the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to iddemfiify.; defdnd and hold hariWess, such acfiqq sh#ll be def6aded by legal counsel of CiWs choosing.. In the event and to the extent that any legal work is perfohned 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 rat e for such in-houso, attorneys! fees. The Provisions of this paragraph shall sqrvive 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 erf S CicO 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, work -place safety and I .. legal status of 5 employees. Contractor shall also at its expense secure all permits and licenses, pay all chai'gm and fees and :give all notices necessary aad incident to the due and lawful prosecutiotr of the work, and/or the products and/or s&vices 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 0 the City. Contractor shall pay any and all costs associated with any such audit. Without limiting the foregoing, Contractor hereby certifies, represents and warrants to the City that all Contractor's employees and/or agents who will be providing products and/ot 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 565/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. 1. 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. In. Registration. Contractor hereby warrants and represents that it is registered with the Illinois Secrewy 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 and 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 avail shall be treated ip all i° ianriers and respects as an original document. The signature of any patty on a copy of this Agreement transmitted by fax machine or e-mail slall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or 6-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 a -mail copy of this Agrement shall be re -executed by the parties in an original form. No party to this Agreement shall'i'aise the use of fax machine or e-mail as a defense to this Agreement and shall forever waive such de&-nse. 6 IN WITNESS WHEREOF) City and Contractor have signed this Agreement. This Agreement shall be effictive on —/.2 /�s. .2020. OF CONTRACTOR: Address for givifig notices: Title: City Manager Address for giving fiotices: F.H. Paschen, S.N. Nielsen & Associates, LLC City of Elgin 5515 N. East .River Road 150 Dexter Court Ckcago ,.. . , Illinois 60656 Elgin, Illinois 60120 Attn:,Prcdect Manager Attn: Richard Hoke FEIN # 951 g q .3 7 IL I 9 A t 90 ON i q3 0 n p -4 A. cm 0 Fh of 40 ps 0 Jul in 6i 46 jul rf j:j a ism co I SL Ch i � F 9 a a[ IS 8 UP '3p pr 12L. =0 CFC2 US s � P In Fr Fr oft: N 0 CA) CT U1 I 9 P71 c 01 OR cn M M z z ATTACHMENT B FM STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TheWGmcral Conditions are based upon the EJCDC No. 1910-8 (1996 Edition) and haW been modified bythe CftyofEgin Illinois. 00-700-1 Copyright Q1996 National Society OfProfessicaal F,.ROWers 1420 king Street, Alexandria, VA 22314 A.mmcan Consulting Engineers CowW 1015 15th Street N.W., Washington, DC 20005 Ainecim SOGWY 9f CiV4 Engines 345 Bast 47th Street, New York, NY 10017 00-700-2 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................... 6 1.01 DeliiiedTc�r3rts............ .......... _...... .............................................................................................................._..... 1.02 Te►minokV................ _....._...:c..,........................................................................................................................ ...... ....8 ARTICLE 2 - PRELI"ARY-MATTBRS..........«............... ................... ............. _..................................... ».....,.......... 9 2.01 Delivery of Boni ft............................................................................................................................................................................... 9 2.02 Copies ofDacuments.......................................................................................».......................... 2.03 Comnter►cem of o Co si�ract times; Notice to Proceed...............................................................................................g 2.04 Starting the N'ork...........»........................... 2.03 Before StcirlYrig CanslrntcHon.................................. .................................. 4 .................................................................... ............................................ .............. .9 2.06 Prieco#strucdo�n Cornfi�t do.......................................................................................................................................... 9 2.07 InUkl Acceptance of SChedu7gs..................................................................................... ld ARTICLE 3 - CONTRACT DOCUA+I MS: WENT, AMENDING, REUSE..........................................I......I............. W......., 3.01 Intent.....- ............................................»........._........ ..,.,.....,.......................10 3.02 ReferenceSgandards.............................................................................................................................................10 3.03 Repongari,�114esa1viiegDisciiaRces.......................................................................................................................10 3.04 Amendlr�gmr[l_:SuppleMentingConftoDocuments...............................................................................••••...............10 3.05 ReuseofDop meas..................................................................................................:....................................10 ............................................. ARTICLE 4 - AVAILABUM OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ......11 4.01 A►mUabilty ofiau4;...,»........................................................................................... 4.02 S.ktbsuffaee andPJrysical CoridttJons................................................................. .......................:..... ................................11 4.03 Doering u�`u.. bsurfaae or Ahysical Contlttiaru............ : .......................................... . .... ...... ......... 4.04 Underground Facilities ......... «...........................»........... ......... ............... ..................... ..............................11 12 4.05 R,efet�cePDints............. .........................................................................»..........................................................12 4.06 HazardousAWvironmental Con4#ortat Site................................................................. ........................... ARTICLE 5 - BONDS ANP WSURANCE................................................................................................................................................................13 5.01 Performance, Payment, and Other-Bonds...............................................................................»..................................13 5.02 Licensed Su►wdw amllnsur ers................. ..... .. .......................................................................................14 iO3 Cerw t. oflnsurnnce.................................»........................................................ 5.04 CONTRACTOR'SM9bilRyinsurance.................................................................................................................14 .14 5.05 Coniractofe Property Insurance.......................................................................................................... 5,06 Waiver.. of fthts.................................................................................................................................................I5 5.07 Acceptance of Bonds andlnsurance•OptiontoReplace................................................. » _ ...............Is 5.08 Partial Utilization; Acknowled»rent ofProperdj+lnsurer............................................................•••................,,........16 ARTICLE 6 - CONTRACTORS R.83PONSIBIpEs............»........................................................ ............... 16 6.0I Supervision and Superintendence.................................................................................................................I6 6.02 Ldbor• Mork king Hours .... ............. ...... _........................ ........................................................................ ............6 6.03 Services. Materials, andEguipment.........................................................................................................................................16 6.04 Prograw Schedule...................................................................................................................................................16 6.05 Stibsilhaa and Or-Equah.............. _... ......................................................... »..................................... ......................... 17 :6.06 Concerning Subcontractors, Suppliers, and Others...................................................................... :... ......:................ 18 6.07 patent Fees and Royaldes............................................................................................................................................. . tsI. 18 6.08 Perm .......I ................ ............ Law 6.09 Laand Regulatlons....................................................�.................................................................................................19 6.10 Tam.................................................................................................................................... .........,.......19 6.11 Use of Site and OtherAreas............................................................................................... ...................................................... .19 6.12 Record Documents.......»...............................................................................................................................................20 6.13 Safety and Protection.................................................................................................. .............................................. 20 6.14 5.q0 y Representadw...................................................................................................... ............................................ 20 6.15 Hazard Communication Programs..............................................................................................................................20 00-700 3 6.16 Emeagenctes... ...................................... _...................... ................... .................... ..................................... ...... .......... .20 6.17 Shop Drawings and Samples.........................................................................................................................................20 6.18 Conttmring the Work ... .......................... ...................................... ................................................... ,........... I ................. ?.Z 6.19 CONTRACTORS General Warranty and Guarartee.................. .....-...... ................. ......... ...................... ..........._......22 6.20 Indernn&atfon..............................................................................................................................................................22 ARTICI.k 7 - OTHER WORK ........................................... ...... ..................................................... ».............. ........ _........................ 23 7.01 Related Work at Site..................................................................................................................................................... 23 7.02 Coorsiination .............................................................................................................................................»....--.23 ARTICLE8 - OWNERS RESPONSIBILITIES................................................... ............................................................... ..... _...... 23 8.01 Communlcations•to Contractor .. ........................................................................................................................23 ARTICLE 9 - ENO STATUS DURING CONSTRUCITON...„..................................................................6....................24 9.01 OWNERS Representadw........................................ ..... .............................. ....... .................................. ......... ........... ,..24 9.02 Vdsits to Site......................................................................... ..........................................................-......................14 9.03 Projectkwresen#*%w...................................... ................ »..................... ..... ..... ....... ............................ ... ... .................. 24 9.04 Clarpea" and 1nterpremuions............................................................................................................................. 4S 9.05 Ayharized Variahons'in Work.....................................................................................................................................25 9.06 Rejecang Defec" Work ............ .......... .......... .............................. ........... »......................................... .,........................ 25 9.07 Determinadonsfor UnitPrlce Work..........................................................................................................................25 9.08 Decisions on Requirements of Contract Documents and AcceptabWop of Work .... _.................................................25 9.09 Limitations on ENGINFERs Authority and Responsihitiiies................................... ....................... ............................. 25 ARTICLE 10 - CHANGES IN THE WORK; CLAINIS................................ ................................................................................... 26 10.01 Authorized Changes in the Work.........................................................................................................1.................... 26 10.02 Unauthorized Changes in the Work ...... .............. ....................................... ........... ................ ............. ........... -....26 10.03 Exwudon of Change Orders.................................................................................................................................26 10.04 Not}ication to Surety ....................................... ._...................................................................................................... 26 10.05 Claims and Disputes................................................................................................................................................26 ARTICLE I I - COST OF THE WORK; CASH ALLOWANCES; UNTI PRICE WORK ......... ....._............................................. 27 11.01 Cost of the Work...........................................................................................»....................._....................................27 11.02 Cash Rllowances....................................................................................................................................................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 COIVTRACTORs Control................................................................................................................30 12.04 Delays Within CONTRACT ORb Control .......................... .... ..................................................... ............. ....... .... ...... 30 12.05 Delays Beyond OWNERs and CONTRACTORS Control............................................................. .:................... .......30 12.06 DelayDamages .................. .........................................................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 TesisandIAVecdoiis..... _.........................................................................................................................................31 13.04 Uneawering Work......................................................................................................................................................31 13.05 OWNER May Stop the Wotk................................. .................................. _................................... ............................. 31 13.06 Cerrecdaii or Removal of Defective Work............................................................................................................... 31 13.07 Coirecdon Perlod .............................................._.._............................................................................................31 13.08 Acceptance ofDefective Work 13.09 OWNER May Correct Defective Work ........ ......................... »......... ... ................................... ................ I .................. 32 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPI.ETION............................................................. ....................... 33 14.01 Schedule of Values....................................................................................................................................................33 14.02 Progress PaYM64s...................................................................................................................................................33 14.03 CONTRACTORS Warrar V of Title........................................................................................................................34 14.04 Substantial Coinpletioii.........................................................................»......................................I........................34 14.05 Partial Utilization......................................................................................................................................................35 00-700-4 14.06 F7trq...Inspocllon.................................................................................. .... ...... . 35 14.07 Ft sal Paymew.................................................................................................................»......... 14.08 °With& of GfAims..............................»..».........».................. ».......................................................35 ARTICLE •15 - TERMINATION................. ............ .....................,,...............................................................................36 15.01 0WNER May Terminate for Cause................»»...................».....»......•.:.:.:...............»..........,........... ............3G I5.02 OiI'hIERMayTerminateFor Convfeirience ....................... »»..........•......•.••...............••••........................ ARTICLE 16 - DISPUTE RESOLUTION ... ........................»....... ......................»...........................................................37 16.01 Methods and Prw duv&........................9..............».....................................................................,.................,.... 3I ARTICLE 17 -MISCELLANEOUS .................... .».............,..................................»....................»..............................37 17.01 Gflang Na,*e.................................................................................................................................»..........................37 17.02 Comp melon of aTim&... »................. ....».................................................................................................................. 17.03 Cumulative Remedies............................»........................................................................................................37 17.04 SurWvaiofOblJgatTorrs...». ............. ....»................................................................................37 17.05 Con.."NngL&W................................................................................»................». »....... .................... ................ 37 17.06 Professional Fees and Court Costs AW&d64.................................... 17.07 P............. .... •• .•. » ....37 revailing Wage;4tes.........................................................................................»....»...................................... 00-700-5 GENERAL CONDMONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Dejbw Tolks A. Wherever used in the Contract Douit" and printed the tam listedbelow shallbave with We' or all capital letters, the meanings indicated which a re applicable to both the singular and plural dawE 1. Addiwda-Writtm or graphic iostruamnW issued prior toihoopoungofBidswlicholanjkQ=oL%orchanp the Bidding Raphwwnts or the Contact Documents. 2. Agreement --The written instrument which is evidence of the agreement 'b&wee�' OWNER and CONTRACTOR covering the W6.rk, 3. App.4caqonforPayMfwt-Thefom,accepableto ENGENEERwhich istobou - sedbyC0NTRAdTORdxNin8 the course of do Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is mpred by the Contract Documents. 4. Asbestos-AnYMAWAal that contains mMdM0= percent asbestos and is friable or is releasing asbestos fibers into the air above c*rent action levels established by the United States Occupational Safety and Health Administration S. Bid--Theafferarproposal ofabidder submittedon the pres6ibed form sitting forth the iVim for the Work to be perfome& 6. Bidding Docww&-The Bidding ROquirdV300Js and flu proposed Contract Documents (including all Aildeida issued prior to receipt of Bids). 7. Biddigg A"ub=entv---T1w AdWrtisement of Invitation to Bid, lusttuctions,to, Bidderk Bid secw* form, if any. and the Bid form with any 84PPIOMMAS. S. Bonds-Fertnuance, end payment bonds and other. kL-itrumcimts Of security. 9. change Order --a chafige in a contract term other #,=as specificallyprovidedin the-cqntract whichap4mmes or necessitates any increase or demveste in the cost of the coniiact or the time of completion by Oft (30) days or more. 10. Clahn-A demand or: assertionby OWNER or CONTRACTOR seeking an4ustinentofCantrad-Prkccat Conyact Tinw, or both, or other relief with respect to the term ofthe Contract. Ademaindfor money orservices bya third party is net a Claim 11. Conemg-,the entire and integrated written agreement between the OWNER and CONTRACTOR concerning the, Work The Contact supersedes prior 31CSIQW668, retmentations, or agrees rents; whedw written or oral. 12. Contract Documen.ts-The Contract Documents establish the rights and ob ions oitc.. p" eg 9.a.d incIp,& the Agreen=.�, Addenda (which pertain to the Cmtrad Dw.nn=t4 CONTRACTOR's Bid (Including dommmtstion accompanying the Bid :and any post Bid documentation submitted, prior to the Notice ofAwxdj, the Notice to PrmwA the Bonds, Caffmtes of BSMM&, dxSe Gen" Conditims, the Supplementary Conditions,. the Specifi6ficins and the Drawings as the same are more specifically identified. in the he Aimmad, together with all Wdach Anaciften% Change Ordeti Work Change Directives, Field Orders, and ENGINEER's written interpretations, and clarifications issued on or aft the Effective Deli ofthe Agreement Approved Shop Dftwi0gs and the reports and drawings of subsurface and physical condition$ are not Coi*actDopaments. Onlypnntedorhard copies of the item listed in, this pamgmph are Contrail Documents. Files in cledmM ' media ftmat Of text, data, grVhic :and the tricethat "Y be i6nishcd by OWNER to CONTRACTOR are iot Cmtract Dom ments. 00-700-6 13. Cobtract Pride -The inoncA Payable by OWNER to CONTRACTOR fit completion of the Work in accordance *iffi the CMftd DOOM" as stated in the Agreement (subject to die provisions of paragraph I 1' .03 in the can of Unit Price Work). 14. Conmict mat. -The number of days or the dates stated in the Agreement to: (i):'achieve Substafitial Completion; and(ij) completedwWorkso, thait isio*for final paympat m evidenced by ENGINEERs vaitteri reco6mendition of linal payment 15. CONTRACMR-Tke individual or entity with whom OWNER* enteredinto the Agreft0d. 16. Cost of the Wor"ce paragraph 1I.01.A for definition. ' 17. DraMngs or Plans --That part Of .the Contract Documents prepared or. app roved by ENGINEER which graphically shows the scope, extwand character of the Work tobeper&rmadbyC0NTRACToj;L ShcpDrMMV and other CONTRAMOR submittals are not Dfawinp as so &M4 IS- Affe-Vve - Dole of the Agremeet The date indicated in " AV"ent on which it beomes effWdv,, but, if no such dati is indicated, it n== Om date an Which thb Agromm'is 4;n8d and delivwed by the last of the two p2rde.9 tD:Sip Md "V&. 19. MMMER—TILe individu.id -or Oft named as such in the Agreement 20. ENGRVEER's Comullant—An individual or entity having a emMact with ENGINEER to fimihh services: as EINUNEER's independent profossional associate or consultant with,, respect to.tte Projed and vjh0 is i!� as such in the Supplementary Conditions. 21. FYeldorder—A*TittenorderimWbyENGNEEp, Which requires minor changes in the Wit but which does not involve g change in the owtrm Prig or the Cawra.qt Times... 22. General Amakmarts—Sections of Division I of the Sp&ifications. The Genek9l Requirements peftido to an sections of the Spe"cadofia. 23.,Hwdow Lrjy"nmwi(al Condition --The Presence at Ow Site of Asbestos, PCBs, Petr6leum, Hazardous Waft or Radioactive Material in such quai=w or okcumstanotis' that may pres'eM a substantial dangd to Pftcihe or owdly Ckpow ffidwo in 0=06tion with the Wank. 24. Hapw*us-.Wasle.—ThatermEhzm-damWoteamn have the meaning provided in Section i-004 ckf the -Solid Waft Di9posel Act (42 USC Seclion 6903) as aihended from 60010 time. 25. Laws and-RerdW fions. -LaMorRW*#ow—Any , and all applizabla laws, rgies, regulations, ordi4snom codes, and orders of any and all governmeiital bodim agencies, WhWitil* W courts haYmgjWIsdi&ou. 26. Lienf.--aWS.%swurityhitmv$%Q.rmmbwm upon Protect finds, real Property, or P0401W Propaw. 21. Milestone —A principal evMt specified in the Coutradt Documents relating to an intermediate completion date or bane prior to Substantial Completion, ofall the Work. .28. Rasdr�W 29. Notice to Proceed A written notice given by OWNER to CONTRACTOR fixing the date on which the 00-700-7 Contract Times shall commence to run and an which CONTRACTOR "*',hall start to pa"r"Ibrin. the Work . under the Cwhio Documahts. 30. OWNER_:-AdCityofElgin 31. Partial UgUzadon—use by OWNER of sqbstanfl4ly com ,Vlded pan of the Workfor the purpose for _"It"is iiiiided (or a related p which UrP086) prior .to Substantial Conol6don of all the Work. 32. PM—Polychlorkatedbiphdftyls. 33- Petroleum --Petroleum, including cru& oil or any fraction thereof which is liquid at standard conditions of teinperai6b"and pr6saffe. (60 degreft Fahrenheit and 14.1 pounds Per witift inch absolut6), such as oil,p6traleft that Off, Oil $111490i OR TOR10e, gMolin% bmuft and oil 1*W with other nor -Hazes Wagte.4pd cM& 01 341 PrVxtThc total construction of which the Work. to be'purrformed md& 'the Connect Documents may be the whole, or a part, is may be "emd eisiwlieaa in the Contract Documents. 35- Project M9,nual—The bound documentary information prepared for bidding -and consftuctingftwo& A.Us&g of the mftm of the pjqqU MajnW, ;;hicb may be boundin 0116 OMM Whizz* is contained in fttable(s) of corom. 36. Radioactive MaAvio_Source, specigl nuclear, or b%zoduct material as dedined byt!wAtoxnic EnergyAct of 1954 (42 USG UM6 2011 at stiq") as amended from time to omk� 37. Resident Prqjej,.Repr&en#vjmo6-_Thg 4111110rizo representative of ANG6&j who may be assigned to the Site or any pait &ereoi' 38. SaniplaPhysical , Mampla of Mated* cquipftnt or Woftafiship that am i*presezitafive of sdw portion oftine Work mid which establish the standards by which such portion ofthe Work shall be judged. 39.. Shop Dram6gs—All drawn s, di - Mustfation% scifeduld% and other data or information which are Specifically prepared or Rumbled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some Portion ofilic Work. 40. Sife-4ands or drtw indicted in the Conkuct DoQ116bats m boing fi#W"by OWNER Won which the Work is to be purfbrmeA including rights -of -way and easements for access thereto, and such other lands fluniked by OWNER which are designated fi)r the use of CONTRACTOR. 41. Spec&a(lbig—That part of the Contizat DMMx= consisting of written WbM901 descriptions Of materials, equipment, systam% standards, and workmanship as applied to the Work and certain administratio details applicable thei*o. 42. StOcontmclor indivi" or &ft having A direct contract with CONTRACTOR or with any other Subcontractor for the performance of a pod of the Work at am Site, 43. &.0staMal Coniplefloal—The ti6w at which the Work (cc a4mmifiedpvt thc=O hasprogreWAlothePoW where, in 910 Opinidii of ENGINEER, the Work (or a specifiedpa am _;�$herwf) is sufficientlycaweteinaocar* with the Contract Documents, so that the Work (or a specified pait theicof).can be utilized fii the"Purposes fbi whiebitisintended. The terms 11substaAaUycompkWend "substantially completed" as applied to all or part of the Work rdw to Substantial Completion theME 44. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier —A manuflicturer, fabricator, supplier, distributor, inatcrialman, or vendor having a direct contact with CONTRACTOR or with any Subcontractor to fimiish materials or equipment to be incoqxffated in the Work by CONTRACTOR or any Subcontractor. 46. Undergmwd FaciUdes—All undergratmd pipelines, conduits, ducts, cables, whvih manholes, tanks, tunnels„ or other such facilities or attach,andany encasements containing such facilities, including those that convey alechicitygas&, steam, liquid p&okump telephone or other communicatim, cable television, water, wastewater, stormwater, other liquids or chemicals, ortiffic or oiber control systems. 47, UnitPrix Work —Work to be paid for on the bads dfunit prices. 48. Work—Tho entire coc*ftO q9tis"Ption Or the various separately identifiable parts thereof required to be provided under the Contract Docuinents. Work includes and in the *1* ofp&Rnft of pr6ift all labor, scrVic* and documentation necessary o produce goph oonsougfion, and furnishing, installing, and incorporating all materialsand equipment into such construction, all as required by the Contract Documents. 49. Work Change DirwOk—A writt" Mkindnt to CONTRACTOR issued on or Aeribe Effwdve . Datooftho Agmetnifit and :signed by OWNER ordering an -addition, ,ddedon, or revision in the Work, or resoonding to diffeft or unfiftften subsuifioe or physicil conditions unftrohich the Work is to be peommied or to emergencies. A Wofk Change Directive shall not change the Contract Price or the C ontract Times but is evidence that the parties equet that tho chaffiijo mikkied or documented by a Work Change I)k0otive shall be inempotated in a iubsequently w6id Change Order following negotiations by the partift $a to its effect, if any, on the Contract Price or Contract Times. 50. WrimmAmendment—AwrittcndaWmentmoff*g the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-englaccringor nontectmic-41 rather #= striefly aspects ofthe Contract Documents. 1.02 Terminology 00-700-8 A. Intent of Cedw Terirts OrAdJecdM 1. Whenever in the Contract Documcntsthe terms "as allowed," "as approved," or term of hike effm or import are Used. or the adjectives "reasonable," 'Wtablq," "accep"le "proper," usatisfitctory," or al�ecfives of libe 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 solely to evaluate, in general, the completed Work for comphqncc with the tquirements of and khrination in the Coritraa Dowxi6nts and podarmapce with the ddSign concept ofthe COMPIOW Project as a Motioning whole as shown or indicated in the Contract Documaiits (unless lucre is a specific statemd.1 indicatingoiherwise). The use ofanysuch term oradjective shall, not be effwtive to assign to EN13MER any duty or auth6rity to supervi.sb or direct the po*mmice ofthe Work or any duty or authority to uAdertake resp onsibifity contrary to oteprovisions ofparagWh 9.10 or any other provision of the Contract Documents. B. Day 1. The word "Wshill constitute actdcELdudayoM hours measured from midnight 10 the next midnight C. D*4tve 1. The word "defective," when modifying the wad "WOk" re= to Work that 15 unsatisfactory, faulty, Or ile-ficient hi that it does net cm&rin to the Contract Documents or does not mod the rQquk=j6hts of any kopewon, reference standard, test, or approval 0*rrlo to in the Co"act Document% or has been dania ged prior to ENGNMIVs recommendation of final pa3anent (unless raponsibilityfbrthepmtcctimthdcofbwbmammmedby OWNER at Substantial CompIdtich in accordance with pararaph. 14.04 or 14.05). D. Furnish, lnspI4 Pkrrfonn, Provide 1. The Word "furnish," whey used in connection with sefifio* jivateflaL ... I— . - to supply am q, IV equipment, shall .mesa deliver wd 00im% n:Ails or equipment site (or - -0 M to the soiiia oOw specified location) ready for use or installation and in usable or operable condition. 2. Thd word Imst4l' when used in connection with services, motedals, or equipment shall m&dto Put into use or place in fim position said services, materials, or equipment complete and ready for Intended use. I The words ftpafoWl or "provide," when used in Ochnecdon VAIII sm-Aem malbrials, or equipnwA shall mm to A#hi@b and ffigW said serA� M4*41% or equipment complete and ft@dy fir into.dedift. 4- When 11fi"ish," qnjW "perform," or "provider is hat used in connection with samce% . matekials, of equilinift in a context cl&fly requiring an ob%Non of CONTRACTOR, "provide" is impfit.& IL Unless stated otherwise in the Contract Documents, words or phrases which have a well -.known •technical or cohsb-ctctidn hiduiby or1rade meaning ai6 used in 66 Contract Documents in amordinice with such recognized meaningg. ARTICIE 2 - PREL*MARY MATTERS 2.01 DaUvary ofBonds A. When CONTRACTOR delivers the 04cuted Agrements to OWNER, CONTRACTOR shall also deliver to OWNER Such Bofi& and certificates of inkmince, as CONTRACTOR kay be required. to 66VA. 2402 Cop* ofpoemehn A. OWNER shall furnish to CONTRACTOR 9 to ten copies of the Contrad Docurnefits. Additional copies shall be Unished upon ivqueffat the cost oft0ioduefion. 2.03 CommmeementofConimctlYmarAroficeifoProbee$ A. The Contract Times shall commenco to ran on the thirtieth day afic�'the Effective Date of theAgreement or, if a Notice toProce,ed isgiv4k on the day indicated inthe Notice to within Ptod�W.'. A NMI* to P&O.O.C.4 b given may e giv nytidie 30 days afar the Eflixtive Date of the Agmemont. 2.04 Starling the Work A. ' CONTRACTOR shall start to pedmm the Work on the dgo,"Ondie CODtr#ctTimes commence torun. NoWork da be done at the Site ' prior to the date on whichilie Contract Times commence to run. 2.05 Before Star WhgConstruction A. COWMCTOR's Review of Co#kaa Docimimts Before undertakingcach Part of the . Work, CONTRACTOR shall carefiffly study and compare the Cok4ict Documents and checkandvatifypofikiitfigures therein pli and all ap cablefield ." ' 'nkaduienitikis. CONTRACTOR shall promptly report in writing to ENGINEER shy conflict, error, ambiguity, or diwepaiu;7 which CONTRACTOR may asoover and shall Obft= a writ" interpretation or clarificittionficni, ENOINEER ,before procem1mg with any however, CONTRACTOR shall not be liableto OWNER or INGNEER fdr tai to report ah"YconffiA ciirwl ambiguity, or ftiqiancy in the Conlract Dooftents unless CONTRACTOR knew,* reasonably should have kwvM diemf. B. Prethn(haq SekedWa. Within tee 4W after the Effedfive Date of the Agreediegit (unless otherwise specified in the (kneiml Requimni&&), CONTRACTOR -shall submit to ENGINEER for its tfindywhew. I. aPmHmhWYPVV=sdiedWoin&mtmgftdnm (numbers of days or dates) for -starting -and C04101ing the vaio .ilages of the Work, :hicluding any Milestones AP661fidd in die CbabW Docufflents; ;. a Prdixpingry schedule of Shop Drawing and Samp le submittpls which aliaitlist cub required submittal and the finesfbi submitting,- ricviewfjR and processing su* submittal; and I aPrW-M- linarysphqtkile of values fbr all of the Wp& which includesqp#dcs and prim of tegis *jch when addodto ar equal the Contract Rice and subdivides the Work brio component p&rtg in ni fficicat detail to mw as the basis fdrprogi=p*ments dLWnSperft6AwidjheWcrL Such Prices " include an:ap0roprift mount ofombad an ' d profit appliqpble to each item of Wo;t 2.06 Preconstruc#on Confemnee AL Within 10 drys after the date of delvi oftheprojca ery Scliedules refeftedd harem but before any Work At tree Sftb is started, a confemoe aftetiddid byMNIRACTOR, 13NOINEER, the OVnM and others as appropriate shall bc.-hgd to establish a working widerstandin among thejwdm as to the W=k and to g discuss the schedules rG&ted to in paragraph 2.05.H, 00-700-9 procedures for handling SMp Drawings and. othersubmittals, Fooessing Applications for payment and maintaining required records. 2,07 Initial Acceptance ofSehoduta: reserved ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMMING, REUSE 3.01 intent A. no Contract DOMIMCRts .are COMPM[ndfitwf, what Is called for by onb is as binding as if called fDr by all. B. Any applicable labor, documentation, services, materials, or equipment that mayreasonablybe inferred fromthe Contract Docimidnts or from prevailing cattoffi or trade usage as being fequired to produce the intended result shall biprovided whether or not specifically celled fDr at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as pro-Aded In Artiolo 9. 3.02 Reference Standards A. ftndards, SpeWcallons, Codes, Law, and Begulafions I- Reference tostandards, sp*-McWows, MgmaL%or codes of any technical society, orgkoizatic% Or association, or to Laws or Regulations, whether such reference be specific or by implication, shll mean the standard,. specification, manual, code, or laws or R6&adm in 6ffid at the time, of opening of %d % except as maybe otil"se speoificaIly stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities ofOWNER, CONTRACTOR, or ENGINEER, or any of their_ h subcontractors, cqwd1tantN agents, err CMPlOYM Emmi� = set forthin the Contract Micxm ants, nor shall any such provision or instruction be effective to assign to OWNER, ENGU,M9R, or any ofENGINEER's Cousulftait90 agic'n'tS6 or employeps any duty or auftrity to supmvise or direct the performpoe of the Work or any duty or authority to responsibilityundertakeresponsibility inconsistent W* the Provisions Of the Contract Documents, 3.03 RepordngqMftewMngDiwhVandes A. RVorftDiscrWandes i, it during the performance of the Work, cx)NTP,AcroR discovers any co6fliL% am, ambiguity, or &MV00y, wife the Contract Documents or baWift the Contract Documknts and any provision Of any Law or- Rej*ion."licable to the performance of the Work or of any standard, specification, manual or code, or of air instruction 01-any Suppliek, COI RACTOR shall report it to ENGINEER in writing within three bisiness days. CONTRACTOR shall not proceed wit . . *p.Workaffeded thereby (awW in an emergep aw .q as by p gh 6.16.A) until an amendment or supp lement to dw Contract Documents has`been Muedby OWNER or ENGINEER as provided fth"n. B. AeW1W49DLVrqMnCi& : 1. Except asnwbc o9mvise specificallYstate4inthc Contract Documents, ffic priovisions of the Contract Documents shall take preakidnee in resolving any conflict, error, ambiguity, or discrepancy between theprovisionsof the Contract Doconagnts and: a. the provisions of any standard, specification, j�nnual, code, or mstrucfton(whefiia, �ornot speci" incatiorated by rdcrefic,6 in the Contract Documints); provided however, that any conflict between the provisions of the Contract Documents and any Laws or Regulations applicable to the perlrmmw oftheWork shall be resolved in fiaw of the law or Regulations. 3.04 Amending and SMPPkixenfing ColftdD"Wiew A. The Contract Documents maybe amende.dtcPmi&fcw additions, deletions, and revisions in the Work or to modify the tam and conditions thereof in me or more of the following wayi: (1) a Written Am6Wzncnt; (H) a Change Order, oir (iiri a Work Change Directive. B. no rqquirenwts of the Contract Doompegn)p may be supplMent4 and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (1) a Field Ordw, (ij) ENGINEER' s approval of a S* Drawing or Sampir, or (iii) ENGINEER's written intcrpreWon or clarification. 3.05 Amme of Documents A. CONTRACTOR and any Subcontractor or Supplier or oflj& b4yi.duad or W'* pesfOrnaing or fimishirg any of the Work. Q) shell not have or acquire any: 010 to or Ow=$hiP rights in a1yofthc Drawings, Specifications, orokadoctuniqu (or copies of any thereof) prepared by or bearing the seal of ENGINEER or"ENGuaErs Consultant, including electronic media editions; and (ii) " not raw any of such Drawings, Specifications, other documm% or copies thoreofon adcholons of the Project or any Other Project without '00 consent of OWNER and ENGINEER and specific written ratification by 00-700-10 ENGINEER- This prohibition shall survive final payment; codpleflon, and acoq6dw of the Work, or tarn,"on m completich of the Contract. Nothing herein "I prewtule, CONTRACrOR. from r*WM Opio of the Confract Documents for recordpurposes. ARTICLE 4 - AVAMABHXW OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REIFEREMCF. POINTS 4.01 Ava&bXVqfLands A. OWNER shall M&h reasonable access to the Site. OWNER AMJI no* CONTRACTOR of any c0cumbr . ancesor restrictions not of9enerolapplicadda hat speofficOyrdatod to use of the Sim with which bONTRACThR. mug comply in pafohningthe-Work. OWNER shall obtain jn.atim*mqFXr afid'pay &r easements for parnanent structures or perthanent changes in adsft fw1lities. B. CONTRACTOR shall provide for all additional lands W acorn thereto that nw be' required for tftV" 6fWy eonsiiucfion 113cuities or itorage ofmabarials and equipment. 4.02 Subsurface andPhysical Conditions A. Reports andDraMngs: The SupplementayConilifions identify: I - dwse ieparts ofaxploratioin and tests ofsabstufm cmditiou * or contiguous to the Site that ENGINEER has used in pf6pating the Contract DocqmeM; sad 2. those OrawiW ofpIrysical conditions inorrelating to existingsurAce or subsuri1ce s&notures at or contiSt . mus to the Sit6 (except Undeiground Facilities) that ENGmER has used in."Wing the Contfad Do6dinefits- B. L#nWRe4qjcebyC0NTRACy0Ron7,� ,*k WD the _ot& Aldhoy#ed., CONTRACTOR may rely ;upon the gqpgal accuracy of the "technical data" contained in such rqpods and drawings, but Such rbpdiU and drawings are. not Contract Dwmmt& Such I%xbWcal data" is identified in the Supplemeptm ,y CondWoks. Exoqpt fit such Miance an inch "technical data," CONTRACTOR May not rely upon or make any Claim against OWNER, ENGINEER, or any of E14GIN&R! r. ODnsultwts with respect to: 1. the ociftlelaiiaos of d.u.ch rcp- and dr4whip for CONTRACTOR's purposes, inclpding, but not limited to, any aspects of the mcqa, rnvthods, teclutiques, sequences, and procedures of construction to be employed 6 , y CONTRACTOR; and safely precautions and propmw incident th&fto; or 2. other data, interpretations, qpgdons, and information contained in such reports or shown or indicated in such drawings; or 3. onyCONTRACrORintwpmtg6mof(*6=hwm drams from any "technical date or any such other data, inte;pret$gone, opihximrs, or information. 4.03 Differing SubsurJace or. -Physical Conditions A. N-01ka: IfCONTRACTOR-believesthitmWad or physical condition at or contiguous to dw Site that is ipoovcred or revealed either. 1. is 6foudhana6we as.to emblM that any "technical "" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materitRy hwcura* at 2. is of such a nature as to require a change in the Confi= Documents; or 3. diffeft MLIteriallYfim that Blown oritufteMilizithe Contract DootiinIet@IS6 or . 4. is ofen unusual qpture; and 4a&rsmgerialjy from conditions otdiumilk mco6t;red and genetally raeogaized as inherent in work of the* charact6eprovided Air it the Contract Domments; then CONTRACTOR shall, promoy after becoming aware thereof and befoic farther diitAimig the subsurface or physical conditions or paftibbig any WdrUn connection dj&ewith (6100Pt in an b1JW � as *quired by paiagraph 6.16A), notify OWNER and ENGINEER in "-Ong abmtt such , condition. b0MikACTOj shall not further disturb such Condition cupwrorm any work-in .. coM ,wtiontherewijh (except as aft waid) until taceipt of rittan order to do so. B. FNG11g9R'$R0Wew.- Afterrep — ofwrittimsgticbas re ,quh* by paragmp4 4.03A ENGINEER staff promptly review the pertinent 0010600, 4"mine 'the neqMq of OWNER's obtaining additional expldration or Wo with respect thd*r and advise OWNER m m6ft (with a copy to CONTRACTOR) ofENOMER's findings and conclusions. 00-700-11 C. Pws.1blePrict and nines.Adjus4wents L The (30ntmd Price orthe Contract Times, or both, shell beequitably adjwb4inthe form otaChange order, to the ekent that the 0006hO Of such differing subsWface or pilYsica Co"- 600 Mes an increase or docicase in CONTRACTOP,'scost of, ertime requWfor, pafinnmce ofihe Work;, eaL-:hovi6vq, to the following: a. Atch'candition inust meet anyone or more of the caftufidls dwfibed in pmfpvh 4.03A "d b. with respect to We* that Is paid for on a Unit 11fice Basis. any " adjustment In Cvntract Price shall be ioj6a to 60 x0visions of1waswils 9.08 and 11.03. 2. CONTRACT -OR shall riot be entitled to any adjustment in the Contract Price or Ca*ad Times if - a. CONTRAC17OR knew ofthe existdaccofauch conditions at the time CONTRACTOR made a final pommitiff6d to OWNER in M#W Of C4*ktMd Price and Contrapt Times by the sukipission of 4 Hid or becoming bound under a negotiated contract; or b. the odgkfice: of such condition could reasonably h4vb be= discovdW or revealed as a result of any examination, investigstitfn, &p'joraticA Mid, or study of -the She and contiguous areas req#W by the Bidding ftp*emerft or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR!s malting such final cotunkment; or c.. C014RACTOR failed to give the written notica.promptly and as required by paragraph 4-03JL & CONTRACTOR represents he has made a reasonable inspection ofthdconshucdon&aandherby voluntarily waives the incorporation ofthe provWws of 30II.CS 557/1 etseq. andrelmm.ents thattheuegDtiatati contract price is the sole consideration for the construction of the improvement described In this contract- Further, OWNER shall not be liable to CONTRACTOR 9* any amotut of money over the nqWb*cd bontrad price. 3. OWNER, ENGINEER, and ENGINEBR's Consultants shall not -be liable to CONTRACTOR for spy claws, coa% losses, or damages (includingbutMimhedto all *w and charges oferigizicars, architects, attorneys, and otber-proAssionals ai2d all court or oftitrati60 a ofiW disputeresolution costs) sustained byCONTRACrORopor in connection with any other project or-Mucipated, project. 4.04 Under&ourtdFadftdes A. Mwm or Indkafed, Any iOftmOon and 40 shown or indicated in the Contract Doemnaft Wit respect to existing Underground Facilities at or contiguous to the Site is based on ink ation and data fimAshed to 6V*HR"& ENGMEHR by the owners of such Underground Facilities, including OWNER. or by others. uDim it is athsrvviee expiessly.pzavidecl in the supplemeotory Conditions: 1. OWNER and ENGINEER shall not ba=sponsible for the accuracy or compidencks of any such information or data; and 2. the cm of all of following4*11 bb iticlu44 in the Contract . Prim and CONTRACTOR 6411 have &II responsibility for. a. rcMdAng and checking all such information and date, b. locating all Underground Facilities shown or indicated in the Contract Doc;pnents, c. coordination of the Work with the owners of such Undergroonxi Facilities, mbluding OWNER, dwVg construction, and d. the softy and protection of all such Underground Facilities and repairing any damap thereto resulting from the Work. B. Not &mmorIndicated 1. If an Underground FwiUtyls uncovered ormveded at or c6htignous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in The Cghbact Ddeqmentg, CONTRACTOR shdL promptly a2w becoming aware thereof and before Auther disturbing conditions allixtedtherebyor pwbrnipganyWork inconh&Oonfli6riM&(except iiiancl"n,mryas required by p4*aph 6.16.A), identify the ow&i of such Underground Facility and give written notice to that owner qW to OWNER and ENGINEER. ENGINEER shall promptlyroview the Underground Facility and determine the extent, if any, to which rL cha*is required in the Contract Documicats to refied a4d dociunent conseqW �pes of the existence or location of the UnderFound Facility. DurIft such Opm CONTRACTOR shall be responsible for.the satiety and protection of such Undeiground Vacility. 2. if ENGINEER condluft.*9 2 VhMV in the Contract Documents is required, a Work Change Directive or a dwmp Order may be issued at OWNER'S discretion tor4lect and doeumentsiieh consequences: C. The provisions of paragraphs 4.02,4.03, and 4.04 shall not ApplytoaHaqtdo .116 Environmental Cuaditionuncored or revealed at the site. 4.05 RefqqwePb*b A. OWNER shall provide land 64vvA necessary to establish right of , We-Y04em" and pupefly lines. ENG]NEER shall provide base lines, benchmarlm andreftaxv points which in ENGINEER'S judgment are necessaryto enable CONTRACTOR to, proceed with the Work. CONTRACTOR 00-700-12 shall provide an stakes; ynarka-&, labor and agsistm= required by ENGINEER CONTRACTOR shall be responsible for laying out ft Wod4 s1W1 protect and" rcseilvc the established rdamehoo pbk* 00 property ]fiMmneiits, Am Shan make fio &!pgds Or r01600tions Ynthout the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever sply,refimmm point or-property'mon""t is lost or dwkoYidcwrequires relocation because ofnammaydmgwm grades or locations, and shall be respoijuble, NW pay for the AM#Sft replacement at Montion of such rekftco points or P,ropqty monuments by prof"io=Uy qualified perownel. 4.06 Hazardous EnWronmental Cormftn at site A. Reports :and D0aw,hp: Re&iiace is made to the Supplenientity Co6diliaps for 60 iftHkatiOn ofthoSe reports and drawings relating to a Hamilow-Envirchmental Condition identified at the Site, if any, , , that haws been *M-md by the ENGINEER in the Preparation of the Contract Documents. B. Limited )?eMziicaby. CO)VTRACTORoATedvdwlData AuthorIzed. CONTRACTOR busy rely v4w file g=M =uracy of dl&'%*dcal OW od#*o in such reports W drawings, but such rep" and drawings arc not Contraot Documents- SWh "ted0cal data" is identified in the Supplernentary, Conditions. Except for such reliance on such "technical W CONTRACTOR may not rdly upon or make afiY Clalm against OWNER, ENGINEER or - any of ENGMEER's Consultants with respect to: - I. the completeness ofauch rqmu and drawings for CONTRACTOWs puqx*es,,inr1txftqg, but not limited to, any 8SPeota of the Means, methods, t6A6WM *u&ices and pr6pedurds of coatiuctum to be dimploybd by CONTRACTOR and safety promflons and programs incident *rrdo; or 2. othardabinterpretiLtionsopiWonsudinbh*d� cobtidned in such reports or shown ok in.&md.M in such dMwillm or 3. aWCX)NTRACTORbitmprewf=oforconcludcm drawn from any "technical .data" or any such other'dataA ftr6t6tionS, Opinions or information. C. CONTRACTOR *shall not be- responsible for any Hqzm-dow Environmental Condition uncovered or revealed at the Site which was not Aoum or indicated in Drawings or Spedfloations or identified in the Contract Docmn&ts to be within the scdpe of the Work. CONTRACTOR shall bo ble, fo r or a llazq*w EnVitonmenod Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone elm for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Haqv� Environmental Condition or if CONTRACTOR or anyone for :whom the CONTRACTOR is responsible creates a Haamlons Envirmotefital Cqhdftjofi6 CONTRACTOR AW finriiediately: (i) secure or Mhervlft isolate such condition, (ij) stop all Work in connWHon with such con ffition and in any qm* afted -thereby(exceptin an amergBncyasnqui-edbypamr.gh6.16); 4nd (M) notify OWNER and EN&NEMi (and prom fly p ther&"Conflftsuch notice iiwriting (and pre4dy0w&bw confirm suqhnodM in W&W. OWNER "pfoftflyft=1t with ENGINEER cOhc&ning6onece4sftyfor OWNMtoretain a qqajifik eViert to eVq1uaft=h condition or take OwTuotive action if any. R. CONTRACTOR OW not N6 r&pxficd to resume W&k M 9900600 with such condition or m any' gft until aftr OWNER has obtained aftyrequirad permits relatcd thereto and delivered to ij0NTRAc.rbR written notice: V) specifying that such condition and any aim area is or has been rendered salt for W esumpiIon of.Work; dr (ii) specifying any special conditions under y" wh'Vark may ber&m*6 saki F. If afr receipt of such written notift CONTRACTOR does not agrectoresurnesudh Workordoes not ag ree to resume such Work under such special codditioni,% then OWNER may Order the. porfi0fi of the Work that is in the area of bysuch condition to be e deleted ftm 60 Work. OWNER shall be entitled to deduat th6 corn ofsWA Work from the Contract Prica G. To the fullest extent penptted bytaws sad Regukt!on CONTRACTOR shall hidenupf , y and hold harniless OWNER, ENGINEER, -EINGINEEIVa C*ftmAfim% and the officers,' direct0% powftk Mpk6ces, agents, bdl& conndtints, and subconeactm of each and any of thm fimgad agate* all claims, and daMW(inclixftbut not limited to aq few--4#d charges ofen&=s, archftects, aftorneA.-and other. probmianals and all court or arbitration or other dispute rcWqddh mats) wising out of or relating to 4,H=ff&M En*0un1MQ Condition created by CONTRACTOR or by 8MMne fox v?bcM CONTRACTOR is respclasible. 'Nothing in this paragraph shall obligate CONTRA&6R to indemn* any indlvidu@ orent* from and against the consequences of that in&vi&W$s or sanity's 0Wj : I 1115joliger= ARTICLE 5 - BONDS AND INSURANCE 5.01 Perfonnanco- Pqymen4 and 01herBonds A. CONTRACTOR shall furnish &d6mm=spay MbI ftds, each in an athount # jcw:tqW to thb Conksot hice as .." least ..... ........ . security for the fiAful Petfammance and payment of all CONTRACTOR's obligations under the Contract Documents. TkcseBon& shallremain in eirM at log until one ywafierthe date when final payment becoam due, except as provided offimvWbylaws orRogWadonsorbyftContact Documetis. 00-700-13 CONTRACTOR shall also fiamish such other Bonds as are reilturod by the Contract Documacb. B. All Pon& snail bg in the fqrm Mc,+ribed by the Cadract Documents except as provided otherwise by Laws or Reg6lations, and shall be executedby nwh sureties as-arenatood in the current HA of "Compard6s. Holding Ccrtifica6 of Av*m* 8$ Acceptable Swedes on FedalBonds imd as ApVtable Rdnawuig ColhpabiW As pubW in CvbWw 570 (amended) by -the FinancOl m=pSement 59vice, Supety Bond Branch, U.S. Department oftheTreasury oras rm�ryQ1herwtsvbe; acceptable to OWNER at OWNER'S discretion. All Bonds signed by an agent must be accoinpanied bye certified copy of such venflt authority to act. C. Ifthesurety onapyBkmd#nWie-dbyCONTRACTOR is declared bm3lxW or`becomes becomes insolvent or its right to do b.sin6ss is terminated in any state w&a& anypart ofthe Project is located or it comes to hied the 'requitzmdfits of paragraph 5.oiz, CONTRACTOR shall wift 20 days d4r6afier substitute another Bond and swety, both of which shell comply with the requirements of paragraphs 5.0 1 B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Ddeuments to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or Insurance companies thatare duly licensed or anffiorW in the state Of Minds to issue Bonds crinsurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such aMdmd requirarnartts and qualifications &smaybe provided in the Supplementary Conditions. 5.03 Certificates oiInsw-Once A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary CoWitions, ci*Moates of Worance (and o4her evidoce of innumoreq=W by OWNER or any other additional it which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, With Copies to each additional insured identified in the Supplementary Conditiom certificates of innikanca (and oflitit evidefice of ksm=6 Teque" by CONTRACTOR or any othir additional WAMOM which OWNER is required to purchase and maintain. H. Such mmwco shall WIY as primary insurance with respect to any dfficr inauance.or self-hmurancepro&naffmded to ftv City of Elgin. Th6re fiW bo no iWorsi&ant of njoaudon of such insurance to make it excess over affier available insurance, and alternatively, ifthe insurance Mn that it is excess or pro rats, it dmU be endorsed to be primary with rasped to the city of E wa C. The policies to be p=kased and M&inftvd sbill 126 Amnshed by insurers with A.M. Best Companyr&g ofat least A- (Excellent) and a financial Shp cdqM, OfVM Or greater- 5.04 CONMAVTOR'sLiabiftInsuMACO A. CONTRACTOR shall PUrchM and inaint.=. such liability and other insurance as is appropriate for theWarkbOg pm*nxied and as shall provide protection from claim ad" below winch may anse out afar result fiern CONTRACTOR's pesixinance of the Work and CONTRACTOR'S other obligations under the Contract DoeMeots, whether it is 10 be performed by CONTRACTOR, MY SW=n#PPW Or Supplier, or by aMme direc , * or kdh=dy employed by any of them to perform any of the Work, or by -anyone for whose acts any Of them may be liable: 1. clams under workers' compensation, disability benefits,'and other 6nilar employee benefit acts; 2. claims for damgm'because of bodily injury. occupational sickness or disease, or death or CONTRACTOR's employees; 3. claims for damnes because of bodily injury, gichm or disease, or death of any person Other than CONTRACTOR's =*10*% 4. claims for damages insuredbyreasonably available parsonalizjW . a sustaine& Q) by ,yI1abftcov=Vwhich4 any person :as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other Person for any other reason; 5. claims for damagoa�, vfller th" to the Work itself because of injury to or destruction of tangible property wherever located, including -loss of usq resulting thirefimm; add 6. claims for damages bftmm of bo#RY injury or death of any person Or property damage arising out of the ownership, maintmanoe or Use of.airy motor vehicle, B. The policies ofinsurance so *" by this peragraph 5.04 to be pprobas0 and ....Maidtamed shall:1shall:1. � 00400-14 1. with raqK*t to insurapoe required by pamgWbq 5.04A3 through 55CA-6 inclusive, include as additional Ww-,ds (subject to any,customary exclusion id rew6ot of prolaamnal liability) OWNER, ENGINEER. ENCUNM 8 Consultants, and any oflw individuals Or entities ideWifiedin the SupplenmtuyConditions, all ofwhom shall be listedas . 11 1 additional insureds, and Include coverage for the respective offlc6rs, dirbetom partners, employees, agdft and other consultants,and subconWhetors of each and airy of all such a*W*01 insureds, and the ififfmouge affuded to ftpo additional insureds shall provide primary coverage for all claims covered thqrebj,' 2. include at least the' specific ouver4ges and be %vrbmfor not ldPthan tide WWts offlabilityprovidedin the Sqpplem ,e4tary Conditions or required by.Lawn or Rqglatfons, whichever is gmgtw, 3.:: incluclb completed operations in - 4. include obhulaoual liability '*44goct covering C0NTRAC`rOR?s indw.nity obUgstions under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or andorseffidint that the coiWage of shall not be ca=14 inatbri ay j*aftg6d or renewal rdiwd until at low thirty " prior *jjW noticehasbeen given toOWNER and CONTRACTOR and to each other additional insured ideg"ed in the- SUPPlCn=tK1YPD1htI0fkS to Whom a CertifiCift offimMmoo hai bem issued (14 d the certificates of Mwance furbished by the CONTRACTOR Pur090 to pifragaph 5.03 shall so provide); 6. remain in effect at least until final paymentandata# times tMdaftdr w1en CONTRACTOR may be -correcting, removing & rePUd% deftfive Wckk in acoordaum with pmgraph 11.07, and 7- wi*respeottocog completed operations jugurqw, and any 21MMU00 coveragewritten on a claims -made basis, refrainmain in effect fOr at RM two Y�rs aft&final payhiad (and CONTRACTOR " ffirnish OWNER and oa other additional imaqueti identified in the Su - pplementaty Conditions, to whom a certificate of himince:has been issued, evi sili�"tob =imd" such additional insured ofeftfinuation ofsach final p*pi* and one y* thetea qr). 5.05 Confracior'sPrqp"In;twance A. COnfflWm shall Purchase and ' maintain property idsuranc:6 covaWfur the Work at each site in the amount of the fall replacement cost th&W. This insuraned sUl: 1. include the i4torests of Own& Contractor Syahcon"ctors, En&eer. and Engineer's consuhun;f, each of whom is deemed to have an insurable interest and shall :be listed as a named insured; 2. be written on Builder's Risk "all-risk" or Opt . nperfl or special causes of loss policy form that Sban at least inC1440, %Su rgm. for physical low or dqM& - to the ge Work *Poriuy buildings,ftlsewor� Work in transit including ocogh transit, and Work in storage at each PrOjOdt site OrAt anothd lobadofl agootable to own&, .and shall insure against at Ing the follwwiAg Peru fry, lightning, extended coverage, the, vandalism and m8liciOUS mischief, earthquake; collapse, debris .refficivil, ddifiolitidh occasioned bya&rce;1intofj.am and Rqoatiohs; water damag flood, and damage caused by frost and keezing; 3. include expenses kqnTW in the :repair or npkoemmkofanyWwcdproperty(inchWiMbitnot lWikWto, %sand chargers ofengineers and awhitmts); And ' 4. be maintained in eflea until *W .. . payment is rna& unless otherwise agrced to M' writing by Owner; ContracW, and Engineer, with 30 days' written notice to each offier ins IT& 5.06 Malver of Rights A. OWNER.,and CONTRAcrok intend ft:ali polipes purchasEd iri aoom-danm with paragraph 5.05 " protect OWNER, S CONTRACTOR, . ubconftetors, ENolNEER, ENG]NEER's Coftft% and all other individuals or tnflties identified In the Sqpplcmentwy: Conditions to be listed s insureds or -aaditi" mom-ed s (and Me cifficers, director's, Paifikik QufP10yeM age, and other consultants and 9ub�contiacto of each A& any of them) in suchpo licies and shallprovide . prunary 000ftNO 'far all losses side damages or caused. by#wpcfflsorcuWoAo,me-overedthereby. All such policies shall contain FMMM to the CffiMtjha in the event of payment 4-any 1c6 or damage the insurers 60 have no riots of recovery against my of the insureds or additional insureds (h�irrt . OWNER and CONTRACTOR_ waive an Ago app,ist qo other and their respective offiqers, &0toig, PArblus, VMl0YMa alfflft and other cmWtq#p and subw*actors of each and aay"4 them for all - lasses and damages caused by,arisiing Gut of or re perils or causes of loss c resetting from Any of the PO . oycrb.,d:by,.guch policies and any ath& Property kgur=co applicable to the work, and, in addition, waive all such rights apv= SubeamMorr, ENGHQEI?, ENGNEBRIS Consultants, and all 001ei individuals or entities identified in the Supplementary Conditiods to be listed -as insurWs or additional Insureds (aid the officers, directors, PsMtM MVW%"tk and oft consultants and SUi..CG!W9Ct0d OfCildhgo 8nyd#OM) MUW $uCh#0MeS ft lossesanddamAgessocaused. Noneoftheabo vewaivers sba-11 extend totherights thatanypartymal*suchwahwropylgive to the pivoceds of Insurance held 'byOWNER as trustee or a thervAse payable under a py policy so issues. 5.07 AcceptqnceofBo.7,Osandlnsuranew0paontoRepkee 00-700-15 A. Ifeither OWNER or CONTRACTOR has anyoIjection to the coverage afforded by or ofli& provisidits-ofthe Bonds or in0000;*quijt d to W purchased and maintained by the other party in accoixtence With Article 5 on the bans of non -cif ,.xnoe with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days ater receipt of the certificates (or offict ovidence requested) ftqWred by paragraph 2.05.0 OWNER and CONTRACTOR sholl each provide to the other such additional information in respW of insce provided as to OOW may reWmblY request. if either party does not purdwe air rush all of the Bonds and insurance required of such Marty by the. dontract Documents, such J shall notify die other party in-witing of patty such W= to infthaw prior to the sort ofthic Works or of such failure to maintain prior to any change -in the required coverage. wiihout prejudice to W other right w -remedy, the other party may.olmtoobtonequivalent Bonds orinsuromtopxftdswk a I am& partys interests ests at the axpefige, of the party who was required toprovide suchcomage, and aChimoOrdef"be word to adjust the b4nttWt Pried accordingly. S.S Partial U0=11on. Ackn0%Ikd8Mqt of PVe"Y Insurer A. If OWNER finds it necessaiyto occupy *ruse a portion or portions oftbe WorkpAorto Substantial Completim ofau the work as provided id paragraph 14-05, no such use or occupancy shall oomp=cc before the insurers providing the property inswunge,pursuant to paragraph 5.05 have admowleWnofico thered and in writing eflbeted any changes in coverage necessitated thereby. The insurers providing the Prbp�ty but the prop" insurance shall not bacape pled orpermitted to law an account of any such partial use or occupancy. ART.IcLE'6- CON T-RAcToRrSIESPONSIBUMS 6.01 SWperwston and Superintendence A. CONTRACTOR shall supervise, inspect, and dir&4 the Work competontlyand b0iclently, deV0UD8FUobW=U0Ather0t0 and oppift sqch 9,,Qls and expertiseas may be nm, mw to perform the Work in acmdance with the Contract Documents. CONTRACTOR SUO be solely responsible for the means, methods, tkMquos,-sequenow, and procedures ofekstructi&4 but CONTRACTOR " not W re4minsible for the OqAg&cc of 0 or ENGINEER,'k the d*gri or sP6--ifi* of a specific means, method, too0que, a9qqwA of procedureprocedureprocedureof construcdon'wblch is shown. or indicated in and expressly rapircdby the Contract Docurnents. CONTRACTOR shall be responsible to see that the completed Work cornplies accurately with the Contract Docutnonts. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent residari sWerinftilent thereto who shall notbe replaced vdtout wrtitch notice to OW .N, . NER indE CIDWER. I!W superintendent be CONTRACTOR's represon"ve at the Site and shall have authority to act on bdmaf of CONTRACTOR. All communications pivento or received from the superintendent shall be binding on: CONTRACTOR. 6.02 Labor, WbiftgHOOPS A. CONTRACTOR 9W provide emopetank suitably qualified personnel to survey, layout, and oonstruct the Work as required by the Contract Docurnents" bONTRACTOR abldi at all times maintain good disciplini and order at 626 Site. B. Except as 4erwi. so r a.pht..d., for the safi:ty or protection of persons or the Work or property at the Site or 4aoant thereto, and except as ofliawise stated is the Conftct Documen% all W&k at the Site shall be performed during regular worift hms, and CONTRACTOR shall not per oyqfflthd*work or . the perflw_ mm.= of Work an Saturft Sunday, or any legal holiday withM OWNEWs written ccqFuO (which shall not be unreasonably withheld) given afier prior written notice to ENGINEER or except as mayotherwise by Y provided bythe Contract D 6.03 Serview, Materials, 'MOEquOment A. union otherwise specified in the Ccncnd Reqdmnaft CONTRACTOR shall 'provide and assume at cowpmcrows cost, fitu responsibility for all sertices, materials, bquipmerit, labor, uftsportation, construction equipment and F app anom q nd inadunery..toals fiA power, 1114ft, heat, telephone, water, .sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the p.*..ce, testing, start-up, and completion of the WwJL B. All n#*qls and mp*mt incorporated, into the Work shall be as specified or, ifnot spccifi44W be Of90W quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specificaftycalledfor by 616 Specifications "n expressly run to the behest of OWNER. If rc;qum:d by ENGINEEIk, CONTRACTOR shall fipish ofiezwtory evidence (in4udmg ropm" of ra'Tarqd teds) as to the source, I" and quality of materials and equipment All materials and equipfitent "I be stoned, applied, installed, connected, crea6d, protected, used, cleaned, and conditioned in itecot4moo with b4ruc*iobs of the applicable Supplier, dtoept as offim*n maybe proVid6d in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR " adh&e to the progfins schedule ei#oblished in accordance with tlxo Contract Documdhts U may be adjust ed j tod#o;ntinistodideagprovic!edbelo*. 00-700-16 1. CONTRACTOR shall submit to ENGINEER ft A00eptanoe (to fM caterit indicated in the Contract Documents) W pro pond 4ustmmts in the pjbSMS schedule that *4 not result in changing the Contract Times (or Milestones). Such adjustments shall COnftMgWMUY to the pmW= sWWule d= in effect acid additionally "It comply with any proAMons. of die Gcff&g Requircinehts applicable thereto. 2. AmpoxcdRd*mmiuinthe progress wAc"edun shalt change the Caitiact Timm (or Milestones) shall be subfuined in acc&dmw6 wiflfthe requiiiinents ofArfick 12. Such adjustments may only be m1de by a Change Ordet or Written AmOdPlin'tinu - VP 6.05 SubsM.utw and "Or -Equals" A. Whenever anitem. ofmztiiridor.equipmentisspa6fied or deschbdd in the Cartract Dauments by using thb name ora propridgry item Or the name of a paocular; Supplier, the specification Or 4=47ftOn is intended ed to establish the type, Amcdork appearance, and qualityrequl*. bhloss the specification or desd4tim- contains or is _ followed by words z=ft that no ft q*2164 of 'br-eque' itetn & no substitution is gkmittA• other items of material or egutalftor material Or -equipment Of Other SUPPlift may be submitted to ENGINEER for review under the circumstances degeribed below. 1. The procedure Am review by ENGINEER for "or eqqql" or substitute hero. -shall be as set forth in, Wow, as supplemented in' the General Requirements and #6 ENGINEER may decide is appropriate up* the circumstances. -2. CONTRACTOR shall first nuke written opplJOROM to ENGINEER for review of a ptopbsed substitute item of Material or equipment that CONTRACTOR seeks to Amish or use. The application shall C&dfY that-&Orbjmed subsftftft item shall perform gftalb* the A"ons and achieve tbe'*Wt9 called for by:* ge=O design, be Anitar in Substance to that specified, and be sm ted to the same use as that gpgifie& The application Shan state the extent, if any, to which the use of the proposed substitute item shall *!U&e CONTRACTOR's ad*va=t of Substantial Completion an tim .0,*hWierorn6tu -sc of1hb*0qWsub iHtime-ham in the Work sball require a ohMW in any of the quhtrot Documents (or in the provisions of4ny other direct con"Id with OWNER for work an the, Project) to adapt the design to the proposed substitute item and whether or •not ih*odi"atioii or use of the" pro0o..W.- substitute item in connection wM the Work is subject to payment of any license fee or royalty: All variations of the proposed substitute item from that specified shall be identified in the application, and avail" enohearin&sales, mointeronce rcO*. 4-fid tiplaoement services shall be indicated. The application shall also contain an itemized estate. of all oaM* dr credits 69 Aall ifta diregly or hulireefly fta& use of such substitute item, including costs ofredesign and claims ofodwcoaft ,ct=affected bys#YftsWftdnnt% all of which shall be consideW by MINEER in evaluating the proposed substitute item. ENGINEER may regure CONTRACTOR to fiznish aftWnsI " about fire propoW substiftft item � B. Substitute Consoaw' specific means, 'method, . technique, Maltedssequence, uenee, or procedure of oongffaction is shown or indicatodin and cpmjyreq�by ftQMOWDOMM*%.CONTRACTORmay&mA&Wizo aaubstififtmead'' 006dtcohm ' aquoMe of s, . .. .. .... iqm. construction approved by ANGINEER. CONTRACTOR shall submit MUMCiMt ' information to tO allow ENGPIEin ENGINE12it's sole, dimet[6, to determine that the Substitute prop ivalijig osed,P equi tothat„ wTrmly ailed fbr by the COWMDOcuments. Thcproccd'far review byENM4EER shall.be substantially shift to that provided it, stftar*Wh 6,05A.2. C. Bigineer'sEvaluadan: ENGINEERshalibeafloweda reasckable fth widin which to 6valuate each proposal or submittal ma&'PUr94W 0 Paragiraphs; 6.05.A and 6.052. INOINEER dell bo the We Judge of acceptability. No "or -equal" or substitute shall be ordered, installed or utWzw until ENGINEER's review is complete, which shall 'be 6vid6uW by cither a Change Order for a substitute or an WXOWO Shop Drawing for an "or equal.";ENGINEER shall adift corMucffii in wrias of any negative determination. D. Special Qk=n$= OWNER may require CONTRACTOR to furifish at CONTRACTOR's expense 4 special paft%harice gubrantdd & offi&suretywiffift5pedtDsay substitute. E. EIMMER'sCostAdinburiemeno ENCHNEERSba record time required by ENGIRM and ENGINHER's Consultants in Mluift sublefutd Oropo�d at aubm*W by CONTRACTOR Mint to parav*hs 6.05,U and.6.052 pur. and in... MW09 ChOW in the Contract Doan ieits (or in theProvmonsafanyWwdirmtomtrmm.ffiOWNERibrworkon the Project) occasioned thereby. Whether or not ENGINEER appko0w a substitute item so proposed or submitted by CONTRACTOR, CONTRACMR &H rift&umD%WERfar the dh#*69 of ENGINEER pnd ENOMR16 Cats for evompting each such proposed substihft F. COAMCTOR's Expense CONTRACTOR shall. provide, all data in support of any proposed substitute . or "or -equal" at CONTRACTOR's bxpivm. 00-700-17 6.06 Concerning Subcontractors, & .ppliers, and 01hM A. CONTRACTOR shall not•eihploy any Subcontractor; Sul*llit,&od*indiviftalqrcntily(induX"di*aom*Ole to OWNER as indicated in paragraph 6.06.K whather initially or as a replacemen4 against whom OWN18R, may have reasonable objection CONTRACTOR "I not be required to employanySubcd6actor, Supplier; or odwrindividualorentity to furnish or parlbrin any of the Work against whom CONTRACTOR has reasonable objection. Any person emp*W by CONTRACTOR at Subcontractors who does not perfm his :work in a proper and skillfal manuegr, or who is intemperate, dismdedyoroffierwiscobj*onable,,shall, at the .Wd= request of OWNER, be. forthwith removed from tree protect site and " not bb ouployod again in anyportion. ofthe Work without water consent ofOWNER. B. If the Suppl=.ent.ary Conditions raptire, the identity Of certain Subcontractors, Suppfic'morot=indivilda,dsorentities to be submitted to OWNER in advance for acceptance by OWNER by a specified date Prior to 910 EfFixtive Date ofthe Agreement;gd ifCONTRACTOR has submitted a RdOweof inaccordance with the S3vplmcntqly Conditions, OWNER's acceptance (either in writing or by failing to make written objection - theido, by the date indicated fbi acceptance or abjection in the Bidding Domtments or the Contract Documents) of Any such subcontractor, supplier, or other individual orcithy so identified maybe revoked on thd basis afreasonable dajeWm after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price "I be adjusts by tho diffimce, id the cost occasioned by such replacement, acid aAsp . aupropriate CkmcOrdek ftlibeissitedor Written, Amendment signed. No aeceptjinceby OWNER ofany such Subcontractor, Supplier, or o* individual or entity, whether initially or as axoplacemait shall cmsdttft or be conatrueda's gwaiv& of anyrigbt of OWNER orENGINEERto reject detective work. C. CONTRACTOR shall befully responsible to OWNER and EKOINEML for all acts and omissions - of the Subooniractoj%' Suppliers; and other individuals or entities performing or fiunisIM any of the Work just as CONTRACTOR Is responsible for CONTRACTOW s cNvo acts and ommisions. Nothing in the Contract Doopmenu shallcreate for the beneefit of any, such Subcontractor, Supplier, or other ffidivi&al a entity any contractual relationship betweei OWNER o - r ENGINEER and anysudh SubcoMrsatai, Supplier or ofte individual or entity, nor aftil it create any W400 on The part of OWNER or ENGINEER to M or to am to the payment ofany moneysJue anysoh Subcontractor, Sypplier, or coral' individual"or viity except as mayotharwise bereguiredby Laws and Regulations. D. CONTRACTOR "I be solely responsible for scheduling and coordinefing the Work of Subcontractors, Suppliers, and other Mvi&U4 or entiftcs pOrforffift or famishing any of the Work undqr a direct or• indirect contract wife CONTRACTOR. E. CONTRACTOR " require all SUbcbntmct*k Suppliers, and such other iddividails 'or entities per*aift or Wpg an -ENGINEER ,.y:pf the Work to commmicatz with through CONTRACTOR F. The divisions and scions ofthe Specifications and the 14molicoons of any Drawings " not control CC)NTItAdWRindividim*Wm*amcogSubcotmAorsor Suppliers ers or delineating the Work to be pafinned by any specific trade. G. All Work perf=ed for CONTRACTOR by a Subcontractor ck supplier shb4,be PWMMW to an appropriate apumwt between CONTRACTOR and the Subcontractor or Supplier which speifimUybin&&eSubccnftctor or Supplier to the applicable terms and conditions' of the Contract Documents for ft be0fit of OWNER and ENGINEER. Whenever any such 4gtement is with a Su6contractof or Supplier who is Rated as an additional horn q;p the property insurance provided in paragraph 5,05,-the agreement between the CONTRACTOR and the Subcontractor or Supplier shall c0hinin provisions whereby the Subcontricw or Suppli& waives all rights against OWNER, CONTRACTOR, HNOWEER, ENGINEER!s Consultants and all other individuals or entities identified in the i;��-Ma taryOmompns t 'be list ed 9W as insureds or ad,#tional insureds (and the officers, direatiks, partners, employees, agents, and other consultants and subcontractors of each and any of thm) for all losses and omagwcaused by, arising. out of, routing to, ,orresulting from any ofthe perils or ou= of loss covered by such policids and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver form tobe, M signed by anySubcontractor or Stipplier, CONTRACTOR'" obtain. the SAM. 0.01 Patent Fees qjtdAoya1#es A. CONTRACTOR shall pay all license fees androyalties, and assume all costs incident to the use in the performance ofthe work or the incorporation in ft Work ofany urvention, design, process, progric. crdevice which is.t.hosub jcdofpatcnttights or copyrights held by others. If a particular invention, 40gN process, roduct, or device is specified in the Contract Docuihibts for use in the pahmmm ofthe Work and if to the a" kaow!edge of OWNER or ENGINEER its use is subject to patent rights or copyrWits calling for the payment of any, license .fee orroyalty toothers, the a,""noeofawhrighu shaft be disclosed by OWNER i n the Contact DocumentZ To the fidl6st, extent *mitted by Laws and RegWatiqi,s, I . .. CONTRACTOR shall indemnify and hold haridess OWNER, ENGINEER, ENGINEEIVik Conkiltifits, and the officars, directors, partners, emplo)m or ug", and other constiltants of 00-700-18 cath and any ofthem from andagainst all claims, costs, losses, and damages.(including but not limitedto all fees sad charges of anguicks, architects, attomeA and other projEssionals, and all coigt or arbitration or other dispute resolution costs) arising out of or relating tc any infiingenmt ofpatent rights or coprigbis incident to the use in the -perkrmance of the Work or resetting kom the inwiporation- in the Rork of any invention, design, process, ess, product, or: device not qkoffled in the Contract Do0uments. 6.03 Permits A. t!nless, offiawiW pibAd6d in the supplemmthry Conditions, CONTRACTOR shall obuin and pay for all construction pennips and licenses. OWNER shall assist CONTRACTOR, when necessary, inobtaining mmhpa=tsaw iio&=. CONTRACTOR shall pay all gova='ental charges and ingpiftfieft fe& necessary fbr the pros6cution of the Work which we applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility oWWs fiw connections to toe worlL. 6.09 Law and AVuWow A. CONTRACTOR shall give all notices and comply with all laws and RoguI40okis applicable to the oft1biomwo of the Work. Except where otherwimexpreadyrequiredbyappicabla Laws and Regulafioniisr neilh& OWNER nor`!hKGH4AF�t shall be Icip onsible for ificnitwhig CONTRACTOR!s compliinice, with any Laws or Rmulations. B. If CONTRACTOR pwitirms any Work kwwi#g or having; reason to know that it is contmytol#ws or Regtdation,$ , CONTRACTOR "I bear all, claims,: costs, losses, and dMageo (including but not limited to all *ids and charges of .dw 0%24 pro o ... 4 Arclifte attorneys, am dthe)r' W nals and all cow or arbitration or other diaptite rasblufion co$s) apiming out of or relating to such WoxV4 however, it shall not be CONTP.AcrOR's primary ieili"'bility to make certain that t1ii'Specificadofis and Drawings we in accordance with Laws and ft"op" s, but this shall. not relieve CONTRACTOR of lbokRA, 9**r,OWs obligations uhckr paragraph 3.03. C. Changes inLaws orRagWafimsmotkmwmatthathmeof opening of Bids (or, on"ithe EfFective Date of the Agreement if there,were -no Bids) having an effedt on the cost or time of palbrinmeoftlizWork inybe the subject of an o4justmefit in Comtrao Prim or Contract Titter. If OWNER and CONTRACTOR are unable to I agree on efflitlemem to or on the amount or extent, if any, ofmy such adjustment, a Claim maybe made th&efor as provided in paragraph 10-05. 6.10 Taxes A:, CONTRAMRshall pay all selcq, consum�n use, eid similar �ar taxes requiredto be paid bi-bONTRACTOR in accordance with the Laws and Regulations of the place of the Project vftch are applicable during Ow poiftnixxo of the Work 6.11 Use of Site and OlherAraw A. LEWhallon on Use ofSks and otherAreas 1. CONTRACTOR shall cofiffie constiuction eqUIPM014 the storage ofmaterigis and equilmneft W,010 operations of workers to'the Site and ollia-" permitted Laws E�and Regulations, and 'shall not unreasonably dPcmiiber the Site find other Ais with construction colimmt of oftr matmjqU or equipment. CONTRACTOR shall assume full rNipicisibility for by damage to anysuch Ispid or area., or to the owng or oocWakt thereat or of *:adjacent land or areas resulting p6ibrmance oftlic Work. , g fiom the 2. Should shy claim bd maddby any such owner or occV911t bec:41106 of the Po*"Pffto of 010 work CONTRACTOR shall promptly settle with 9* offierparty bynegotiationi` of cleiiw resolve the claim as provided by law. 3. To tits fillest extent permitted by UV4 ;and Regulations., CONTRACTOR sliall indemnify- andhold ha;;&essdMR, E NOINEER, 1*0 SCUM11,011; and the offims, dh*M, partners, employees, *nts6 and ad= consultants ofeach and any of didin fi-om'and against costs, cUMW,W0� and dovigo (including but not HMW to all feWand charges of 00gigoers, architects. ad=c^. and ' o0w professionals and all coW or other dispute resolution costs) arising out of or to any claim or action, legal or equitable, brougbt !V" such MY mmor or ocoqpgnt against OWNER, ENG"'DM% or -shy other party=iddeignified htrevadsrtoth6`wfttmqsbd1 y& bilsed upon CONTRACTOR'S performance of the Work. CONTRACTOR shall to the gr=ted:cxtw allowitble by law, hold harmIciss adindc=*OWNER fim andWM any and all sidts. Causes of action, and a" and all Habilityof any 114M Misbg out Of or in contlectiob with CONTPtACTOR's h*grnt or 41*4 "OfftO COMIYVAth any law or regulation, including but not limited to any Claim fOr 4unctive relief or V In"y attinWs fees incurred flkie B. Remo*l qfDebris Dqjlngper .formajRcu of the Worl. During the progress ofthe Work CONTRACTOR shall keep hie Site -and other areas fiwfrom accumulations ofwaftmatariw% rabbisk-afid other deblis. Removil and disposal ofaucifi waste m"41s, rubbish, and o" debris shall confiain to applicable Laws and ReffiiIaticiiiR. 00-700-19 C. avang-4 Prior to Substantial Completion ofthe Work 9_* CONTRACTOR' shall clam the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shallremovefromthe Sitbsgrobots, appligwes, emstritedon equipment and machinery. and surplus materials and shall restore to anginal condition all property not designated for *WM6 by 06 Catitrad Documents, - D. Zbg4#,gSh-uc1um., CO14TRACT0R*M*31ogd= permit arty part of any structure tobaloaded in aoymarrncr that shall endanger the stricture, nor shall CONTRACTOR subject anypart ofthe Work or adjacent property to stresses or pressures that shall endanger it. 6.12 Record Documents A. CONTRACI'ORdWImakAaininaoutplamotd2eSite one record copy of All Drawings, Addenda, Writteft Andmilments, Change Orders, Work Cbmage Directives, Field Orders, and written triterpretations and clarifications in good order and annotated to show changes made during construction. Then record documents together with all approved Samples and a couriterpart of all approved Shop Drawings shall be available to ENGINEER and OWNER fir rc&rencr. Upon completion of the Work, th6W record documents, Samples, and Shop Drawings 401 be delivered to ENGINEER for OWNER 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safetyprwartions and programs in connection with the Work. CONTRACTOR shall take all neoessaryprecautions. Jbr the safety og -and shall provide the necessary protectim to prevent damage, injury or loss to: 1. all per sans on the Site or who .may be mete d the Work, 2. all the Wdrk and materials and.equipment to be incorporati3d therein, W'hedici in at M"W" on or off the Site; and 3. other property at the Site or adjacent thereto, including irem lshmbs, lawns, walks6 pavements, roadways, structures, utilities; and Underground Facilities not desigaaW for removal, relocation, or replacement in the course of corstruction. B. CONTRACTOR shall comply with all applicableLaws and Regulations rrJaft to the sa6y of persons or property, or tothe protection ofpas=orproperty from damage, injury, or logs; and shall erect and maintain 41 necessOy iaftmds for such safely oopratection. CONTRACTOR shall notify owners cf adjacent property and of Undnround Facilities and ad= utility owners when prosecution of the Work may a&ct them and shall cooperate with them in the protection, removal, Td000tiori, and rVlademout of their property. All damage, injury, or lam -to griyprope'ityrtfifttodto id paragrap h or 6.13A-3 qw hmictly, in Whole or in partby __ed,di ,mcdyorhK CONTRACTOR, a!ky Subcon"etar, Supplier, or any other individual or entity directly or indirectly employed by any of thea-10,00*iM any of the W&JI, or mibnc for whose am a fiy of d-mm may be lWe, shall be iftwdi6d by CONTRACTOR (accept damage or loss attributable to the fault ofDray4ngs or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEEIVs Cacmltant, or anyone employed by any of or anyone for whose acts any of them may be liable, and not aWbW616, directly or indirectly, in whole or in part to the fault or Negligence of CONTRACTOR or any Subcontractor, Supplier, or other Jnoviduual or morly drady or indirecilyemployed byapyofthem). CONTRACTORs duties and responsibilities for safety and for protection of the Work shall continue until sucli time as all the Work is oomplated and ENGINEER has issued a notice to OWNER and CONTRACTOR in accardgtite with pmWVh 14M.B do the Work is accept ole (except as otherwise eWessly provided in connection with Substwitial Completion). 6.14 Safely Represenkifive A- CONTRACTOR shall designate a qualified and experionood safety representative 4 tha Site whose duties and responsibilities shall -be the prevention of accidents and the maintaining and supervising of safety 'kecauti4ns andpirogiams. 6.15 Hazaid Comamicallosi PrograMb A- CONTRACTOR shall:bc responsible for cpardinating any exchange of material safety dawsbeft or other hazard communication information required to be made available to or exchanged between or among employers at the Site in apa ce pordp= with I"s and R%ulaficns 6.16 4Pm ergencles A. In emergeticies affecting the safety or protection of persw or the Waik or proporty at the Site or adjacent themo, coNTRACToR, it obligated to act to prevent threatened damage, irdury, or loss. CONTRACTOR shall OwENGINEER prompt written notice. if CONTRA&OR beliam that any significant charges in the Workdr variations from the Contract Docum6nts have bd& caused the&by or aMY64uircd as aiesult tho" IfENGROERdotdrmines that a chaupin the Contract Docurpepts is ro 'red bpopise of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or amp Ordeushall be issued. 6.17 Shop Drai(Ings and Swnpks A. CONTRACTOR SW submit Shop Dz*whW to ENGINEER for review and approval in accor*pce-with the 00-700-20 2&APtWo schedule of Shdp Pr4v&jp and Sarnole, submittals. All subrOttals; "I beidoofied as ENGNEEpgayrequigtgo in Oc nWdW of copies specified in the General XqukqjnWts. IU data shown on the Shop Drawings "I be complete with respect to quajzdtic% difiiensions, sjeci6d p6forriumce, and desigh criteria, materials, and similar datito show ENGINEER the services, d**hK 40 CqUiPmAg CONTRACTOR proposes to Provide so P enable 9NGINEER to Iftiew the iafonnation B. CONTRACTOR shall also submit Samples to ENGINEER. for. review and approval iq somrdance, with th6 aeo*tji ,bIe schedule ofShop, Drawings and Sample sdbmitWs. Each Sample *ski be identified clearly as to material, Supplier, perftent data such as catalog mmibera, and the use for which intended and otherwise as'M4GINEER may require to enable ENGINEER to review the submittal for the limited purposes requir'ed. bypWOesO 6.17X. Who nuffibcfs of each Sample to be spbruitte4 shalt be, as specified: in the SpecificatioM. C. Whdb i ' Diming or Sample . ple is refitred -by the Contract Documents of the schedule of Shop ]]swings and OP Sample submittals acceptable to ENGINEER as riquh%d by paragraph 2.07, any rdlaW Work pej.1mmed prior to ENGINEER's review and approval of the pertinent submittal shall be at the sale expense and responsibility of CONTRACTOR. I. Before subrOttift'S each Shoo Drawing o.r CONTRACTOR shall have determined and verified: a. all Hold measurerricu%, quantities, dhncnsjms, spowwouftniance cfit&A mshftoft*Wft,6fs, Materials, catalo8zhunbeti iodsfmflwinfonttatignw aspect thereto; 'b. all materials with 'respect to fijj&Aed use, Weation, shipping; Ufidling, storagO, assetfibly, add iWaUati0UP!9Wi*g to the perfimpuico cifth-0 Work, c. ail kfbrznqjzon rcIadv6 to ipeat�s, m pdu*, techniques, sequences, and procedures of construction and SaMY precautions abil'programs incident thereto; and d. CONTRACTOR shall also'bave reviewed and coordinated' each Shop Drqwini or S"Ple with other Shop Dmwfirp and Samples and with the reqt0i;mc= ofthe Work and the Contract Documents. 2. Each submittaltb9l-bwastamp orR , 'cwntft indication that 66thRA61611 has satisfied CONTRACTOR's obligations under the conuvA Docurnbuts with respect to C&TRACTOWs review and approval of that Hawmittal. 00-700-21 3. At the OM of each submittal,, CONTRACTOR shall give ENGINEER V001fic mitten notice of such variations; if any, that the Shop Drawing or SRt*e submittodlihay have -Emm the racUffi=crds of the Contract DW=6ntso such nofice'to be in a written cojimuuicstio'n *WW Rom Aho submittal; a4 in afticn, stall c(um a SPed4o 000flon to W made, on each Shop Drawing and Sample submtted to ENGINEER for review'at4d appjvval of each such variation, E. ENGMER Is Aiview 1. ENGINEER shall w*JywW6W k W . thd approve Shop Draw ,W od Samplab in accordance with the *to* of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval shall be Wyto doaiiine ifthoiterus covered bythe subtnftlalsshall, af * ipstallptjon or incotmadon in th6 W6rk conrwn to the ififiPPOW giVbn ill 'the Cohftct Doduraidbts and bb compatible with the design concept ofthe completed Project as 2 fiffletionirg whole as indicated by the Contract Doomaks. 2. ENGINEER's review and Vp�&m ibannotextend toom %me!hodstodiniqqdg,scqtWpe%orpropeduraof ,wL cOnstructLon (except where a particular mma% method, technique, :sequmm or procedure of construction is specifically and expressly called for by the Contract Doeum..q . *) or to safety precautions or program inoid6nt thereto. The review and approval of separate hft as such AnIH not h4cate approval oftbe, assemblyin which the ibm fbactions. 3. ENGINEER's review. and approval of Shoo Dm*irAp or S41APION shall notti-elieVeVONTRACTORfivin responsibility r my variation from the rpquirernents ofthe Cb116Bct:Documents unlew:C0N-ijtk R-has in writing called ENGINk8ft's attention to each such variation at the time .ofeach submittal as required byparagriph 6.17.D3 and ENGINEER has givoi mitten aporoom of each such V"ohby SPWfic ynitpon notation ther9ofihc6TdnMd in or accornpapft the Shop Drawing or Sampl6apprava shall any approvalbyENGWEER "relieve CONTRACTOR . *oii responsibility f6i complying with the reqW=Ats of the ConAract Documents. F. Resubm#pj Pro*tpw I. CONTRACTORshallmalwcmTectiopsrequkWby ENGINEER and shall return the required munber of corrected copies of Shop Drawings and subjWt as required MW Sat VI for review and approval. CONTRACTOR shall direct specific attention in writing to rvvisio4s other than the corrections called for by ENGINEER an previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry an the Work and adhere to the progress schedule during all disputes or dimpftMits, with OWNER. No work shall be d4wed or PostpoW pawing iresomonc-fanydisputes ordisagreements, except -as.per .*d bythe Cmb2dDocuments orasOWNER and CONTRACTOR may otherwise; agft in writing. 6.19 COAMC719R.v General Warm* a#4 Gwarantee A. CONTRACTOR warrants and guat-4ptees to OWNER, ENGINEER, and ENORMttV a Cadtilta!118 that all Work sball lid in accoidarice vHth the ContractDoctuncits and shall not be defective. CONTRACTORawarr . antyandguaraiiWelier6under excludes defeats or dame cauvW by. 1. abuse, modification, or improper maintaia= or aperatich by persons other theri CONTRACTOR, subcootractors, Suppliers, or any other individual - or cWhy for whom CONTRACTOR is responoibld; or 2. normal wear and tururidernormal usage - This warranty shall guarantee all work for a period ofdm years fiviA the date ofacceptance oftbe Work and final aomptanceby the OWNER, except for equipment, motors, electrical controls and other mechanical devices that shall be suarantced for a period of two years from the, date or acceptance end use ofeach item of equipment by OWNER unless a different guarantee period of time is specified under c&a parM of the Contract Documents. B, cONTRAcTors abliga0cm to perform and cornplete the Work in accordance with the Contract DocurnMits shall be absolute. Now ofthe following shall constitute an accepwriccof Work that is not in accordance with thd Contract Dom means Ora release ofCONTRA,CTOIVsobligation toperform theWbKkin accordance with the Contract Documents: i. observations by ENGINEER; 2. reownracii0ation. by ENGWEER Or PAYnIcut by OWNER of anyprogress or final paymft4 a. the issuance of a certificate of Substantial Compidtim by PINGINEERar any baymeat related thaiio by OWNER; 4. use or occupancyofft Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do sq. -6. any review and approval of a Shop Drawing or "la submittal or the issuance of a notice ofamptability byENGINEER, 7. any inopection, WS.4 or Opproval by. otheM or -& any omwdoft ofd*cdyc Work by OWNER. 6.20 IndwwYkadon A. To thbfullest extent permittedby law, Contmai6j'agrees 'to'iiid, stall indemnify, deftd and hold harmless the Owner. the Ehoobt, EngmWs consiiltants tad the ofticers, employees, boards wd commissions ofeach and arw of than from and against any and all claims, suits, judgments,judgments,, costs, attorneys' fi=, damages or any and all other relief or liabilitymidig out of or resultaig from or broujoi, or alleged to arise am of, anyacts ornvgUgcnt acts or omissions ofCd*a&m or Contractors oflic ers. atiplWes, agents or subcontractors in the perrarma'= of this agreement, or -wising out of or in connection with litigation based on anymeahardes lien or other claims, suits, judghents and/or demands f6r damages by subcontractors. In the event efOnydatich agaifist IM Ovhw, its officers, employees, agents, , boards orcomffiwMs_by thsfaregoing dutyto indannify, defi3nd qpd hold harmless, such achon rbaU be deftwed by legal counsel ofOwna% chcow& In the event and to the extent to my kgM work is *&fined by Owners in houmleplcmnsdpumamtoffieprovmmoffts section, o*mershall bereiinbubWbyContractor for such iegd work at the rate ate of $200 per hour, Which raceCont� hereby agrees and admowkdges to be a reasonable rate for such in - holm attorneys! Jim& The provisions of this pT h shell survive any expiration and/or temnatuod ofthislagr eement B. 'CMftctUr_S0 n-Inftacation. To the fullest extent by 1*, and -66twithitanding'miy0iing to the contrary in ft specifications, plans or ConVact Documents, Contutr hereby warrants and represents that it has ffiormWAy and carefully reviewed all ape4cations, plans and Contno D=qna*.Md Coq.tractOr herebYWtives. T610,0M ifldPmam and agrees to hold harmless Owner, En&m. Engimer's cmsultants; and W end all other entities which may have contributed or -bow involved in or with the preparation or drafting ofahyplans, specifications or Cwftf D=Wn% an,! the officers, employees, boards and convifissions 0feaCh wd MY of ihim fthi and against any and all claims, suits, judgments, costs, attorneys' fees; darfiages or miy afid all other relief or liability wUmg out ofor resulting from or through, oraeged to grise, out of or through, ambiguities, errors of corifficts in such sperifications, plans or Contract Docurnenta. Contractorhereby ageisaii,dad=vAodgesduktan ysuchelahm,sW%judp=K coft.atwrvqs! fees, damages or any and all other relief or liability shall WWr%dy;#d per sebe basil upon thdresdtfitim CaAWAoes negligent sots or omissions in Win- to detect any such errors, ambiguities or co4flicts. The provisions of this paragraph shall survive any expiration and/or toWnatio4ofihis 00-700-22 agrOftent. ARTICLE 7 - OTHER Won, 7.01 Jt*pqd Wo4 at site A. OW14ER mayperfbm other workralatedto the Project at -the Sihi"or let other direct coattacts therefor, arlmve other work performed by utility owners. If such other work is not or noted in the Cloafto Docup=ts, then; 1. Vniften notice thereof shall he given to CONTRkdMR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agrep on entitlement to or on the AnIcuAt or eqdeu4 ifany, of any adjustment in the Contract pike or Contract Times that should be allowed as a 'result of such other m% I a Claim. bay be made therefor as provided in paragraph 10.05. '"' B. CONTRACTOR s ' hall afford a ' ach ate cdpft�vft is a party to t�nyr 'de** in the 9.mb2a or wcrk as Pv above and each udhw owner (and OWNER, if OWNER is per&rming the other work with OWNER'S employees) proper and 8&:acms to the Site and a reasonable oppotiunity, for the introduction and 0*46 of materials and d4uipmetit and the execution of such other work and shall Properly coordinate the Work with theirs. Unless; otherwise provided in the Coi*act CONTRACTOR shall do all fitting,and patching ofthe Work that maybe required to proper dffiemse, mew its several Parts come torthef end pimpexly fiftgratb yn& such o&w work. CONTRACTOR dhall not endqgcr4qy wo*ofoJ.hcn bymitting, extavaftpro6orwise akerin , i work and shall onlyent or alter theirw9rkwith the ;Mitten of ENGrNEER, OWNER -and the others whose Work may be affected. C. If the Proper OxM*n Or results of any part of CONTRACTOR's Work dep ends upon work perft=W by others under this Article 7 CONTRACTOR shall inspect such. other work and promptly report to ENGINEER in writing any delays, defects, of dcliciefici6s in such a%& work dwrohd& it unaVailable or -unsuitable for the pfoOr c*q" andres0toof CONTRACTOR's Work. CONTRACTOR'S figure to so report shalt constitute an acceptance of such coer work by CONTRACTOR as fit' and 'Proper for integration with CONTRACTOR's Work except for latefit dAdLs and &i.ciencie.s in inch other wfti 7.02 Coardinailon A. If OWNER intends to conbut with o&iis forithe p6iffirmance of other wdtk on the PrOcat at the Site, the MMIM shall W set forlh in SupplerneutaryConditions: I. the individual or entity who shpH have an" - ap responsibility fiw COOVilination of the activities among #,)a various contractors SM be identified; 2. tbo*&.'Aomutters tbb.ocovatdbytuchm&m* and responsibility shall be itemized; and 3. the extent ofsuohauthorityandrespmdWjwshad be providc(L B. Unless 01hervAse, p"vidod :in the, Supplementary Conditions, OWNk4sb ' leave sole a%harityapdrFmp"Vity _,qU for such coordination. :ARTICLE 8 - OWNER'S RE8PONSEBHXFMs .... . ................ -8.01. qM'MiWJ&d#0M�t0 con!Mcfor A. Except as o0xm'se, provided in these General CdiM&A OWNER — " issue all commigdeations to CONTRACTOR ff=%h ENGINEER. B. Requirements to Providp Documpts. To to extent 0MY MV available, the OWNER shall furnish surveys describing 0*cal characki6fics, legal fiNtations, and uit'h'tylocafions for the site ofthe Piqject, and a legal denfiption ofthe Site. The OWNER mhq# -qbtqlp and pay for nwoMry approvals, casements, assessments6 and charga which are cWtomarny secured pini-or'lo the execution ofthe Contract, Thb OWNER ftU ffimM inffifination or services r6quftW of the OWNER hereunder whh Knable, rim I . - prot"UM$AW receipt from the CONTRACTOR of a written request for such information or services. The OWNER 9A pibvide the CONTRACTOR, at no cbstgi; such COPits Of tile' Project Manual as &e reasonably MOMMY for the execution ofthe Work- C- OWNER's Right to Perform Construction and to Award Sepal ate The OWNERreserv= thenghtta, pwfDrm construction or operatiogs at the Site with its own joeces or - other s. If the C0NTRAdTOR'clalwIhM a delayofaddidorial " is involved boo&= of such action by the OWNER, the CONTRACTOR shall make such Claim as provided elsewhere in the Contrad Do.c. umin'W". When dte #@araw cbnftcw arc awarded for diftwd portions 6f& Project or offic; can str mcdonora CIM porati on(he site, the, term: ,roatmewe, in the CoaftactDocuments in each case shall mean, the Contractor who .. executes each separate OWNER -Contractor Agr=ntht; 00-700-23 The OWNER shall provide kkcoordination offie activities of be OVMEVp own fbrcts and of each separate contractor with the WorkoftheCONTRACI701?, who shall cooperabe with thorn. Tlip CONTRACTOR affM4 each otff P419m access to the Site and shall properly coordin*e its Work with that ofthepersons performing other w� The CONTRACTOR inftvj6vhngflr4r coAgtructiou, scheddles when dkwbcdtDdoso. The CONTRACTOR shplj, make spy revisions to, this cor-mft.g.oftenschodkAesdc=cdneoesmwyaflcr4jo.Wrc*wO,W. irii�agreem6t. The cm"truction* schedules".. then constitute the schedules to be used by the CONTRACTOR, s4wate contractors, and the OWNER ufiffl -subsequently revised. D. Limitations on the OWNER's Responsibilities, The OWNER shall not supervise, direct, or have omt.ml or•audiority over, = be responsible for the CONTRACTOR'S means, methods, t6chniquft sequeficesi or proo6u" ofediistiWAonor the sifi:typrecautions and program incident MWO, or for any failure of the CONTRACTOR to comply with IwA% c6d. a, and rVilationi applicable to the fimiishing or performance of the Work. The OWNER will not be rmponsible, for the CONTRACTOR'S Wure to perform or fimiish the Work in accordance with the Cohtrad Documents. The OWNER is 'dot respoggiblefior ft *w or ornisdons; offtCONTRACTOR, any Subcontractor, Supplier, or anyone for whose acts the CONTRACTOR, any Subcontractor or Suppliers may be liable. The OVAqR's audwfity . to review any of the CONTRACTOR'S progress'schedules, or its decision to raise or not toraise anyubjectiolls about such schedules khallnotimposo an the OWNER any responsibility for the timing, planning, scheduling, or execution offlic Work nor in anyway give riseto, any duty orreap onsibilibf on the part offt OWNERto, exercise this mithorky for the benefit of ft CONTRACTOR, any Subcontractor or Supplier or any other party. The OWNEFVs decision to raise or not td'talse objections with regard to any aspects of the CONTRACTOR'S mamma dwU in no way give rim or to anydaty r espo, . ftibility an the part of#ie O'WNERtD or for thetepefit oftheCONTRACTO& any Subcontractor, apy Supplier, or any other party. E. RescrvatioriofRightL Tim OWNERreservesifierWto correct at any time any aibr in mlypt6grm payment that may have beib ma&. Should detective Work be diso.overed sabseqtgmt to finalpayment, Ma OWNER reserves the A& to WU a claim and recover all costs and professional &0s assaamed dierewith, including the cost of removing mid/or replacing the defective Work. . F. Waivers. All waivers by -the OWNER are valid only to the extent that they we signed by the OWNER. Any such waivers pertain only to the specific matter contained in the waiver and not to any similar, subsequent matters. ARTICLE 9 - ENGIMBERS STATUS DURING CONSTRUCTION 9.01 oWMR'SR46Asentat!w A. ENGINEER shall be OWNER'S Irepyegnutiveduring die construction ,'rich. The duties and respoacsibdiiiesatmthelunitatiohrsofau OWNER' a representative during construction are sd diinthe Cafitiact Dmuntits and shall not be changed without written consent of OWNER and ENGINEER. 9.02 Frs;Us to Site A. ENGINEER shall make visits to the Site at inta*019 appropriate to the various stages of .construction as tNdMEEK rea§0WdbiYd.c0W nkbosaryin oria to otwofVethe progress that has been made and the quality of the various aspects of CONTRACTOR'S bwapo Work. HMO on information obtained during such visits and observations, ENGINEER, shall determine; in general. , if 'the Work is proceeding in wordaim with the Contract Domments. ENGINEER shall not be roquired to make exhaustive or continuous insp&.tioos on the Site to check the quality or quantity of the Work. On the basis of such visits and observations, ENGINEER shall keej OWNER informed ofte Orogress of the Work and shall use its befit effiffts to guard OWNER against d*DUVC Work B. P-NPMER7s visits and observations ate subject to all the lirgitations an ENGINEEIVs authority -and responsibility ad forth herein,and iparbcdarly, but without limitation, dieing or as a rbwA of ENGIKEERs visits or observations of CONTRACT 0R!s Wart ENGINEER shall not c� _ =*4 or have; authority over & be supervise:, I dfi=4 - responsible for 66MRACTOR's means, methods, techniques, sa4umea, or procedures of construction, or the -Mfoty #icautichs and programs incident fid1rdto, & fbi any failure of CONTRACTOR to coMly, with Laws and Regulahons applicable to the performance of the Work 9.03 PWedRepresedoUve A. if OWNER mid ENGINEER agree., ENOMR "It ftifth a It6sident Project Representative to Awat ENGINEER in providing more oil 609ve 06060tion; of the Work. The responsibilities and authority and limit do thereon of any such Resident Project Rqarescutative and dstants shall be as provided in paiWaph 910 and in the 31pplilernewivy Conditions. If OWNER designates another repregotative, or agent to represent OWNER at the Site who is not ENGINBER!s COP4104 agent or =VIOYck the 00-700-24 ro8ponsibilit' #* and a4ority kd WWons dweon of such other individual or entity shall he as provided in the SUPPICnicutary Conditions. 9.04 C1ar#ka&& and int"retations A; ENGINEER shall ' issue with reasonable promptness such written cla.rificado% or interpretations of the requirements of the Contract Documents as ENGINEER may di6eriniiienecessary, which shall be consistent with the intent of and reasonably inferable fioni the Contrid M6=6nts. Such written clafifications 90d interpre�etions shall be binding cm OWNER. and C0NTRACTOR, 9.05 Authorised Variations in Work 1� A. ENGINEER may1uthorimminor variations in the Work fim the*0bobMW ofthe Cgntthot Docukma which do not involve an aigustingnt ilithe ContractPtice or the Contract Tin= and we comp atible with dwp concept of diecalptikow6ii e- with, inilicaiedbythe Cur UVA Documents. These may be accomplished by a Field Order god "I be binding on CONTRACTOR, who shall pgrfi)m the Work involved promptly. 9.06 Rejecting De, work AL ENGINEER shall, hm authority to d!skVrM or reject Work Auch ENGINEER Whom to be defective, or that ENGINEER believes " not produce a completed PrOjed that c*nfbrM to the Contract Doe "-)Cats or that shall prejudice the integrity of the dWSn concept of the CIMVW I�Project aia fimctioninzwhole as 'indicated by the C011hid DOM66116'. BNOWEER'sliall also have aWhority to require spectral inspection or testlAg of the Work as provided herein vkdh& w not the Work'ie tailed, fabricated, ins at completed. 9.07 Determinations for -Unftprice:Work A. ENGINEER shalt 4906*w the goW qugntiow and clagaificoOom ofUnit Price Work.p0ekV0 by C6 "ENGINEEk shall review with CONTRAC*fO]ktine ENOR4M'sordhnbmiydawngnatims on such matter's belbre r6dering a written decision *d&n (by recomMOVIatim of an Applicatift for PaynUat or otherwise). ENOMER'svMttcndg0sionOiareon"lbe"gddbhxfn (except as modified by ENGINEER to reflqct cli4nged hokW conditions or more :accurate data) ppon OWNER and CONTRACTOR, subject to the p&v1sions ofpmmvvh 10.05. 9.08 Decislow oh R6quire*mty of Conftc( Do,*Mgnts and Accep$qb1ft, of Work A. ENGINEER shall be the initial int erpreter of the requiremmts of the Contract Dw"wilts and judge of the acceptaMilityoftheWork thereunder. Clans, disputes and othef 1, matters t*tmg to ft ace4ftbility ofthe Work the quantities and classifications of Unit Price Work, the int.qpretation of the requirements of the Contract pocurneirts petiaining to the � of the Work, and Claims seeking changes in the Contract Price or Contract Tirnet shall be reieeriddinitially to ENG1NJ3ER in Wfift, in accudkm with the provisions of P@O"h 10-05, with a rop" for 4 fwmd "Sim. B. When functioning as provided under paragraph 9.07, ENGINEER shall not Show 'partiality to OWNER or CONTRACTOR and shall 6A be liable in 0011116WOrL with MV ifiWMr0Woh or decision rchdeffed.in good faith in such capacity. The rcpdcdng of a derision . by ENGINEER pursuant tot ' Msparagrzphq.oSwMreSpwAto8q sitch Claim, 'djqputc,,or O&w matter " be a condition precedent to -wr exercise by OWNER or CONTRACTOR of such rights or ftbaes as either rosy otherwise liave:under the Wch Claim, dispute, or other matter 9.09 L&iiadons on RNGZNM�s lutltonty and RespomMUtles A. Neither ENGINEER's authority or responsibilityunderthia Artifle 9 oruodo anyoftprovialonof the; Contract Dwmne= nor a ny decision madeby ENGINEER in good faifli efther"'to.exercise, or not exet'cisc such authority or respomsrbilityci undertalft exercise, orpitimance ofmry aWh*dty drr*0000ify by ENGINEER shall create, impose, or give rift to any duty in contract, tort, or otherwiw Omit by ENGINEER to CONTRACTOR, any SuboontraqW, any Supplier, any otter iq&!" M entity, or to any surety for or employee or aga& of my of them. B. ENGINEER " riot avervim direct, c0fdrol, or have tuthority over or be responsible for CONTRACTOR's MORM methods* techniques, sequences, or piomdu&s of construction, or the safety piecautions. and programs incident thereto, or f6rany WhircofCONTRA M-R to cQmply with laws and RegWadons applicable to the perkinth6c0oftho-Work. ENGINEERshall rot brresponsible -for -CONTP-ACrOWsfi&mtoperfxmt]wW,Mkinat .with the Contract Documents. : , C. ENGINEER shall not be reiponsible for die acts or dihissions of CONTRACTOR or of my SubpobtraqW, an ,ySxipplier,orofanyoOwiildMduglai:enfityperfmyaingghy of the Work D. ENGINM's review ofthe finalAMcation for Payment end OMMOMY1119 ilocumeatetion and all MinftaW* and operating instructions, schedules, guarantees, Bonds,cer , MMOS ofinspection, tests and approvals, and other documentation required to be delivered I bypmmp% 'ph 14.07.A shall be to determine that their content complies with ifie requirements of and in the case of cetdficates of inspections, 00-700-25 t", and approvals that the, results certified oered indicate ammpliarm witk. the Contract Documents. E. The limitations upoh Authority and respon sibility set forth In this paragraph 9.09 "1 also Apply to -E N GI NE ER7- 9 Consult ", Resident Project Rive,'god ARTICLE 10 - CHANGES IN THE WOM CLAIMS M, 10.01 Authorised Changes in the Work A. Without invalidating the Agreement and W1111011tnOticff to 8119 SM01Y, OWNER may; at any tiii90r from time to time, order additions, deletions, or mWons ift the Work by Mitten AMwdqM# a Change Order, or a Work Change, Directive.Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which shall be 1,.d..d under 1b. applicable conditions of the Contract Documents (except as otherwise specifically provided)- B. If OWNER and coNTR.4mm are unable to Agree on artiflement to, or on the anxmt or extent, if any, of an 4uitmadinthe cm&actrtice4Contract Timms, orboth, that should be allowed as a*remdt of a Work Change Directive, 8 Claim may be made therefor as provided in paraiMh 10-05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be enfitledto an increase; in the Contract Price or an extension of the Contfict Times with respect to any work paftmdd that is 'not required by the ContractDocuments as amended, modified, or supplemented P provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the caw ofuncovering Work as provided in paragraph 13.04.11. 10.03 Emcurwh., .of Chqpige Orders A. OWNER and CONTRACTOR shall execute apjffp to Change Orders recommended by ENGINEER (or Wrftt,k Amendments) covering; 1. dwftw in the Work which are: (i) reqWradbylaw (iijordered by OWNER pursuant to paragraph 10.01A (in) required because of acceptance of defective Work under pwigraph 13.08.A or OWNER's correction Of "ptivt Work under paragraph 13.09, (iv) Agreed to by the Parties, 2. changes in the Con"ct Price or Contract Times which are agreed to by the parties, including M"W" undiaputed sum or amount of time for Work actually per&rmed in accmxhooe with a Work Change Dhwtive; and 3. changes in to Conduct Price C01MW Times which embody the substance, of any written decision renddrad by ENGINEER porsuft to paragraph 10.05; provided 114 -in lieu ofoxecuting any such Change Orde4 an M)pW may be tales from any such decision in at miens With the provisions ofth.6 Coffl-ract Dopubmts apd applicable 4ws and Regulations, but dining Any such appeal; CONTRACTOR shall carry on the Work and adhere to the prbgriss schedule; as provided inlparagr"�ph 6. 1 SAL 10.04 Nvt*a§on to Su" A. If tiouce ofany charige affecting the geneM scope of the Work or the provisions of the Contract Documents (including; but not limited to, Contrict Price or Cofiftiict Timm) is requiredbythe provisions of arty Bondto be giveh to a am*, the giving of spy y such no#ce shall be CONTRACTOR's responsibility. The amount of each appli4ble Bond "I be Adjusted to reflect the, eVrct of any such. change. 10.05 Claims and L)&ptdej A. Notice: Written notice stating 60 general nature Of each Claim, dispute, or other matter OWI be dclivcmd by the claimant to ENGINEER and the other POM to the Contract promptly(but in no event latc+than 30 days) arks the start offim event giving rim thereto. Notice of the amount err extern of the CI&M disputp, or other matta with m*porting data sballbe ddhqm-ed to the ENGINEER and the ofiff party to the CCMMd within 60 dwys aft the am of =& mat (unlesq ENGINEER allows Additional time for claimant to submit additional or more ac6utatvdata in support ofsu&Claim, dispute, or othernEft). AClaimfdr anAdjufted jjjCor&aetPH& sliallbibotpiii�dm appArdpee with the provisions of paragraph 12.0 13. A Claim for an Austpnent in Contract, Time shall be prepared in accordance with the provisions of Article 12. Each Claim shall be accompanied by claimant's written, statement that the .adjustment claimed isthe attire odjustdW'nttowMchdieclaimant believes it is entitled as a result of said emL The Opposing par.Ly shall. submit arty response to ENGINEER a within 30 days after receipt of the claimant's lkst submittal (unless ENGINEER Allows . additional time). B. ENGDX4R Is Debision: ENOMM shall reader a ftmal decMon in writing within 30 days aflef"c0iptofthe last submittal of the cWiqant or the last submi"I of the opposifig if any. INGNEER's written decision an such Claim, dir,putp, ce otheir matter shall he final andbindingtipMOWNER end CONTRACTOR milas: 00-700-'26 1. an appeal from ENORMWs de&ion is taken within the time limits and in accordance with the dispute, resolution prooedum set forth in Article 16; or 2. ifoo, suoh disputeresolutionproeedures have been so forth, in Article 16, a written notice of intention to appeal , Vol ENGINEER,# mitten decision is livered by OWNER or CONTRAMOR to -the other end to ENGDM9R within 30 days after the date ofouch decision, and a-forrual procceding is instituted by tfie aopeelingpa_dy in for* within 60 days alber the date of mich decision or within 60 days after Subttantial Conipleoon,'wkich * ever is labs'(unidsk c*avme agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the a ppeqgng pany.-=y have with ri'dwect to such Claini, diike, or other matter in accordw= with applicable Laws and Regulatiods. C. If ENGINEER do" not render a ftnal decision in writing widiin the time stated in pqragrVb. 10.05.B, a decision denying theClaim in its a*irety shall be deemed to luw6 been issued 31 dqyg after r"* ofthe last submitmf the claimant or the 14a subinjtW of the oppdft party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Nfilostones) shall be valid knot submi#edjti acc&dancewith this pwAgi*I0.'05. ; ARTICLE I I - COST OF THE WORK; CASH ALLOWANCES; UNIT PRIG WORK 11.01 C0StqfAeWdj,* A. Costs Included: The term Cost ofthaWorknfcans the sum Of 411 COM necessarily incurred and paid by CONTRACTOR In the PMw Parlormanebofft Work When the value of any Work covered by a Change Order or when a Claim for an ad*tmaht in Contraa Prici'l's adeikined on die basis 'of Cog Of the Work the costs -to be r6iifibctrscd to CONTRACTOR shall be qAy those additional or kofttog costs required because Oftht ChRW In the Work Or because, of the amt tOthe Claim. Except as otherwise maybe agreed to ' . ., by0WNER, such costs shall be in amounu no bighethin those prevail j4 in the. locality ofte, Fjq6g, " MOO onlythe following iftih% #0 " lint include any ofthe posts itemized in paragraph 11.01 B. I. PRWOn CDft for employees iq the direct mployof CONTRACTOR in the plk��'of the Work under sche&d0s of job classifiedtiobs agreed upon by OWNER end CONTRACTOR Such employees shall include without limitation swerintendentp, fmamen, :acid other persomwi, employees at the Site. Payroll costs far not 6WOYed fidl time on the Work shall be appoMoned on fli6 bads of their time sp6ft on the work. Payroll costs shall include, but not be limited to, salaries * WREN P"Os the cost of ffingg beaeft which shall include social seoud;yoo*bufiotL% uqmTI%==d, qrcjsr, and payroll taxes, workers' compensation, health and 00-700-27 retirement bcncfit,6 bonuses, sick leave, vacation and holiday&yapplicableffid-6to. Work 011W& of regular workft hour* on Saturday, Sunda of Igo holida)% Shall, be included inthe fiboveto the extent a*o#zed by OWNER 2. CM ofall materials and-equipme& jrniWed Mid kxorpm*ed In the Work, ificluding cogs Offf&VmfWon end storage thdroo.9 ond Siopliati 400 BW4i= r0pdred in connection therewith- A4 gash discounts shall sperm to CONTRACTOR unless OWNER deposits fimds with CONTRACTOR withwhich to make payments,in * which cam die'eash discounts shall accrue to OWNER All trade diso,ounK rebates and rMads and retium from sale of 99VIE materials and equ ip qjpm'nt shag . �q ecrue, to OWNER. Mo CONTRACTOR shall inake provisms so dX they 3- P4=nW made by CONTRACTOR •to Subcctors for Work perftined by Subcontractors. if mpred by OWNER, CONTRAdTOW shall obtain com ipedtive bids from subcontractors acceptable to OWNER and COATkACr6iand shall deliver such bia s to OWNER, who shall then, detimme, with the advice of ENGINEER, vftchbids,ifany,shall lie acceptable. Ifany subconbuoprovidesd*ffiOgidiobfibacWittobapaidca the basis ofCostoftheWork plots aft- the $0990toWs Cost 4the Work a pd fee shall be downined in the same manner as CONTAACTOR" s Cost 41he Work and feeas provided ift tho P611%graPh 11.0.1. 4. Co* Of OP90191 96fiffillt.a.ws (*19.ding -'but not Wetted to MVHM. 4rClu� testing laboratories, mrMws, attorneys, .and accog ,nigap") wVloyed for services: speefficallyrelated to the Work. S. Supplerawto ems including -Ord following: a. The proportion of necessary traj travel, and .m&siencxCXPMM*fCbliTkACTOR!s en3plcyi6 incurred in discharge of duties Connected with t.b.0 Work. b... Cost, including transportationa;ld maintenance, of all :inateria4. supplies, copmellk mad&efY, appliances, office, and temporary &mUties at ft,Sitc, and band tools not owed by the workers, which are Onsumed in the pertrinance of the Work and cost, less market value, of'such hqp vwO but not consumed which remain the property of CONTRACTOR c. ptgnws Of all,con , " * I. pd'd and .. wtwffiva cqqipt .... machinery, and the parts theMf Whether related from CON7 jtAdMR or others it, accordance with rental aymments approved by OWNER with the advice of ENGINEER, and the costs oftransportation, Wedfti& unloading, assembly, dismantling at d=0valfteof All such was shall be in accordance withtheterms of said rental, agreements. The TCnW Of MY Such equipment, machinery, or puts shall cam when ft use thereof is no longer necessary for the Work: d. Sales, coftsioner, use, and other similar taxes related to the Work and fat which CONTRACTOR is liable, imposed by Laws and Regulations. e. Deposits log fi&causes other than negligence of CONTRACTOR; any Subcontra0m, or anYbho directly or kdhwdy employed by any of than or for whose " any of them may be liable, and royalty payments and few for permits and licenses. f Losses and dimages land related =Peiases) caused by damage to Owe W0k. not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perftmamw of the Work (except losses and damages witliln the deduc0le amounts of pjapefly insuraficc, established in accordance with paragraph 5.05),providedsach losses aW damages have radtqd from causes other than the negligence of CONTRACTOR, atW Subcontractor, or anyone directly or indhwtly employed by anyofthem err for whose acts any of them may be liablm inch losm shall include settlements made with the written consent and approval of OWNER. No such losses, damage% and qqmnses shall be included in the cost of the Work for the purpose of determining CONTRACTOR! s fee. g. The cost ofutilities, 114 and sadwyficilities at the Site, IL Minor expenses such as telegrams, long digtaice telephone oak telephone service at the Site, exprcssage, and similar pony cash items in oonnectioh with $0 Work. j, When the Cost of tho Work is used to determine lire value of a Change Order or of a Cis* the cost of prenim-ums for additianal Bonds and insurance,1N w� uired1ofthecbang-tsinthdWodr or by the event gift rise to the Claim j. When all the Work is pafon* on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTORisrNuavdbytheCmmd Dotunvents to pwrlwe amid maintain. B. Costs E=Iuded. The term Cost oftbe Work shall not include any of the fbIlowing items: 1. Payroll costs and other coinjiminflon of CONTRACTOR'S officers, executives, 'principals (of pmtxrsfiips and sole proprietmhips)"Ondra, managers, epopea-S, 'WS, auditors, WNtects, CStkUW accountants, purchasing and contracting agents; expediters, hm&Axpers, GIOU and other personnel employed by coNTRArroit, ww&cr at the Site or in CONTRACTOR'S principal br branch office fir -04" a4mW*0cgj ofthe work gotinot specificallymcludedin the ag-reedupon schedule of job claWfiqatims rcfelrrcdtO in paragraph 11.01A.1 orspeci5callycovered byparagraph 11.01 AA all ofwhich areto be eongderedadi[unistrative costs covered by the CONTRACTOR's &-r- 2. Exponitca of CONTRACTOR'S principal and branch ollicas other than CONTRACTOR's office at the Site. 3. Any part of CONIJ.LAC✓ rOWS Capital expenses, including on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. coo due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any ofthcm or for whose acts any offlIent my be liq01% including but no, limited to, the correction of defcotivo work, disposal of materials or equipment wrongly iapplied, and malting good any damage to PrOPOrLY. s. Other overhead or general expe . nse costs of any kind s.ndthe cost ofany item not specitcallyand expressly inchuled, inparagraphs I LOLA and 11.01.8. C. COATRAcToRs Fee: When all the Work is perbmed outhe basis of cost-plus, CONTRACTOR's ftiball be detapined asset forth in the Agmenicrit. When.. value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cast of the Work CONTRACTOR's fee shall be ddAmined as ad forth in paragraph 12.01.C. D. Documentation: Who qM the C* of the Work for .yp.poseistabedoWminWpmwwttDparagmphr, 11.01A and I CONTRACTOR " establish and maintain records thm-dofinact vvithgen&gyacMtrdwmuo&g practices aiid submit in a fora acceptable to ENGINEER an itemized cod breakdown ftetheewitk supportWg data. 11.02 Cash Allowances A. it is duderstood. t1W CONTRACTOR has inchided in the Contract Moe all allowaom so named in die Contract Docummaq shad the Work K enerformed for coveted .... ...- such sum as may be acceptable to OWNER and ENGINEER. CONTRACTOR 49,100S that'. 00-700-29 L tbsallowances ino!uOethe ettoCONTPACTOR Peas any appbcqble trade discounts) of materials and equipniontrequimdbytheallowencestobcdcliveredat&a Site, and all applicable taxes; and ARTICLE 12 - CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TMS 12.01 Change ff Contra tpr,ke 2, CONTRACTOR's co*, for Woadifig 40 A. ThoContrast Price mayonly becbmSOdbyaMange .hp&'* on the Site, labur, bur, installation costspate8d, 0rddt0r:byAWrftWAn=drdbnt. AnyClainiforan4ustmeht profit and other expenses contemplated for the aflowances in the Cant" Price shall be based ou written notice submittod have included in the Contract Price Am not M' thi bythe pat ,V making the Chuni to the ENGINEER and the other allowhabits,..cad no demmd fat additional payment an party to the confract in accordance with the provisions of awoudt of any ofthe fomoin 60 be valid. 9 Paragraph 10.05. B. Prior to final payment, an appropriatediange Order "bcbmmd.asrw�dbyENODIftRtorefledactual amounts dtic CONTRACTOR on account of Work covered by allowance:;, and the Contract Price shall bd cwfbspwWn1gly ad"4#td& ,j 11.03 Uh1t.Pt*e W ork A. Whirethe Contract Documents providetbat all or patt ofthe Wq*k is to be UAit Price Work, inftiallytW Control Piioi shall be dmwd to include for I all Unit Price Work an awomt egtral to the M softhe Unit prio 1br each separatelyiddh0ed item of Unit Price Work times the estimated quantity of each item as indicated in dicAgroctneaL no estimated quantities of items of Unit ftco Wokk are not guaranteed and we solely for the PwOc* of oodq4ds - 6h of Bids and deterift ah initial Contract Price. Determinations of " actual quantities and classifications of Unit Price: Work pw&mmd by CONTPLACrOR, shall be made ade by ENGINEER subject to theprovisions, ofi)araV*h 9.08'. B. Each W pfice shall be deemed to inelpoe, an mount considered by CONTRACTOR to be a*uatc to c ' am CONTRACTOR's overhead and profit for each separately idintified item: C. OWNER cTCONTR4CTOltiosymakeaClaimfoeah adjustment in the C0441W Price in accordance with paragraph 10.05 if! 1. the quantity of MV Win of Unit Price Work P&hnned by CONTRACTOR difffirs materially and significanOY from the estimated quarrhty of such iton indicated in the Agrom Agreement; and 2. them is no corresponding adjustment with respect any other item of Work and S. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract result of having incurred additional expense or OWNER behoves that OWNER is entitled to a decrease in Caitract Price B. The value ofany Work covered hya change order or of ap Claim for an adjustment,iii the Contract price shall be y determined as follow 1. 'Wheibth6Wc&kinyohiodiscoveredbyunit contained it! the Contract Davhoft by application of 814h unit Pic0s to d* quantities of the items involved (subject to the provisions of paragraph 11.03 ); or :2. wh6fe the Work involved is hot covered by wit Ptims conWhed in dWConkact DocumOnts, by a mutually -agroadjump sum; or 3. where he Work involved is not covered by unit prices contained in the Contract Dommxnts and agreement to a lump SUM is not riwh6diindirpahigraph 12.019.2, on the basis of the Cot ofthe.WO& (Mminindd as provided in paragraph I1.01) Plus 4 CONTRACTOR's feb for overhc#d;pd profit (determined as provided in para graph C. COAMUCTOR'sFee. The CONTRACTOR'sIbefor orvothdad and pirofit $W be determined as follows: 00-700-29 L agnituallyacceptablefiIxed-ftor 2. ift fixed fee is not agreed upoM6 died a fee baud on du Mowiog p%vemps ofthe various portiofis ofthe Post of" work for costs incurred under par; ,gmphsll.OIJLI and I 1.01.A.2, the CONTRAC TORIs fee shall be 15 percent; b. fo.rcouskwurredunderpmgraphii.oiA.3, ffie CONTRACTOR's fob shall be five percent; 0. whom one ormom tiors-ofg0boontracis Mean the basis of cost ofthe Wmic plus a'fee and no fixed *i6igagrbodupdk-the intent ofomug4'h 12.01.C.2.a is ;that the Subcontractor �ho actually p61•yarms the Work, at whatever tier, shall be -paid a. fee of 15 Percent Of the costs incurred by such Subcontractor under parbgnq&s 11.01 A.] and I 1.0l.A.2 and that any higlier tier S bahtradtor and CONTRACTOR s4aleach be paid a fix of five percent ofthe ammint paid to the next lower tier Subcontrqotcr, d. no fijb shall be Payable eh the basis of costs itemized wider ph6graphs 11.0 I.A.4, 11.01 A-5. dad 11.01J3, e. the amount of credit to be -allowed by CONTRACTOR to owmEi for any change which results in a net dicii= in cost AA be the arowd of to acNal net ded4se, in cod plus a deduedw in CONTRACTOWs fc.c by an amolikit diltipl to five percent of such net decrease; and E when both addificnis and credits are involved in any one change, the adjustment in CONTRACTOR'sk.i6shall bicomputed oAthe basis. of the net change in accordpos with paragraphs 12.01.C-2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract 27mes A. The Contract Times (or Milestongs) moy only be changed by a Change Order or bye Writteri Ammdmeft Any Claim for an adjustment in the Conbad Timis (or Milestones) shall be based an written notice su6iiiitted by the party rn"$ the claim to the ENGINEER and the offieparty to the.Contract in accordance willi. ftpruvisiohs ofpwagraph 10-05, B. Any adjustment ofthe Contract Times (or Milestones) covered by aChange Order or ofadyClaira for an adjustment in the Contract Times .(or Milestonis) "I be determined in accordance with the; provisions of this Article 12. 12.03 Delays Beyond COAFTR4C70A's Control A. Where CONTRACTOR is prevented from completing any part offlic Work williiii the Cofitw Vim (or Milestories) duo to delay b eyorid the conftbl ofCON TRACTOR, the Contract, Tipas (or Milestones) shall be emrtmdcd in an amom Oqual to the time lost d" to such delay if. a ClaW is made therefor as provided in.par4gWh 12.02-A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or negle& by OWNER, acts or neglect of utility own= or oilier conftactors performing other work as owternplateid byAWk 7, fires, fiooda6 cpxlcftcs6 Abnormal wc*6r conditions, or acts of God. 12.04 Delays Within CONMCYOR'y Control A. The Contract Times (or Milestones) shall not be extended due to delays within the control of CONTRACTOR. Delays 0triboAlp to and within the control of Subcontractor or Supplier shall'be downed to be delays within the control of CONTRACTOR. 12.05 DdwBe0n00WATR-Sand C0XMCT0A'8 Control A, Where CONTRACTOR is prevented from completing any part ofthe Work within the Cont-act Timm (of Milestones) due to dP,lay be*d the control of both OWNER and CONTRACTOR, an extension of the Contmot Times (or in on. aMpuqt equal tod,*t;ime lost due to swbdolay shall be CONTRACTORs sole and exclusive remedy for such delay. 12.06 Delay Damages A. in no "ant shall OWNER or ENGINEER b6liable to CONTRACTOR, any Subcon ' tractor, any Supplier, or any other person or organization, or to any suretyfor or employee of agent of any of them, for dianages aft" ""' out of or resulting gum- 1. delays caused by or within the control of CONTRACTOR; or 2, delays beyond the control of both OWNER and CONTRACTOR inclaft butnot limited to fires, floods, epidemics, abnottool weather conditions, acts of GA or 4cts or neglOpt by utility owners or other contractors on"ctors performing other work as contemplated by Article 7. 13. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTORducto delay, W1cr&=c% a-r&rWdoodh* attributable to actions or inactions of OWNER or anyone for whoM OWNER is respom:ble. ARTICLE 13 - TESTS AND INSPECTIONS; COFi PMCTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13,01 Notice of Defbcb A. Prompt notice of all defective Work ofw1whOWNER or ENGINEER has actual knowledge " be giveh to CONTRACTOR. All defective • Work may be reded4 coffectgA or accepted as provided in this Article 13. 13.02 Access to ffb�k . A. OWNER, ENGINEM ENGINEER'S C4naultsnts, other representa6vesvp end pmoopl of OWNER, irklependent testing laboratories, and :governmental agencies with jurisdictional interests shall nave access to the Site ariddieWark at reasonable times fteth+6 cbse&ation, inipectb3g, andtaday. CONTRACTOR shall provide them proper and. sak enditions for such access and advise thein ofCONTRACTOR'S Site ssfaL y 00-700-30 WowkM andpiqpw so drat they may comply therewith as applicable, 13.03 Tffft aqfinspections Vi A. CONTRACTOR shall give ENGINEER timelyhotice of ibadiness of the Wank for all required jn*ctioxm, tests, or approvals god Shall coppon with inspection and testing personnel to fhoilitate, rmuire.0 iwections or tests. B. OWNER SW employ and pay for tke services of an j4dopeAft, t laborstoty to *ffirm all inspections, tests, otapprovals required .bythe CooactDomitnohts except: cept L far inspections, ftft, or approvals covered by paragtaphs 13.03.C.and 13.03.D-below; 2. that costs ffidu ' rho W, comb&on with tests or in,specdons conducWdPM4wt tDparagroph 13,042 d" be paid as provided in said lywo ,"h 13.043; and 3. as otherwise specificallyprovided, in the Contract D000ments. C. If Laws or Regulations a of any public body having junsdictLon require aq Work (or pwt dspecifically to be inspected, -tested, or approved by am employee or other representative of such public body, CONTRACTOR shall aWufi,6 fall i0ipansibility for arranging and obtaining such msPPcfioh% Wts, or approvals, pay all costs id connection therewith, and Aunish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsibleftarradginjand obtaining and " pay all cam in cmtktioa with any inspections, tests, or approvals required for OVVNER's and ENGINEEIVs occepi4nce of mocrials or equipment to be incorporated in the Work; or pcocptance of materials, mix "gas, or -equiprucht m6ktted foie' approval prior to CONMCTOR's purchase thereof for incorporation in the Work Such inopection0eft or approvals shall beptaimmOd bywgmizqbmtsao=ptdble.t,oOWNER lud.'ENaNEEPL - E. If any Work (or the work of others) that is to b e inspected, tested, or appi6vid is cov&,ed by MXROOR widwutwrWmcmmnvi=pfENQR4UR,itnMr4ifr64tuee6ed by ENGINEER, be uncovered ft dmwvation. F. URGUming Work as Provided in p"raph 13.03.E shall W at CONTRACTOI17s expense unless CONTRACTOR his given LINGINEE11 dnitlY Pico of CONTRACTOR's intention to cover The same and ENGINEER has not acted wUb reasonable prornpiness it reqwnte-,to Such notice. 13.04 Uncoming Work A. If arty Work is ouv&W contrary to the.Wfiften r4ow of ENGINEER, it musk; if requeMbed by ENGMEER, be uncovered ft ENGINERR's aWrynhon and repWed at CONTRACTOR'scqxme, B. IfENGR4EEReaMdemitn'cccssaryaradvisable..that coyawl WwX be obP4YW by ENGINEER or inspected or tested by.. 6ftM CONTRACTORat ENGINEER's request, shall uuqovw, expose ibble for , , or othavise make qyW observation, inspectim,6 or testing ap ENGIN EER that portion of the WA in questioiI6 fimA*jn an necegam , y labcq rratekiai, and bqW fi If is ald that such Work is deftive, CONTRACTOR shall pay an Clairolk 0=, lomes, 00 damages (including but not jimiMd to all feds and charges of engiheeM architects, aftomt% apo ogW:Xo&"!cjaqs V4 Oj covet or arbitration or other i4sputemw1ufpon cogs) arising out `�r elating" to such� , , of relating unrlo obsemyor6 VMIM exposwe iof satisfactory h**H0%:and tearing; :17iiiolaeenit or rwm&uWoh(mchAMbutnot limited toall ousts OfftWOr rcpkccnitat ofworkofothm),aril OWNER shall beeidWto an VPKOPriaW demle*�" in the Contract Prim Iftivepardware unable to" as to the amount thew0f, OWNER may make a Claim tha6fiz as provided in parqMh 10.05 Was may otherwise be provided by law. 13.05 OWN —OR -AfiW Stop the Work A. If the Work is defective, or CONTRACTOR fails -to supply sufficient Skilled worlan or suitable materials or equh*ait; or •fib to p&fbfm the Work in such a may that the completed pleted Work shpl ... . 1 co0fth to the Contrk Documen% OWNER may orow CONTRACTOR -to OW * Work or nay portion thereof; until airs cam for such ordpr has beret elimfrmted; h0w0ver, this right of OWNER to stop the Work ,Shall not give rise to IMY dutYon the part ofOWNERto exorcise "iigbtforthebefiefitofCONTRAMI;a;ySubcontm=- I arty Supplier, any other individual or entity, or Anysurertyft or employee or agent of any ofdmm 13.0.6 Cori-eedost or ReihovalofD#kdve ftPk. A. CONTRACTOR shall correct all deftOvc Work, %tetherornot AbrkattA installed, or 9omplated, or, iftbe Work has been roccQ by EbiGNEER, remove it from the Project and replace it with Work that is not defective, CONTPUCTOR shall PAY4 Claims. 06M, losses, and darnaga (including but ant limiiad to all fees and "V80. of A*nanT, architects, attorneys; qd otherprofimWat* and all coWt or wbitxudort or other dispute resolution cogs) arising out of or relating to such correction or reiboval (including but not limited to all costs of rdoak or replao6ru&t ofivork ofothijis). 00-700-31 13.07 Carmdoy; Period A. If within three yceys after the date of Substantial Completion (except fa equipmeit, motors, electrical controls and other mechanical devio& which are guaranteed for apehod oftoocars frortithe date ofaocq*am and we ofewAitiin of ap%mmt by OWNER pwvnnt to Section 6.19(A) heedink or such longer period of time as May be prescribed by Laws or Regulations or by tine terms of spy applicable special gFmtw required by*eContract Docini ants orbyafiy specifieprovinon offiw Contract Documents, anywoOk is found tobeddxtivq, or if the repair of any damages to the land or areas made available for CGNTRACTOR!s ago by OWNER or petmitt&I by Lam and,Rtgulaticms as conternplated in paragraph 6.1 IAJS #Wnd to be defiefive, CONTRACTOR . tOR shall promptly, without cost to OWNER and in. accordance. with. blkkElk's wriftim instrudlicor (i) repair suph detective land ck or=6 as (n) correbt such defective Wotk or, ifthe defective Work has been rejected by OWNER, remove it from the Project and replace it with Workthat is not defective; and(iii) satisfnctorilycorrectorrepair' or remove and replace any dainage to Other Work, to thc-wcrkOf A&R or ..q.0 ,w land or ariias resulting th&eftnL If COWMCTM does not t prorMd with the erins Of promptly cowply such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may baviothe defective Work corrected or repaired or may have the rejected Work. removed and replacecl, and all CWM% md% losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other profeWqnpJ.s and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such rernOV410 replacernim . t (including but not limited to all costs of repair or iViacerniot of work of others) shall be paid by CONTRACTOR. B. in special circumstances where a particular item of equipment is -placed in continuous service before Substantial Completion of all the Work the conveticii period for that item may start to run fiam an earlier date if so provided in die Specifications or by Written Amen&cht. C. Whore defective Work (and damage to other Work reguitinzdt&e6m)hasbeencorrected orremovedandmPlaced, aftihis pa6qpVh 13.07, the correction periodficrounderwith respect to such Work shall be extended for an additional peflod ofone Yeq Off such qorrectia4 a removal And r6placmLqntbas boon satisfactorily complete& D. CONTRACTOR's obligations under ibis paragraph 15.07 ace in addition to any other obligation 'or warranty. The provisions of this pqraVVh 13.07 Mall not be construed as substitute for or a waiver Of the proviAons of MY 8PPH*Ic sbmft of limitation or repose. 13.08 AcceptameofDofec" Work A. 14 instead of Tapdraig correction or rGM0* and replacement of defective Work, OWNER (and, Prior to ENGINEER's rewmmendation offinalftmW, ENGRMR) prefin to accept it, OWNER may do so. CONTRACTOR SW pay all Claims, costs, lossee�, and damages (including but not li,tIW to all: #Ad dWgds ofengineerk ardhit6cts; attorneys, and other professionals and all coo or sibitTefion or other dis ... . puteromMoocpM)4tWbutabletoOWNEWsevahmfimof and datern 'ption to accept such &*cdvo Work (such coststo be approved by ENGINEER -as to reasonableness) apd the diminished value of the Work to the 6Lml not otherwise paid by CONTRACTOR pursuMA to this fichftce, . if any such acceptance occurs prior to ENGINEER's recomamdation of final p ayamt, a Change , 0 roc r shall b a h wied 0,0, Mp orV mo the necessary revisions in the Catmet Documents with rasped to the work, and OWNER sban be:efflitied to an appropriate ,decrease in the Contact Price, reflecting the dimhaAedvalue of Work so accqptA If thepw6d% are unable to agree as to the amount tb&w4 OWNER may malm a Claim flift-afm as provided in paragraph 10-05. Iftheacceptance occMalk.such rommeridation, an appropriate a" shall be paid by CONTRACTOR toOWNER 13.09 OWNER May Chi*ed DO'w" Work A. IfCONTRACTORfiiUswilhinareasonabletimeafter writtennoticefrom ENGINEER to correct defective Work or to remove and replace rejected work asrequkedbyENGBUMRin accordance viithparagraphl3.06AarifCONTRACrORMs to perform the Wor% in a9cordmm with the Contrad Documents, orifOONTP-ACrOR*Pstoco,m*yvOmyo&tr provision ofthe Contract Documents, OWNERmay, idlersom days written notice to CONTRACTOR, correct and renedy any such deficiency. B. In exercising the rights and remedies order this paragraph, OWNER shall FWAW eXpCdItI0USly, In CoMeCtIM with such conwtive and remedial action., OWNER mayexclude CONTRACTOR from all or part ofthe Site, Wm possession of all or putt ofthe Work and susp&d CONTRACTOR's services related thereto, take,posseMm of CONTRACTOR!s tools, appliances, construction equipmW apd machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for Aich OWNER has paid CONTRACTOR but which we stored 6ls&vher4 CONTRACTOR allow OWNER, OWNER's kepresenMv . as, agents and MPICYOCS, OWNEWs other qpqtractorrh and ENGINEER a.hd ENGMEWs Consultants access to the SitetocnableOWNER to exercise the rights and remedies under this paragraph. C. All Claims, cogs, IdwA and darna& (including but not limited to all &6s and charges of wOMI, arch to attorneys, and other professionals and all court or arbitration or other disputeresolution costs) hicurredorsqWnedbyOWNER in exercising the rights and remedies under this paragraph 13.09 shall be. charged. aping CONTRACTOR :and a CManjibicler shall be issued iii0orp"''Wing the necessary revisions in the Contract Documents with respect to the Wort Such claims, 00-700-32 costs, IQ" and daWgw *11 mclu& but W be limited to an costs of repair, or rep1poement of work of others' destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of0W9ER ' s rights and remiedics under No p'ift` graph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 &kaduk of Vakes A. The schedule of values established as provided in paragraph i.07.4"serve a$tobasisfor progress p = eyn to and shall behuxwporWad into a-fam ofApplipatiop for ftna�tt acceptable to ENGINEEK Progress payments 6h aommt of UA Price Wdk shall be based on the mmiber of units completed. P. CONTRACTOR shall submit revisions to the initial schedule of progress payments whenever actual outlays for the Work vary bcyond -5 p&bent and +10 pair -cent fto'k the schedule, as determined bkENGINEER. 14.02 Progress Paymej& A. AppUmdomfor Az3rrieft& 1. At least 20 days before die date established for each progress payment (but not more often, Opp once a ii6iffi), CONTRACTOR shall submit to ENCINM for ai"� an Application fair Pa3dnint filled out and signed by CONTRACTOR covering Ow Work completed as of the date of the Applicatiaq and accompt9ed by 0Mch -supporting downw fttion es is required by the Contract Doctim6ts. if payment is requested on the basis of materials and equipment hot mated inthe work but dcUV*d and suitably OMW at ft Site or at bnodw lomdon agrgod to in writing; the Application for Paymmt *0 also he accompanied bya bill ofsoe6 invoice, or o&j documentation warra nting that OWNER has received rite materials slid N*m&t free and clear of all Liens and eMdic6 that the materials and 6quipyhent are covered by appropriate ...... PTU.PcirtY insurgnpe or other arrangements to protect OWNER's mwest therein, all of which must be satisfictory to OWNER 2. Beginning with the, sewed Appli6ation for Payment, ca& Application shall include an .affidavit of 00-700-33 CONTRACTOR stating that al ' I preWom pyogrfts payments received on account of the work 4vq been applied on ac&uat to discharge CONTRACTOR'S obligations associatet1withpiJorApplicatio= Payment. 3. The amount ofteWnWwith payments shah be as stipulated in the Agreement. Bi Review qfAppUcadow each Application for P0mqnt,.cfflw indicge in %7fft a tecasnmeodation OfPaYmmt and present the Applicationto OWNER 6i retum the Application to CONTRACTOR indicating ln;writing ENGINEEIVa ressoflifor refusing to rocomfthd payment. In thelatkr case, CONTRACTOR May 1140 the, 9 Corrections aid resubmit the Application. 2. ENGINEER's recommendation of any pjyn=t reque" in an Application for Payment shall constitute a #e swtatton by ENGINEER to OWNER, based on ENGINEER's obsqvagons on the Site of the executed work as an experienced and q"mcd design piaessional and on ENGINEER's review of the Application for Payment and the accompanying data and sdwdrdes, that to the best of ENGINEER's knovA6dgc, h&mmadon .and belief a. the Work has progressed to the point indicated; b. the quality of thi Work is smelly in occardencowith the Contract Do=fttg(sdbic,cttpth evaluation ofthe Work asaftmeti * -wholepicir m1mg to or upon Substantial ctompledm to the results of any subs?quc:nttests'caUcdfb . rinthe cartrwDocuments, to a final ddd%inatioji of quantities and clasdficafidw for Unit Price Work ubdurparegraph 9.08, andtoany other qualifications stated in the recommo . vldticn}; and c. the condifionsprecede ktoCON TRACrOWs - being entitled to such 100*it appear to have been fi0116dinso far as it is ENGINEER'sr0ponsibWto dbser�ve.the work. - 3. ByrwommendinganysuchpaymeoF _ .40RCER shall not thereby be deemed to hav6 represented that: (i) h4ections muk to check the quality or the quantity of the Work U it has b&M pefform6d have bwa odmusfive, extended to 'every aspect of the Work in in prog ress, or involved detailed inspections of :the Work beyond the. sibilitiesapecificallyassigned'toENCTINEERinthe reaparim Cobtract Documents; or (H) that there may not be offier matters or issues betwem the parties that might chlitle CONTRACTOR to be paid additionADy by OWNER or entitle OWNER to wit.h.bold payment to CONTRACTOR. 4. 13NOMER may refuse to i600mmand the whole or any part of any payment i& in ENGINEWs opinion, it would W hWrred to mWwtho representations to OWNER referred toinparagraph l4.02.B.2.ENGINEER rr*y*b refuse to recommend any such pa)muxd or, because of subsequendy discovered evidence or the results of sybscqueht inspections or tests, revise or revoke any much payment rotmannendation proyiously made, to such ext&t as may be neca pry in ENGINEER's opinion to protect OWNERftom loss because. a. the Work is defective, or completedWoMas been damaS4 req*ing: correction or re plac&bint; b- the Can"pt Nee b" been reduced by Written Amendment or Change brdei;; c. OWNER has been required to, correct ddective Work or complete W&k.in accordance with para"It 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated ml paragraph 15;02A.. C. Payment B=omeqDue 1. Within 30 days after presentation of the Application for Paymeiit to OWNER with ENGINEEIVs recommendation, the amount recommended shall. (subject to the provisions ofpwagraph 14.02-D) become due, and when due shall be paid by OWNER to CONTRACTOR. D. Reduction In Payment 1. OWNER may refuse to make payment of the fall amount recommended by ENGINEER be6ausc: .a. claims h4ve been made against OWNER an amount• of CONTRACTOks <performance or famishing of the W0014 b. Ilens have been filed in cconeotion with the Work; c. there are other item entitling OWNER to a se-offaginstthe amount rCDOmmaided,wludm&but not limitod to, the failure of Co6ft-mor to provide any hen waivers M,4* certifications which may be required by Omer or as a result of Owner's payments to Subm"Utors pursuant to the provisions of the Contract bminents; or d. OWNER has actual knowledge Of the occurrence of any Of the events awmqated in paragraphs 14.02.B.54 dUM9h 14.02B3-c or paragraph 15.02A. 14.03 CONTRACTOR Wafrai* of 7V* A. CONTRACTOR wan -ants and gaquntees that title to all Work, nmtdtW&. and equipment covered bys AVApplication for Payment, wbethet incorporated in the Project or not, shall pass to OWNER no later than the time PJYMcnt A. *6 and clear Of all 14ons. 14.04 Substantial Completion' A. When CONTRACTOR considets the entire Work teadyfOr its WkndeduseCC)NTFACTORshaUno*OWNF-R and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as inoonipleti) and request that ENGINEER !am a certificate of Substantial Completion. PM4* thereafta, OWNER, CONTRACTOR, W ENGINEER shall nWU an inspection of the Work to determine the status of completion. If ENGINEER does not consider ft work subsftWy complete, ENGINEER " no* CONTRACTOR in writing giving the reasons therebr. If ENGINEER considers tine Work substantially comoldtey F,NGINEM shall prepare and deliver to OWNER a tentative certificate of Substantial Completim which shall fix the date of Substantial Completion. There shall be attached to the certificate a te6tative list of items to be completed or corrected before final payment. OWNER d" have fimuteen days after receipt ofthe tentative certificate during which to make written objection to ENGINEER as to anyprovisions ofthe catificSO Or attached list. Ins after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER shall within. 14 days after submission of the tefibWV6 certificate to OWNER notify CONTRACTOR in writing: sWting :ft iftsons, fivefir. it der comdomfion of OWNEiVs objections, ENGINEER considers On Work substantially complett, ENGINEER shall within said 1-4 days execute and delver to OWNER and CONTRACTOR :a. Mmitive and final certificate of Substantial Completion (with a revised Native list of ifts to be completed or cmi6ded) reflecting such changes from the tentative certificate as ENGINEER believes justified 0-M consglaration of any objections from OWNER. At the time of dolivcFy of the tentative certificate of Substantial CompletamENGRMERshall deliver to OWNER and CONTRACTOR a written recommenda#on. as to division ofrespasibiffies pending fiW paymentb"eft OWNER and CONTRACTORwithmspeato security, operation, safety, and protectim of the war maintenance, heat utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree dthafwiso in writing and so inform ENGINEER in writing prior 00-700-34 to ENGINEER's issuing :the definitive and tonal . cartifiem of Substantial comploon, ENO �� INEEWs aforesaid rebomm6ndsitiott shall be binding on OWNER and CONTRACTOR unW W pa3ment B. OWNER shall have the right to cwhide CONTRACTOR from the Site after the date of Substantial ComOleHoa, bdt OWNER shall allow CONTRACTOR rbasqmble acedss to complete or OMTM item on the tentative just 14.05 PardalUNfinwan A. Usd by OWNER at OWNgItts option of any �~Wly C0000W paft of so Work that has *Mcay been. Wq)tffied in the Contrwt DoruoW% or which OWNER, ENGINEER,, Epd CONTRACTOR s" constitutes a separately&n6mhW And 1�sablc,Pwt Of the Work that cm be used by OWNER - for its kiteided purpose .without significant intiM0Lice with MI'gRACTOR's pft-*qMcc of The rMainder of the Work, may be ao6T&hW prior to Substantial Completion of all the Work siljed to the following` M I. OWNER at adytimemayrequestCONTRACTOR in writing to pMnit OWNER to use any such tart of the Work which OWNER befiem. to be ready for its intended uqo and substantiallyownpiete. ifcoNTRAcTog agrees *0 such part of the Work is substantially eMplate, CONTRACTOR shall Cei*tD OWNER indENGINEER that such jWft of the Work is substantially complete and request ENGINEER to 'Mb La C"ftatei of 86bStantial CMPIO&M for that P" Of the Work. CONTRACTOR at any time tune no* OWNER and ENGINEER in writing 16 CONTRACTOR considers any such part of Ste Work ready for its intended use and substantially complete and request ENGINEER GINERR to issue a:ceffificate of Substantial Completion for that Pan oftheWof k Within a itasomible tinier ft 6!4q guebnqucst, OWNER, CONTRACrOP, and'9NGM . MR4811P*piovectionoftbatpartaffic Work todet&;ni its status ofcomploflon. ff&rpMM does not consider that -part oftho work to be substantially completp, ENGINEER " not* OWNER acid CONTRACTOR in vnift giving the ransoms therefor. If ENGINEER ouadders that part of the Work to be substantially complete6 -ffie provisions of paragraph 14.04 shall apply with respect to airfification of Substantial Completion of that pan of the Wbik and the division of responsibilityia respW thdWand access the to. 2. >NOmvVBncyorsep"eoperatiOtkOfpad*fthe Work may occur prior to compliance with the requirements 0fPKM0iPh 5.10 regarding property irwmium 14.06 FMa11A,-V,-ed;0P# 00-700-35 A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion ffiereof is complete, ENGINEER sliali promptly make a final inspection with OWNER '" ;;; RkndsMM*A1yC0NTRACroR in writing of 1 PuticulatS I - n which this mVwrm reveals that tithe Wm-k is incoinpide or defective. CONTRACTOR sigill immediately take sigh momps as pro necessary to complete such Work or remedy such deficieficies. 14.07 FJOWPaymot A. Applkftforpdjwwt 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfi&Arily completed all corrections identified &*g the'&W inspection and hasdelivered, in accordance with the CmitrAct Documents, an mauflobo& and openift instructions, ochedtdas,goarjq,� Bonds, certificates or other evidence of insurance . c . ertifigates of inipv6* marked -up record documents (W provided in paragraph 6.12), and od*k 'docwnefi -- s t, CONTRACTOR May Make application far foal payment following the PrOCCOLVC'for prog" payMpts, 2. The lind Application for payment shall be accompanied (except as previously dalivi,red) by, (i) all 40juientation, called for in the Contract Docuniws, including but not limited to the eWdedce of iftswiarieB required by 31ftaragraph 5.04.B.7,. (ii) consent of the surety, if any, to final payment and (M) complete and IO&HY effleive releases, or waivers (satisfactory to OWNER) of all U00 rights arising out of or Linens ffled In, oumloidon with tho'W&L B. -keWewofAppikadan ,.qndAw,-ptanve 1. If; onthebasisofENGINEEWsobmvatkmoflhc Work dWmg construction and final inB ticj% :and ENGINEER's 16vtow of thK HW Application foil PpymcM and *oompsuyin ,g documentadas. on veqWred by.. the Contract Documents, ENGINEER is m . itisfied1hid the Work has been completed and CONTRACTOR's o&r obligations under the Contract Documents have been fijllMeA.ENOMMshall, widLinWndays after receipt of the final Application fbr Pwj*g Indio tins ENGENEEIEP' �c in W.ri nr 0 recommendation oftayment and ptqmt the APPH0860n for Payment to OWNER for payment. At the same time ENGINEER shall also give written notice to OWNER and CONTRACTORth* th6 Work is accepW& subject to the provL*m ofparitgrVh 14.09. Othavhse, ENGINEER shall return the Application for Payment to CONT-R.kCTOR, md!'Catir in writing the reasons for refitsing to recommend Seal payment, in which case CONTRACTOR shall mW6 the necessarycorrectionsand resubmit the Applicaddhft Payindit. C. Pkowi6htBewinesDue .1. Thiny days after the presimtr4m to OWNER of tire, Application for P9MW and 4WQZ11PanYft dcamzartation, the amount recommended by ENGINEER shall become due and, when. due, shall);re paid by DWNBR to CONTRACTOR. 14.08. Waiver of0aAw A. The melt and acceptance of final payment shall constituft 1. a waiver of all Claims by OWNER against CONTihCTOR, except Claims arising fiM unsettled Lim, from defective Work appwmggft;r final mspection putivant to paragraph M.06, from failure to comply with the Contract ]Documents or the terms of any special gasmitees specified iberein, or from CONTRACTOR's continuing obligop" under the ContrsdDocumen%-and 2. a waiver of all ClaimsbyCONTRACTORB ' against OWNER other than thosepreviouslyrnade inwritingwbich are still unsettled. ARTICLE 15 -TERMINATION 15.01 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events shall justify terminatim lbr cause: 1. CONTRACTOWs persWent ikiture to p&fbrm the Work in acwrdpz= with the Contract DocumentS ;(*Udin$, but not limit9d to, failure to supply wffici(at skilled workers or suitable.materials orequipment orlhilm to adltery to the progress schedule established under paragraph 2.07 as. aAiu*d from time to ti0c Purmt2ht to 6.04); 2. CONTRACTOR's disrvSKd of Laws or Regulations of any public body having jurisdiction; . 3. CONTRACTOR's distdki.rd of -ft aWWty of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provhiions offt Contract Dommeaft. B. if one or more of the eveto identified in paragraph 15.01A occur, OWNER may, after giving CONTRACTOR . gLVm9 (and the surety, if any) aam days written notice, terminate the : services ofCoNTRACTokicadudeCONTRA=Rfremibe Site, and take possession of :ft Work and of all CONTRACTOWs tools, appliancek cc whiction equipment, W,P**oY#flee Site; and use the could be used by c&0?,icfoi'(without liability to CONTRACTOR for trespass or conversion incorporate in Ow Woik all materials and equ$ment stored stilie Site or far V&& OWNER. has paid CONTRACTOR but wInch we stored elsowherz, and finish the Wo* as OWNER may doem expedient. In such case, CONTRACTOR shall not be eWed to receive any Awlhcr pay ment until the Work is finished, Ifthe unpaid b4wxe'0ft&'Co1_ftrsct Price exceeds BU OW111S, costs, losses, and dainigsi (including but not limited to all Am and Owr&$ of 'engineers, crs, =bitects, attorneys, and offiw prokmdotWs and all court or obitration of dth&, dispute resolution costs) sustainedby OWNER a** OW ofor relating to completing the Work., such excess shall be paid to CONTRACTO3L if such claims, costs, losses, and damages exceed :such unpaid balance, CONTRACTOR shall pay the M&mcc to OWNER Such ddn* costs, losses, and d6hr s inaged by. OWNER shall be reviewed by ENGINEER as to t4eir reasopubleness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising anyrights or remedies undeithis paragraph OWNER shall not berequiredto obtain the 10"k prim for the Work 0ahmed. C. Where CONTRACTOR's services have been so terminated by OWNER. The termination shall not affirt any rights or =Ledies of OWNER against CONTRACTOR then 01MIng or which may thereaft accrue Any Telention or paymc* ofmoneys jpe:C0NTRAC`rOX* OWNER dtivill not roleaso CONTRACTOR fro® liability. 0.02 OWNER May Terminate For Convenience A. Upon somdqswiitteuncdoolDCONTPACrORedd ENGINEER, OWNER. may, without cause =4 without prejudice to any othq right or rennody of OWNER, elect to terminate the Contract. In such me, CONTRACTOR shall be paid (without duplication of any item), 00-700-36 1. for completed a Work and zwoptabjO -.Wo'. executed in accordpace with the Contract Documents pi* to did effective date oftermination, including I' aril _W reasonable fajr su;* for overhead and profit an such World 2. for e#eiises sustained prior tothe effective date of tanbini0oa in pd*Tning services m4fizinUshing labor, ,W=Ws, or eqWpmat as. -requited by the C*ntradt DocymentB in connection with uncompleted Wwk, phis hit and wasoaable sums for overhead and profit on such expenses; . 3. for all claims, costs, lo$seq.6 and damages (including bW -not limited to all fees and charges of enffixcM architects, attorneys, and other protasiamd-s mod RH court or arbitration or other dispute resolutionicogs) jPqXW in W11COICut of ftrftnWA contracts with Subcontractor,% SUPPli^.and offin; and 4. for reasonable expenses directly atInbutable to tdinination, B. dONTRACTOR shall not bopaid on 40106090floisdf anticipated prats or reV pe or other economic Ion a4mg out of or resultims from such termination. AR71CLE 16 - DISPUTE RESOLUTION 16-01 Methods da Procedures A. This Agreement shell be subject to and govunWbyft laws of the State of Minak Venue for the resohition of any disputer or the edfikedment of any rights puriunt to this Agreempt *0 be in the archit court omsiie County. ARTICLE 17 - WSCE11.A990US 17.01 GiWng Nolke A. Whenever any provision of die Contract Diocumews requiresthe gift dwrlifteri 1106M it shall be deemed to have be6,,validlygivimifdelivered inperson corporationtothbindividnit 0 member of the firm or to an oIN66r of th6 corpoitfor orhom it is intended, orif delivered a,terr sent byreg*9redorcertified Hiall, postW prepqict to the IM business address knm to giver ofilie-notice. 17.02 Comp4tadopjof T"a A. When any period of time it referred to in the Contract Docipients byd&A it shall be computed to CxCluoe the firs t and include the last day of such period. Ifthe last - day ofany such' ' period falls on a Saturday or Sunday or on a day ]made a legal hulift by the law Of dw al?Plicablejudsdiftn, Such day shall be omitted from the computation. 17.03 Omqafim J?madky A. Tbe duties and obligations imposed by these GeneiW C41idificiis and 4 the rights and rOa4cs "able Wwrider to the Parties hereto art in addition to, and alb not to be omoftued in a' V way as a ]imitation of, pyrights 4Adremedies am1bleto any or an ofthem which are oienvise imposed or available- by Laws or Regulations, by special warranty or guarantee, or by ctb& Pk0VWQus ofthe Contffict Documents, and the provisions of this paragraph didl be As eftfive as ifrqftW g in the Contract D"Mierits comectio with each cwar ' in . . ti .. . pard - duty, obligation, -right, and remedy to which they apply, Fwkledhowever,thatthOprovisions ofthispwagmphsbaRnot apply to anyprovislon in the contract documants wbidyprovide for RqWdaW daiftes. Any such contract ddecmients which mAerefer detpt ,qWdaW darnages shall hayd such liquidated damages apply as the sole recourse available to City for damages. 17.04 Survival qf0bUrtwjjs A. All repuenWons, kderorifficaflons, warranties, and guarantees made * required by, or given in acco*= Willi the Contract Documents, as well as all continuing obligations vindicated in the Cofitract Documents, shall s'urv:-rvo final PAY111ftit, cmPletion, and acctptanrb ofthe Workorommodon of c9fflplefidn oftlik Agreepient. 17.05 C0PFV11ingLqW A. This Contract is to be govefnWbythe law ofIllinols. 17.06 Professional Fees aWLoud Co&Included A. Whenever refer isj*ttoo Aclaim Gd 01 RIX and damages, it shall specifically exclude -all fiw and , charges of attorn* afid all court or diolte resoluticii cogs. 17.07 Pr*wiftngWage Raja A. CONTRACTOR shall comply with the a#pdw preva,ffing wage rates as determined by the Illinois DWirtment of Labor. 00-700-37 Insurance Req uirements: Contractor agrees to obtain, fim 4 and Mquitam in full force and effect during the entim term of this Agreement at its sole cost, the insurance coverages outlined havin. All of said insufame shall be written by, and secured from, coi4ames approved to do business and issue insurance in the State of Illinois and must be mW "A-" or bets, in accordance with the latest edition of Bests Insurance Guide, published by A.M. Best Company, Inc. or its equivalent The comprehensive general liability insurance shall he endorsed to include independent contractors, contractual liability, personal injury, products/completed operations liability, broad from property damage, and cross liability and sevefabffity of interest provisions. Policies provided hereunder shall not contain XCU exclusions relating to explosion, collapse and underground property damage. All liability insurance shall be written on an occurrence bads. Automobile liability insurance should include coverage for all owned, non -owned, hired and loped vehicles. All insurance policies shall be written in the name of the contractor and such insurance shall be primary and noncontributory with any insurance or self-insurance program afforded to the City of Elgin. Comprehensive Liability General Aggregate Products Completed Operations Aggregate Personal Injury and Advertising Limit Each Occurrence Automobile Liability Combined Single Limit Umbrella Liability Each Occurrence General Aggregate Worker's Compensation Statutory Employees Liability $2 Million $2 Million $1 Million $1 Million $1 million $2 Million $2 Million As reWred by state law $1,000,000 Each Accident $ 1,000,000 Each Emp for Disease, $1,000,000 Policy Limit for Disease The Contractor may :purchase and maintain excess liability insurance izLthe umbrella form in order to satisfy the limits of liability required in accordance with the requirements set forth above. The comprehensive liability and umbrella policies must name the City of Elgiu-as additional insured, The workers, compensation policy shall include a waiver of subrt)gation in favor of the City. The Contractor shalt be responsible for and shall bear the risk Of loss and dar"Se to any property of Contractor and any property for which it is responsible or in its care, custody, or contract, whereftr located. Any insurance provided for such property shall be solely at Contractoes expense. Prior to the commencement of any work under this Agreement, Cznftactot shall furnish ctrocates of IOSUM. cc acceptable to the City and conforming to the insura= coverage required herein. 7'hp policy cancellation notification provision will provide the City with at least thirty (30) days written notice in the event of cageegatiott or material change. The City reserves the right, at its soic discretjoh, to mpend the Osurw= ftqui*znent$ contained herein. V-1 44 1-1 I-J, Zo rl 40 41 = Y N LLB. LL 0 V4 Tq M r.4 I g 0 0 0 LOW 't V 1 P-1 .1 o N c 14 c 0 wc 120 c LL. c :13 , c M N 'M cz ri ai = _9 m 9 .O. d. fti inn b rz R ATTACHMENT E City of EI&q Illauna o CerMea#ox Requi remexnts Phase submit all . . u�ned forms and documentatim fully completed and si ed with your proposal.,..No'D�bOSgj' ' � ' lie:s�ecented- witti u tl M in WOA 1• To ass m empHowe with the MY of SI&'a Artrmati,, Actierl all co venciota. RmTOA t to as "bfdde�rs . ... ntractc�s and' �ghested m submit �e i�btlo .. ... wig �onmatton: s' WoMacce WIYM usii g die- eftWmw Bidder's E*oyes utilirtwdthm b. ftvW1heinfi=40 tsaqdred in Item #3 on -go eoym utilizatiraz &rin if the,answer to Quaetioa 2_ on ib is "Yet". c. °NtMdo s vttitteo coinmit*Bt outlining the stOM thM * bidder plena to talcs in the area of recruitmeM and promotion of miluxides and &wS.1 s to main equal'ti�ildy uerit copy of Cite bidder'"s �irnsetit e'sationplan �, ba submitted in heir of this i ) .y Z. To assure campH4doe with the City of EW'a Sexual 8s ent submit a signed sexed harassment min enwoaed with fife invitation to Bid. ' al! bidders 3: .'liie - frythe ]Ytinoie d'Sa that the ate: is not *I#Wi%t in the paynieut of any'tX; pattmr�nt ofRevinue unless there ia'e pea tng oontal the tax. :4. The and etsigned ceaia#ies that ,tim COW is -atf barrat!... i� offing on this ofacoav90solicitation as g result tionforihe�►Iolaticiaof3tatelawprolfibiftbidtiggiagorbid-rote g, 5. Tim 5=WM bidder agrees that upon aOcepWO by the City of E40% them muted IMtadon to which may be � by � d'ttions, and ftp attached thmv i to constitute a biTft eoniracat Bigstature 1 mi G0afty ssufte Address Phone Number Ema tt Addresli F741K No. City of Elght, Iftols Smal Harassment - - Pohodes and Programs Effective, July -1 j 1993, every pariy to any coyact with t& City of EWn and amy a4gible bidder is r*hvd to have *ftWnamgl hMs=wt.pdlicte9 7that inobx* at a minimum, & fbIloWin illegality of MMW harassment • W definition of sexual harassment under state law a descr4)tim of sexual hamss=K utilizing examples • a vendor's fiftinal complaint process indudit)g penalties and a description of the means by Which complammg pames may complain d=* to management personnel other than the i*pd haressing inOvidual • the legal recourse, investigative and complaint process available through the 19inols Vqmtnent of Human Rights, and the MbWis Human R*% Commission • directions on how to contact the departmentandcommission • protection against retaliation as pr&idod by Section 6-101 of the Hu an Rights Act I hereby afftrm that the organization which I represent has in place sexual harassment Perkin which tMelude theftquhvd Inforinaflon sdfor& above, and I. hereby agreete fkxrnM the CRY of Iftin - Human Resouroes Department with a y of These poll do If they so request Ct ftwauroMfle F COMPRIW of DOW za Sexual harassment is ddinW as follows: *Sexual harassment' me an-i s any unweloome, sexmd advances or requests for sexual fwm or any conduct Of 0 BMW nature when (1) sabMidalion to such conduct is made eIdW eVIWtjy or iMPIiC* a tM. Or Confton Of 0- Mvi&W.s as*o*ent (2) submWon to or rejection of such con&Wt by ift individual :is used ,:as basis for amployownt deoisions affecting such 04M" or (3) such conduct has the purpose or effect of arkibstantwly igterhmg Wft an Individual's work pesIbUmce or creating an Winadaft 1hostilo, or ofrq*va, vbddq envir=Meqt, Any questions by contracting parties or eligible bidders concerning. complimme with lbue r4*im** Should be directed to, the MY Of EI& - Human Rwourc," D 1-1 r t,np n' at (947) 93 1 - 5607. bmbff of the undlersfoad C61111pays hei%by agree so hl, old the city contwin ha ftuny lndenW* of defenscor, cWR4 dem fWall from my and sffl 4bft, kwf Or 441112 . 9 . e fmcludiiRg trigs , 044,,IMb ofjgdgment agA"t..jt.,addRg f an uwavvfgd hftrAssMftt and/or "V]jOyMeqt acdoh role any,,omplabt b"c# termination, baud. but 40t jjj� to .. 'A any PkOftcW 92ftM as provided bylaw, -Ir Vexual hatalenient resulting b0luding-butnOtIladOed Perforhm".6f Ah , . gfromtheactoranym"'O of'Myorpulzatfouln . the couftelL any company -1-MORMIM- City of Elgis BIDDER'S MMOYM UtMitAtOil FORM Thus report is =Wmd by the City of Elgin and and be submitted bcd�re the conkad an b6awarded. Chapter 3.12.1 000-Mmmative Action - City Contracts ANaLNam and Address of Bidder Dascription of Project 4t6x-t- Totil Whites Mi6anim"''. As , bw or Ametim MWW Fbmals (AD Employe" Pad is Wisno (map) caftwk Islanders % % M.1 F M/F M I F M I F M j F 3/5 36 410 0/1-- 0/0 SM 00119) 4 A 04nAl 7r o7. 7: .5 84wtum of CMUPROY OPficiat Title Telephone Number Data St"d Pfte Of 2- Flave, you ever been awarded a bid by 60 City of Ogin? _K Yet NO I If the answer to question #2 is Yes, pleW submit a copy of ft Employee Utilization Form Oat woo M*miued 4th your last mmmoN bid along with a fully completed copy of this fOOL 4. Plem submit, woarding to the gujdelinqmvi&d in the attached document a written commitment to provide equal employmedt 4poddiiityi. An EbVoyee Utglizatkm Fo= is mpdtad for any adboontekators. NOTE.- in.*e eVmtt theft a contractor w vendor, ft, fails to oamply with the fair cloplaymem and iffkiii� action pmIdom of the City ofEk&, the City amongst other actkmiq may cancel, temdaue, or suspend the c6aftM in wholt or id Opt �CITY OF ELGIN, UAMOIS RA. OWNUBLE, BIDDER AFf WAVIT State Of M . ...... .83. County of being firstfirstduly BwoM hereby deposes and states: . .... That As is:" the 6d (the "biddeo of which tbis iMdavft 'ghat tha bidder has a valid fede _ * =PIOYer tax ideflMaivn nutaber, or if as valid social security nmbca, such number being as follows: (3) That the bidder agreesto and SW -complywrith the Equal Opportunity EmployerPrOVI&ibm of led inn 2000e of Chapter 21, Title 42 of the Uldtod SWU Code and Foderd with the B," as Op"""Y 'MP'Y'r Pr'D"WOIW of the EWA Mmictml Code, Seodon 312.100, (4) That bidder has .the hmmancd ©overage .as.set forth in the bid speoffim&M including general lia lity, Workers' dOngOwtiM completed operations, _ liability., mtmmbile, ha ardour Om"flons and pMhicts liability. coverages are attached.. Copies of cerdfic0cs Of kmmLwe i0dicaft such Wammm (5) - That bidder has a written sexual haiasmbft p6li PrOVWM Of the MifiDis Hunpa Rights- Act (77 - cy In compliance with &a biddei's *Mttea sm.W h 5 'LCS "-1-00)01 as OMM04. A copy of am= policy is attached. (6) TkM bidder hereby certifies that itshall c0imply with the - , Prevgft, 'Wage Act (820 U= 130/0.01 et seg., as amended).: -Pwmmp of dw Run* (1) TJMt the bidder hereby'cer"es. [cheek. ail that applyj bidder has Sot re0eived'anynogloas df violad0im of the Illinois Rwdkng Wage Act (820 ELM 13 0/0.01 at seq) 16 the event any kwh notice -has been received by bidder, a copy of any 9wh'actice is Attached hereto in the event tbM bidder has received such a notice,:any d0am'' c"ntation demonstrating,ter"*tiftof any such4ofice.ja attached hereto ■ for each such notice received by bidder, the matter JW been ftolved as faIlows: (8) Asa condition of the agreement for The project, bidder shall have in p1we.a writitan substance abuse prevention program which meets or exceeds the prop program C. euta of the Substance Abuse Pmventian on Public Works Act (820 HXS 26511 elseq., as apendod). A copy of such policy shall be provided to the city's pumhas ng director prior to the entry into end execution of the agreemaat for the project. (9) Bidder represeuta and Widmts that it bas Movent experience that :indicates the necessary capacity to ptMrilp the Orojeci and adequate refaces verlfyimg the quality of work performed. Relevant experience of the bidder includes the following ptojects: &6c�a e . Bidder's references verifying the quality of the work performed an arch prefects are as follows: (10) IF& city construction projects (construction of now city facilities, renovation of an existing facility, or city road construction projects) over fifty thousand dollars ($50,000) bidder hereby cartifieas, represeaits. and wamts that it participates in an ice and traift programs applicable to the work To 'be performed on the project which are approved by and reoftred with the 'united States thcPartmeAt of Labor Office of Apprep icaft and Training or area reasonable equivalent to such programs. Evidence of such participation is hereby attacW: Yes No ...... Not applicable to this project (check response which applies} (11) For city construction projects (conskuction of new city facilities, rMovation of existing facilities or city xOad censtruction projects) bidder must dewoushite a good faith effort toward Providing equal ehnployment oppordmities for persons to work as cm . ftaPersorrs, labomrs, workers or mechanics consiaW with the figi$l, ethnic and gander'demogtaphica of the labor force available in the Illinois Department of Employment Seoutity Chk ago -Naperville -Joliet MftWol'tlm 91VWc4 'I�h COnOilb of Cook Da4lb, Deage, 43 Kane, KwtIA hfOH@my wd WM counties. Me f0ffilf,19 is WOWS' dft�.. f bi I�ugy' , toward Providing such equgd enpjoymmt.Vpmtunities: ddees good.faft aftm S4mt= of bidder, if AD iadvi&d: S4WAU116 of bidder, ifa ooqwmdOfi: Signature of bidder, if 4 pafterft: PD Rgahzee 'iddarjfah ftedli, ilitycDpy. Subsonbed and sworn to before me this :jedpy JESSICA ROMERO I AD Of Official Seal Lj �-- Notary Public - S1410 of 1111nois MY COmf"Isslan ExPfrOs Jul 12, 2(0)22 MY COMMMon eVires: FOR CM FMCRASINQ DEPARTMENT ONLY: Attach meats =dn=*s HiddcWs sawal �smssme-,-t pdi6y: siaa a$ Prwmhh-on Wig: If applicable; MMOI11 Preva 49 Wage Act viol�twon nodce(B�: If applicable, documentation solving IPWA violation notices}: If aj plicable; apprM iceft and training program dodumdntation: - page 4