HomeMy WebLinkAbout24-0828 FH Paschen Riverside Water Concrete a4-erg a�
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August 28, 2024 Agenda Fps`
Bid Item: #4 — Leo Nelson Riverside Water Treatment Plant —
Chlorination Room Concrete Repair — Job Order Contract ($31,757)
JOB ORDER CONTRACT
AGREEMENT
THIS AGREEMENT is dated this 2R day of August . 2024, by and between
the City of Elgin, an Illinois Municipal Corporation (herein called "City") and F.H. Paschen, S.N.
Nielsen & Associates, LLC, an Illinois limited liability company (herein called "Contractor"), a
corporation with a principal place of business at 5515 N. East River Road, Chicago, Illinois 60656.
WHEREAS, the City has requested and Contractor has provided a proposal for a job order
contract to provide for certain repairs at the Leo Nelson Riverside Water Treatment Plant relating
to the removal and replacement of deteriorated concrete at the entrance of the chlorination room;
and
WHEREAS, Contractor submitted a proposal for a job order contract for such work dated
August 13. 2024, consisting of six (6) pages, attached hereto as Attachment A ("Contractor's Job
Order Contract Proposal"); and
WHEREAS,the City Council has determined it to be in the best interests of the City to award
the contract to the Contractor for such work at the Leo Nelson Riverside Water Treatment Plant
(hereinafter referred to as the "Work").
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified in the ('°ntract I)ocuments. The Work is generally
described as follows:
This project will generally be comprised of certain repairs at the Leo Nelson Riverside Water
Treatment Plant relating to the removal and replacement of deteriorated concrete at the
entrance of the chlorination room. The scope of Work is summarized in Contractor's Job
Order Contract Proposal and includes certain repairs at the Leo Nelson Riverside Water
Treatment Plant relating to the removal and replacement of deteriorated concrete at the
entrance of the chlorination room.
Article 2. City Representative.
There is no Engineer for the Work. The City's Building Maintenance Superintendent shall act as
City's representative and shall assume and provide such duties and obligations of the Engineer to
the extent provided in the Contract Documents.
Article 3. Work Completion, Liquidated Damages, Delays and Damages.
3.1. Work Completion. The Work shall be completed as provided in the Contract Documents.
Substantial completion shall be within 120 calendar days of written Notice to Proceed. Final
Completion shall be within 240 calendar days of written Notice to Proceed. In the event of any
conflict between these dates and dates elsewhere in the Contract Documents, these dates shall
prevail. Time is of the essence of this Agreement.
3.2. Liquidated Damages. The City and Contractor agree that as reasonable liquidated damages
for delay (but not as a penalty) Contractor shall pay City $300.00 for each day beyond the time
specified for Substantial Completion in the Contract Documents. After Substantial Completion, if
Contractor shall neglect. refuse, or fail to complete the remaining Work within the times specified
in the Contract Documents (hereinafter referred to as "Contract Times") or any proper extension
thereof granted by City, Contractor shall pay City $300.00 for each day beyond the time for Final
Completion. Contractor agrees and acknowledges that such liquidated damages constitute a
reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole
recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's
delay. Contractor further acknowledges and agrees that in the event any provisions in any of the
Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages
resulting from Contractor's delay,the provisions of this paragraph shall control,and such conflicting
provisions and any Contract Documents shall not constitute, and shall not be construed as, a basis
by which to render the provisions of this paragraph unenforceable.
3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion
of the Work or achievement of any Contract Times because of any delays caused by City or
Engineer, Contractor shall have no claim against City or Engineer for damages or contract
adjustment other than an extension of the Contract Times as provided herein and the waiving of
liquidated damages during the period occasioned by the delay.
Article 4. Contract Price.
City shall pay Contractor$31,757.90 as indicated in the Contractor's Job Order Contract Proposal
for completion of the Work in accordance with the Contract Documents.
Article 5. Payments.
5.1. Payments. City shall make payments on the basis of Contractor's Applications for
Payment as recommended by the City's Building Maintenance Superintendent, in conformance with
the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the
Work measured by the schedules provided in the Contract Documents. Notwithstanding anything
to the contrary in any Contract Documents, City shall be entitled to withhold any payments pending
the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment
for all work performed by all subcontractors up to the date of Contractor's application for partial or
final payment in City's sole discretion. City shall further be entitled to make such payments directly
to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the
event City makes any such payments directly to any subcontractors. the amount of such payments
shall be deducted from the total amount due to Contractor pursuant to this Agreement; and
Contractor shall provide a written release to City in the amount of any such payments upon ten (10)
days written demand. Concurrent with all applications for payment, Contractor shall provide City
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with a sworn certification of all work performed by all subcontractors and amounts paid to all
subcontractors as of the date of application.
5.2. Retainage. City may withhold, from all payments prior to Substantial Completion, an
amount equal to up to ten percent (10%) of work completed, at City's sole discretion. Upon
Substantial Completion. City may release a portion of the retainage to Contractor, retaining at all
times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole
discretion. The time for payment of any retainage from City to Contractor shall be at City's sole
discretion. Such payment shall not be unreasonably withheld.
5.3. Final Payment. The City shall not be required to make final payment prior to
completion and acceptance of the Work by the City.
Article 6. Contract Documents.
There are no Contract Documents other than those listed below. The Contract Documents which
comprise the entire agreement between City and Contractor concerning the Work consist of the
following:
a. This Agreement.
b. Contractor's Job Order Contract Proposal, attached hereto as Attachment A.
c. General Conditions, based upon EJCDC No. 1910-8 (1996 Edition) as modified by the
City of Elgin, Illinois, attached hereto as Attachment B.
d. Supplementary Conditions Regarding Insurance, attached hereto as Attachment C.
e. Attachment D. Intentionally Omitted.
f. City Forms attached hereto as Attachment E.
g. Certificates of Insurance.
h. Bonds
i. Notice to Proceed.
j. The terms of a Joint Purchasing Agreement through National Cooperative Purchasing
Alliance, under Contract No. 04-27 for a base term September 5, 2023 to August 31,
2026, incorporated herein by reference. In the event of any conflict between the terms
of the Joint Purchasing Agreement through National Cooperative Purchasing Alliance.
and the other Contract Documents and this Agreement, the other Contract Documents
and this Agreement shall supersede and control.
k. Any subsequent Written Amendments to any documents listed above and other
documents amending,modifying or supplementing the Contract Documents,which may
be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
This Agreement and the Contract Documents listed above comprise the sole and exclusive
Agreement between the parties hereto. There are no other agreements between the parties hereto
either oral or written,and neither this Agreement nor any Contract Documents shall be modified or
amended without the written consent of the authorized representatives of the parties hereto.
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Article 7. Prevailing Wage.
This Agreement calls for the construction of a "public work" within the meaning of the Illinois
Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires
contractors and subcontractors to pay laborers, workers, and mechanics performing services on
public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus
amount for fringe benefits) in the county where the work is performed. The Illinois Department of
Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois
Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an
obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates.
For information regarding current prevailing wage rates, please refer to the Illinois Department of
Labor's website. All contractors and subcontractors rendering services under this Agreement must
comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage
requirements and notice and record keeping duties.
Article 8. Nondiscrimination/Affirmative Action.
The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion. sex, national origin, age, ancestry, order of protection status, familial status,
marital status, physical or mental disability, military status, sexual orientation, or unfavorable
discharge from military service which would not interfere with the efficient performance of the job
in question. Contractor shall take affirmative action to comply with the provisions of Elgin
Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written
commitment to comply with those provisions. Contractor shall distribute copies of this commitment
to all persons who participate in recruitment, screening, referral and selection of job applicants and
prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin
Municipal Code, 1976. as amended, is hereby incorporated by reference,as if set out verbatim.
Article 9. Miscellaneous.
a. Terms used in this Agreement shall have the meanings indicated in the General
Conditions.
b. No assignment or delegation by a party hereto of any rights under,obligations or interests
in the Contract Documents shall be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but without limitation moneys
that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law);and unless
specifically stated to the contrary in any written consent to an assignment,no assignment
shall release or discharge the assignor from any duty or responsibility under the Contract
Documents.
c. City and Contractor each binds itself, its partners, successors, employees, assigns, and
agents to the other party hereto, its partners, successors. employees, assigns, and agents
in respect of all covenants. agreements, and obligations contained in the Contract
Documents.
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d. The business address of Contractor is hereby designated as the place to which all notices.
letters,and other communication to Contractor shall be mailed or delivered. The address
of City is hereby designated as the place to which all notices, letters, and other
communication to the City shall be mailed or delivered. Such notices, letters and other
communications shall be directed to the City's General Services Manager. Either party
may change its address at any time by an instrument in writing delivered to Engineer and
to the other party.
e. The terms and provisions of this Agreement shall be severable. In the event any of the
terms or provisions of this Agreement shall be deemed to be void or otherwise
unenforceable for any reason,the remainder of this Agreement shall remain in full force
and effect.
f. This Agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes and the enforcement of any rights arising out of
or in connection with the Agreement shall be in the Circuit Court of Kane County,
Illinois.
g. This Agreement shall not be construed so as to create a partnership, joint venture.
employment or agency relationship between the parties hereto except as may be
specifically provided for herein.
I�. In the event of any conflict between any of the terms or provisions of this Agreement
and any other Contract Documents, the terms and provisions of this Agreement shall
control.
i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall
indemnify,defend and hold harmless the City, the Engineer, Engineer's consultants and
the officers, employees, boards and commissions of each and any of them from and
against any and all claims. suits.judgments, costs, attorneys' fees, damages or any and
all other relief or liability arising out of or resulting from or through, or alleged to arise
out of, any acts or negligent acts or omissions of Contractor or Contractor's officers,
employees,agents or subcontractors in the performance of this Agreement,or arising out
of or in connection with litigation based on any mechanic's lien or other claims, suits,
judgments and/or demands for damages by subcontractors. In the event of any action
against the City, its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended
by legal counsel of City's choosing. In the event and to the extent that any legal work is
performed by City's in-house legal counsel pursuant to the provisions of this section,
City shall be reimbursed by Contractor for such legal work at the rate of$200 per hour.
which rate Contractor hereby agrees and acknowledges to be a reasonable rate for such
in-house attorneys' fees. The provisions of this paragraph shall survive any expiration
and/or termination of this Agreement.
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j. Compliance with Laws. Notwithstanding any other provision of this Contract it is
expressly agreed and understood that in connection with the performance of this Contract
that the Contractor shall comply with all applicable Federal, State, City and other
requirements of law, including, but not limited to, any application requirements
regarding prevailing wages. minimum wage, workplace safety and legal status of
employees. Contractor shall also at its expense secure all permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
Contract. The City shall have the right to audit any records in the possession or control
of the Contractor to determine Contractor's compliance with the provisions of this
section. In the event the City proceeds with such an audit the Contractor shall make
available to the City the Contractor's relevant records at no cost to the City. Contractor
shall pay any and all costs associated with any such audit. Without limiting the
foregoing, Contractor hereby certifies, represents and warrants to the City that all
Contractor's employees and/or agents who will be providing products and/or services
with respect to this Contract shall be legally authorized to work in the United States.
k. No Interest. Contractor hereby waives any and all claims to interest on money claimed
to be due pursuant to this Agreement, and all such rights to interest to which it may
otherwise be entitled pursuant to law, including, but not limited to,pursuant to the Local
Government Prompt Payment Act (50 1LCS 505/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1, et seq.),as amended.
I. Limitation of Actions. Contractor agrees that any cause of action, lawsuit or other
legal claim by the Contractor arising out of this Agreement must be filed within one year
of the date the alleged cause of action,lawsuit or other legal claim arose or the same will
be time barred and waived and released by the Contractor.
m. Registration. Contractor hereby warrants and represents that it is registered with the
Illinois Secretary of State's Office or has been incorporated in the State of Illinois: and
such entity further hereby warrants and represents that it is in good standing in the state
of its incorporation or organization.
n. Counterparts 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.
This Agreement may be executed electronically,and any signed copy of this Agreement
transmitted by facsimile machine,email,or other electronic means shall be treated in all
manners and respects as an original document. The signature of any party on a copy of
this Agreement transmitted by facsimile machine, email,or other electronic means shall
be considered for these purposes an original signature and shall have the same legal
effect as an original signature.
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IN WITNESS WHEREOF, City and Contractor have signed this Agreement.
This Agreement shall be effective on August 28 , 2024.
CONTRACTOR: CITY• • of I:I01-1
()Wally signed Joshua
Curran
(0)3 cHascnrumC.u1an c=US.y`
Dote zna 08.22 os za ze osvo
I
By: Josh Curran By: Richard G. Kozal
Title: Vice President Title: City Manager
Address for giving notices: Address for giving notices:
F.H. Paschen, S.N.Nielsen&Associates, LLC City of Elgin
5515 N. East River Road 150 Dexter Court
Chicago, Illinois 60656 Elgin, Illinois 60120
Attn: Project Manager Attn: Glen Dettman
FEIN # 36-4518443
Legal Dept\Agreement\Paschen Agr-Riverside WTP-Chlorination Room-8-I5-24.docx
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ATTACHMENT A
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August 13, 2024
City of Elgin
151 Douglas Avenue
Elgin, IL 60120
Attn: Glen Dettman
RE: Elgin Riverside Water Plant—Chlorination
Dear Mr. Dettman,
F.H. Paschen has visited the project site with the City of Elgin and agreed to the following scope of
work. We are pleased to present the following scope of work for your review.
Chlorination
• Removal and disposal of existing concrete sidewalk to facilitate excavation.
o Install new'/4" smooth dowels 6-8" into the existing slab with dowels being countersunk
and the holes grouted.
• Prepare and replace existing sidewalk with 4000 psi air entrained concrete with fiber mesh
reinforcement.
o New sidewalk to match existing in depth and width and doweled to the existing concrete.
• Install new#5 Dowel pins.
• Cut,grind, remove existing rebar as required for proper coverage of new topping.
o Apply rust converter paint to exposed rebar.
o Paint rebar.
o Grind/remove top of existing wall and concrete slab to achieve a minimum of V2'pitch/
slope once the new Planitop X coating is applied at a 3/4"thickness.
• Prepare and clean concrete for application of coatings.
• Supply and install Tremco 350 Base Coat at area of concrete work performed in front of door
and two other locations.
• Supply and install Tremco 351 Top Coat over Base Coat and broadcast sand into wet coat for a
slip- free surface.
The budgeted cost to furnish and install the above referenced work is Thirty-One Thousand Seven
Hundred Fifty-Seven Dollars,$31,757.00
F.H.PASCHEN,S.N.NIELSEN&ASSOCIATES LLC
F.H. PASCHEN 5515 N.East River Road,Chicago, IL 60656
p.773 444.3474 f.773.693.0064 I www.fhpaschen.com
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Clarifications
• This proposal includes using the National Cooperative Purchasing Alliance(NCPA)Agreement,Contract
#04-27 and includes the associated fees.
• This proposal excludes permit fees.
• This proposal excludes the removal and disposal of any hazardous material.
• This proposal excludes any unforeseen conditions that may arise.
• This proposal excludes any overtime or premium time, proposal is based on normal work hours.
• This proposal excludes any payment and performance bonds.
• This proposal excludes sales tax.
• This proposal excludes any site restoration.
• This proposal excludes any site utilities work.
• This proposal excludes any plumbing.or fire suppression work.
• This proposal includes only the following items described in the above scope.
Please review this information at your earliest possible convenience and advise us as to how you wish to proceed.
All required documents will be submitted at your request. If you have any questions or concerns, please do not
hesitate to call.
City of Elgin Date
Dam Dom 08/13/2024
F.H. Paschen, S.N.Nielsen&Associates, LLC Date
FOR OFFICIAL USE ONLY
rim ? Final Estimate
Daniel Ciszewski
F.H. Paschen
0000 -NCPA-Base Term-9/05/2023 to 8/31/2026
Elgin Riverside Water Plant-4642 NCPA 04-27 2023-0030*
F.H. PASCHEN Daniel Ciszewski
Estimator: Daniel Ciszewski Clorination
Division Summary(MF04)
01 -General Requirements $9,864.30 26-Electrical
02-Existing Conditions S625.00 27-Communications
03-Concrete $5,019.61 28-Electronic Safety and Security
04-Masonry S492.00 31 -Earthwork S1.344.60
05-Metals 32-Exterior Improvements
06-Wood.Plastics.and Composites 33-Utilities
07-Thermal and Moisture Protection $3.787.50 34-Transportation
08-Openings 35-Waterway and Marine Transportation
09-Finishes $637.20 41 -Material Processing and Handling Equipment
10-Specialties 44-Pollution Control Equipment
11 -Equipment 46-Water and Wastewater Equipment
12-Furnishings 48-Electric Power Generation
13-Special Construction Alternate $7.553.80
14-Conveying Equipment Trades
21 -Fire Suppression Assemblies
22-Plumbing FMR
23-Heating,Ventilating,and Air-Conditioning(HVAC) MF04 Total(Without totalling components) $29,324.01
25-Integrated Automation
Totalling Components
Priced Line Items $29,324.01 NCPA-Regular Hours (-6.0000%) $(1.759.44)
RSMeans NORTH SUBURBAN,IL CCI 2024Q1, 114.30% $4,193.33
Grand Total $31,757.90
FOR OFFICIAL USE ONLY
Printed 13 AUG 2024 12:03PM v2.645 Page 1 of 4 Elgin Riverside Water Plant-4642 NCPA 04-27 2023-0030*
FOR OFFICIAL USE ONLY
Final Estimate
Estimator: Daniel Ciszewski Clorination
Item Description UM Quantity Unit Cost Total Book
01 - General Requirements
1 01-54-33-10-2600-2 Rent per day for rent saw concrete manual gas 18 HP Ea. 1.0000 $208.56 $208.56 RSM24FAC
E. O&P
Concrete saw rental
2 01-54-33-20-4890-2 Rent per day for rent loader,skid steer.wheeled. 1 CY 78 HP.diesel Ea. 3.0000 $421.63 $1,264.89 RSM24FAC
E. 08P
Skid steer rental
3 01-54-33-20-4893-2 Rent per day for rent skid steer attachment.backhoe Ea. 3.0000 $101.20 $393.60 RSM24FAC
E. 08P
Back hoe attachment
4 01-54-33-20-4897-2 Rent per day for rent skid steer attachment.concrete hammer Ea. 3.0000 $236.50 $709.50 RSM24FAC
E. O&P
Concrete Hammer attachment
5 01-54-36-50-1200 Mobilization or demobilization,delivery charge for small equipment,placed in Ea. 8.0000 $258.00 $2,064.90 RSM24FAC
rear of.or towed by pickup truck L.E. O&P
Mobilization and demobilization of crews and equipment
6 01-54-36-50-1300 Mobilization or demobilization,delivery charge for equipment,hauled on 3-ton Ea. 6.0000 $420.00 $2,520.00 RSM24FAC
capacity towed trailer L.E. O&P
Skid steer and attachments
7 01-93-13-03-0330 Prepare and re-surface old or coated concrete floor,epoxy/silica finish, 1/8" S.F. 375.0000 $7.45 52,793.75 RSM24FAC
thick,rolled,includes medium shotblast&cleaning M.L. O&P
Shot blast and apply base coat
135+80+160=375.00
01 -General Requirements Total $9,864.30
02 - Existing Conditions
8 02-41-19-19-0725 Selective demolition,rubbish handling,dumpster,20 C.Y..5 ton capacity. Week 1.0000 $625.00 $625.90 RSM24FAC
weekly rental,includes one dump per week,cost to be added to demolition cost M. O&P
Dumpster
02-Existing Conditions Total $625.00
03 - Concrete
9 03-05-13-25-1000 Aggregate,sand,washed,for plaster or mortar,loaded at the pit,prices per C.Y. 0.5556 $47.00 $26.11 RSM24FAC
C.Y.,includes material only M. o&P
Broadcast sand into wet Tremco 351 Top Coat for a slip-free surface.
10 03-21-11-60-2420 Reinforcing steel,in place,dowels,deformed,2'long,#5,A615,grade 60 Ea. 12.0000 $5.60 $67.20 RSM24FAC
Gm.M.L. O&P
Rebar
11 03-21-11-60-2430 Reinforcing steel,in place,dowels,deformed.2'long.#6,A615,grade 60 Ea. 12.0000 $7.15 $85.80 RSM24FAC
Gm.M.L. 08P
Rebar
12 03-30-53-40-4650 Structural concrete,in place.slab on grade(3500 psi).4"thick,includes forms(4 C.Y. 3.0000 $390.00 $1,170.00 RSM24FAC
uses),Grade 60 rebar.concrete(Portland cement Type I).and placing.excludes M.L.E. O&P
finishing
FOR OFFICIAL USE ONLY
Printed 13 AUG 2024 12:03PM v2.645 Page 2 of 4 Elgin Riverside Water Plant-4642 NCPA 04-27 2023-0030*
FOR OFFICIAL USE ONLY
Final Estimate
Estimator: Daniel Ciszewski Clorination
03-Concrete
Item Description UM Quantity Unit Cost Total Book
Concrete for new slab
13 03-31-13-70-4300 Structural concrete,placing.slab on grade,direct chute,up to 6"thick.includes C.Y. 3.0000 $35.50 $106.50 RSM24FAC
leveling(strike off)&consolidation.excludes material L.E. O&P
Labor only to place concrete slab on grade.
14 03-31-13-70-4300-5620 Structural concrete,placing.by walking cart, 150'haul,excludes material,add C.Y. 3.0000 $36.00 $108.00 RSM24FAC
to placing costs above(Modified using 03-31-13-70-5620) L.E. O&P
Cart concrete
15 03-35-13-30-0200 Concrete finishing.fresh concrete flatwork.floors,basic finishing for unspecified S.F. 135.0000 S1.61 $217.35 RSM24FAC
flatwork,bull float,manual float&manual steel trowel.excl placing,striking off& L. O&P
consolidating
Finish new concrete slab
16 03-35-16-30-3800 Concrete finishing,floor.dustproofing,liquid,for cured concrete.solvent-based. S.F. 450.0000 $0.71 $319.50 RSM24FAC
1 coat M.L. O8P
Furnish and install sealant on new concrete slab
70'3+160+80=450.00
17 03-39-23-13-0300 Concrete surface treatment,curing,sprayed membrane compound C.S.F. 4.7500 $33.00 $156.75 RSM24FAC
M.L. O8P
Concrete curing
70+135'3=475.00
[475 S.F.=4.75 C.S.F.Conversion]
18 03-54-16-50-2530 Cement underlayment.portland cement based.self-leveling,pumped.4100 psi. S.F. 135.0000 $8.80 $1.188.00 RSM24FAC
3/4"thick M.L.E Os
New 3/4"cement coating.1/2"minimum pitch/slope
19 03-63-05-10-1535 Chemical anchoring,for fastener 1"diam x 8"embedment.incl epoxy cartridge. Ea. 24.0000 $34.50 $828.00 RSM24FAC
excl layout.drilling&fastener M.L. O&P
Epoxy rebar into existing concrete
20 03-82-16-10-0500 Concrete impact drilling,for anchors.up to 4"D.3/4"dia,in concrete or brick Ea. 24.0000 $17.10 $410.40 RSM24FAC
walls and floors,includes bit cost,layout and set up time.excl anchor M.L. O&P
Concrete drilling
21 03-82-16-10-0500-0550 Concrete impact drilling.for anchors,3/4"dia.in concrete or brick walls and Ea. 96.0000 $3.50 $336.00 RSM24FAC
floors.includes bit cost.layout and set up time.excl anchor,for each additional M.L. O&P
inch of depth in same hole,add(Modified using 03-82-16-10-0550)
Concrete drilling remaining 4"of 8"depth
24'4=96.00
03-Concrete Total $5,019.61
04 - Masonry
22 04-01-20-52-0420 Cleaning masonry,high pressure wash,average soil.biological staining,water S.F. 240.0000 $2.05 $492.00 RSM24FAC
only,excludes scaffolding L E. O&P
Pressure wash existing concrete
160+80=240.00
04-Masonry Total $492.00
FOR OFFICIAL USE ONLY
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FOR OFFICIAL USE ONLY
Final Estimate
Estimator: Daniel Ciszewski Clorination
Item Description UM Quantity Unit Cost Total Book
07 -Thermal and Moisture Protection
23 07-56-10-10-0110 Elastomeric roofing,acrylic rubber,fluid applied.20 mils thick S.F. 750.0000 $5.05 $3,787.50 RSM24FAC
M.L.E. 08P
Furnish and apply Tremco 350/351 rubber membrane waterproofing on concrete slab
(135+160+80)'2=750.00
07 -Thermal and Moisture Protection Total $3,787.50
09 - Finishes
24 09-05-05-20-0700 Flooring demolition,concrete,scarify skin S.F. 135.0000 $4.72 $637.20 RSM24FAC
L.E. 08P
Scarify concrete
09-Finishes Total $637.20
31 - Earthwork
25 31-22-16-10-9100 Fine grading,machine grading,includes compaction,minimum labor/equipment Job 1.0000 $1.325.00 $1,325.00 RSM24FAC
charge L.E. O&P
Compact base for new concrete
26 31-23-23-15-0100 Borrow,material only.crushed stone. 1-1/2"to 3/4"size Ton 1.0000 $19.60 $19.60 RSM24FAC
M O8P
Material for stone base
=1.00
31 -Earthwork Total $1,344.60
Alternate
27 01-21-53-50-0550-L Cost adjustment factors,cut&patch to match existing construction,add to Costs 31,900.0000 9.0000% $2,871.00 CUSTOM
construction costs for particular job requirements,maximum L. O&P
28 01-21-53-50-0850-M Cost adjustment factors,dust protection,add to construction costs for particular Costs 31,900.0000 4.0000% $1,276.00 CUSTOM
job requirements,maximum M. O&P
29 EQLT Operators,Light Equipment Crew-2024-RSMeans Standard Books O&P Daily 3.0000 $1.135.60 $3,406.80 CUSTOM
L. O&P
Crew to sawcut.demolish and dispose of sidewalk,cut rebars on slab
Alternate Total $7,553.80
Estimate Grand Total 31,757.90
FOR OFFICIAL USE ONLY
Printed 13 AUG 2024 12:03PM v2.645 Page 4 of 4 Elgin Riverside Water Plant-4642 NCPA 04-27 2023-0030*
ATTACHMENT B
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These General Conditions are based upon the EJCDC No. 1910-8(1996 Edition)and have been modified by the City of Elgin
Illinois.
00-700-1
Copyright C1996
National Society of Professional Engineers
1420 King Street,Alexandria,VA 22314
American Consulting Engineers Council
1015 15th Street N.W.,Washington,DC 20005
American Society of Civil Engineers
345 East 47th Street,New York,NY 10017
00-700-2
TABLE OF CONTENTS
Page
ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6
1.01 Defined Terms 6
1.02 Terminology 8
ARTICLE 2-PRELIMINARY MATTERS 9
2.01 Delivery of Bonds 9
2.02 Copies of Documents 9
2.03 Commencement of Contract Times;Notice to Proceed 9
2.04 Starting the Work 9
2.05 Before Starting Construction 9
2.06 Preconstruction Conference 9
2.07 Initial Acceptance of Schedules 10
ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10
3.01 Intent 10
3.02 Reference Standards 10
3.03 Reporting and Resolving Discrepancies 10
3.04 Amending and Supplementing Contract Documents 10
3.05 Reuse of Documents 10
ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS 11
4.01 Availability of Lands 11
4.02 Subsurface and Physical Conditions 11
4.03 Differing Subsurface or Physical Conditions 11
4.04 Underground Facilities 12
4.05 Reference Points 12
4.06 Hazardous Environmental Condition at Site 13
ARTICLE 5-BONDS AND INSURANCE 13
5.01 Performance,Payment,and Other Bonds 13
5.02 Licensed Sureties and Insurers 14
5.03 Certificates of Insurance 14
5.04 CONTRACTOR'S Liability Insurance 14
5.05 Contractor's Property Insurance.... 15
5.06 Waiver of Rights 15
5.07 Acceptance of Bonds and Insurance;Option to Replace 15
5.08 Partial Utilization,Acknowledgment of Property Insurer 16
ARTICLE 6-CONTRACTORS RESPONSIBILITIES 16
6.01 Supervision and Superintendence 16
6.02 Labor; Working Hours 16
6.03 Services,Materials,and Equipment 16
6.04 Progress Schedule 16
6.05 Substitutes and Or-Equals 17
6.06 Concerning Subcontractors,Suppliers,and Others 18
6.07 Patent Fees and Royalties 18
6.08 Permits 19
6.09 Laws and Regulations 19
6.10 Taxes 19
6.11 Use of Site and Other Areas 19
6.12 Record Documents 20
6.13 Safety and Protection 20
6.14 Safety Representative 20
6.15 Hazard Communication Programs 20
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6.16 Emergencies 20
6.17 Shop Drawings and Samples 20
6.18 Continuing the Work 22
6.19 CONTRACTORS General Warranty and Guarantee 22
6.20 Indemnification 22
ARTICLE 7-OTHER WORK 23
7.01 Related Work at Site 23
7.02 Coordination 23
ARTICLE 8-OWNERS RESPONSIBILITIES 23
8.01 Communications to Contractor 23
ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 24
9.01 OWNERS Representative 24
9.02 Visits to Site 24
9.03 Project Representative 24
9.04 Clarifications and Interpretations 25
9.05 Authorized Variations in Work 25
9.06 Rejecting Defective Work 25
9.07 Determinations for Unit Price Work 25
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 25
9.09 Limitations on ENGINEERS Authority and Responsibilities 25
ARTICLE 10-CHANGES IN THE WORK;CLAIMS 26
10.01 Authorized Changes in the Work 26
10.02 Unauthorized Changes in the Work 26
10.03 Execution of Change Orders 26
10.04 Notification to Surety 26
10.05 Claims and Disputes 26
ARTICLE 11 -COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 27
11.01 Cost of the Work 27
11.02 Cash Allowances 28
11.03 Unit Price Work 29
ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 29
12.01 Change of Contract Price 29
12.02 Change of Contract Times 30
12.03 Delays Beyond CONTRACTORS Control 30
12.04 Delays Within CONTRACTORS Control 30
12.05 Delays Beyond OWNERS and CONTRACTORS Control 30
12.06 Delay Damages 30
ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 30
13.01 Notice of Defects 30
13.02 Access to Work 30
13.03 Tests and Inspections 31
13.04 Uncovering Work 31
13.05 OWNER May Stop the Work 31
13.06 Correction or Removal of Defective Work 31
13.07 Correction Period 31
13.08 Acceptance of Defective Work 32
13.09 OWNER May Correct Defective Work 32
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 33
14.01 Schedule of Values 33
14.02 Progress Payments 33
14.03 CONTRACTORS Warranty of Title 34
14.04 Substantial Completion 34
14.05 Partial Utilization 35
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14.06 Final Inspection 35
14.07 Final Payment 35
14.08 Waiver of Claims 36
ARTICLE 15-TERMINATION 36
15.01 OWNER May Terminate for Cause 36
15.02 OWNER May Terminate For Convenience 36
ARTICLE 16-DISPUTE RESOLUTION 37
16.01 Methods and Procedures 37
ARTICLE 17-MISCELLANEOUS 37
17.01 Giving Notice 37
17.02 Computation of Times 37
17.03 Cumulative Remedies 37
17.04 Survival of Obligations 37
17.05 Controlling Law 37
17.06 Professional Fees and Court Costs Included 37
17.07 Prevailing Wage Rates 37
00-700-5
GENERAL CONDITIONS
ARTICLE I -DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price or
Contract Times, or both,or other relief with respect to the
1.01 Defined Terms terms of the Contract. A demand for money or services by a
third party is not a Claim.
A. Wherever used in the Contract Documents and printed
with initial or all capital letters,the terms listed below shall have 11. Contract--The entire and integrated written
the meanings indicated which are applicable to both the singular agreement between the OWNER and CONTRACTOR
and plural thereof. concerning the Work. The Contract supersedes prior
negotiations,representations,or agreements,whether written
1. Addenda--Written or graphic instruments issued or oral.
prior to the opening of Bids which clarify,correct,or change
the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents
establish the rights and obligations of the parties and include
2. Agreement--The written instrument which is the Agreement, Addenda (which pertain to the Contract
evidence of the agreement between OWNER and Documents), CONTRACTOR's Bid (including
CONTRACTOR covering the Work. documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award),the
3. Application for Payment--The form acceptable to Notice to Proceed,the Bonds,Certificates of Insurance,these
ENGINEER which is to be used by CONTRACTOR during General Conditions, the Supplementary Conditions, the
the course of the Work in requesting progress or final Specifications and the Drawings as the same are more
payments and which is to be accompanied by such specifically identified in the Agreement, together with all
supporting documentation as is required by the Contract Written Amendments, Change Orders, Work Change
Documents. Directives, Field Orders, and ENGINEER's written
interpretations and clarifications issued on or after the
4. Asbestos--Any material that contains more than one Effective Date of the Agreement. Approved Shop Drawings
percent asbestos and is friable or is releasing asbestos fibers and the reports and drawings of subsurface and physical
into the air above current action levels established by the conditions are not Contract Documents. Only printed or hard
United States Occupational Safety and Health copies of the items listed in this paragraph are Contract
Administration. Documents. Files in electronic media format of text,data,
graphics,and the like that may be furnished by OWNER to
5. Bid--The offer or proposal of a bidder submitted on CONTRACTOR are not Contract Documents.
the prescribed form setting forth the prices for the Work to
be performed. 13. Contract Price--The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
6. Bidding Documents--The Bidding Requirements accordance with the Contract Documents as stated in the
and the proposed Contract Documents (including all Agreement(subject to the provisions of paragraph 11.03 in
Addenda issued prior to receipt of Bids). the case of Unit Price Work).
7. Bidding Requirements--The Advertisement or 14. Contract Times--The number of days or the dates
Invitation to Bid,Instructions to Bidders,Bid security form, stated in the Agreement to: (i) achieve Substantial
if any,and the Bid form with any supplements. Completion;and(ii)complete the Work so that it is ready for
final payment as evidenced by ENGINEER's written
8. Bonds--Performance and payment bonds and other recommendation of final payment.
instruments of security.
15. CONTRACTOR--The individual or entity with
9. Change Order--a change in a contract term other whom OWNER has entered into the Agreement.
than as specifically provided in the contract which authorizes
or necessitates any increase or decrease in the cost of the 16. Cost of the Work--See paragraph 11.01.A for
contract or the time of completion by thirty (30) days or definition.
more.
17. Drawings or Plans--That part of the Contract
Documents prepared or approved by ENGINEER which
00-700-6
graphically shows the scope, extent, and character of the Contract Times shall commence to run and on which
Work to be performed by CONTRACTOR. Shop Drawings CONTRACTOR shall start to perform the Work under the
and other CONTRACTOR submittals are not Drawings as Contract Documents.
so defined.
30. OWNER--The City of Elgin
18. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective, 31. Partial Utilization--Use by OWNER of a
but if no such date is indicated,it means the date on which substantially completed part of the Work for the purpose for
the Agreement is signed and delivered by the last of the two which it is intended (or a related purpose) prior to
parties to sign and deliver. Substantial Completion of all the Work.
19. ENGINEER--The individual or entity named as 32. PCBs--Polychlorinated biphenyls.
such in the Agreement.
33. Petroleum--Petroleum, including crude oil or any
20. ENGINEER's Consultant--An individual or entity fraction thereof which is liquid at standard conditions of
having a contract with ENGINEER to furnish services as temperature and pressure(60 degrees Fahrenheit and 14.7
ENGINEER's independent professional associate or pounds per square inch absolute),such as oil,petroleum,fuel
consultant with respect to the Project and who is identified as oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed
such in the Supplementary Conditions. with other non-Hazardous Waste and crude oils.
21. Field Order--A written order issued by ENGINEER 34. Project--The total construction of which the Work
which requires minor changes in the Work but which does to be performed under the Contract Documents may be the
not involve a change in the Contract Price or the Contract whole, or a part, as may be indicated elsewhere in the
Times. Contract Documents.
22. General Requirements--Sections of Division 1 of 35. Project Manual--The bound documentary
the Specifications. The General Requirements pertain to all information prepared for bidding and constructing the Work.
sections of the Specifications. A listing of the contents of the Project Manual,which may
be bound in one or more volumes,is contained in the table(s)
23. Hazardous Environmental Condition--The of contents.
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste,or Radioactive Material in such quantities 36. Radioactive Material--Source,special nuclear,or
or circumstances that may present a substantial danger to byproduct material as defined by the Atomic Energy Act of
persons or property exposed thereto in connection with the 1954(42 USC Section 2011 et seq.)as amended from time
Work. to time.
24. Hazardous Waste--The term Hazardous Waste shall 37. Resident Project Representative--The authorized
have the meaning provided in Section 1004 of the Solid representative of ENGINEER who may be assigned to the
Waste Disposal Act(42 USC Section 6903) as amended Site or any part thereof.
from time to time.
38. Samples--Physical examples of materials,
25. Laws and Regulations;Laws or Regulations—Any equipment,or workmanship that are representative of some
and all applicable laws,rules,regulations,ordinances,codes, portion of the Work and which establish the standards by
and orders of any and all governmental bodies, agencies, which such portion of the Work shall be judged.
authorities,and courts having jurisdiction.
39. Shop Drawings--All drawings, diagrams,
26. Liens--Charges,security interests,or encumbrances illustrations,schedules,and other data or information which
upon Project funds,real property,or personal property. are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
27. Milestone--A principal event specified in the illustrate some portion of the Work.
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the Work. 40. Site--Lands or areas indicated in the Contract
28. Reserved Documents as being furnished by OWNER upon which the
Work is to be performed, including rights-of-way and
29. Notice to Proceed--A written notice given by easements for access thereto,and such other lands furnished
OWNER to CONTRACTOR fixing the date on which the
00-700-7
by OWNER which are designated for the use of 49. Work Change Directive--A written statement to
CONTRACTOR. CONTRACTOR issued on or after the Effective Date of the
Agreement and signed by OWNER ordering an addition,
41. Specifications--That part of the Contract deletion,or revision in the Work,or responding to differing
Documents consisting of written technical descriptions of or unforeseen subsurface or physical conditions under which
materials,equipment,systems,standards,and workmanship the Work is to be performed or to emergencies. A Work
as applied to the Work and certain administrative details Change Directive shall not change the Contract Price or the
applicable thereto. Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
42. Subcontractor--An individual or entity having a Directive shall be incorporated in a subsequently issued
direct contract with CONTRACTOR or with any other Change Order following negotiations by the parties as to its
Subcontractor for the performance of a part of the Work at effect,if any,on the Contract Price or Contract Times.
the Site.
50. Written Amendment--A written statement modifying
43. Substantial Completion--The time at which the the Contract Documents, signed by OWNER and
Work(or a specified part thereof)has progressed to the point CONTRACTOR on or after the Effective Date of the
where, in the opinion of ENGINEER, the Work (or a Agreement and normally dealing with the non-engineering or
specified part thereof)is sufficiently complete,in accordance nontechnical rather than strictly construction-related aspects
with the Contract Documents, so that the Work (or a of the Contract Documents.
specified part thereof)can be utilized for the purposes for
which it is intended. The terms"substantially complete"and 1.02 Terminology
"substantially completed" as applied to all or part of the
Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives
44. Supplementary Conditions--That part of the 1. Whenever in the Contract Documents the terms"as
Contract Documents which amends or supplements these allowed,""as approved,"or terms of like effect or import are
General Conditions. used, or the adjectives "reasonable," "suitable,"
"acceptable,""proper,""satisfactory,"or adjectives of like
45. Supplier--A manufacturer, fabricator, supplier, effect or import are used to describe an action or
distributor,materialman,or vendor having a direct contract determination of ENGINEER as to the Work,it is intended
with CONTRACTOR or with any Subcontractor to furnish that such action or determination shall be solely to evaluate,
materials or equipment to be incorporated in the Work by in general, the completed Work for compliance with the
CONTRACTOR or any Subcontractor. requirements of and information in the Contract Documents
and conformance with the design concept of the completed
46. Underground Facilities--All underground Project as a functioning whole as shown or indicated in the
pipelines,conduits,ducts,cables,wires,manholes,vaults, Contract Documents (unless there is a specific statement
tanks,tunnels,or other such facilities or attachments,and any indicating otherwise). The use of any such term or adjective
encasements containing such facilities,including those that shall not be effective to assign to ENGINEER any duty or
convey electricity,gases,steam,liquid petroleum products, authority to supervise or direct the performance of the Work
telephone or other communications,cable television,water, or any duty or authority to undertake responsibility contrary
wastewater,storm water,other liquids or chemicals,or traffic to the provisions of paragraph 9.10 or any other provision of
or other control systems. the Contract Documents.
47. Unit Price Work--Work to be paid for on the basis B. Day
of unit prices.
1. The word"day"shall constitute a calendar day of24
48. Work--The entire completed construction or the hours measured from midnight to the next midnight.
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes and
is the result of performing or providing all labor,services,
and documentation necessary to produce such construction, C. Defective
and furnishing,installing,and incorporating all materials and
equipment into such construction, all as required by the 1. The word "defective," when modifying the word
Contract Documents. "Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
00-700-8
inspection,reference standard,test,or approval referred to in Proceed. A Notice to Proceed may be given at any time within
the Contract Documents, or has been damaged prior to 30 days after the Effective Date of the Agreement.
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by 2.04 Starting the Work
OWNER at Substantial Completion in accordance with
paragraph 14.04 or 14.05). A. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run. No Work shall
D. Furnish.Install.Perform.Provide be done at the Site prior to the date on which the Contract Times
commence to run.
1. The word"furnish,"when used in connection with
services,materials,or equipment,shall mean to supply and 2.05 Before Starting Construction
deliver said services,materials,or equipment to the Site(or
some other specified location) ready for use or installation A. CO.N'TRACTOR's Review of Contract Documents:
and in usable or operable condition. Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents and
2. The word"install,"when used in connection with check and verify pertinent figures therein and all applicable field
services,materials,or equipment,shall mean to put into use measurements. CONTRACTOR shall promptly report in
or place in final position said services, materials, or writing to ENGINEER any conflict, error, ambiguity, or
equipment complete and ready for intended use. discrepancy which CONTRACTOR may discover and shall
obtain a written interpretation or clarification from ENGINEER
3. The words"perform"or"provide,"when used in before proceeding with any Work affected thereby; however.
connection with services, materials, or equipment, shall CONTRACTOR shall not be liable to OWNER or ENGINEER
mean to furnish and install said services, materials, or for failure to report any conflict,error,ambiguity,or discrepancy
equipment complete and ready for intended use. in the Contract Documents unless CONTRACTOR knew or
reasonably should have known thereof.
4. When"furnish,""install,""perform,"or"provide"
is not used in connection with services, materials, or B. Preliminary Schedules: Within ten days after the
equipment in a context clearly requiring an obligation of Effective Date of the Agreement(unless otherwise specified in
CONTRACTOR,"provide"is implied. the General Requirements), CONTRACTOR shall submit to
ENGINEER for its timely review:
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or 1. a preliminary progress schedule indicating the times
construction industry or trade meaning are used in the Contract (numbers of days or dates) for starting and completing the
Documents in accordance with such recognized meaning. various stages of the Work, including any Milestones
specified in the Contract Documents;
ARTICLE 2-PRELIMINARY MATTERS
2. a preliminary schedule of Shop Drawing and
Sample submittals which shall list each required submittal
2.01 Delivers'of Bonds and the times for submitting.reviewing,and processing such
submittal;and
A. When CONTRACTOR delivers the executed
Agreements to OWNER,CONTRACTOR shall also deliver to 3. a preliminary schedule of values for all ofthe Work
OWNER such Bonds and certificates of insurance as which includes quantities and prices of items which when
CONTRACTOR may be required to furnish. added together equal the Contract Price and subdivides the
Work into component parts in sufficient detail to serve as the
2.02 Copies of Documents basis for progress payments during performance ofthe Work.
Such prices shall include an appropriate amount ofoverhead
A. OWNER shall furnish to CONTRACTOR up to ten and profit applicable to each item of Work.
copies of the Contract Documents. Additional copies shall be 2.06 Preconstruction Conference
furnished upon request at the cost of reproduction.
A. Within I0 days after the date of delivery of the Project
2.03 Commencement of Contract Times;Notice to Proceed Schedules referenced herein but before any Work at the Site is
started,a conference attended by CONTRACTOR,ENGINEER,
A. The Contract Times shall commence to run on the the OWNER and others as appropriate shall be held to establish
thirtieth day after the Effective Date of the Agreement or, if a a working understanding among the parties as to the Work and to
Notice to Proceed is given,on the day indicated in the Notice to discuss the schedules referred to in paragraph 2.05.B,
00-700-9
procedures for handling Shop Drawings and other submittals, 1. Il•; during the performance of the Work,
processing Applications for Payment,and maintaining required CONTRACTOR discovers any conflict,error,ambiguity,or
records. discrepancy within the Contract Documents or between the
Contract Documents and any provision of any Law or
2.07 Initial Acceptance of Schedules: reserved Regulation applicable to the performance of the Work or of
any standard, specification, manual or code, or of any
instruction of any Supplier,CONTRACTOR shall report it
ARTICLE 3-CONTRACT DOCUMENTS: INTENT, to ENGINEER in writing within three business days.
AMENDING,REUSE CONTRACTOR shall not proceed with the Work affected
thereby(except in an emergency as required by paragraph
6.16.A)until an amendment or supplement to the Contract
3.01 Intent Documents has been issued by OWNER or ENGINEER as
provided for herein.
A. The Contract Documents are complementary;what is
called for by one is as binding as if called for by all. B. Resolving Discrepancies
B. Any applicable labor, documentation, services, 1. Except as may be otherwise specifically stated in the
materials,or equipment that may reasonably be inferred from the Contract Documents, the provisions of the Contract
Contract Documents or from prevailing custom or trade usage as Documents shall take precedence in resolving any conflict,
being required to produce the intended result shall be provided error,ambiguity,or discrepancy between the provisions of
whether or not specifically called for at no additional cost to the Contract Documents and:
OWNER.
a. the provisions of any standard, specification,
C. Clarifications and interpretations of the Contract manual,code,or instruction(whether or not specifically
Documents shall be issued by ENGINEER as provided in incorporated by reference in the Contract Documents);
Article 9. provided however, that any conflict between the
provisions of the Contract Documents and any Laws or
3.02 Reference Standards Regulations applicable to the performance of the Work
shall be resolved in favor of the Laws or Regulations.
A. Standards, Specifications, Codes, Laws, and
Regulations 3.04 Amending and Supplementing Contract Documents
1. Reference to standards,specifications,manuals,or A. The Contract Documents may be amended to provide for
codes of any technical society,organization,or association, additions,deletions,and revisions in the Work or to modify the
or to Laws or Regulations, whether such reference be terms and conditions thereof in one or more of the following
specific or by implication, shall mean the standard, ways:(i)a Written Amendment;(ii)a Change Order;or(iii)a
specification,manual,code,or Laws or Regulations in effect Work Change Directive.
at the time of opening of Bids,except as may be otherwise
specifically stated in the Contract Documents. B. The requirements of the Contract Documents may be
supplemented,and minor variations and deviations in the Work
2. No provision of any such standard,specification, may be authorized,by one or more of the following ways:(i)a
manual or code, or any instruction of a Supplier shall be Field Order;(ii)ENGINEER's approval of a Shop Drawing or
effective to change the duties or responsibilities ofOWNER, Sample; or (iii) ENGINEER's written interpretation or
CONTRACTOR, or ENGINEER, or any of their clarification.
subcontractors,consultants,agents,or employees from those
set forth in the Contract Documents, nor shall any such 3.05 Reuse of Documents
provision or instruction be effective to assign to OWNER, A. CONTRACTOR and any Subcontractor or Supplier or
ENGINEER,or any of ENGINEER's Consultants,agents,or other individual or entity performing or furnishing any of the
employees any duty or authority to supervise or direct the Work: (i) shall not have or acquire any title to or ownership
performance of the Work or any duty or authority to rights in any of the Drawings,Specifications,or other documents
undertake responsibility inconsistent with the provisions of (or copies of any thereof) prepared by or bearing the seal of
the Contract Documents. ENGINEER or ENGINEER's Consultant,including electronic
media editions;and(ii) shall not reuse any of such Drawings,
3.03 Reporting and Resolving Discrepancies Specifications,other documents,or copies thereof on extensions
of the Project or any other project without written consent of
A. Reporting Discrepancies OWNER and ENGINEER and specific written ratification by
00-700-10
ENGINEER. This prohibition shall survive final payment, 2. other data, interpretations, opinions, and
completion, and acceptance of the Work, or termination or information contained in such reports or shown or indicated
completion of the Contract. Nothing herein shall preclude in such drawings;or
CONTRACTOR from retaining copies of the Contract
Documents for record purposes. 3. any CONTRACTOR interpretation ofor conclusion
drawn from any "technical data" or any such other data,
interpretations,opinions,or information.
ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE
AND PHYSICAL CONDITIONS;REFERENCE POINTS 4.03 Deering Subsurface or Physical Conditions
A. Notice: IfCONTRACTOR believes that any subsurface
4.01 Availability of Lands or physical condition at or contiguous to the Site that is
uncovered or revealed either:
A. OWNER shall furnish reasonable access to the Site.
OWNER shall notify CONTRACTOR of any encumbrances or 1. is of such a nature as to establish that any"technical
restrictions not of general application but specifically related to data" on which CONTRACTOR is entitled to rely as
use of the Site with which CONTRACTOR must comply in provided in paragraph 4.02 is materially inaccurate;or
performing the Work. OWNER shall obtain in a timely manner
and pay for easements for permanent structures or permanent 2. is of such a nature as to require a change in the
changes in existing facilities. Contract Documents;or
B. CONTRACTOR shall provide for all additional lands 3. differs materially from that shown or indicated in the
and access thereto that may be required for temporary Contract Documents;or
construction facilities or storage of materials and equipment.
4. is of an unusual nature,and differs materially from
4.02 Subsurface and Physical Conditions conditions ordinarily encountered and generally recognized
as inherent in work of the character provided for in the
A. Reports and Drawings: The Supplementary Conditions Contract Documents;
identify:
then CONTRACTOR shall, promptly after becoming aware
1. those reports of explorations and tests ofsubsurface thereof and before further disturbing the subsurface or physical
conditions at or contiguous to the Site that ENGINEER has conditions or performing any Work in connection therewith
used in preparing the Contract Documents;and (except in an emergency as required by paragraph 6.16.A),
notify OWNER and ENGINEER in writing about such
2. those drawings of physical conditions in or relating condition. CONTRACTOR shall not further disturb such
to existing surface or subsurface structures at or contiguous condition or perform any Work in connection therewith(except
to the Site(except Underground Facilities)that ENGINEER as aforesaid)until receipt of written order to do so.
has used in preparing the Contract Documents.
B. ENGINEER's Review: After receipt of written notice as
B. Limited Reliance by CONTRACTOR on Technical Data required by paragraph 4.03.A, ENGINEER shall promptly
Authorized: CONTRACTOR may rely upon the general review the pertinent condition, determine the necessity of
accuracy of the"technical data"contained in such reports and OWNER's obtaining additional exploration or tests with respect
drawings, but such reports and drawings are not Contract thereto, and advise OWNER in writing (with a copy to
Documents. Such "technical data" is identified in the CONTRACTOR)of ENGINEER's findings and conclusions.
Supplementary Conditions. Except for such reliance on such
"technical data,"CONTRACTOR may not rely upon or make C. Possible Price and Times Adjustments
any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to: 1. The Contract Price or the Contract Times,or both,
shall be equitably adjusted,in the form of a Change Order,to
1. the completeness of such reports and drawings for the extent that the existence of such differing subsurface or
CONTRACTOR's purposes,including,but not limited to, physical condition causes an increase or decrease in
any aspects of the means,methods,techniques,sequences, CONTRACTOR's cost of,or time required for,performance
and procedures of construction to be employed by of the Work;subject,however,to the following:
CONTRACTOR, and safety precautions and programs
incident thereto;or a. such condition must meet any one or more of
the categories described in paragraph 4.03.A;and
00-700-11
2. the cost of all of the following shall be included in
b. with respect to Work that is paid for on a Unit the Contract Price, and CONTRACTOR shall have full
Price Basis, any adjustment in Contract Price shall be responsibility for:
subject to the provisions of paragraphs 9.08 and 11.03.
a. reviewing and checking all such information
2. CONTRACTOR shall not be entitled to any and data,
adjustment in the Contract Price or Contract Times if
b. locating all Underground Facilities shown or
a. CONTRACTOR knew of the existence of such indicated in the Contract Documents,
conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price c. coordination of the Work with the owners of
and Contract Times by the submission of a Bid or such Underground Facilities,including OWNER,during
becoming bound under a negotiated contract;or construction,and
b. the existence of such condition could d. the safety and protection of all such
reasonably have been discovered or revealed as a result Underground Facilities and repairing any damage
of any examination, investigation,exploration,test,or thereto resulting from the Work.
study of the Site and contiguous areas required by the
Bidding Requirements or Contract Documents to be B. Not Shown or Indicated
conducted by or for CONTRACTOR prior to 1. If an Underground Facility is uncovered or revealed
CONTRACTOR's making such final commitment;or at or contiguous to the Site which was not shown or
indicated, or not shown or indicated with
c. CONTRACTOR failed to give the written reasonable accuracy in the Contract Documents,
notice promptly and as required by paragraph 4.03.A. CONTRACTOR shall, promptly after becoming
aware thereof and before further disturbing
d. CONTRACTOR represents he has made a conditions affected thereby or performing any Work
reasonable inspection of the construction site and hereby in connection therewith(except in an emergency as
voluntarily waives the incorporation of the provisions of required by paragraph 6.16.A),identify the owner
30 ILCS 557/1 et seq.and represents that the negotiated of such Underground Facility and give written
contract price is the sole consideration for the notice to that owner and to OWNER and
construction of the improvement described in this ENGINEER. ENGINEER shall promptly review
contract. Further, OWNER shall not be liable to the Underground Facility and determine the extent,
CONTRACTOR for any amount of money over the if any,to which a change is required in the Contract
negotiated contract price. Documents to reflect and document the
3. OWNER, ENGINEER, and ENGINEER's consequences of the existence or location of the
Consultants shall not be liable to CONTRACTOR for any Underground Facility. During such time,
claims,costs,losses,or damages(including but not limited to CONTRACTOR shall be responsible for the safety
all fees and charges of engineers,architects,attorneys,and and protection of such Underground Facility.
other professionals and all court or arbitration or other
dispute resolution costs)sustained by CONTRACTOR on or 2. If ENGINEER concludes that a change in the
in connection with any other project or anticipated project. Contract Documents is required,a Work Change
Directive Or a Change Order may be issued at
4.04 Underground Facilities OWNER'S discretion to reflect and document such
consequences.
A. Shown or Indicated:Any information and data shown
or indicated in the Contract Documents with respect to existing C. The provisions of paragraphs 4.02,4.03,and 4.04 shall not
Underground Facilities at or contiguous to the Site is based on apply to a Hazardous Environmental Condition uncovered or
information and data furnished to OWNER or ENGINEER by revealed at the Site.
the owners of such Underground Facilities,including OWNER,
or by others. Unless it is otherwise expressly provided in the 4.05 Reference Points
Supplementary Conditions:
A. OWNER shall provide land surveys necessary to
1. OWNER and ENGINEER shall not be responsible
for the accuracy or completeness of any such information or establish right of way, easements and property lines.
data;and ENGINEER shall provide base lines,benchmarks and reference
points which in ENGINEER'S judgment are necessary to enable
CONTRACTOR to proceed with the Work. CONTRACTOR
00-700-12
shall provide all stakes,markers,labor and assistance required D. If CONTRACTOR encounters a Hazardous
by ENGINEER. CONTRACTOR shall be responsible for Environmental Condition or if CONTRACTOR or anyone for
laying out the Work,shall protect and preserve the established whom the CONTRACTOR is responsible creates a Hazardous
reference points and property monuments, and shall make no Environmental Condition,CONTRACTOR shall immediately:
changes or relocations without the prior written approval of (i)secure or otherwise isolate such condition;(ii)stop all Work
OWNER. CONTRACTOR shall report to ENGINEER in connection with such condition and in any area affected
whenever any reference point or property monument is lost or thereby(except in an emergency as required by paragraph 6.16);
destroyed or requires relocation because of necessary changes in and (iii) notify OWNER and ENGINEER (and promptly
grades or locations, and shall be responsible and pay for the thereafter confirm such notice in writing(and promptly thereafter
accurate replacement or relocation of such reference points or confirm such notice in writing). OWNER shall promptly consult
property monuments by professionally qualified personnel. with ENGINEER concerning the necessity for OWNER to retain
a qualified expert to evaluate such condition or take corrective
4.06 Hazardous Environmental Condition at Site action if any.
A. Reports and Drawings: Reference is made to the E. CONTRACTOR shall not be required to resume Work
Supplementary Conditions for the identification of those reports in connection with such condition or in any affected area until
and drawings relating to a Hazardous Environmental Condition after OWNER has obtained any required permits related thereto
identified at the Site, if any, that have been utilized by the and delivered to CONTRACTOR written notice:(i)specifying
ENGINEER in the preparation of the Contract Documents. that such condition and any affected area is or has been rendered
safe for the resumption of Work;or(ii)specifying any special
B. Limited Reliance by CONTRACTOR on Technical Data conditions under which such Work may be resumed safely.
Authorized: CONTRACTOR may rely upon the general
accuracy of the"technical data"contained in such reports and F. If after receipt of such written notice CONTRACTOR
drawings, but such reports and drawings are not Contract does not agree to resume such Work or does not agree to resume
Documents. Such `technical data" is identified in the such Work under such special conditions,then OWNER may
Supplementary Conditions. Except for such reliance on such order the portion of the Work that is in the area affected by such
"technical data,"CONTRACTOR may not rely upon or make condition to be deleted from the Work. OWNER shall be
any Claim against OWNER, ENGINEER or any of entitled to deduct the cost of such Work from the Contract Price.
ENGINEER's Consultants with respect to: G. To the fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless OWNER,
1. the completeness of such reports and drawings for ENGINEER, ENGINEER's Consultants, and the officers,
CONTRACTOR's purposes, including,but not limited to, directors, partners, employees, agents, other consultants, and
any aspects of the means,methods,techniques,sequences subcontractors of each and any of them from and against all
and procedures of construction to be employed by claims,costs,losses,and damages(including but not limited to
CONTRACTOR and safety precautions and programs all fees and charges of engineers,architects,attorneys,and other
incident thereto;or professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to a Hazardous
2. other data,interpretations,opinions and information Environmental Condition created by CONTRACTOR or by
contained in such reports or shown or indicated in such anyone for whom CONTRACTOR is responsible. Nothing in
drawings;or this paragraph shall obligate CONTRACTOR to indemnify any
individual or entity from and against the consequences of that
3. any CONTRACTOR interpretation ofor conclusion individual's or entity's own negligence.
drawn from any `technical data" or any such other data,
interpretations,opinions or information. ARTICLE 5-BONDS AND INSURANCE
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed at 5.01 Performance,Payment,and Other Bonds
the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be A. CONTRACTOR shall furnish performance and payment
within the scope of the Work. CONTRACTOR shall be Bonds,each in an amount at least equal to the Contract Price as
responsible for a Hazardous Environmental Condition created security for the faithful performance and payment of all
with any materials brought to the Site by CONTRACTOR, CONTRACTOR's obligations under the Contract Documents.
Subcontractors, Suppliers, or anyone else for whom These Bonds shall remain in effect at least until one year after the
CONTRACTOR is responsible. date when final payment becomes due, except as provided
otherwise by Laws or Regulations or by the Contract Documents.
00-700-13
CONTRACTOR shall also furnish such other Bonds as are it is excess or pro rata,it shall be endorsed to be primary with
required by the Contract Documents. respect to the City of Elgin.
B. All Bonds shall be in the form prescribed by the C. The policies to be purchased and maintained shall be
Contract Documents except as provided otherwise by Laws or furnished by insurers with A.M.Best Company rating of at least
Regulations,and shall be executed by such sureties as are named A-(Excellent)and a financial size category of VIII or greater.
in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as 5.04 CONTRACTOR's Liability Insurance
Acceptable Reinsuring Companies"as published in Circular 570
(amended)by the Financial Management Service,Surety Bond A. CONTRACTOR shall purchase and maintain such
Branch,U.S.Department ofthe Treasury or as may otherwise be liability and other insurance as is appropriate for the Work being
acceptable to OWNER at OWNER'S discretion. All Bonds performed and as shall provide protection from claims set forth
signed by an agent must be accompanied by a certified copy of below which may arise out of or result from CONTRACTOR's
such agent's authority to act. performance of the Work and CONTRACTOR's other
obligations under the Contract Documents,whether it is to be
C. If the surety on any Bond furnished by CONTRACTOR performed by CONTRACTOR,any Subcontractor or Supplier,
is declared bankrupt or becomes insolvent or its right to do or by anyone directly or indirectly employed by any of them to
business is terminated in any state where any part of the Project perform any of the Work,or by anyone for whose acts any of
is located or it ceases to meet the requirements of paragraph them may be liable:
5.01.B, CONTRACTOR shall within 20 days thereafter
substitute another Bond and surety,both of which shall comply 1. claims under workers' compensation, disability
with the requirements of paragraphs 5.01.B and 5.02. benefits,and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.02 Licensed Sureties and Insurers
3. claims for damages because of bodily injury,
A. All Bonds and insurance required by the Contract sickness or disease, or death of any person other than
Documents to be purchased and maintained by OWNER or CONTRACTOR's employees;
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the state of 4. claims for damages insured by reasonably available
Illinois to issue Bonds or insurance policies for the limits and personal injury liability coverage which are sustained:(i)by
coverages so required. Such surety and insurance companies any person as a result of an offense directly or indirectly
shall also meet such additional requirements and qualifications related to the employment of such person by
as may be provided in the Supplementary Conditions. CONTRACTOR,or(ii) by any other person for any other
reason;
5.03 Certificates of Insurance
5. claims for damages,other than to the Work itself
A. CONTRACTOR shall deliver to OWNER,with copies because of injury to or destruction of tangible property
to each additional insured identified in the Supplementary wherever located,including loss of use resulting therefrom;
Conditions, certificates of insurance (and other evidence of and
insurance requested by OWNER or any other additional insured)
which CONTRACTOR is required to purchase and maintain. 6. claims for damages because of bodily injury or
OWNER shall deliver to CONTRACTOR,with copies to each death of any person or property damage arising out of the
additional insured identified in the Supplementary Conditions, ownership,maintenance or use of any motor vehicle.
certificates of insurance (and other evidence of insurance
requested by CONTRACTOR or any other additional insured) B. The policies of insurance so required by this paragraph
which OWNER is required to purchase and maintain. 5.04 to be purchased and maintained shall:
B. Such insurance shall apply as primary insurance with 1. with respect to insurance required by paragraphs
respect to any other insurance or self-insurance program afforded 5.04.A.3 through 5.04.A.6 inclusive, include as additional
to the City of Elgin. There shall be no endorsement or insureds (subject to any customary exclusion in respect of
modification of such insurance to make it excess over other professional liability)OWNER,ENGINEER,ENGINEER's
available insurance,and alternatively,if the insurance states that Consultants,and any other individuals or entities identified in
the Supplementary Conditions,all of whom shall be listed as
00-700-14
additional insureds,and include coverage for the respective include insurance for physical loss or damage to the
officers. directors. partners, employees, agents. and other Work,temporary buildings, falsework,Work in transit
consultants and subcontractors of each and any of all such including ocean transit, and Work in storage at each
additional insureds, and the insurance afforded to these project site or at another location acceptable to Owner.
additional insureds shall provide primary coverage for all and shall insure against at least the following perils:
claims covered thereby; fire,lightning,extended coverage,theft,vandalism and
malicious mischief. earthquake. collapse, debris
2. include at least the specific coverages and be removal,demolition occasioned by enforcement ofLaws
written for not less than the limits of liability provided in the and Regulations, water damage. flood, and damage
Supplementary Conditions or required by Laws or caused by frost and freezing;
Regulations,whichever is greater;
3. include expenses incurred in the repair or
3. include completed operations insurance; replacement of any insured property(including,but not
limited to,fees and charges of engineers and architects);
4. include contractual liability insurance covering and
CONTRACTOR's indemnity obligations under paragraphs
6.07,6.1 I,and 6.20; 4. be maintained in effect until final payment is made
unless otherwise agreed to in writing by Owner,
5. contain a provision or endorsement that the Contractor,and Engineer,with 30 days'written notice
coverage afforded shall not be canceled,materially changed to each other insured.
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the 5.06 Waiver of Rights
Supplementary Conditions to whom a certificate ofinsurance
has been issued(and the certificates of insurance furnished A. OWNER and CONTRACTOR intend that all policies
by the CONTRACTOR pursuant to paragraph 5.03 shall so purchased in accordance with paragraph 5.05 shall protect
provide); OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants,and all other individuals or entities
6. remain in effect at least until final payment and at all identified in the Supplementary Conditions to be listed as
times thereafter when CONTRACTOR may be correcting, insureds or additional insureds (and the officers, directors,
removing, or replacing defective Work in accordance with partners, employees, agents, and other consultants and
paragraph I3.07;and subcontractors of each and any of them) in such policies and
shall provide primary coverage for all losses and damages
7. with respect to completed operations insurance,and caused by the perils or causes of loss covered thereby. All such
any insurance coverage written on a claims-made basis, policies shall contain provisions to the effect that in the event of
remain in effect for at least two years after final payment(and payment of any loss or damage the insurers shall have no rights
CONTRACTOR shall furnish OWNER and each other of recovery against any of the insureds or additional insureds
additional insured identified in the Supplementary thereunder. OWNER and CONTRACTOR waive all rights
Conditions, to whom a certificate of insurance has been against each other and their respective officers, directors.
issued, evidence satisfactory to OWNER and any such partners, employees, agents. and other consultants and
additional insured of continuation of such insurance at final subcontractors of each and any of them for all losses and
payment and one year thereafter). damages caused by,arising out of or resulting from any of the
perils or causes of loss covered by such policies and any other
5.05 Contractor's Property Insurance property insurance applicable to the Work; and, in addition,
waive all such rights against Subcontractors, ENGINEER,
A. Contractor shall purchase and maintain property ENGINEER's Consultants,and all other individuals or entities
insurance coverage for the Work at each site in the amount of identified in the Supplementary Conditions to be listed as
the full replacement cost thereof. This insurance shall: insureds or additional insureds (and the officers, directors,
partners, employees, agents. and other consultants and
1. include the interests of Owner, Contractor, subcontractors of each and any of them)under such policies for
Subcontractors, Engineer,and Engineer's Consultants, losses and damages so caused. None of the above waivers shall
each of whom is deemed to have an insurable interest extend to the rights that any party making such waiver may have
and shall be listed as a named insured; to the proceeds of insurance held by OWNER as trustee or
otherwise payable under any policy so issued.
2. be written on a Builder's Risk"all-risk"or open peril
or special causes of loss policy form that shall at least 5.07 Acceptance of Bonds and Insurance;Option to Replace
00-700-15
B. At all times during the progress of the Work,
A. If either OWNER or CONTRACTOR has any objection CONTRACTOR shall assign a competent resident
to the coverage afforded by or other provisions of the Bonds or superintendent thereto who shall not be replaced without written
insurance required to be purchased and maintained by the other notice to OWNER and ENGINEER. The superintendent shall
party in accordance with Article 5 on the basis of be CONTRACTOR's representative at the Site and shall have
non-conformance with the Contract Documents,the objecting authority to act on behalf of CONTRACTOR. All
party shall so notify the other party in writing within 10 days communications given to or received from the superintendent
after receipt of the certificates (or other evidence requested) shall be binding on CONTRACTOR.
required by paragraph 2.05.C. OWNER and CONTRACTOR
shall each provide to the other such additional information in 6.02 Labor; Working Hours
respect of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all of the A. CONTRACTOR shall provide competent, suitably
Bonds and insurance required of such party by the Contract qualified personnel to survey,lay out,and construct the Work as
Documents,such party shall notify the other party in writing of required by the Contract Documents. CONTRACTOR shall at
such failure to purchase prior to the start of the Work,or of such all times maintain good discipline and order at the Site.
failure to maintain prior to any change in the required coverage.
Without prejudice to any other right or remedy,the other party B. Except as otherwise required for the safety or protection
may elect to obtain equivalent Bonds or insurance to protect such of persons or the Work or property at the Site or adjacent
other party's interests at the expense of the party who was thereto, and except as otherwise stated in the Contract
required to provide such coverage,and a Change Order shall be Documents, all Work at the Site shall be performed during
issued to adjust the Contract Price accordingly. regular working hours, and CONTRACTOR shall not permit
overtime work or the performance of Work on Saturday,Sunday,
5.8 Partial Utilization, Acknowledgment of Property or any legal holiday without OWNER's written consent(which
Insurer shall not be unreasonably withheld) given after prior written
notice to ENGINEER or except as may otherwise by specifically
A. If OWNER finds it necessary to occupy or use a portion provided by the Contract Documents.
or portions of the Work prior to Substantial Completion ofall the
Work as provided in paragraph 14.05,no such use or occupancy 6.03 Services,Materials,and Equipment
shall commence before the insurers providing the property
insurance pursuant to paragraph 5.05 have acknowledged notice A. Unless otherwise specified in the General Requirements,
thereof and in writing effected any changes in coverage CONTRACTOR shall provide and assume at
necessitated thereby. The insurers providing the property CONTRACTOR'S cost, full responsibility for all services,
insurance shall consent by endorsement on the policy or policies, materials, equipment, labor, transportation, construction
but the property insurance shall not be canceled or permitted to equipment and machinery,tools,appliances,fuel,power,light,
lapse on account of any such partial use or occupancy. heat,telephone,water, sanitary facilities,temporary facilities,
and all other facilities and incidentals necessary for the
performance,testing,start-up,and completion of the Work.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
B. All materials and equipment incorporated into the Work
shall be as specified or,if not specified,shall be of good quality
6.01 Supervision and Superintendence and new, except as otherwise provided in the Contract
Documents. All warranties and guarantees specifically called for
A. CONTRACTOR shall supervise,inspect,and direct the by the Specifications shall expressly run to the benefit of
Work competently and efficiently,devoting such attention thereto OWNER. If required by ENGINEER,CONTRACTOR shall
and applying such skills and expertise as may be necessary to furnish satisfactory evidence(including reports of required tests)
perform the Work in accordance with the Contract Documents. as to the source,kind,and quality of materials and equipment.
CONTRACTOR shall be solely responsible for the means, All materials and equipment shall be stored,applied,installed,
methods,techniques,sequences,and procedures ofconstruction, connected,erected,protected,used,cleaned,and conditioned in
but CONTRACTOR shall not be responsible for the negligence accordance with instructions of the applicable Supplier,except
of OWNER or ENGINEER in the design or specification of a as otherwise may be provided in the Contract Documents.
specific means, method,technique, sequence,or procedure of
construction which is shown or indicated in and expressly 6.04 Progress Schedule
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accurately A. CONTRACTOR shall adhere to the progress schedule
with the Contract Documents. established in accordance with the Contract Documents as may
be adjusted from time to time as provided below.
00-700-16
application,and available engineering,sales,maintenance,
1. CONTRACTOR shall submit to ENGINEER for repair,and replacement services shall be indicated. The
acceptance (to the extent indicated in the Contract application shall also contain an itemized estimate of all
Documents) any proposed adjustments in the progress costs or credits that shall result directly or indirectly from
schedule that shall not result in changing the Contract Times use of such substitute item,including costs of redesign and
(or Milestones). Such adjustments shall conform generally to claims of other contractors affected by any resulting change,
the progress schedule then in effect and additionally shall all of which shall be considered by ENGINEER in
comply with any provisions of the General Requirements evaluating the proposed substitute item. ENGINEER may
applicable thereto. require CONTRACTOR to furnish additional data about the
proposed substitute item.
2. Proposed adjustments in the progress schedule that
shall change the Contract Times (or Milestones) shall be B. Substitute Construction Methods or Procedures: If a
submitted in accordance with the requirements of Article 12. specific means,method,technique,sequence,or procedure of
Such adjustments may only be made by a Change Order or construction is shown or indicated in and expressly required by
Written Amendment in accordance with Article 12. the Contract Documents,CONTRACTOR may furnish or utilize
a substitute means,method,technique,sequence,or procedure of
6.05 Substitutes and"Or-Equals" construction approved by ENGINEER.CONTRACTOR shall
submit sufficient information to allow ENGINEER, in
A. Whenever an item of material or equipment is specified ENGINEER's sole discretion,to determine that the substitute
or described in the Contract Documents by using the name of a proposed is equivalent to that expressly called for by the
proprietary item or the name of a particular Supplier, the Contract Documents. The procedure for review by ENGINEER
specification or description is intended to establish the type, shall be substantially similar to that provided in subparagraph
function, appearance, and quality required. Unless the 6.05.A.2.
specification or description contains or is followed by words
reading that no like, equivalent, or "or-equal" item or no C. Engineer's Evaluation: ENGINEER shall be allowed a
substitution is permitted,other items of material or equipment or reasonable time within which to evaluate each proposal or
material or equipment of other Suppliers may be submitted to submittal made pursuant to paragraphs 6.05.A and 6.05.B.
ENGINEER for review under the circumstances described ENGINEER shall be the sole judge of acceptability. No
below. "or-equal" or substitute shall be ordered, installed or utilized
until ENGINEER's review is complete, which shall be
1. The procedure for review by ENGINEER for"or evidenced by either a Change Order for a substitute or an
equal"or substitute items shall be as set forth in below,as approved Shop Drawing for an"or equal." ENGINEER shall
supplemented in the General Requirements and as advise CONTRACTOR in writing of any negative
ENGINEER may decide is appropriate under the determination.
circumstances.
D. Special Guarantee: OWNER may require
2. CONTRACTOR shall first make written CONTRACTOR to furnish at CONTRACTOR's expense a
application to ENGINEER for review of a proposed special performance guarantee or other surety with respect to any
substitute item of material or equipment that substitute.
CONTRACTOR seeks to furnish or use. The application
shall certify that the proposed substitute item shall perform E. ENGINEER's Cost Reimbursement: ENGINEER shall
adequately the functions and achieve the results called for record time required by ENGINEER and ENGINEER's
by the general design, be similar in substance to that Consultants in evaluating substitute proposed or submitted by
specified,and be suited to the same use as that specified. CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B
The application shall state the extent,if any,to which the and in making changes in the Contract Documents(or in the
use of the proposed substitute item shall prejudice provisions of any other direct contract with OWNER for work on
CONTRACTOR's achievement of Substantial Completion the Project)occasioned thereby. Whether or not ENGINEER
on time,whether or not use of the proposed substitute item approves a substitute item so proposed or submitted by
in the Work shall require a change in any of the Contract CONTRACTOR,CONTRACTOR shall reimburse OWNER for
Documents(or in the provisions of any other direct contract the charges of ENGINEER and ENGINEER's Consultants for
with OWNER for work on the Project)to adapt the design evaluating each such proposed substitute.
to the proposed substitute item and whether or not
incorporation or use of the proposed substitute item in F. CONTRACTOR's Expense: CONTRACTOR shall
connection with the Work is subject to payment of any provide all data in support of any proposed substitute or
license fee or royalty. All variations of the proposed "or-equal"at CONTRACTOR's expense.
substitute item from that specified shall be identified in the
00-700-17
6.06 Concerning Subcontractors,Suppliers,and Others Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract
A. CONTRACTOR shall not employ any Subcontractor, with CONTRACTOR.
Supplier,or other individual or entity(including those acceptable
to OWNER as indicated in paragraph 6.06.B),whether initially E. CONTRACTOR shall require all Subcontractors,
or as a replacement, against whom OWNER may have Suppliers,and such other individuals or entities performing or
reasonable objection. CONTRACTOR shall not be required to furnishing any of the Work to communicate with ENGINEER
employ any Subcontractor,Supplier,or other individual or entity through CONTRACTOR.
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection. Any person F. The divisions and sections ofthe Specifications and the
employed by CONTRACTOR or Subcontractors who does not identifications of any Drawings shall not control
perform his work in a proper and skillful manner, or who is CONTRACTOR in dividing the Work among Subcontractors or
intemperate,disorderly,or otherwise objectionable,shall,at the Suppliers or delineating the Work to be performed by any
written request of OWNER, be forthwith removed from the specific trade.
project site and shall not be employed again in any portion ofthe
Work without written consent of OWNER. G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier shall be pursuant to an appropriate
B. If the Supplementary Conditions require the identity of agreement between CONTRACTOR and the Subcontractor or
certain Subcontractors,Suppliers,or other individuals or entities Supplier which specifically binds the Subcontractor or Supplier
to be submitted to OWNER in advance for acceptance by to the applicable terms and conditions of the Contract
OWNER by a specified date prior to the Effective Date of the Documents for the benefit of OWNER and ENGINEER.
Agreement,and if CONTRACTOR has submitted a list thereof Whenever any such agreement is with a Subcontractor or
in accordance with the Supplementary Conditions,OWNER's Supplier who is listed as an additional insured on the property
acceptance (either in writing or by failing to make written insurance provided in paragraph 5.05,the agreement between
objection thereto by the date indicated for acceptance or the CONTRACTOR and the Subcontractor or Supplier shall
objection in the Bidding Documents or the Contract Documents) contain provisions whereby the Subcontractor or Supplier
of any such Subcontractor,Supplier,or other individual or entity waives all rights against OWNER, CONTRACTOR,
so identified may be revoked on the basis of reasonable objection ENGINEER, ENGINEER's Consultants, and all other
after due investigation. CONTRACTOR shall submit an individuals or entities identified in the Supplementary Conditions
acceptable replacement for the rejected Subcontractor,Supplier, to be listed as insureds or additional insureds(and the officers,
or other individual or entity, and the Contract Price shall be directors,partners,employees,agents,and other consultants and
adjusted by the difference in the cost occasioned by such subcontractors of each and any of them) for all losses and
replacement,and an appropriate Change Order shall be issued or damages caused by,arising out of,relating to,or resulting from
Written Amendment signed. No acceptance by OWNER of any any of the perils or causes of loss covered by such policies and
such Subcontractor, Supplier, or other individual or entity, any other property insurance applicable to the Work. If the
whether initially or as a replacement, shall constitute or be insurers on any such policies require separate waiver forms to be
construed as a waiver of any right ofOWNER or ENGINEER to signed by any Subcontractor or Supplier,CONTRACTOR shall
reject defective Work. obtain the same.
C. CONTRACTOR shall be fully responsible to OWNER 6.07 Patent Fees and Royalties
and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities A. CONTRACTOR shall pay all license fees and royalties
performing or furnishing any of the Work just as and assume all costs incident to the use in the performance ofthe
CONTRACTOR is responsible for CONTRACTOR's own acts Work or the incorporation in the Work of any invention,design,
and omissions. Nothing in the Contract Documents shall create process,product,or device which is the subject of patent rights
for the benefit of any such Subcontractor, Supplier, or other or copyrights held by others. If a particular invention,design,
individual or entity any contractual relationship between process, product, or device is specified in the Contract
OWNER or ENGINEER and any such Subcontractor,Supplier Documents for use in the performance of the Work and ifto the
or other individual or entity,nor shall it create any obligation on actual knowledge of OWNER or ENGINEER its use is subject
the part of OWNER or ENGINEER to pay or to see to the to patent rights or copyrights calling for the payment of any
payment of any moneys due any such Subcontractor,Supplier,or license fee or royalty to others,the existence of such rights shall
other individual or entity except as may otherwise be required by be disclosed by OWNER in the Contract Documents. To the
Laws and Regulations. fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless OWNER,
D. CONTRACTOR shall be solely responsible for ENGINEER, ENGINEER's Consultants, and the officers,
scheduling and coordinating the Work of Subcontractors, directors,partners,employees or agents,and other consultants of
00-700-18
each and any of them from and against all claims,costs,losses, A. CONTRACTOR shall pay all sales,consumer,use,and
and damages(including but not limited to all fees and charges of other similar taxes required to be paid by CONTRACTOR in
engineers,architects,attorneys,and other professionals and all accordance with the Laws and Regulations of the place of the
court or arbitration or other dispute resolution costs)arising out Project which are applicable during the performance of the
of or relating to any infringement of patent rights or copyrights Work.
incident to the use in the performance of the Work or resulting
from the incorporation in the Work of any invention, design, 6.11 Use of Site and Other Areas
process, product, or device not specified in the Contract
Documents. A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction
equipment,the storage of materials and equipment,and the
6.08 Permits operations of workers to the Site and other areas permitted
by Laws and Regulations, and shall not unreasonably
A. Unless otherwise provided in the Supplementary encumber the Site and other areas with construction
Conditions, CONTRACTOR shall obtain and pay for all equipment or other materials or equipment.
construction permits and licenses. OWNER shall assist CONTRACTOR shall assume full responsibility for any
CONTRACTOR,when necessary,in obtaining such permits and damage to any such land or area,or to the owner or occupant
licenses. CONTRACTOR shall pay all governmental charges thereof, or of any adjacent land or areas resulting from the
and inspection fees necessary for the prosecution of the Work performance of the Work.
which are applicable at the time of opening of Bids.
CONTRACTOR shall pay all charges of utility owners for 2. Should any claim be made by any such owner or
connections to the Work. occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other party
6.09 Laws and Regulations by negotiation or otherwise resolve the claim as provided by
law.
A. CONTRACTOR shall give all notices and comply with
all Laws and Regulations applicable to the performance of the 3. To the fullest extent permitted by Laws and
Work. Except where otherwise expressly required by applicable Regulations, CONTRACTOR shall indemnify and hold
Laws and Regulations,neither OWNER nor ENGINEER shall harmless OWNER,ENGINEER,ENGINEER's Consultant,
be responsible for monitoring CONTRACTOR's compliance and the officers,directors,partners,employees,agents,and
with any Laws or Regulations. other consultants of each and any of them from and against
all claims, costs, losses, and damages (including but not
B. If CONTRACTOR performs any Work knowing or limited to all fees and charges of engineers, architects,
having reason to know that it is contrary to Laws or Regulations, attorneys, and other professionals and all court or other
CONTRACTOR shall bear all claims, costs, losses, and dispute resolution costs) arising out of or relating to any
damages (including but not limited to all fees and charges of claim or action, legal or equitable, brought by any such
engineers,architects,attorneys,and other professionals and all owner or occupant against OWNER, ENGINEER,or any
court or arbitration or other dispute resolution costs)arising out other party indemnified hereunder to the extent caused by or
of or relating to such Work; however, it shall not be based upon CONTRACTOR's performance of the Work.
CONTRACTOR's primary responsibility to make certain that CONTRACTOR shall to the greatest extent allowable by
the Specifications and Drawings are in accordance with Laws law,hold harmless and indemnify OWNER from and against
and Regulations,but this shall not relieve CONTRACTOR of any and all suits,causes of action,and any and all liability of
CONTRACTOR's obligations under paragraph 3.03. any nature arising out of or in connection with
CONTRACTOR's negligent or illegal failure to comply with
C. Changes in Laws or Regulations not known at the time of any law or regulation,including but not limited to any claim
opening of Bids(or,on the Effective Date of the Agreement if for injunctive relief or for any attorney's fees incurred
there were no Bids) having an effect on the cost or time of thereof.
performance ofthe Work may be the subject of an adjustment in
Contract Price or Contract Times. If OWNER and B. Removal of Debris During Performance of the Work:
CONTRACTOR are unable to agree on entitlement to or on the During the progress ofthe Work CONTRACTOR shall keep the
amount or extent,if any,of any such adjustment,a Claim maybe Site and other areas free from accumulations of waste materials,
made therefor as provided in paragraph 10.05. rubbish,and other debris. Removal and disposal of such waste
materials,rubbish,and other debris shall conform to applicable
6.10 Taxes Laws and Regulations.
00-700-19
C. Cleaning: Prior to Substantial Completion ofthe Work and shall cooperate with them in the protection, removal,
CONTRACTOR shall clean the Site and make it ready for relocation, and replacement of their property. All damage,
utilization by OWNER. At the completion of the Work injury,or loss to any property referred to in paragraph 6.13.A.2
CONTRACTOR shall remove from the Site all tools,appliances, or 6.13.A.3 caused,directly or indirectly,in whole or in part,by
construction equipment and machinery, and surplus materials CONTRACTOR, any Subcontractor, Supplier, or any other
and shall restore to original condition all property not designated individual or entity directly or indirectly employed by any of
for alteration by the Contract Documents. them to perform any of the Work,or anyone for whose acts any
of them may be liable, shall be remedied by CONTRACTOR
D. Loading Structures: CONTRACTOR shall not load nor (except damage or loss attributable to the fault of Drawings or
permit any part of any structure to be loaded in any manner that Specifications or to the acts or omissions of OWNER or
shall endanger the structure,nor shall CONTRACTOR subject ENGINEER or ENGINEER's Consultant,or anyone employed
any part of the Work or adjacent property to stresses or pressures by any of them, or anyone for whose acts any of them may be
that shall endanger it. liable,and not attributable,directly or indirectly,in whole or in
part, to the fault or negligence of CONTRACTOR or any
6.12 Record Documents Subcontractor,Supplier,or other individual or entity directly or
indirectly employed by any of them). CONTRACTOR's duties
A. CONTRACTOR shall maintain in a safe place at the Site and responsibilities for safety and for protection of the Work
one record copy of all Drawings, Specifications, Addenda, shall continue until such time as all the Work is completed and
Written Amendments,Change Orders,Work Change Directives, ENGINEER has issued a notice to OWNER and
Field Orders, and written interpretations and clarifications in CONTRACTOR in accordance with paragraph 14.07.B that the
good order and annotated to show changes made during Work is acceptable(except as otherwise expressly provided in
construction. These record documents together with all connection with Substantial Completion).
approved Samples and a counterpart of all approved Shop
Drawings shall be available to ENGINEER and OWNER for 6.14 Safety Representative
reference. Upon completion of the Work, these record
documents,Samples,and Shop Drawings shall be delivered to A. CONTRACTOR shall designate a qualified and
ENGINEER for OWNER. experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
6.13 Safety and Protection maintaining and supervising of safety precautions and programs.
A. CONTRACTOR shall be solely responsible for 6.15 Hazard Communication Programs
initiating,maintaining and supervising all safety precautions and
programs in connection with the Work. CONTRACTOR shall A. CONTRACTOR shall be responsible for coordinating
take all necessary precautions for the safety of,and shall provide any exchange of material safety data sheets or other hazard
the necessary protection to prevent damage,injury or loss to: communication information required to be made available to or
exchanged between or among employers at the Site in
1. all persons on the Site or who may be affected by accordance with Laws and Regulations.
the Work;
6.16 Emergencies
2. all the Work and materials and equipment to be
incorporated therein,whether in storage on or off the Site; A. In emergencies affecting the safety or protection of
and persons or the Work or property at the Site or adjacent thereto,
CONTRACTOR is obligated to act to prevent threatened
3. other property at the Site or adjacent thereto, damage,injury,or loss. CONTRACTOR shall give ENGINEER
including trees,shrubs,lawns,walks,pavements,roadways, prompt written notice if CONTRACTOR believes that any
structures, utilities, and Underground Facilities not significant changes in the Work or variations from the Contract
designated for removal, relocation, or replacement in the Documents have been caused thereby or are required as a result
course of construction. thereof. If ENGINEER determines that a change in the Contract
Documents is required because of the action taken by
B. CONTRACTOR shall comply with all applicable Laws CONTRACTOR in response to such an emergency, a Work
and Regulations relating to the safety of persons or property,or Change Directive or Change Order shall be issued.
to the protection of persons or property from damage,injury,or
loss; and shall erect and maintain all necessary safeguards for 6.17 Shop Drawings and Samples
such safety and protection. CONTRACTOR shall notify owners
of adjacent property and of Underground Facilities and other A. CONTRACTOR shall submit Shop Drawings to
utility owners when prosecution of the Work may affect them, ENGINEER for review and approval in accordance with the
00-700-20
acceptable schedule of Shop Drawings and Sample submittals.
All submittals shall be identified as ENGINEER may require and 3. At the time of each submittal, CONTRACTOR
in the number of copies specified in the General Requirements. shall give ENGINEER specific written notice of such
The data shown on the Shop Drawings shall be complete with variations, if any, that the Shop Drawing or Sample
respect to quantities, dimensions, specified performance and submitted may have from the requirements of the Contract
design criteria,materials,and similar data to show ENGINEER Documents, such notice to be in a written communication
the services, materials, and equipment CONTRACTOR separate from the submittal;and,in addition,shall cause a
proposes to provide and to enable ENGINEER to review the specific notation to be made on each Shop Drawing and
information. Sample submitted to ENGINEER for review and approval of
each such variation.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the E. ENGINEER's Review
acceptable schedule of Shop Drawings and Sample submittals.
Each Sample shall be identified clearly as to material,Supplier, 1. ENGINEER shall timely review and approve Shop
pertinent data such as catalog numbers,and the use for which Drawings and Samples in accordance with the schedule of
intended and otherwise as ENGINEER may require to enable Shop Drawings and Sample submittals acceptable to
ENGINEER to review the submittal for the limited purposes ENGINEER. ENGINEER's review and approval shall be
required by paragraph 6.17.E.The numbers of each Sample to only to determine if the items covered by the submittals shall,
be submitted shall be as specified in the Specifications. after installation or incorporation in the Work,conform to the
information given in the Contract Documents and be
C. Where a Shop Drawing or Sample is required by the compatible with the design concept of the completed Project
Contract Documents or the schedule of Shop Drawings and as a functioning whole as indicated by the Contract
Sample submittals acceptable to ENGINEER as required by Documents.
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal 2. ENGINEER's review and approval shall not extend
shall be at the sole expense and responsibility of to means,methods,techniques,sequences,or procedures of
CONTRACTOR. construction (except where a particular means, method,
technique, sequence, or procedure of construction is
D. Submittal Procedures specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident
1. Before submitting each Shop Drawing or Sample, thereto. The review and approval of a separate item as such
CONTRACTOR shall have determined and verified: shall not indicate approval of the assembly in which the item
functions.
a. all field measurements,quantities,dimensions,
specified performance criteria,installation requirements, 3. ENGINEER's review and approval of Shop
materials,catalog numbers,and similar information with Drawings or Samples shall not relieve CONTRACTOR from
respect thereto; responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
b. all materials with respect to intended use, called ENGINEER's attention to each such variation at the
fabrication,shipping,handling,storage,assembly,and time of each submittal as required by paragraph 6.17.D.3 and
installation pertaining to the performance of the Work; ENGINEER has given written approval of each such
c. all information relative to means, methods, variation by specific written notation thereof incorporated in
techniques,sequences,and procedures of construction or accompanying the Shop Drawing or Sample approval;nor
and safety precautions and programs incident thereto; shall any approval by ENGINEER relieve CONTRACTOR
and from responsibility for complying with the requirements of
the Contract Documents.
d. CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other F. Resubmittal Procedures
Shop Drawings and Samples and with the requirements
of the Work and the Contract Documents. 1. CONTRACTOR shall make corrections required by
ENGINEER and shall return the required number of
2. Each submittal shall bear a stamp or specific written corrected copies of Shop Drawings and submit as required
indication that CONTRACTOR has satisfied new Samples for review and approval. CONTRACTOR
CONTRACTOR's obligations under the Contract shall direct specific attention in writing to revisions other
Documents with respect to CONTRACTOR's review and than the corrections called for by ENGINEER on previous
approval of that submittal. submittals.
00-700-21
6. any review and approval of a Shop Drawing or
6.18 Continuing the Work Sample submittal or the issuance of a notice of acceptability
by ENGINEER;
A. CONTRACTOR shall carry on the Work and adhere to
the progress schedule during all disputes or disagreements with 7. any inspection,test,or approval by others;or
OWNER. No Work shall be delayed or postponed pending 8. any correction of defective Work by OWNER.
resolution of any disputes or disagreements,except as permitted
by the Contract Documents or as OWNER and CONTRACTOR 6.20 Indemnification
may otherwise agree in writing.
A. Indemnification. To the fullest extent permitted by law,
6.19 CONTRACTOR's General Warranty and Guarantee Contractor agrees to and shall indemnify, defend and hold
harmless the Owner,the Engineer,Engineer's consultants and
A. CONTRACTOR warrants and guarantees to OWNER, the officers,employees,boards and commissions ofeach and any
ENGINEER,and ENGINEER's Consultants that all Work shall of them from and against any and all claims,suits,judgments,
be in accordance with the Contract Documents and shall not be costs, attorneys' fees, damages or any and all other relief or
defective. CONTRACTOR's warranty and guarantee hereunder liability arising out of or resulting from or through,or alleged to
excludes defects or damage caused by: arise out of,any acts or negligent acts or omissions of Contractor
or Contractor's officers,employees,agents or subcontractors in
1. abuse, modification, or improper maintenance or the performance of this agreement, or arising out of or in
operation by persons other than CONTRACTOR, connection with litigation based on any mechanic's lien or other
Subcontractors,Suppliers,or any other individual or entity claims, suits, judgments and/or demands for damages by
for whom CONTRACTOR is responsible;or subcontractors. In the event of any action against the Owner,its
officers,employees,agents,boards or commissions covered by
2. normal wear and tear under normal usage. the foregoing duty to indemnify,defend and hold harmless,such
action shall be defended by legal counsel of Owner's choosing.
This warranty shall guarantee all work for a period of three years In the event and to the extent that any legal work is performed by
from the date of acceptance ofthe Work and final acceptance by Owner's in-house legal counsel pursuant to the provisions ofthis
the OWNER,except for equipment,motors,electrical controls section,Owner shall be reimbursed by Contractor for such legal
and other mechanical devices that shall be guaranteed for a work at the rate of$200 per hour,which rate Contractor hereby
period of two years from the date or acceptance and use of each agrees and acknowledges to be a reasonable rate for such in-
item of equipment by OWNER unless a different guarantee house attorneys' fees. The provisions of this paragraph shall
period of time is specified under other parts of the Contract survive any expiration and/or termination of this agreement.
Documents.
B. Contractor Specification Indemnification. To the fullest
B. CONTRACTOR's obligation to perform and complete extent permitted by law, and notwithstanding anything to the
the Work in accordance with the Contract Documents shall be contrary in any specifications, plans or Contract Documents,
absolute. None ofthe following shall constitute an acceptance of Contractor hereby warrants and represents that it has thoroughly
Work that is not in accordance with the Contract Documents or a and carefully reviewed all specifications, plans and Contract
release of CONTRACTOR's obligation to perform the Work in Documents;and Contractor hereby waives,releases,indemnifies
accordance with the Contract Documents: and agrees to hold harmless Owner, Engineer, Engineer's
consultants, and any and all other entities which may have
1. observations by ENGINEER; contributed or been involved in or with the preparation or
2. recommendation by ENGINEER or payment by drafting of any plans,specifications or Contract Documents,and
OWNER of any progress or final payment; the officers,employees,boards and commissions ofeach and any
of them from and against any and all claims,suits,judgments,
3. the issuance of a certificate of Substantial costs, attorneys' fees, damages or any and all other relief or
Completion by ENGINEER or any payment related thereto liability arising out of or resulting from or through,or alleged to
by OWNER; arise out of or through,ambiguities,errors or conflicts in such
specifications,plans or Contract Documents. Contractor hereby
4. use or occupancy of the Work or any part thereofby agrees and acknowledges that any such claims,suits,judgments,
OWNER; costs, attorneys' fees, damages or any and all other relief or
liability shall inherently and per se be based upon and result from
5. any acceptance by OWNER or any failure to do so; Contractor's negligent acts or omissions in failing to detect any
such errors, ambiguities or conflicts. The provisions of this
paragraph shall survive any expiration and/or termination ofthis
00-700-22
agreement.
1. the individual or entity who shall have authority and
responsibility for coordination of the activities among the
ARTICLE 7-OTHER WORK various contractors shall be identified;
2. the specific matters to be covered by such authority
and responsibility shall be itemized;and
7.01 Related Work at Site
3. the extent of such authority and responsibilities shall
A. OWNER may perform other work related to the Project be provided.
at the Site or let other direct contracts therefor,or have other
work performed by utility owners. If such other work is not B. Unless otherwise provided in the Supplementary
noted in the Contract Documents,then: Conditions,OWNER shall have sole authority and responsibility
for such coordination.
1. written notice thereof shall be given to
CONTRACTOR prior to starting any such other work;and ARTICLE 8-OWNER'S RESPONSIBILITIES
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent,if any,of 8.01 Communications to Contractor
any adjustment in the Contract Price or Contract Times that
should be allowed as a result of such other work,a Claim A. Except as otherwise provided in these General
may be made therefor as provided in paragraph 10.05. Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
B. CONTRACTOR shall afford each other contractor who
is a party to any contract or work as provided in the paragraph B. Requirements to Provide Documents. To the extent
above and each utility owner (and OWNER, if OWNER is they are available,the OWNER shall furnish surveys describing
performing the other work with OWNER's employees)proper physical characteristics,legal limitations,and utility locations for
and safe access to the Site and a reasonable opportunity for the the site of the Project,and a legal description of the Site.
introduction and storage of materials and equipment and the
execution of such other work and shall properly coordinate the The OWNER shall obtain and pay for necessary approvals,
Work with theirs. Unless otherwise provided in the Contract easements, assessments, and charges which are customarily
Documents, CONTRACTOR shall do all cutting, fitting, and secured prior to the execution of the Contract.
patching of the Work that may be required to properly connect or
otherwise make its several parts come together and properly The OWNER shall furnish information or services required
integrate with such other work. CONTRACTOR shall not of the OWNER hereunder with reasonable promptness after
endanger any work of others by cutting,excavating,or otherwise receipt from the CONTRACTOR of a written request for such
altering their work and shall only cut or alter their work with the information or services.
written consent of ENGINEER,OWNER and the others whose
work may be affected. The OWNER shall provide the CONTRACTOR, at no
charge, such copies of the Project Manual as are reasonably
C. If the proper execution or results of any part of necessary for the execution of the Work.
CONTRACTOR's Work depends upon work performed by
others under this Article 7,CONTRACTOR shall inspect such C. OWNER's Right to Perform Construction and to Award
other work and promptly report to ENGINEER in writing any Separate Contracts. The OWNER reserves the right to perform
delays,defects,or deficiencies in such other work that render it construction or operations at the Site with its own forces or
unavailable or unsuitable for the proper execution and results of others. If the CONTRACTOR claims that a delay or additional
CONTRACTOR's Work. CONTRACTOR's failure to so cost is involved because of such action by the OWNER, the
report shall constitute an acceptance of such other work by CONTRACTOR shall make such Claim as provided elsewhere
CONTRACTOR as fit and proper for integration with in the Contract Documents.
CONTRACTOR's Work except for latent defects and
deficiencies in such other work. When the separate contracts are awarded for different
portions of the Project or other construction or operations on the
7.02 Coordination site,the term"Contractor"in the Contract Documents in each
case shall mean the Contractor who executes each separate
A. If OWNER intends to contract with others for the OWNER-Contractor Agreement.
performance of other work on the Project at the Site, the
following shall be set forth in Supplementary Conditions:
00-700-23
The OWNER shall provide for coordination of the activities waivers pertain only to the specific matter contained in the
of the OWNER's own forces and of each separate contractor waiver and not to any similar,subsequent matters.
with the Work of the CONTRACTOR,who shall cooperate with
them. The CONTRACTOR shall afford each other person ARTICLE 9 - ENGINEER'S STATUS DURING
access to the Site and shall properly coordinate its Work with CONSTRUCTION
that of the persons performing other work.The CONTRACTOR
shall participate with other separate contractors and the OWNER
in reviewing their construction schedules when directed to do so. 9.01 OWNER'S Representative
The CONTRACTOR shall make any revisions to the
construction schedules deemed necessary after a joint review and A. ENGINEER shall be OWNER's
mutual agreement. The construction schedules shall then representative during the construction period. The duties and
constitute the schedules to be used by the CONTRACTOR, responsibilities and the limitations of authority ofENGINEER as
separate contractors, and the OWNER until subsequently OWNER's representative during construction are set forth in the
revised. Contract Documents and shall not be changed without written
consent of OWNER and ENGINEER.
D. Limitations on the OWNER's Responsibilities. The
OWNER shall not supervise,direct,or have control or authority 9.02 Visits to Site
over, nor be responsible for the CONTRACTOR'S means,
methods,techniques,sequences,or procedures ofconstruction or A. ENGINEER shall make visits to the Site at
the safety precautions and programs incident thereto,or for any intervals appropriate to the various stages of construction as
failure of the CONTRACTOR to comply with laws,codes and ENGINEER reasonably deems necessary in order to observe the
regulations applicable to the furnishing or performance of the progress that has been made and the quality of the various
Work. The OWNER will not be responsible for the aspects of CONTRACTOR's executed Work. Based on
CONTRACTOR'S failure to perform or furnish the Work in information obtained during such visits and observations,
accordance with the Contract Documents. The OWNER is not ENGINEER, shall determine, in general, if the Work is
responsible for the acts or omissions ofthe CONTRACTOR,any proceeding in accordance with the Contract Documents.
Subcontractor, Supplier, or anyone for whose acts the ENGINEER shall not be required to make exhaustive or
CONTRACTOR,any Subcontractor or Suppliers may be liable. continuous inspections on the Site to check the quality or
quantity of the Work. On the basis of such visits and
The OWNER's authority to review any of the observations,ENGINEER shall keep OWNER informed of the
CONTRACTOR's progress schedules,or its decision to raise or progress of the Work and shall use its best efforts to guard
not to raise any objections about such schedules shall not impose OWNER against defective Work.
on the OWNER any responsibility for the timing, planning,
scheduling,or execution of the Work,nor in any way give rise to B. ENGINEER's visits and observations are
any duty or responsibility on the part of the OWNER to exercise subject to all the limitations on ENGINEER's authority and
this authority for the benefit of the CONTRACTOR, any responsibility set forth herein, and particularly, but without
Subcontractor or Supplier or any other party. limitation, during or as a result of ENGINEER's visits or
observations of CONTRACTOR's Work ENGINEER shall not
The OWNER's decision to raise or not to raise objections supervise, direct, control, or have authority over or be
with regard to any aspects of the CONTRACTOR's insurance responsible for CONTRACTOR's means,methods,techniques,
shall in no way give rise to any duty or responsibility on the part sequences, or procedures of construction, or the safety
of the OWNER to or for the benefit of the CONTRACTOR,any precautions and programs incident thereto,or for any failure of
Subcontractor,any Supplier,or any other party. CONTRACTOR to comply with Laws and Regulations
applicable to the performance of the Work.
E. Reservation of Rights. The OWNER reserves the right to
correct at any time any error in any progress payment that may 9.03 Project Representative
have been made.
A. If OWNER and ENGINEER agree,
Should defective Work be discovered subsequent to final ENGINEER shall furnish a Resident Project Representative to
payment,the OWNER reserves the right to make a claim and assist ENGINEER in providing more extensive observation of
recover all costs and professional fees associated therewith, the Work. The responsibilities and authority and limitations
including the cost of removing and/or replacing the defective thereon of any such Resident Project Representative and
Work. assistants shall be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
F. Waivers. All waivers by the OWNER are valid only to representative or agent to represent OWNER at the Site who is
the extent that they are signed by the OWNER. Any such not ENGINEER's Consultant, agent or employee, the
00-700-24
responsibilities and authority and limitations thereon of such matters relating to the acceptability of the Work,the quantities
other individual or entity shall be as provided in the and classifications of Unit Price Work,the interpretation of the
Supplementary Conditions. requirements of the Contract Documents pertaining to the
performance of the Work, and Claims seeking changes in the
9.04 Clarifications and Interpretations Contract Price or Contract Times shall be referred initially to
ENGINEER in writing, in accordance with the provisions of
A. ENGINEER shall issue with reasonable paragraph 10.05,with a request for a formal decision.
promptness such written clarifications or interpretations of the
requirements of the Contract Documents as ENGINEER may B. When functioning as provided under
determine necessary,which shall be consistent with the intent of paragraph 9.07, ENGINEER shall not show partiality to
and reasonably inferable from the Contract Documents. Such OWNER or CONTRACTOR and shall not be liable in
written clarifications and interpretations shall be binding on connection with any interpretation or decision rendered in good
OWNER and CONTRACTOR. faith in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.08 with respect to any
9.05 Authorized Variations in Work such Claim, dispute, or other matter shall be a condition
precedent to any exercise by OWNER or CONTRACTOR of
A. ENGINEER may authorize minor variations such rights or remedies as either may otherwise have under the
in the Work from the requirements of the Contract Documents Contract Documents or by Laws or Regulations in respect ofany
which do not involve an adjustment in the Contract Price or the such Claim,dispute,or other matter.
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by the 9.09 Limitations on ENGINEER's Authority and
Contract Documents. These may be accomplished by a Field Responsibilities
Order and shall be binding on CONTRACTOR, who shall
perform the Work involved promptly. A. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other provision of
9.06 Rejecting Defective Work the Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority or
A. ENGINEER shall have authority to responsibility or the undertaking,exercise,or performance ofany
disapprove or reject Work which ENGINEER believes to be authority or responsibility by ENGINEER shall create,impose,
defective, or that ENGINEER believes shall not produce a or give rise to any duty in contract,tort,or otherwise owed by
completed Project that conforms to the Contract Documents or ENGINEER to CONTRACTOR, any Subcontractor, any
that shall prejudice the integrity of the design concept of the Supplier,any other individual or entity,or to any surety for or
completed Project as a functioning whole as indicated by the employee or agent of any of them.
Contract Documents. ENGINEER shall also have authority to
require special inspection or testing of the Work as provided B. ENGINEER shall not supervise, direct,
herein whether or not the Work is fabricated, installed, or control, or have authority over or be responsible for
completed. CONTRACTOR's means,methods,techniques,sequences,or
procedures of construction, or the safety precautions and
9.07 Determinations for Unit Price Work programs incident thereto,or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
A. ENGINEER shall determine the actual performance of the Work. ENGINEER shall not be responsible
quantities and classifications of Unit Price Work performed by for CONTRACTOR's failure to perform the Work in accordance
CONTRACTOR. ENGINEER shall review with with the Contract Documents.
CONTRACTOR the ENGINEER's preliminary determinations
on such matters before rendering a written decision thereon(by C. ENGINEER shall not be responsible for the
recommendation of an Application for Payment or otherwise). acts or omissions of CONTRACTOR or of any Subcontractor,
ENGINEER's written decision thereon shall be final and binding any Supplier,or of any other individual or entity performing any
(except as modified by ENGINEER to reflect changed factual of the Work.
conditions or more accurate data) upon OWNER and
CONTRACTOR,subject to the provisions of paragraph 10.05. D. ENGINEER's review of the final Application
for Payment and accompanying documentation and all
9.08 Decisions on Requirements of Contract Documents maintenance and operating instructions,schedules,guarantees,
and Acceptability of Work Bonds,certificates of inspection,tests and approvals,and other
A. ENGINEER shall be the initial interpreter of documentation required to be delivered by paragraph 14.07.A
the requirements of the Contract Documents and judge of the shall be to determine that their content complies with the
acceptability ofthe Work thereunder. Claims,disputes and other requirements of, and in the case of certificates of inspections,
00-700-25
tests,and approvals that the results certified indicate compliance 3. changes in the Contract Price or Contract Times
with,the Contract Documents. which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
E. The limitations upon authority and provided that,in lieu of executing any such Change Order,
responsibility set forth in this paragraph 9.09 shall also apply to an appeal may be taken from any such decision in
ENGINEER's Consultants,Resident Project Representative,and accordance with the provisions of the Contract Documents
assistants. and applicable Laws and Regulations,but during any such
appeal, CONTRACTOR shall carry on the Work and
ARTICLE 10-CHANGES IN THE WORK;CLAIMS adhere to the progress schedule as provided in paragraph
6.18.A.
10.01 Authorized Changes in the Work 10.04 Notification to Surety
A. Without invalidating the Agreement and without notice A. If notice of any change affecting the general scope of
to any surety,OWNER may,at any time or from time to time, the Work or the provisions of the Contract Documents
order additions,deletions,or revisions in the Work by a Written (including,but not limited to,Contract Price or Contract Times)
Amendment, a Change Order, or a Work Change Directive. is required by the provisions of any Bond to be given to a surety,
Upon receipt of any such document, CONTRACTOR shall the giving of any such notice shall be CONTRACTOR's
promptly proceed with the Work involved which shall be responsibility. The amount of each applicable Bond shall be
performed under the applicable conditions of the Contract adjusted to reflect the effect of any such change.
Documents(except as otherwise specifically provided).
10.05 Claims and Disputes
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an A. Notice: Written notice stating the general nature of
adjustment in the Contract Price or Contract Times,or both,that each Claim, dispute,or other matter shall be delivered by the
should be allowed as a result of a Work Change Directive, a claimant to ENGINEER and the other party to the Contract
Claim may be made therefor as provided in paragraph 10.05. promptly(but in no event later than 30 days)after the start of the
event giving rise thereto. Notice of the amount or extent of the
10.02 Unauthorized Changes in the Work Claim, dispute, or other matter with supporting data shall be
delivered to the ENGINEER and the other party to the Contract
A. CONTRACTOR shall not be entitled to an increase in within 60 days after the start of such event(unless ENGINEER
the Contract Price or an extension of the Contract Times with allows additional time for claimant to submit additional or more
respect to any work performed that is not required by the accurate data in support of such Claim,dispute,or other matter).
Contract Documents as amended,modified,or supplemented as A Claim for an adjustment in Contract Price shall be prepared in
provided in paragraph 3.04,except in the case of an emergency accordance with the provisions of paragraph 12.01.B. A Claim
as provided in paragraph 6.16 or in the case of uncovering Work for an adjustment in Contract Time shall be prepared in
as provided in paragraph 13.04.B. accordance with the provisions of Article 12. Each Claim shall
be accompanied by claimant's written statement that the
10.03 Execution of Change Orders adjustment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
A. OWNER and CONTRACTOR shall execute party shall submit any response to ENGINEER and the claimant
appropriate Change Orders recommended by ENGINEER(or within 30 days after receipt of the claimant's last submittal
Written Amendments)covering: (unless ENGINEER allows additional time).
1. changes in the Work which are:(i)required by law B. ENGINEER's Decision: ENGINEER shall render a
(ii) ordered by OWNER pursuant to paragraph 10.01.A, formal decision in writing within 30 days after receipt of the last
(iii) required because of acceptance of defective Work submittal of the claimant or the last submittal of the opposing
under paragraph 13.08.A or OWNER's correction of party, if any. ENGINEER's written decision on such Claim,
defective Work under paragraph 13.09,(iv)agreed to by dispute,or other matter shall be final and binding upon OWNER
the parties: and CONTRACTOR unless:
2. changes in the Contract Price or Contract Times 1. an appeal from ENGINEER's decision is taken
which are agreed to by the parties,including any undisputed within the time limits and in accordance with the dispute
sum or amount of time for Work actually performed in resolution procedures set forth in Article 16;or
accordance with a Work Change Directive;and
00-700-26
2. if no such dispute resolution procedures have been retirement benefits, bonuses, sick leave, vacation and
set forth in Article 16,a written notice of intention to appeal holiday pay applicable thereto. The expenses ofperfomvng
from ENGINEER's written decision is delivered by Work outside of regular working hours, on Saturday,
OWNER or CONTRACTOR to the other and to Sunday,or legal holidays,shall be included in the above to
ENGINEER within 30 days after the date of such decision, the extent authorized by OWNER.
and a formal proceeding is instituted by the appealing party
in a forum of competent jurisdiction within 60 days after the 2. Cost of all materials and equipment furnished and
date of such decision or within 60 days after Substantial incorporated in the Work,including costs of transportation
Completion,whichever is later(unless otherwise agreed in and storage thereof,and Suppliers'field services required
writing by OWNER and CONTRACTOR), to exercise in connection therewith. All cash discounts shall accrue to
such rights or remedies as the appealing party may have CONTRACTOR unless OWNER deposits funds with
with respect to such Claim, dispute, or other matter in CONTRACTOR with which to make payments,in which
accordance with applicable Laws and Regulations. case the cash discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
C. If ENGINEER does not render a formal decision in surplus materials and equipment shall accrue to OWNER,
writing within the time stated in paragraph 10.05.B,a decision and CONTRACTOR shall make provisions so that they
denying the Claim in its entirety shall be deemed to have been may be obtained.
issued 31 days after receipt of the last submittal the claimant or
the last submittal of the opposing party,if any. 3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors. If
D. No Claim for an adjustment in Contract Price or required by OWNER, CONTRACTOR shall obtain
Contract Times(or Milestones)shall be valid if not submitted in competitive bids from subcontractors acceptable to
accordance with this paragraph 10.05. OWNER and CONTRACTOR and shall deliver such bids
to OWNER,who shall then determine,with the advice of
ARTICLE 11 -COST OF THE WORK;CASH ENGINEER,which bids,if any,shall be acceptable. If any
ALLOWANCES;UNIT PRICE WORK subcontract provides that the Subcontractor is to be paid on
the basis of Cost ofthe Work plus a fee,the Subcontractor's
Cost of the Work and fee shall be determined in the same
11.01 Cost of the Work manner as CONTRACTOR's Cost of the Work and fee as
provided in this paragraph 11.01.
A. Costs Included: The term Cost of the Work means the
sum of all costs necessarily incurred and paid by 4. Costs of special consultants (including but not
CONTRACTOR in the proper performance of the Work. When limited to engineers, architects, testing laboratories,
the value of any Work covered by a Change Order or when a surveyors, attorneys, and accountants) employed for
Claim for an adjustment in Contract Price is determined on the services specifically related to the Work.
basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR shall be only those additional or incremental 5. Supplemental costs including the following:
costs required because of the change in the Work or because of
the event giving rise to the Claim. Except as otherwise may be a. The proportion of necessary transportation,
agreed to in writing by OWNER,such costs shall be in amounts travel,and subsistence expenses of CONTRACTOR's
no higher than those prevailing in the locality of the Project,shall employees incurred in discharge of duties connected
include only the following items,and shall not include any of the with the Work.
costs itemized in paragraph 11.01.B.
b. Cost, including transportation and
I. Payroll costs for employees in the direct employ of maintenance, of all materials, supplies, equipment,
CONTRACTOR in the performance of the Work under machinery,appliances,office,and temporary facilities
schedules of job classifications agreed upon by OWNER at the Site,and hand tools not owned by the workers,
and CONTRACTOR. Such employees shall include which are consumed in the performance of the Work,
without limitation superintendents, foremen, and other and cost,less market value,of such items used but not
personnel employed full time at the Site. Payroll costs for consumed which remain the property of
employees not employed full time on the Work shall be CONTRACTOR.
apportioned on the basis of their time spent on the Work.
Payroll costs shall include,but not be limited to, salaries c. Rentals of all construction equipment and
and wages plus the cost of fringe benefits, which shall machinery,and the parts thereof whether rented from
include social security contributions,unemployment,excise, CONTRACTOR or others in accordance with rental
and payroll taxes, workers' compensation, health and agreements approved by OWNER with the advice of
00-700-27
ENGINEER,and the costs of transportation,loading, 1. Payroll costs and other compensation of
unloading,assembly,dismantling,and removal thereof. CONTRACTOR's officers, executives, principals (of
All such costs shall be in accordance with the terms of partnerships and sole proprietorships),general managers,
said rental agreements. The rental of any such engineers, architects, estimators, attorneys, auditors,
equipment,machinery,or parts shall cease when the accountants,purchasing and contracting agents,expediters,
use thereof is no longer necessary for the Work. timekeepers, clerks, and other personnel employed by
CONTRACTOR, whether at the Site or in
d. Sales,consumer,use,and other similar taxes CONTRACTOR's principal or branch office for general
related to the Work,and for which CONTRACTOR is administration of the Work and not specifically included in
liable,imposed by Laws and Regulations. the agreed upon schedule of job classifications referred to in
paragraph 11.01.A.1 or specifically covered by paragraph
e. Deposits lost for causes other than negligence 11.01.A.4,all of which are to be considered administrative
of CONTRACTOR, any Subcontractor, or anyone costs covered by the CONTRACTOR's fee.
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty 2. Expenses of CONTRACTOR's principal and
payments and fees for permits and licenses. branch offices other than CONTRACTOR's office at the
Site.
f. Losses and damages (and related expenses)
caused by damage to the Work,not compensated by 3. Any part of CONTRACTOR's capital expenses,
insurance or otherwise,sustained by CONTRACTOR including interest on CONTRACTOR's capital employed
in connection with the performance of the Work for the Work and charges against CONTRACTOR for
(except losses and damages within the deductible delinquent payments.
amounts of property insurance established in
accordance with paragraph 5.05),provided such losses 4. Costs due to the negligence of CONTRACTOR,
and damages have resulted from causes other than the any Subcontractor, or anyone directly or indirectly
negligence of CONTRACTOR,any Subcontractor,or employed by any of them or for whose acts any ofthem may
anyone directly or indirectly employed by any of them be liable, including but not limited to, the correction of
or for whose acts any of them may be liable. Such defective Work,disposal of materials or equipment wrongly
losses shall include settlements made with the written supplied,and making good any damage to property.
consent and approval of OWNER. No such losses,
damages,and expenses shall be included in the Cost of 5. Other overhead or general expense costs of any
the Work for the purpose of determining kind and the costs of any item not specifically and expressly
CONTRACTOR's fee. included in paragraphs 11.01.A and 11.01.B.
g. The cost of utilities,fuel,and sanitary facilities C. CONTRACTOR's Fee: When all the Work is
at the Site. performed on the basis of cost-plus,CONTRACTOR's fee shall
be determined as set forth in the Agreement. When the value of
h. Minor expenses such as telegrams, long any Work covered by a Change Order or when a Claim for an
distance telephone calls,telephone service at the Site, adjustment in Contract Price is determined on the basis of Cost
expressage,and similar petty cash items in connection of the Work,CONTRACTOR's fee shall be determined as set
with the Work. forth in paragraph 12.01.C.
i. When the Cost of the Work is used to D. Documentation: Whenever the Cost of the Work for
determine the value of a Change Order or of a Claim, any purpose is to be determined pursuant to paragraphs 11.01 A
the cost of premiums for additional Bonds and and 11.01.B, CONTRACTOR shall establish and maintain
insurance required because of the changes in the Work records thereof in accordance with generally accepted accounting
or caused by the event giving rise to the Claim. practices and submit in a form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
j. When all the Work is performed on the basis
of cost-plus,the costs of premiums for all Bonds and 11.02 Cash Allowances
insurance CONTRACTOR is required by the Contract
Documents to purchase and maintain. A. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
B. Costs Excluded:The term Cost of the Work shall not Documents and shall cause the Work so covered to be performed
include any of the following items: for such sums as may be acceptable to OWNER and
ENGINEER. CONTRACTOR agrees that:
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ARTICLE 12-CHANGE OF CONTRACT PRICE;
1. the allowances include the cost to CONTRACTOR CHANGE OF CONTRACT TIMES
(less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
Site,and all applicable taxes;and 12.0I Change of Contract Price
2. CONTRACTOR's costs for unloading and A. The Contract Price may only be changed by a Change
handling on the Site, labor, installation costs, overhead, Order or by a Written Amendment. Any Claim for an adjustment
profit,and other expenses contemplated for the allowances in the Contract Price shall be based on written notice submitted
have been included in the Contract Price and not in the by the party making the Claim to the ENGINEER and the other
allowances, and no demand for additional payment on party to the Contract in accordance with the provisions of
account of any of the foregoing shall be valid. paragraph 10.05.
B. Prior to final payment,an appropriate Change Order B. The value of any Work covered by a Change Order or
shall be issued as recommended by ENGINEER to reflect actual of any Claim for an adjustment in the Contract Price shall be
amounts due CONTRACTOR on account of Work covered by determined as follows:
allowances, and the Contract Price shall be correspondingly
adjusted. 1. where the Work involved is covered by unit prices
contained in the Contract Documents, by application of
11.03 Unit Price Work such unit prices to the quantities of the items involved
(subject to the provisions of paragraph 11.03 );or
A. Where the Contract Documents provide that all or part
of the Work is to be Unit Price Work,initially the Contract Price 2. where the Work involved is not covered by unit
shall be deemed to include for all Unit Price Work an amount prices contained in the Contract Documents,by a mutually
equal to the sum of the unit price for each separately identified agreed lump sum;or
item of Unit Price Work times the estimated quantity of each
item as indicated in the Agreement. The estimated quantities of 3. where the Work involved is not covered by unit
items of Unit Price Work are not guaranteed and are solely for prices contained in the Contract Documents and agreement
the purpose of comparison of Bids and determining an initial to a lump sum is not reached under paragraph 12.01.B.2,on
Contract Price. Determinations of the actual quantities and the basis of the Cost of the Work(determined as provided
classifications of Unit Price Work performed by in paragraph 11.01) plus a CONTRACTOR's fee for
CONTRACTOR shall be made by ENGINEER subject to the overhead and profit(determined as provided in paragraph
provisions of paragraph 9.08. 12.01.C).
B. Each unit price shall be deemed to include an amount C. CONTRACTOR Fee: The CONTRACTOR's fee for
considered by CONTRACTOR to be adequate to cover overhead and profit shall be determined as follows:
CONTRACTOR's overhead and profit for each separately
identified item. I. a mutually acceptable fixed fee;or
C. OWNER or CONTRACTOR may make a Claim for an 2. if a fixed fee is not agreed upon,then a fee based
adjustment in the Contract Price in accordance with paragraph on the following percentages of the various portions of the
10.05 if Cost of the Work:
a. for costs incurred under paragraphs 11.01.A.I
1. the quantity of any item of Unit Price Work and 11.01.A.2,the CONTRACTOR's fee shall be 15
performed by CONTRACTOR differs materially and percent;
significantly from the estimated quantity of such item
indicated in the Agreement;and b. for costs incurred under paragraph 1 I.01.A.3,
the CONTRACTOR's fee shall be five percent;
2. there is no corresponding adjustment with respect
any other item of Work;and c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no fixed
3. if CONTRACTOR believes that CONTRACTOR fee is agreed upon.the intent of paragraph 12.01.C.2.a
is entitled to an increase in Contract Price as a result of is that the Subcontractor who actually performs the
having incurred additional expense or OWNER believes Work, at whatever tier, shall be paid a fee of 15
that OWNER is entitled to a decrease in Contract Price percent of the costs incurred by such Subcontractor
under paragraphs 11.01.A.I and 1 I.01.A.2 and that
00-700-29
any higher tier Subcontractor and CONTRACTOR
shall each be paid a fee of five percent of the amount 12.05 Delays Beyond OWNER's and CONTRACTOR's
paid to the next lower tier Subcontractor; Control
d. no fee shall be payable on the basis of costs A. Where CONTRACTOR is prevented from completing
itemized under paragraphs 11.01.A.4, 11.01.A.5,and any part of the Work within the Contract Times(or Milestones)
11.01.B; due to delay beyond the control of both OWNER and
CONTRACTOR, an extension of the Contract Times (or
e. the amount of credit to be allowed by Milestones)in an amount equal to the time lost due to such delay
CONTRACTOR to OWNER for any change which shall be CONTRACTOR's sole and exclusive remedy for such
results in a net decrease in cost shall be the amount of delay.
the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five 12.06 Delay Damages
percent of such net decrease;and
A. In no event shall OWNER or ENGINEER be liable to
f. when both additions and credits are involved CONTRACTOR,any Subcontractor,any Supplier,or any other
in any one change, the adjustment in person or organization,or to any surety for or employee or agent
CONTRACTOR's fee shall be computed on the basis of any of them,for damages arising out of or resulting from:
of the net change in accordance with paragraphs
12.01.C.2.a through 12.01.C.2.e,inclusive. 1. delays caused by or within the control of
CONTRACTOR;or
12.02 Change of Contract Times
2. delays beyond the control of both OWNER and
A. The Contract Times (or Milestones) may only be CONTRACTOR including but not limited to fires,floods,
changed by a Change Order or by a Written Amendment. Any epidemics, abnormal weather conditions, acts of God,or
Claim for an adjustment in the Contract Times(or Milestones) acts or neglect by utility owners or other contractors
shall be based on written notice submitted by the party making performing other work as contemplated by Article 7.
the claim to the ENGINEER and the other party to the Contract
in accordance with the provisions of paragraph 10.05. B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
B. Any adjustment of the Contract Times(or Milestones) CONTRACTOR due to delay,interference,or disruption directly
covered by a Change Order or of any Claim for an adjustment in attributable to actions or inactions of OWNER or anyone for
the Contract Times (or Milestones) shall be determined in whom OWNER is responsible.
accordance with the provisions of this Article 12.
ARTICLE 13-TESTS AND INSPECTIONS;
12.03 Delays Beyond CONTRACTOR's Control CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
A. Where CONTRACTOR is prevented from completing
any part of the Work within the Contract Times(or Milestones)
due to delay beyond the control of CONTRACTOR,the Contract 13.01 Notice of Defects
Times(or Milestones)shall be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor as A. Prompt notice of all defective Work of which OWNER
provided in paragraph 12.02.A. Delays beyond the control of or ENGINEER has actual knowledge shall be given to
CONTRACTOR shall include, but not be limited to, acts or CONTRACTOR. All defective Work may be rejected,
neglect by OWNER,acts or neglect of utility owners or other corrected,or accepted as provided in this Article 13.
contractors performing other work as contemplated by Article 7,
fires,floods,epidemics,abnormal weather conditions,or acts of 13.02 Access to Work
God.
A. OWNER, ENGINEER, ENGINEER's Consultants,
12.04 Delays Within CONTRACTOR's Control other representatives and personnel of OWNER,independent
testing laboratories, and governmental agencies with
A. The Contract Times (or Milestones) shall not be jurisdictional interests shall have access to the Site and the Work
extended due to delays within the control of CONTRACTOR. at reasonable times for their observation,inspecting,and testing.
Delays attributable to and within the control of a Subcontractor CONTRACTOR shall provide them proper and safe conditions
or Supplier shall be deemed to be delays within the control of for such access and advise them ofCONTRACTOR's Site safety
CONTRACTOR.
00-700-30
procedures and programs so that they may comply therewith as A. If any Work is covered contrary to the written request
applicable. of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
13.03 Tests and Inspections CONTRACTOR's expense.
A. CONTRACTOR shall give ENGINEER timely notice B. If ENGINEER considers it necessary or advisable that
of readiness of the Work for all required inspections,tests,or covered Work be observed by ENGINEER or inspected or
approvals and shall cooperate with inspection and testing tested by others, CONTRACTOR, at ENGINEER's request.
personnel to facilitate required inspections or tests. shall uncover, expose, or otherwise make available for
observation,inspection,or testing as ENGINEER may require,
B. OWNER shall employ and pay for the services of an that portion of the Work in question, furnishing all necessary
independent testing laboratory to perform all inspections,tests, labor,material,and equipment. If it is found that such Work is
or approvals required by the Contract Documents except: defective, CONTRACTOR shall pay all Claims,costs, losses,
and damages(including but not limited to all fees and charges of
I. for inspections, tests, or approvals covered by engineers,architects,attorneys,and other professionals and all
paragraphs 13.03.0 and 13.03.D below; court or arbitration or other dispute resolution costs)arising out
of or relating to such uncovering. exposure, observation,
2. that costs incurred in connection with tests or inspection, and testing, and of satisfactory replacement or
inspections conducted pursuant to paragraph 13.04.B shall reconstruction(including but not limited to all costs of repair or
be paid as provided in said paragraph 13.04.B;and replacement of work of others);and OWNER shall be entitled to
an appropriate decrease in the Contract Price. If the parties are
3. as otherwise specifically provided in the Contract unable to agree as to the amount thereof,OWNER may make a
Documents. Claim therefor as provided in paragraph 10.05 or as may
otherwise be provided by law.
C. If Laws or Regulations of any public body having
jurisdiction require any Work(or part thereof)specifically to be 13.05 OWNER May Stop the Work
inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall A. If the Work is defective, or CONTRACTOR fails to
assume full responsibility for arranging and obtaining such supply sufficient skilled workers or suitable materials or
inspections, tests, or approvals, pay all costs in connection equipment,or fails to perform the Work in such a way that the
therewith,and furnish ENGINEER the required certificates of completed Work shall conform to the Contract Documents,
inspection or approval. OWNER may order CONTRACTOR to stop the Work,or any
portion thereof, until the cause for such order has been
D. CONTRACTOR shall be responsible for arranging and eliminated; however, this right of OWNER to stop the Work
obtaining and shall pay all costs in connection with any shall not give rise to any duty on the part of OWNER to exercise
inspections, tests, or approvals required for OWNER's and this right for the benefit ofCONTRACTOR,any Subcontractor,
ENGINEER's acceptance of materials or equipment to be any Supplier,any other individual or entity,or any surety for,or
incorporated in the Work; or acceptance of materials, mix employee or agent of any of them.
designs, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections,tests,or approvals shall be performed 13.06 Correction or Removal of Defective Work
by organizations acceptable to OWNER and ENGINEER.
A. CONTRACTOR shall correct all defective Work,
E. If any Work (or the work of others) that is to be whether or not fabricated,installed,or completed,or,ifthe Work
inspected,tested, or approved is covered by CONTRACTOR has been rejected by ENGINEER, remove it from the Project
without written concurrence of ENGINEER,it must,ifrequested and replace it with Work that is not defective. CONTRACTOR
by ENGINEER,be uncovered for observation. shall pay all Claims,costs, losses,and damages(including but
not limited to all fees and charges of engineers, architects.
F. Uncovering Work as provided in paragraph 13.03.E attorneys,and other professionals and all court or arbitration or
shall be at CONTRACTOR's expense unless CONTRACTOR other dispute resolution costs)arising out of or relating to such
has given ENGINEER timely notice of CONTRACTOR's correction or removal(including but not limited to all costs of
intention to cover the same and ENGINEER has not acted with repair or replacement of work of others).
reasonable promptness in response to such notice.
13.07 Correction Period
13.04 Uncovering Work
00-700-31
A. If within three years after the date of Substantial ENGINEER's recommendation offinal payment,ENGINEER)
Completion(except for equipment, motors,electrical controls prefers to accept it,OWNER may do so. CONTRACTOR shall
and other mechanical devices which are guaranteed for a period pay all Claims, costs, losses, and damages (including but not
of two years from the date of acceptance and use of each item of limited to all fees and charges of engineers,architects,attorneys,
equipment by OWNER pursuant to Section 6.19(A)herein),or such and other professionals and all court or arbitration or other
longer period of time as may be prescribed by Laws or dispute resolution costs)attributable to OWNER's evaluation of
Regulations or by the terms of any applicable special guarantee and determination to accept such defective Work(such costs to
required by the Contract Documents or by any specific provision be approved by ENGINEER as to reasonableness) and the
of the Contract Documents,any Work is found to be defective,or diminished value of the Work to the extent not otherwise paid by
if the repair of any damages to the land or areas made available CONTRACTOR pursuant to this sentence. If any such
for CONTRACTOR's use by OWNER or permitted by Laws acceptance occurs prior to ENGINEER's recommendation of
and Regulations as contemplated in paragraph 6.11.A is found to final payment,a Change Order shall be issued incorporating the
be defective, CONTRACTOR shall promptly, without cost to necessary revisions in the Contract Documents with respect to
OWNER and in accordance with OWNER's written the Work, and OWNER shall be entitled to an appropriate
instructions:(i)repair such defective land or areas,or(ii)correct decrease in the Contract Price,reflecting the diminished value of
such defective Work or.if the defective Work has been rejected Work so accepted. If the parties are unable to agree as to the
by OWNER, remove it from the Project and replace it with amount thereof, OWNER may make a Claim therefor as
Work that is not defective,and(iii)satisfactorily correct or repair provided in paragraph 10.05. Ifthe acceptance occurs after such
or remove and replace any damage to other Work,to the work of recommendation, an appropriate amount shall be paid by
others or other land or areas resulting therefrom. If CONTRACTOR to OWNER.
CONTRACTOR does not promptly comply with the terms of
such instructions,or in an emergency where delay would cause 13.09 OWNER May Correct Defective Work
serious risk of loss or damage,OWNER may have the defective
Work corrected or repaired or may have the rejected Work A. If CONTRACTOR fails within a reasonable time after
removed and replaced, and all Claims, costs, losses, and written notice from ENGINEER to correct defective Work or to
damages (including but not limited to all fees and charges of remove and replace rejected Work as required by ENGINEER in
engineers,architects,attorneys,and other professionals and all accordance with paragraph I3.06.A,or if CONTRACTOR fails
court or arbitration or other dispute resolution costs)arising out to perform the Work in accordance with the Contract
of or relating to such correction or repair or such removal and Documents,or ifCONTRACTOR fails to comply with any other
replacement(including but not limited to all costs of repair or provision of the Contract Documents,OWNER may,after seven
replacement of work of others) shall be paid by days written notice to CONTRACTOR,correct and remedy any
CONTRACTOR. such deficiency.
B. In special circumstances where a particular item of B. In exercising the rights and remedies under this
equipment is placed in continuous service before Substantial paragraph,OWNER shall proceed expeditiously. In connection
Completion of all the Work,the correction period for that item with such corrective and remedial action,OWNER may exclude
may start to run from an earlier date if so provided in the CONTRACTOR from all or part of the Site,take possession of
Specifications or by Written Amendment. all or part of the Work and suspend CONTRACTOR's services
related thereto, take possession of CONTRACTOR's tools,
C. Where defective Work (and damage to other Work appliances,construction equipment and machinery at the Site,
resulting therefrom)has been corrected or removed and replaced and incorporate in the Work all materials and equipment stored
under this paragraph 13.07,the correction period hereunder with at the Site or for which OWNER has paid CONTRACTOR but
respect to such Work shall be extended for an additional period which are stored elsewhere. CONTRACTOR shall allow
of one year after such correction or removal and replacement has OWNER, OWNER's representatives, agents and employees,
been satisfactorily completed. OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable OWNER
D. CONTRACTOR's obligations under this paragraph to exercise the rights and remedies under this paragraph.
13.07 are in addition to any other obligation or warranty. The
provisions of this paragraph 13.07 shall not be construed as a C. All Claims,costs, losses,and damages(including but
substitute for or a waiver of the provisions of any applicable not limited to all fees and charges of engineers, architects,
statute of limitation or repose. attorneys,and other professionals and all court or arbitration or
other dispute resolution costs)incurred or sustained by OWNER
13.08 Acceptance of Defective Work in exercising the rights and remedies under this paragraph 13.09
shall be charged against CONTRACTOR,and a Change Order
A. If, instead of requiring correction or removal and shall be issued incorporating the necessary revisions in the
replacement of defective Work, OWNER (and, prior to Contract Documents with respect to the Work. Such claims.
00-700-32
costs,losses and damages shall include but not be limited to all CONTRACTOR stating that all previous progress
costs of repair, or replacement of work of others destroyed or payments received on account of the Work have been
damaged by correction, removal, or replacement of applied on account to discharge CONTRACTOR's
CONTRACTOR's defective Work. legitimate obligations associated with prior Applications for
Payment.
D. CONTRACTOR shall not be allowed an extension of
the Contract Times(or Milestones)because of any delay in the 3. The amount of retainage with respect to progress
performance of the Work attributable to the exercise by payments shall be as stipulated in the Agreement.
OWNER ofOWNER's rights and remedies under this paragraph
13.09. B. Review of Applications
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND 1. ENGINEER shall,within 10 days after receipt of
COMPLETION each Application for Payment,either indicate in writing a
recommendation of payment and present the Application to
OWNER or return the Application to CONTRACTOR
4.01 Schedule of Values indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case,CONTRACTOR
A. The schedule of values established as provided in may make the necessary corrections and resubmit the
paragraph 2.07.A shall serve as the basis for progress payments Application.
and shall be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of 2. ENGINEER's recommendation of any payment
Unit Price Work shall be based on the number of units requested in an Application for Payment shall constitute a
completed. representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
B. CONTRACTOR shall submit revisions to the initial Work as an experienced and qualified design professional
schedule of progress payments whenever actual outlays for the and on ENGINEER's review of the Application for
Work vary beyond -5 percent and +10 percent from the Payment and the accompanying data and schedules,that to
schedule,as determined by ENGINEER. the best of ENGINEER's knowledge, information and
belief:
a. the Work has progressed to the point
14.02 Progress Payments indicated;
A. Applications for Payments b. the quality of the Work is generally in
accordance with the Contract Documents(subject to an
1. At least 20 days before the date established for evaluation of the Work as a functioning whole prior to
each progress payment (but not more often than once a or upon Substantial Completion,to the results of any
month),CONTRACTOR shall submit to ENGINEER for subsequent tests called for in the Contract Documents,
review an Application for Payment filled out and signed by to a final determination of quantities and classifications
CONTRACTOR covering the Work completed as of the for Unit Price Work under paragraph 9.08,and to any
date of the Application and accompanied by such other qualifications stated in the recommendation);and
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of c. the conditions precedent to CONTRACTOR's
materials and equipment not incorporated in the Work but being entitled to such payment appear to have been
delivered and suitably stored at the Site or at another fulfilled in so far as it is ENGINEER's responsibility to
location agreed to in writing,the Application for Payment observe the Work.
shall also be accompanied by a bill of sale,invoice,or other
documentation warranting that OWNER has received the 3. By recommending any such payment ENGINEER
materials and equipment free and clear of all Liens and shall not thereby be deemed to have represented that: (i)
evidence that the materials and equipment are covered by inspections made to check the quality or the quantity of the
appropriate property insurance or other arrangements to Work as it has been performed have been exhaustive.
protect OWNER's interest therein, all of which must be extended to every aspect of the Work in progress, or
satisfactory'to OWNER. involved detailed inspections of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
2. Beginning with the second Application for Contract Documents; or (ii) that there may not be other
Payment, each Application shall include an affidavit of matters or issues between the parties that might entitle
00-700-33
CONTRACTOR to be paid additionally by OWNER or d. OWNER has actual knowledge of the
entitle OWNER to withhold payment to CONTRACTOR. occurrence of any of the events enumerated in
paragraphs 14.02.B.5.a through 14.02.B.5.c or
4. ENGINEER may refuse to recommend the whole paragraph 15.02.A.
or any part of any payment if,in ENGINEER's opinion,it
would be incorrect to make the representations to OWNER
referred to in paragraph 14.02.B.2. ENGINEER may also 14.03 CONTRACTOR's Warranty of Title
refuse to recommend any such payment or, because of
subsequently discovered evidence or the results of A. CONTRACTOR warrants and guarantees that title to
subsequent inspections or tests,revise or revoke any such all Work,materials,and equipment covered by any Application
payment recommendation previously made,to such extent for Payment, whether incorporated in the Project or not, shall
as may be necessary in ENGINEER's opinion to protect pass to OWNER no later than the time of payment free and clear
OWNER from loss because: of all Liens.
a. the Work is defective,or completed Work has 14.04 Substantial Completion
been damaged,requiring correction or replacement;
A. When CONTRACTOR considers the entire Work
b. the Contract Price has been reduced by ready for its intended use CONTRACTOR shall notify OWNER
Written Amendment or Change Orders; and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by
c. OWNER has been required to correct CONTRACTOR as incomplete)and request that ENGINEER
defective Work or complete Work in accordance with issue a certificate of Substantial Completion. Promptly
paragraph 13.09;or thereafter,OWNER, CONTRACTOR, and ENGINEER shall
make an inspection of the Work to determine the status of
d. ENGINEER has actual knowledge of the completion. If ENGINEER does not consider the Work
occurrence of any of the events enumerated in substantially complete, ENGINEER shall notify
paragraph 15.02.A. CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
C. Payment Becomes Due ENGINEER shall prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date of
1. Within 30 days after presentation of the Substantial Completion. There shall be attached to the
Application for Payment to OWNER with ENGINEER's certificate a tentative list of items to be completed or corrected
recommendation,the amount recommended shall(subject before final payment. OWNER shall have fourteen days after
to the provisions of paragraph 14.02.D)become due,and receipt of the tentative certificate during which to make written
when due shall be paid by OWNER to CONTRACTOR. objection to ENGINEER as to any provisions ofthe certificate or
D. Reduction in Payment attached list. If,after considering such objections,ENGINEER
concludes that the Work is not substantially complete,
1. OWNER may refuse to make payment of the full ENGINEER shall within 14 days after submission of the
amount recommended by ENGINEER because: tentative certificate to OWNER notify CONTRACTOR in
writing, stating the reasons therefor. If, after consideration of
a. claims have been made against OWNER on OWNER's objections, ENGINEER considers the Work
account of CONTRACTOR's performance or substantially complete, ENGINEER shall within said 14 days
furnishing of the Work; execute and deliver to OWNER and CONTRACTOR a
definitive and final certificate of Substantial Completion(with a
b. Liens have been filed in connection with the revised tentative list of items to be completed or corrected)
Work; reflecting such changes from the tentative certificate as
ENGINEER believes justified after consideration of any
c. there are other items entitling OWNER to a objections from OWNER. At the time of delivery of the
set-offagainst the amount recommended,including,but tentative certificate of Substantial Completion ENGINEER shall
not limited to,the failure of Contractor to provide any deliver to OWNER and CONTRACTOR a written
lien waivers and/or certifications which may be recommendation as to division of responsibilities pending final
required by Owner or as a result of Owner's payments payment between OWNER and CONTRACTOR with respect to
to subcontractors pursuant to the provisions of the security, operation, safety, and protection of the Work,
Contract Documents;or maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless OWNER and CONTRACTOR agree
otherwise in writing and so inform ENGINEER in writing prior
00-700-34
to ENGINEER's issuing the definitive and final certificate of A. Upon written notice from CONTRACTOR that the
Substantial Completion, ENGINEER's aforesaid entire Work or an agreed portion thereof is complete,
recommendation shall be binding on OWNER and ENGINEER shall promptly make a final inspection with
CONTRACTOR until final payment. OWNER and CONTRACTOR and shall notify CONTRACTOR
in writing of all particulars in which this inspection reveals that
B. OWNER shall have the right to exclude the Work is incomplete or defective. CONTRACTOR shall
CONTRACTOR from the Site after the date of Substantial immediately take such measures as are necessary to complete
Completion, but OWNER shall allow CONTRACTOR such Work or remedy such deficiencies.
reasonable access to complete or correct items on the tentative
list. 14.07 Final Payment
14.05 Partial Utilization A. Application for Payment
A. Use by OWNER at OWNER's option of any 1. After CONTRACTOR has, in the opinion of
substantially completed part of the Work that has specifically ENGINEER, satisfactorily completed all corrections
been identified in the Contract Documents,or which OWNER, identified during the final inspection and has delivered,in
ENGINEER,and CONTRACTOR agree constitutes a separately accordance with the Contract Documents,all maintenance
functioning and usable part of the Work that can be used by and operating instructions, schedules,guarantees,Bonds,
OWNER for its intended purpose without significant certificates or other evidence of insurance certificates of
interference with CONTRACTOR's performance of the inspection, marked-up record documents (as provided in
remainder of the Work, may be accomplished prior to paragraph 6.12), and other documents,CONTRACTOR
Substantial Completion of all the Work subject to the following may make application for final payment following the
conditions. procedure for progress payments.
1. OWNER at any time may request CONTRACTOR 2. The final Application for Payment shall be
in writing to permit OWNER to use any such part of the accompanied (except as previously delivered) by: (i) all
Work which OWNER believes to be ready for its intended documentation called for in the Contract Documents,
use and substantially complete. If CONTRACTOR agrees including but not limited to the evidence of insurance
that such part of the Work is substantially complete, required by subparagraph 5.04.B.7; (ii) consent of the
CONTRACTOR shall certify to OWNER and ENGINEER surety, if any, to final payment; and (iii) complete and
that such part of the Work is substantially complete and legally effective releases or waivers (satisfactory to
request ENGINEER to issue a certificate of Substantial OWNER)of all Lien rights arising out of or Liens filed in
Completion for that part of the Work. CONTRACTOR at connection with the Work.
any time may notify OWNER and ENGINEER in writing
that CONTRACTOR considers any such part of the Work B. Review of Application and Acceptance
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial 1. If,on the basis of ENGINEER's observation ofthe
Completion for that part of the Work. Within a reasonable Work during construction and final inspection, and
time after either such request,OWNER,CONTRACTOR, ENGINEER's review of the final Application for Payment
and ENGINEER shall make an inspection of that part ofthe and accompanying documentation as required by the
Work to determine its status of completion. If ENGINEER Contract Documents,ENGINEER is satisfied that the Work
does not consider that part of the Work to be substantially has been completed and CONTRACTOR's other
complete, ENGINEER shall notify OWNER and obligations under the Contract Documents have been
CONTRACTOR in writing giving the reasons therefor. If fulfilled,ENGINEER shall,within ten days after receipt of
ENGINEER considers that part of the Work to be the final Application for Payment, indicate in writing
substantially complete,the provisions of paragraph 14.04 ENGINEER's recommendation of payment and present the
shall apply with respect to certification of Substantial Application for Payment to OWNER for payment. At the
Completion of that part of the Work and the division of same time ENGINEER shall also give written notice to
responsibility in respect thereof and access thereto. OWNER and CONTRACTOR that the Work is acceptable
subject to the provisions of paragraph 14.09. Otherwise,
2. No occupancy or separate operation of part of the ENGINEER shall return the Application for Payment to
Work may occur prior to compliance with the requirements CONTRACTOR, indicating in writing the reasons for
of paragraph 5.10 regarding property insurance. refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
14.06 Final Inspection resubmit the Application for Payment.
00-700-35
C. Payment Becomes Due services of CONTRACTOR,exclude CONTRACTOR from the
Site, and take possession of the Work and of all
1. Thirty days after the presentation to OWNER of CONTRACTOR's tools, appliances, construction equipment,
the Application for Payment and accompanying and machinery at the Site,and use the same to the full extent they
documentation,the amount recommended by ENGINEER could be used by CONTRACTOR (without liability to
shall become due and,when due,shall be paid by OWNER CONTRACTOR for trespass or conversion),incorporate in the
to CONTRACTOR. Work all materials and equipment stored at the Site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem
14.08 Waiver of Claims expedient. In such case,CONTRACTOR shall not be entitled to
receive any further payment until the Work is finished. If the
A. The making and acceptance of final payment shall unpaid balance of the Contract Price exceeds all claims,costs,
constitute: losses, and damages(including but not limited to all fees and
charges of engineers, architects, attorneys, and other
1. a waiver of all Claims by OWNER against professionals and all court or arbitration or other dispute
CONTRACTOR, except Claims arising from unsettled resolution costs)sustained by OWNER arising out of or relating
Liens,from defective Work appearing after final inspection to completing the Work, such excess shall be paid to
pursuant to paragraph 14.06,from failure to comply with CONTRACTOR. If such claims,costs, losses, and damages
the Contract Documents or the terms of any special exceed such unpaid balance, CONTRACTOR shall pay the
guarantees specified therein, or from CONTRACTOR's difference to OWNER. Such claims,costs,losses,and damages
continuing obligations under the Contract Documents;and incurred by OWNER shall be reviewed by ENGINEER as to
their reasonableness and,when so approved by ENGINEER,
2. a waiver of all Claims by CONTRACTOR against incorporated in a Change Order. When exercising any rights or
OWNER other than those previously made in writing which remedies under this paragraph OWNER shall not be required to
are still unsettled. obtain the lowest price for the Work performed.
C. Where CONTRACTOR's services have been so
ARTICLE 15-TERMINATION terminated by OWNER, the termination shall not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER shall not
15.01 OWNER May Terminate for Cause release CONTRACTOR from liability.
A. The occurrence of any one or more of the following 15.02 OWNER May Terminate For Convenience
events shall justify termination for cause:
A. Upon seven days written notice to CONTRACTOR and
1. CONTRACTOR's persistent failure to perform ENGINEER, OWNER may, without cause and without
the Work in accordance with the Contract Documents prejudice to any other right or remedy of OWNER, elect to
(including, but not limited to, failure to supply sufficient terminate the Contract. In such case,CONTRACTOR shall be
skilled workers or suitable materials or equipment or failure paid(without duplication of any items):
to adhere to the progress schedule established under
paragraph 2.07 as adjusted from time to time pursuant to 1. for completed and acceptable Work executed in.
paragraph 6.04); accordance with the Contract Documents prior to the
effective date of termination,including fair and reasonable
2. CONTRACTOR's disregard of Laws or sums for overhead and profit on such Work;
Regulations of any public body having jurisdiction;
2. for expenses sustained prior to the effective date of
3. CONTRACTOR's disregard of the authority of termination in performing services and furnishing labor,
ENGINEER;or materials, or equipment as required by the Contract
Documents in connection with uncompleted Work,plus fair
4. CONTRACTOR's violation in any substantial and reasonable sums for overhead and profit on such
way of any provisions of the Contract Documents. expenses;
B. If one or more of the events identified in paragraph 3. for all claims, costs, losses, and damages
15.01.A occur, OWNER may, after giving CONTRACTOR (including but not limited to all fees and charges of
(and the surety,if any)seven days written notice,terminate the engineers,architects,attorneys,and other professionals and
00-700-36
all court or arbitration or other dispute resolution costs) provided however,that the provisions of this paragraph shall not
incurred in settlement of terminated contracts with apply to any provision in the contract documents which provide
Subcontractors,Suppliers,and others;and for liquidated damages. Any such contract documents which
make reference to liquidated damages shall have such liquidated
4. for reasonable expenses directly attributable to damages apply as the sole recourse available to City for
termination. damages.
B. CONTRACTOR shall not be paid on account of loss of 17.04 Survival of Obligations
anticipated profits or revenue or other economic loss arising out
of or resulting from such termination. A. All representations,indemnifications,warranties,and
guarantees made in,required by,or given in accordance with the
ARTICLE 16-DISPUTE RESOLUTION Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, shall survive final
payment,completion,and acceptance of the Work or termination
16.01 Methods and Procedures or completion of the Agreement.
A. This Agreement shall be subject to and governed by the 17.05 Controlling Law
laws of the State of Illinois. Venue for the resolution of any
dispute or the enforcement of any rights pursuant to this A. This Contract is to be governed by the law of Illinois.
Agreement shall be in the Circuit Court of Kane County.
17.06 Professional Fees and Court Costs Included
ARTICLE 17-MISCELLANEOUS A. Whenever reference is made to Aclaims,costs,losses
and damages,it shall specifically exclude all fees and charges of
attorneys and all court or dispute resolution costs.
17.01 Giving Notice
17.07 Prevailing Wage Rates
A. Whenever any provision of the Contract Documents
requires the giving of written notice,it shall be deemed to have A. CONTRACTOR shall comply with the attached
been validly given if delivered in person to the individual or to a prevailing wage rates as determined by the Illinois Department
member of the firm or to an officer of the corporation for whom of Labor.
it is intended,or if delivered at or sent by registered or certified
mail,postage prepaid,to the last business address known to the
giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract
Documents by days,it shall be computed to exclude the first and
include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a day made a legal
holiday by the law of the applicable jurisdiction,such day shall
be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto are in addition to,and are not to be construed
in any way as a limitation of,any rights and remedies available to
any or all of them which are otherwise imposed or available by
Laws or Regulations,by special warranty or guarantee,or by
other provisions of the Contract Documents,and the provisions
of this paragraph shall be as effective as if repeated specifically
in the Contract Documents in connection with each particular
duty, obligation, right, and remedy to which they apply;
00-700-37
ATTACHMENT C
Supplementary Conditions Regarding Insurance
Insurance Requirements: Contractor agrees to obtain, furnish, and maintain in full force and effect
during the entire term of this Agreement, at its sole cost, the insurance coverages outlined herein.
All of said insurance shall be written by. and secured from.companies approved to do business and
issue insurance in the State of Illinois and must be rated "A-"or better, in accordance with the latest
edition of Best's Insurance Guide, published by A.M. Best Company. Inc. or its equivalent.
The comprehensive general liability insurance shall be endorsed to include independent contractors,
contractual liability, personal injury, products/completed operations liability, broad from property
damage,and cross liability and severability 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 basis. Automobile liability insurance should
include coverage for all owned, non-owned, hired and leased 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 $2 Million
Products Completed Operations Aggregate $2 Million
Personal Injury and Advertising Limit $1 Million
Each Occurrence $1 Million
Automobile Liability
Combined Single Limit $1 Million
Umbrella Liability
Each Occurrence $2 Million
General Aggregate $2 Million
Worker's Compensation
Statutory As required by state law
Employer's Liability $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 in the 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 Elgin as additional insured.
The workers' compensation policy shall include a waiver of subrogation in favor of the City. The
Contractor shall be responsible for and shall bear the risk of loss and damage to any property of
Contractor and any property for which it is responsible or in its care, custody, or contract, wherever
located. Any insurance provided for such property shall be solely at Contractor's expense.
Prior to the commencement of any work under this Agreement, Contractor shall furnish Certificates
of Insurance acceptable to the City and conforming to the insurance coverage required herein. The
policy cancellation notification provision will provide the City with at least thirty (30) days written
notice in the event of cancellation or material change.
The City reserves the right, at its sole discretion, to amend the insurance requirements contained
herein.
2
ATTACHMENT E
\�.t~OF EEC'
{a ooshuM ,Ni
\fp` •1'
City of Elgin, Illinois
Certification Requirements
Please submit all required forms and documentation, fully completed and signed,
with your proposal. No proposal will be accepted without this information.
1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and
vendors. Herein referred to as"bidders",are requested to submit the following information:
a. Workforce analysis using the enclosed Bidder's Employee Utilization form.
b. Provide the information required in Item #3 on the employee utilization form if the answer to
Question#2 on the form is"Yes".
c. Provide a written commitment outlining the steps that the bidder plans to take in the area of
recruitment and promotion of minorities and females to assure equal employment opportunity. (A
copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.)
2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must
submit a signed sexual harassment form enclosed with the Invitation to Bid.
3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered
by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax.
4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result
of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating.
5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to
Bid along with all instructions,conditions,and specifications attached thereto constitute a binding contract
which may be enforced by the city.
Signature/Title
Company Name
Address
Phone Number
Email Address
FEIN No.
OF
"sCk:/1„
..0104
ti
City of Elgin, Illinois
Sexual Harassment - - Policies and Programs •
Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible bidder
is required to have written sexual harassment policies that include, at a minimum, the following
information:
• the illegality of sexual harassment
• the definition of sexual harassment under state law
• a description of sexual harassment,utilizing examples
• a vendor's internal complaint process including penalties and a description of the means by
which complaining parties may complain directly to management personnel other than the
alleged harassing individual
• the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission
• directions on how to contact the department and commission
• protection against retaliation as provided by Section 6-101 of the Human Rights Act
I hereby affirm that the organization which I represent has in place sexual harassment
policies which include the required information set forth above,and I hereby agree to furnish
the City of Elgin - Human Resources Department with a copy of these policies if they so
request.
Signature/Title
Company
Date
Sexual harassment is defined as follows:
"Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as a basis for employment decisions affecting such
individual, or (3) such conduct has the purpose or effect of substantially interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working
environment.
Any questions by contracting parties or eligible bidders concerning compliance with these
requirements should be directed to the City of Elgin-Human Resources Department at(847)931-
5607.
The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify
and hold the City of Elgin harmless from any and all liability,loss or damage including costs
of defense or claim,demands,costs of judgment against it arising from any complaint based
on unlawful harassment and/or employment action, including, but not limited to
termination, based on any protected category as provided by law,including,but not limited
to, sexual harassment resulting from the act of any member of my organization in the
performance of this contract.
Signature/Title
Company
Date
1
LO/i'"l/F.D ..�$.
•
City of Elgin, Illinois
BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and must be submitted before the contract can be awarded.
Chapter 3.12.1000 Affirmative Action-City Contracts
l. Name and Address of Bidder Description of Project
JOB CATEGORIES Total Whites Blacks Hispanics Asians or American Minority Female(All
Employees Pacific Indians (M&F) Categories)
Islanders
M / F M / F M / F M / F M / F
Example:Managers 18 3/5 3/2 4/0 0/1 0/0 55. 44.4%
(ItUIS) (s/ls)
TOTALS
Signature of Company Official Title Telephone Number Date Signed Page—
of
2. Have you ever been awarded a bid by the City of Elgin? Yes No
3. If the answer to question#2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with
your last successful bid along with a fully completed copy of this form.
4.Please submit,according to the guideline provided in the attached document,a written commitment to provide equal
employment opportunity. An Employee Utilization Form is required for any subcontractors.
NOTE: In the event that a contractor or vendor,etc.,fails to comply with the fair employment and affirmative action provisions of the City
of Elgin,the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part.
CITY OF ELGIN,ILLINOIS
RESPONSIBLE BIDDER AFFIDAVIT
State of ss.
County of
,being first duly sworn, hereby deposes and states:
(1) That s/he is the of the party making
the bid(the"bidder")of which this affidavit is a part thereof.
(2) That the bidder has a valid federal employer tax identification number, or if an
individual, a valid social security number, such number being as follows:
(3) That the bidder agrees to and shall comply with the Equal Opportunity Employer
provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal
Executive Order Number 11246,as amended,by Executive Order 11375,and has and shall comply
with the Equal Opportunity Employer provisions of the Elgin Municipal Code, Section 3.12.100,
as amended.
(4) That bidder has the insurance coverage as set forth in the bid specifications
including general liability, workers' compensation, completed operations,automobile, hazardous
occupations and products liability. Copies of certificates of insurance indicating such insurance
coverages are attached.
(5) That bidder has a written sexual harassment policy in compliance with the
provisions of the Illinois Human Rights Act (775 ILCS 5/2-105(A)(4), as amended). A copy of
bidder's written sexual harassment policy is attached.
(6) That bidder hereby certifies that it shall comply with the provisions of the Illinois
Prevailing Wage Act(820 ILCS 130/0.01 et seq.,as amended).
(7) That the bidder hereby certifies: [check all that apply]
■ bidder has not received any notices of violations of the Illinois
Prevailing Wage Act(820 ILCS 130/0.01 et seq)
• in the event any such notice has been received by bidder, a copy of
any such notice is attached hereto
• in the event that bidder has received such a notice, any
documentation demonstrating the resolution of any such notice is
attached hereto
•
■ for each such notice received by bidder,the matter has been
resolved as follows:
(8) As a condition of the agreement for the project,bidder shall have in place a written
substance abuse prevention program which meets or exceeds the program requirements of the
Substance Abuse Prevention on Public Works Act(8201LCS 265/1 et seq.,as amended). A copy
of such policy shall be provided to the city's purchasing director prior to the entry into and
execution of the agreement for the project.
(9) Bidder represents and warrants that it has relevant experience that indicates the
necessary capacity to perform the project and adequate references verifying the quality of work
performed. Relevant experience of the bidder includes the following projects:
Bidder's references verifying the quality of the work performed on such projects are as follows:
(10) For city construction projects (construction of new city facilities,renovation of an
existing facility, or city road construction projects) over fifty thousand dollars ($50,000) bidder
hereby certifies,represents and warrants that it participates in an apprentice and training programs
applicable to the work to be performed on the project which are approved by and registered with
the United States Department of Labor Office of Apprenticeship and Training or are a reasonable
equivalent to such programs. Evidence of such participation is hereby attached:
Yes No Not applicable to this project
(check response which applies)
(11) For city construction projects (construction of new city facilities, renovation of
existing facilities or city road construction projects) bidder must demonstrate a good faith effort
toward providing equal employment opportunities for persons to work as craftspersons, laborers,
workers or mechanics consistent with the racial,ethnic and gender demographics of the labor force
available in the Illinois Department of Employment Security Chicago-Naperville-Joliet
Metropolitan Division which consists of Cook DeKalb, DuPagc, Grundy, Kane, Kendall,
McHenry and Will counties. The following is bidder's description of bidder's good-faith efforts
toward providing such equal employment opportunities:
Signature of bidder, if an individual:
Signature of bidder, if a corporation:
President
Secretary
Signature of bidder, if a partnership:
Partner(indicate General or Limited)
Signature of bidder, if a limited liability company:
Member or Manager
Subscribed and sworn to before me this day
of , 20
My Commission expires:
FOR CITY PURCHASING DEPARTMENT ONLY:
Attachments - Insurance certificates:
Bidder's sexual harassment policy:
Bidder's substance abuse prevention program:
If applicable,Illinois Prevailing Wage Act violation notice(s):
If applicable, documentation resolving IPWA violation notice(s):
If applicable, apprenticeship and training program documentation:
-Page 4