Construction Management Services PD Detention Zone Reno ProjectVILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the & day 41691tr2017 ("Agreement"), and is by and between the VILLAGE OF
OAK BROOK, 1100 Oak Brook Road, Oak Brook, Illinois, 60523 an Illinois municipal corporation ("NI!lege"), and
SHALES MCNUTT LLC 425 Renter Drive, Elgin, Illinois 60123 ("C'onstrnctor ),
IN CONSIDERATION OF'tile recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant
to the Village's statutory powers, the panics agree as follows:
SECTION L SCOPE OF SERVICES Tile Village
raisins the Constructor to perform, and Ute Constructor
agrees to provide all labor and materials necessary to
perl'onn the work in connection with the project identified
below ("Services), which Services rhe Constructor shall
provide pursuant to the terms and conditions of this
Agreement:
Construction Alatragement Services and service of
Constructor ofthe Village of Oak Brook Police Detention
7one 8enovarlon/Addidan Project as more fully described
hr Ute aftechosent dated .4ugust 9, 2017 and as ret forth In
fhe AIA Document A130 attached hereto and made a part
hereof.
SECTION 2. TIME. OF PERFORMANCE 'flue
Constructor shall perform the Services as normally agreed
upon by the Village and Constructor ("Time of
Performance).
SECTION 3. COMPENSATION.
A. Agreement Amount. The total budget for
the Project, inclusive of all costs of labor, costs of
materials, fees, profit, taxes and expenses of every kind,
including the compensation paid to the Constructor (but
not compensation paid to the Architect) shall not exceed
$2,500,000 without the prior express written
authorization of the Village Manager. "fhe Constructor
agrees that completing the Project within the Budget
limit of $2,500,000 is a material term of lire
Constructor's performance under this Agreement.
P. Taxes. Benefits, and Royalties Each
Payment by the Village to the Constructor includes all
applicable federal, state, and Village taxes of every kind
and nature applicable to the Services as well as all taxes,
contributions, and premiums for unemployment insurance,
old age or retirement benefits, pensions, annuities, or
similar benefits and all costs, royalties, and fees arising
from the use of, or the incorporation into, the Services, of
patented or copyrighted equipment, materials, supplies,
tools, appliances, devices, processes, or inventions. All
claim or right to claim additional compensation by reason
Of the payment of any such tax, contribution, premium,
costs, royalties, or fees is hereby waived and released by
Constructor.
SECTION 4, REPRESENTATIONS OF
CONSTRUCTOR, Thu Constructor represents and
certifies that the Services shall be perforated in
accordance with the standards of professional practice,
care, workmanlike manner and diligence practiced by
recognized constructors in performing services of a
similar nature in existence at the Time of Performance.
The representations and certifications expressed shall be
in addition to any other representations and
certifications
expressed in this Agreement, or expressed or implied by
law, which are hereby reserved unto the Village.
The Constructor further represents that it is financially
solvent, has the necessary financial resources, and is
snfTiciently experienced and competent to perform and
complete the Services in a manner consistent with the
standards of professional practice by recognized
eonstrucmrs providing services of a similar nature. The
Constructor shall provide all personnel necessary to
complete the Services.
SECTION 5. INDEMNIFICATION: INSURANCE-*
LIABILITY.
A. Indemnification. To the fullest extent permitted
by law, the Constructor shall waive any right of
contribution against the Owner and shag indemnify and
hold hamtless the Owner and its officers, officials,
employees, volunteers and agents from and against all
claims, damages losses and expenses, including, but not
limited to, legal fees (attorney's and paralegal's fees,
expert fees and court costs), arising out of or resulting from
the performance ol'the Constructor's work provided that
any such claim, damage, loss or expense is attributable to
bodily injury, sickness, disease or death, or injury to or
destruction of property, other than the work itself,
including the loss of use resulting therefrom, or is
attributable to misuse or improper use of trademark m•
copyright protected material or otherwise protected
intellectual property, to the extent it is caused by any
wrongful or negligent act or omission ofthe Constructor,
any Subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may
be liable. Such obligation shall not be construed to negate.
abridge or otherwise reduce any other right to indemnity
which the Owner would otherwise have. The Constructor
shall similarly, protect, indemnify and hold and save
harmless, the Owner, its officers, officials, employee,
volunteers and agents against and from any and all claims,
costs, causes, actions and expenses, including, but not
limited to, legal fees, incurred by reason of Constructor's
breach of any of its obligations under, or Constructor's
default of any provisions of the Contract, The
indemnification obligations under this paragraph shall not
be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or
for the Constructor or any subcontractor under Workers'
Compensation or Disability Benefl Acts or Employee
Benefit Acts,
B. Insurance. The Constructor
acknowledges and agrees that the Constructor shall, and
has a duty to, maintain adequate insurance, in an amount,
and in a form and front companies, acceptable to the
Village. The Constructors maintenance of adequate
insurance shall not be construed in any way as a limitation
on the Constructors liability for losses or damages under
this Agreement.
C. No Personal Liability. No elected or
appointed official or employee of the Village shall be
personally liable, in law or in contract, to the Constructor
as the result of the execution of this Agreement.
SECTION 6. GENERAL PROVISIONS,
A. Relatioushio of the Parties the
Constructor shall act as an independent contractor is
providing and performing the Services. Nothing in, nor
done pursuant to, this Agreement shall be construed to: t 1)
create the relationship of principal and agent, employer
and employee, partners, or joint venturers between the
Village and Constructor., or (2) to create any relationship
between the Village and any subcontractor of the
Contractor.
8- Conflicts of Interest. -111cConstructor
represents and ceniftes that, to the best of its knowledge:
(1) no Village employee or agent is interested in the,
business of the Conatruetor or this Agreemerm; (2) as of the
date of this Agreement, neither the Constructor nor any
person employed or associated with the Constructor has
any interest that would conflict in any manner or degree
with the performance of the obligations under this
Agreement; and (3) neither the Constructor nor any person
employed by or associated with the Constructor shall at
any time daring the term of this Agreement obtain or
acquire any interest that world conflict in any manner or
MM
degree with the performance of the obligations under this
Agreement.
C No Collusion The Constructor
represents and certifies that the Constructor is not barred
from contracting with a unit of state or local government
as a result orm a deiinquencv in the payment of anv lax
administered by the Illinois Department of Revenge unless
the Constructor is contesting, in accordance with the
procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax, as set forth in
Section 11-42.1.1 el seq. of the Illinois Municipal Code,
65 ILCS 5/11-42.1-1 or seq., or (2) a violation of either
Section 338-3 or Section 33E-4 of Article 33E of rhe
Criminal Code of 1961, 720 ILCS 5431:1
ei seq. if ut anytime it shall be found that theConstructor
has, in procuring this Agreement, colluded with any other
person, firm, or corporation, then the Constructor shall be
liable to the Village for all loss or damage that the Village
may suffer, mid this Agreement shall, at the Village's
option, be null and void.
D. Termination. Notwithstanding any
other provision hereof, the Village may terminate this
Agreement at any time upon 15 days prior written notice
to the Constructor. in the event that this Agreement is so
terminated, the Constructor shall be paid for Services
actually performed and reimbursable expenses actually
incurred, if any, prior to termination, not exceeding tine
value of the Services completed.
E. Comnliance with Laws and Grants.
Constructor shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the
Services are provided, performed, and completed in
accordance with all required governmental pen nits,
licenses, or other approvals and authorizations that may be
required in connection will' providing, perforating, and
completing the Services, and with all applicable statutes,
ordinances, rules, and regulations, including wiihour
limitation the pair Labor Standards Act; any statutes
regarding quallfication to do business; any starves
prohibiting discrimination because or, or requiring
affirmative action based on, race, creed. color, national
origin, age, sex, or other prohibited classification,
including, without limitation, the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and
the Illinois Human Rights Act, 775 ILCS
3/1-101 ei seq. Constructor shall also comply with all
conditions of any federal, state, or local grant received by
the Village or Constructor with respect to this Contract ur
the Services. Constructor shall be solely liable forany fines
or civil penalties that are imposed by any governmental or
quasi -governmental agency or body that may arise, or be
alleged to have arisen, out of or in connection with
Constructor's, or its subcontractors, performance of, or
failure to perform, the Services or any pan lhcreof. Every
provision of law required by law to he inserted into this
Contract shall be deemed to be inserted herein.
F Mlault, If it should appear at any time
that the Constructor has failed or refused to prosecute, or
has delayed in the prosecution of, the Services with
diligence at a rate that assures completion of the Services
in full compliance ivith the requirements of this
Agreement, or has otherwise failed, refused, or delayed to
perform or satisfy the Services or any other requirement of
this Agreement r EnenrofDefnaq'% and fails to cure any
such Event of Default within ton business days after the
Constructor's receipt of written notice of such Event of
Default front the Village, then the Village shall have the
right, without prejudice to any other remedies provided by
law or equity, to (1) terminate this Agreement without
liability for further payment; or (2) withhold from any
payment or recover from the Constructor, any and all costs,
including attorneys' fees and administrative expenses,
incurred by the Village as the result of any Event of Default
by the Constructor or as a result of actions taken by the
Village in response to any Event of Default by the
Constructor.
L. Assignment. This Agreement may not
he assigned by the Village or by the Constructor without
the prior written consent of the other pany.
hi. Notice. All notices requited or
permitted to be given under this Agreement shall be in
writing and shall be delivered: (1) personally; (2) by a
reputable overnight courier; or by (3) by cenifted mail,
return receipt requested, and deposited in the U.S. Mail,
Postage prepaid. Unless otherwise expressly provided in
I his Agreement, notice& shall be deemed recei vel upon the
earlier of: (a) actual receipt; (b) one business day afier
deposit with an overnight courier as evidenced by a receipt
of deposit; or (e) three business days following deposit in
,he U.S. mail, as evidenced by a return receipt. Notices
and communications to the Village shall be addressed to,
and delivered at, the following address:
Village of Oak Brook
1200 Oak Brook flood
Oak Brook, Illinois 60523
Attention: James Kruger, Police Chief
Notices and communications to (lie Constructor shall be
addressed to, and delivered at, the following address:
v
Shales McNutt LLC
425 Renner Drive
Elgin, Illinois 60123
Attention: John Shales, Vice President
L Waiver. Neither the Village nor the
Constructor shall be under any obligation to exercise any
Of due rights granted to (hem in this Agreement except as
it shall determine to be in its bat interest i'rcm time to
time. The failure of' the Village or the Constructor to
exercise at any time any such rights shall not be deemed
or construed as a waiver of that right, nor shall the failure
void or affect the Village's or the Constructor's right to
enforce such rights or any other rights.
L Thlyd Party Reoeflciarv. No claim as a
third party beneficiary under this Agreement by any
person, firm, or corporation shall be made or be valid
against the Village.
K. Conflicts, Exhibits If any term or
provision in tills Agreement conflicts with arry teem or
provision of an attachment or exhibit to this Agreement,
the terms and provisions of this Agreement shall control,
11• Governing Laws. This Agreement and 0ie
rights of Owner and Constructor under this Agreement
shall be interpreted according to the internal laws. but not
the conflict of laws rules, of the State of Illinois; the venue
fur any legal action arising in connection wilt this
Agreement shall be in the Circuit Court of DuPage County,
Illinois,
M. No Disclosure of Confidential Information by the
Constructor. The Constructor acknowledges ilia, it shall,
in performing the Services for the Village under this
Agreemeol, have access, or be directly or indirectly
exposed, to
Confidential Information. The Constructor shall hold
confidential all Confidential Information and shall not
disclose or use such Confidential information without the
express prior written consent of the Village. The Constructor
shall use reasonable measures at least as strict as those the
Constructor
uses to protect its own confidential Information. Such
measures shall include, without limitation, requiring
employees and subcontractors of the Constructor to execute
a nondisclosure agreement before obtaining access to
Confidential Information.
A'nT si :
Ry:
Charlotte Pruss, Village Clerk
1'
0
Riccardo F. Ginex, Village me er
SHALES MCNUTT LLC
fly:
EXHIBIT A
(Attachment dated August 9, 1017)
wxr
=AIn Document Al 34" - 2009
Standard Form of Agreement Between Owner and Construction Manager as
Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed
Maximum Price
AGREEMENT made as n( file Nincih day of August in the year'I coo l holmind and
seval1w.I
(hr wnTTA, inellrale dal" afpadl are/ rrvrrJ
BETWEEN the Ownu:
{Nmac, Icgrtl site/as anr/ nrHGT!sv/
Village or Oak Brook
1200 Oak Brook (toad
Oak Brook, 11. 60523
and the Consiroci iml Man liv,
(Name. legal Means and ad(bms)
Shakes McNutt I.I.L•
425 Reality Orive
lilgin, i. 60123
for the following Itrgeej:
(Nanm and add vss or hx-wi ur
Village of oak i)rook
I'oliee IkYcnfion Improvements
1200 oak )A oak Road
Oak Weak, if. 60523
T he ArdiiicTi:
(Na7Ne. Irry,.al sla/tcr and addirss)
Williams Archilms
5(g) Park 0otdevaril. Supe III
flaws, II. 00143
,'he Owner's Omignaled RgNaLddutivc:
(NITard, address and other hl%rn7lNnloul
Police Ulief lames Krueger
12000sk Brook Road
Oak Brook, II. 60523
ADDITIONS AND DELETIONS:
Tits oldhof Of ifks doeumanl has
added I:aamalimt needed by as
wm{deaon T IleaWwr may els,
leave roHsod the text of the odglnal
AIA slendard form An Additions and
Ihrbtkvrs knpmf Thal 'Iola% added
lniamatlun as well as rovistuns to
the standard Imm laid IS available
I'm the author and should be
reviewed A vedicai line in Ute jell
margin ol this document indicate,
whore the aulhor has added
nocessa:y fulmination and where
the auhm has added to or detailed
Intel the original AIA lax[
Tlith document has Impmfant legal
consoau,nues. Consultation with an
auoagY Is encomagod whh roeI
toils complel lon of modiftcaVon
AIA Document A2011N.-2007.
Gaamal Condalo,s rM pin CMI(Wl
/m COMIA clime, Is adopted in IN,
amunaml by rotamneo. Do not use
vnlh Char gerremt conditions unless
lids dttcumenl Is mod6lml
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V, (1106916789(
rhe Constntclion ManapT's Dmiywlcd Ryvcutnlativc:
(Nome, addrew mol other i/ fmno/ian)
John MCNuII
Shales MCN1al LLC
425 Ramer Ihive
Wgin, It. 60123
The Architect's Designated Itcllrcwnlati,
(Name, oddiwx and other it farrnono..)
Mark Bushhouse
Williams Architens
500 Park Boulevard, Suite 800
haces, 11. 60143
llle Owncr and ConAnucaian Manage. agree as follows.
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TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 OWNER'S RESPONSIBILITIES
4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
6 COST OF THE WORK FOR CONSTRUCTION PHASE
7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
8 INSURANCE AND BONDS
9 DISPUTE RESOLUTION
10 TERMINATION OR SUSPENSION
11 MISCELLANEOUS PROVISIONS
12 SCOPE OF THE AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 The Contract Documents
The Contract tkaaunents consist of this AgAvernou. Conditions of five (: mwaa (General, Supplanaaary and mho
Conditions), Dmcvings, Specifications, Addmda isarai Is is to the czccutiot) 0f this Agrecarent, oho docmlieos
listed in this Agroancm, and Modifications issued alio, cra:tnio) of this AgrecmalL all ol'whidl form the ('ontraa
and are as fully a pan of the Cauracl as if mtaeflM to this Agreetnad o repaaed hacin. Upon the Owna's
approval orthe Control Eslfoale, lite Contract I —11,11 tats will also include the documents deta)bed in Saviotl
2,2.4 and revisions prepared by the Ardlital and fumiNhal by the ()ma as described in Section 2.2.5, Me
Collmcl «yresents the cache and inteWalal agramcvn bawea) the parties hereto and styramics prix negoiations.
repleiciliatioms o agrannmis, cilha cvriaat or oaf. "'anything in lite ahty ("attract DuLuniaas, oho than a
Modification, is iocvmsislat with this Agreememl, this Agteaneru shall govern.
§ 1.2 Rela9onship of the Parana
'lite ('ofgruaiat Mrohaga• a cepis the relationship of trust and confidants eslahlished by this Agrcanenl and
eavcnoas will' the Owns to cooperate with the Architect and exercise the Construction Matmger's skill and
jhdgmenl in fltrUnering lire interests ofdhe. (hwha; fn furnish efficient amatruaien alhninistotion, managenhanl
services and slylavision: to famish at all tills an ndeq ale supply of % o kas and materials; and to perform file
Work in of expeditious and eco onvical nhanne, consisiou wills file (),ucvla's interacts. I he CAcener agrees to Pon)ist
oapprvive, in a timely mounr,. inrormatiot rcyuirat by file ('aostncc600 Manager and to make payinents to the
Construction Malinger in accordance with the rainirennnk of the Contract %%ands. lite ptaies apea Ilial the
services of lite Construction Manage invahw a high degrar of professional skill and that the ability or fruhess of
the indi0duals Iain)arily resluosiblc for Wrfanhing such so vices and coordinating the Project is a oxaerial
armproan of This Agravnem. Acox dingly. the (tmstruet ion Manager shall he rerr_soned by Will Schmidt in all
matters pavalning In Ihis Agravnalt as Project Sul>Lrincaldent by Bill Wilson as project Malaga. C<ostruaiot
Maoaga nfiall give Owta m amdi n0tia ns is n:aanable prarsiblE ooncxrning arty sul]slifu(imt optive I'rajm
Manager or Project Supainlendeat and Owner shalt have file right of approval of each proposed utbscifoc. t
§ 1.3 General Conditions
Por the Preamslru0tion Phase, AIA Ooannent A20110 2007, 0alaal Conditions of file Contoet fa Construction,
dlall appry only as %I)eetfically provided in Alis Ago evincou. hon the ( "Istructioll I'llase, lite general conditions of tile,
' 1Ne typabaHf rMs AUK :tccormtirrt ie RrStcLted br Uca aeo,B]w�WNt9�p 6+ataD� Zae]ab 1;009 7U h Iiluta Oi M�ydlwle. Alln9altfMorvW
V Taa OQhallllfll �eaniYlcR LIR^t^r fObil{iMS$ipl6CiVa RRd CIMhi119k(1Bri6aK4 Ftli W�Il hp pAsvAw"A. flµ R1{Rrbnum s.Wd poeaiab anon,na�irw' 3
1 IRoaigtdM eofMrstoN 13:11:13 on i/13wY0t7tmaei(rdm tM e98Jea59781wNeheepirae at i110tla9ir, olio is ilptbltlueb
User Notes:
(116x91878])
contract shall Ic as set forth in A201--2(1(17, which documcm is inuttrptnncrl herein by refi.renco. life term
"COuttade"a, ustxl in A201-2007 shall neon the Construction Manager.
§ 1,4 Contract Sum, Comracb Time and Changes in the Work
the Comma Sam is theacteal Cost oribe Work as defined in %exthn O.l. I Plus the t-on i,ocliel Mallager'S PCC as
defined in Section 5.1 and all assts, taxes, slat expenses orvwry kind far the work other Than the compo nalion pail
ho Ibr Architttl. "Ihc Cahuad Time is the Mind of rime, including:unhorind adjusmunds, allmal in lire ivaraei
Ihurumnhts I'' Substantial Canpietioh or die Work as cerlified by the As cbitcd in accordance with Section q.5 of
AIA Documwl( A201-2007.71ne Collract l'iac shell lar, measmal thwis Ihr (late ofaanmcoccoloul of the
l'nruauclion Illow as established pursuanl to Section 2.3.1.2 of this Agrrcmcnl. Oranges in the Work mall br
governed by Section 5.2 of this Agrocment and nol by Arlich; 7 o/ A201--2007. II: brntcwr, the ('anrad'{'ime has
been established in aa:odmhce with Sec-tion 2.2.4.5. Ar(ide 7 of A201 Nal? shall coraroi adjustments; IO the
Couracl Tinld.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
In addition to the services set froth hl the Pro{losnl data{ kAY17, the ('oesaerdian Manager's Ikexnnatnlettwl Posse
responsibilities, arc set forth in Sect ions 2.1 and 2.2.11te ('ousimclian M:nnxgn's (`uutruction Phase rap>onsibilptiex
are sd limits in Scetion 2.3.11hc Oumer aid Cmistructiwr Manage' Olay agree, in consultations with the Arehhect, for
the Co nstnhdiol Phase to commence prim to eanplelion of the Prcaistrudioh Pbasc. in which case, I>dh phases
will Proceed cwaeurre tly. "file Construction Manager shall identify a rgrosnratiw awhuized to act on behalf of
lite Constructions Manage' with respce(to (lie. Ilrajecs.
§ 2.1 Precenshualiol Phare
§ 2.1.111nc Construction Manager shall provide a preliminary cwhollioto of the Owner's prognani, schedule slid
anhstrudiol budget requiraamdds, else), in lams ofnle otller.
§ 2.1.2Consuhatlon
'I'hc Cwhstructimh Manager shall schedule coli rhodin mcelings with nhc Arcbitcd nil (haat iu eG.tx;u.N x(ch
matters as {aoardures, progress, coordination, and sdialulillg orihe Work. Tile Construction Mmdillaguir slat advise
the (hone find the Arch tet oil Proposed silo use and improfcm nls. xledTil ofonmefal o mod building sysadvs
and apuipnant. floe ('ahslmdiwh Msnagw shall also provide raunnncnolalimn consistrm wilts the Project
re ituramntx to the Owner ami Archileci ml ansb uctability: a hmilahility of menials and War: tittle requirancros
fns Peicurenumt, installation and anstruetion; Poll lechu s related to oonsrmikal cost including, but nes limited to,
costs of ahlemaliw designs or materials, paeliminnry Ialdgels, life-cycle (Mtn, mid Passible cost reductions.
§ 2.1.3 When Project requirements in Section 3. 1.1 have been suficie fly iddnifred, the Construdiat Mmoge- shall
Prepare and Periodically update a Project schedule far the Architcel's review, and the Owner's acceptance. life
('alstroction Manage-staff obtain ills Architect's uppatwal for the portion orlbe Prejm, schedule relisting to tile
'lifeof the Architect's services. "lire Project schodule shn11 coordinate and imcgmle (lie (,c osructimn
Manager's services, the Arcniled's "vim, other ()od ansuitanlc' sectacss, mid the Owner responsibilities
mill idnttify items (list mild affect elle Project's limely tsanphdion.'file Updated Pigccl schedule shall include lite
following: submission of the Craurol listimate: thr canponents of the Work; times el'anunrnecmcm and
completion required of each Subcwdractw; ordering and delivery of pr(xiuds, including thasc that nmsl ix ordered
well in adn.ancm of construction; and the Occupancy reluirene.nt+ Of the Ohne..
§ 2.1.4 Phased Construegon
the Construction Manage 41811 provide ramnnundations with regard to accclanlel w rasbtrack scineiuling,
pxnourdncut, w phased colslrudiot. The Consrucdcas Mansigm shall take noun consideration cost reductions, cost
ififwnatio', cmhsr actability, promisialx 1'e' temporary facilitim and pros rrnxnt and c nslrudi(n schoduiing
i%muck.
§ 2.1.5 Preliminary Cost Estimable
§ 2.1.5.1 Basad con the prdimbmary design and othe design wilcria prcpnred by the Ardnitecl. the COn.I,00i on
Manage- shall propufm preliminary estinuum of dm Cost of live War: of the arse orprognou reptircmdus using arc",
volunnc of smiler conceptual mlinathtg techniques fro the: Aretiiteci's inview and Owne's nppunval, Irdle
Arclhilrel or ('wurudiml Manage suggewls ahnnative materials and systems, the <'dhsundieh Manages sliali
provide cosi evaluations Orthose alternative materials and systens.
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§ 2,1.5.2 A, Ihc Aretrirecl paoure..ex with the preparation Of file Schematic D(siun. Design D evelopnnru and
Coutruclica Documents, file Construction Manager shall prepare and update, at appropriate intervals agrcol In by
the Owner. Coast, actions MassagerandArchitect, estimates offile (AW ofthe Work of inarasirlg detail and
refrneme it and allowing for the rarities, developman of the design until aleir rime as else !'onaructitn Manager
arbeliIs a (colrof Iislinralc fox the Work, pursrmnt to Section 2.2. Such estimates shall Is provider) lin the
Aicinu l'c lvvirw and Ihc Owne-'s Approval "
p roval. 1'he Construction Manage- shall infirm file (tuner and Arohiae:t
whon estimates of the ('ext of the Wort "cold lite latest approved Project Iadlgct and make nca+nunondafimu fir
corrta:tive action.
§ 2.1.6 Subcontractors and Suppliers
'Ihc Coles edit®r Malinger sioi (Icvcldq) bidders' interest in The Proje:l.
§ 2.1.71lie Construction Manage shall lrcpare, (by doe Archilecl's review and Ihc Owners acceptance, a
pncartanun schoedule for items that must be orderail well in Advanta of cusstructimr. llle Cmssbucdon Manage
shaft expedite and mmdinate die redoing and delivery of nurerials that must lie orde'cd well in Advance of
construction. if Ibc Owner Agnes To je casee any liens Iris to be Owelay's Approval of tilt Control Uimate, the
Owner shall procure ane items o1 sGnu and conditions acceptable to ihc('ot1slnlGf(m Mange. (lpmn d1c OwmG's
approval of Ihc Control Estimate; tine Own" slali assign all cmnnau fm lhosro irons to he Consrrucdml Manage
rmd the Construction Manager shall thereagct accept responsibility for then.
§ 2.1.9 Extent of ResponsiWlNy
'Ire Coaanne(im) Manages stlalf exercise real nnble care in preparing scholules and cstbnates. the Constructions
MnnAgo, howeve, does 1101 warrant da guaanitc estimates and schedules, including Ibc Co n -W 13stimatc and the
estimated date ofSuhslamiAl Cnexpletimt, cxc1tl as provided in Section 2.2.4.5.11te Construction Manage is nor
required to ascertain that Ihc Drawings and Specificniorsare in Accordance with applicable laws, aaures,
Ordinances, callim, rales anti regulations, or lawful elders of public aelherillea, blit tine (trrlan'ULYImn Manager Strait
pnNnplly m" to the Architect and Owner any nonconformity discovered by or made known to the C'onaruction
Mange all a request fur informetiml in such fotrn as lite Architect easy require.
§ 2.1.9 Notices and Compliance with Laws
I lie ConaruGion Manage shall coanpdy wills applicable laws, Asians. ardtaanres, ticks, Tides and Icgulations. and
lawfid orders of public aulhoilicx Applicable to its pxcf rrnlance under this Couuact. and Willi equal employment
opdmrtunity programs, and raker Irofiranes as may TV rapoirurl by gowxroneunl and quest govcrnmcnml aldleailics
Its incluxior in the Comae ftec inc ls.
§ 2.2 Control Estimate
§ 2.2.1 At a lima• to IV mutually agreed upas by Ihc Owner and the (',instruction Manager aid is cnsulufine will,
Ito As chitct, the Consirutlios Manager shall prolan a Cartrol lialimate Ibr file Owner's review and eccdalncr
a.
'I Control Iistimxfc sit»II ix; tile Aum of ill All Construction Manager's caimale of Ihc C'usl of file Work and Thr
('mufruGims Manager's pet and shall include Ihme itemsar:l fell, hr Section 2.2.4 below. Wiles del(Tart of
Eatimale is neecri a,le to the Owner, file Owner shall acknowledge if ill writing.
§ 2.2.21'he Construction Manage &trail develop and implanau a Cheated system of cosi control that will 1) ilk
the Ownci and Archdllxt Willi Timely in Carnation as l0 doe anticipated Total Cost of the Work. the ctxxf Control
syaem shall content The Coubnl Gsiimale with Wt aeurel cues for aL1iviticN in pope ccs and esiimiitrx fa
unaaopleled ranks and Iroluwel changes. this information stall he reported to The Owner, in writing nn Inter Ihnn
file Construction Mamnger's first Apglicatiol fix I'uymeu and 8111111 be revisel and submitted wish well Applialdoo
for payment.
§ 2.2.3 1b dee extent Thal dile Drawings Anti Slrccificatimu arc anticipated to require lurfhcrdevelopment by Ihc
Architect, the Ceuuueliot Manage .hall provide iu the Control Esfimafe fir arch Cnihcl develonunr ctnsixiau
with the Contract Documents and reasonably inferable Therefrom, 'Such further development dans not include
changes in scope, systems, kinds mild quality of materials. Cnisihes IN equipment, all of uhich. i f (equirel. sinal) Ix
it -to in a revised Conrad Fst inane by muMal Agrcemau of the parties.
§ 2.2.4 'I he Co trol Fstinure shell include
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t }gr�bn ofd. mry r'ewh In ppype edit Faa erlrlrnal p6nslli6i. Ana Tell pot prow ecu!. rot the lima I ",twit undo, aM!e`n.
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Inft.
V-" I
.1 alis' ordhe Drawings and Sped Pcatians, including all Addenda 0racin. and theConditions a'Ihc
Contract;
.2 a list strobe clarilicatiwlx and assumptions sleds by the Construction Manager in Ilse ueepu nliun <If
the Conflol hstinuac, including asxunlplims under Seseliurs 2.2.1, losupplcman Ilse inliumalifrl
permitted by floc 0sw1e and O ntained in lire Drawings and Specifncalimis;
.3 a statfmrnt of the estimated (roll Grow WOrk ogeni%col by hada: culogorics m Symms, allowances.
and Ihc('In"Pucoion Manogcr's Pec;
A the anlicipatcd (fast, oi'Substdmial (hanpletion upas which the ('a1mIl I'srimalc is based. and a
schalule far file issunec rstcs of lite Conslnoctiin Monsoons ulnn which the moicipatel Subnanlial
Completion date relics; stiff
.5 a stnlelnonl as nil whehe or not the duration from the stated dale afannuenecuneO Grill •
Constleclion I'llaw to Ole estimated dole OI'Suhstanlial Ceanpdeion shall henm, thr('nnlract'1 tons.
and ire suhiecl 111 the provisions of At licit g of A201-2007.
Q 2.2.5111e ()Wr0.r shall audnniru the Ardnitecl to Incorporate die agr«d-aper asmm�laions and clurifirminns
Cdnleinlsl in tlnc(•onsxO l?stimafe. -ILe Owner shall promptly furnish lhssc revisal Drawings slid Specifications to
the Constrl7aion Manage as they telt revisel.'Ilse (""grueiiao Manager shall noisily the Uwnastill Archinee3 of
any inconsislancim bawooti the Cintrel lislimale and the revised Drawings and Spocifteafions.
Q 2.3 conetruclion Phase
IQ 2,3.1 God" In addition 10 the Construction Mall"a rt Services set forth in the Proposal dated &9117, the
Cotntrucdon Phase shall Include the hollowing:
§ 2.3.1.1 Not purposes of Section N. d.2 of A201- 2007, Ilse date of enenmer cement odlhc Work slail nam the date
ofeanmmc ntnl of the Ctnstnlclion Phase.
§ 2.3.1.21oe Casstruction INiasc stmt) rAnunahex upon One Oama•s approval of Om Conuol lisitmatc or the
Owe's issuance of Notice to Priaxcl, whichever Occurs earlier,
§ 2.3.1.3 Wine hl] ennnunexnniht of file Canna union Phsse, the ('satslruGial Manage shall not incur any cast to lie
reimbursed as Inst of the Cnst of Ila Work.
Q 2.3.2Adminlstradon
§ 2.3.2.1 'loose Purl tons of tile Work that rhe Construction Manager docs of us custonmily Iret ti>nn with file
('onstruetian Manager's mal Permitted shall be Deadened under subconhncls Or by other algrrolniaic legreonnus
will] the Carsilucrinn Manage. The Owner may designate gxcitic Iwrsons rias wheat, a" anitics from which, the
Censtructiorl Manager shall Obtain hids; • be Conuruction Manager shall obtain bids from Sutcnnlreaors and lean
Wl)i)lies Of rnalertels.11 epuipnncrd fall icatel cailecially for file Rork and sitall deliver such bids it, file Ardrited.
llle Owner shall Thal determine, with the advice of tlneColenuction Manage mid IlicArchitea, whidh bids will he
aceepieA.'fhe Canstnlclion Manage- shall "al be required to contract with anyone to whom the Canwructirm
Manages Itss raeasahable obiceliem.
§ 2.3.2.2 Subcontracts oa aha Ugrecluens shall earhsnn to Ilse applicable payrncul provisions Of this AgrcenwhL.
and shall no be awardeff ell One basis urcelst plus a fa: wilhoul Ilse prim uasstell of the Oona. If Ilse Suhnnlmct is
awarded an a and -plus a fee basis, Poe Construction Manages shall provide in the Sulicanitnci fie lite Owner to
roccive the sane audit rights with rived to the subcontractor as file Owns receives with regard to dile <'anstruetion
Manage in Section 6.11 Irrlow.
§ 2,3.2.3 If the 1 onsh lesion Mnnagar rcconnncnds a sloccific bidder does nsay be considered d ^,cloned p;aty"
according In Sections 6. 10, Then fine (2nslrutnion Manage shall l"multily naify the Ower in writing of sodh
relationship and naify, the Owns of the ytcei tic nature of the cauongOaloxi transsction, according to Sectiah 6.10.2.
§ 2.3.2.411he Commutes into Mousse shall schedule and conduct mcdings to dthwai s such mattes as priuxxlurea,
progress• cuordinatimn, scheduling. and status Orthe• Work. The ('constructionsManagcr shelf reciter' and pnnnyaly
distribute minutes to file Ower and Archie:l.
AIA Distillations At.ti"' -zwe jrerm.ny n19t"'eMe- »osis cgydetaa 19". 2003 am 2000 brtw amariewf e+slawo of aoluocls. Ni rgMr nwnod.
wAnaaO- rid; MA' 9ac.:n,art1 le ¢.guessed b¢ U.a ':apr:inl+F L91: And inle+tifl�Ta! iieai:#r; aniWlgttcea rypreu':Kf+>•:.,, afiN+NyIA�:YF tale AlA'
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War Nalae:
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§ 2.3.2.5llPon IIIc Owner's approval uf111 ('unuol listinate, the ('onuruetiat Manager shall prclarc and wbnnit m
the Owner and Architect a cousulleltol Selledule lir fire Work nett submittal .Indole in aecordltncc with Sat ion
3.10 of A201 2007.
§ 24.2.61 Ile Crusrucl jolt Manager shall lea" the In'ngres. Uf IIIL• P1V)at, Ona monthly baxix, qr aherWixe aN
agreed to by the Owner, tar CahsII'urdlou Mmvmger shall submit tvrittar lengrus regrets (0111e Owuesand Architect,
showing lacrtttnagce nl'anupldiah and nth, iui'mara h), iaptired by the Owna. "llm Consiruainn Manger stall
also keep, and make available Io tic Omla and Archilcd, a daily hag cornatning a remold for each day of wcahm.
laalions ofthe Work in progru,., nundnr of workers of site, idmnifoealion crequipmau at site, ry ollmns that
might afloat Prngresx of the Wark, accidcnns, injuries, tad ulhcr infcrrnalion required by the Owner.
§ 2A Protesslonal Sarvlces
Basion 3.12.10 of A201 -2007shall apply roIwah the Preenlntructiar and Construction masa:.
§ 2.61kiaaatdous Materials
Section 10.3 of A201-2007.Mull apply m bah he Ih'ermnN6trGllxl olnd Ctmslnaaion mnascs.
2.h N corm ince and Irayman Oon iN
C(msituation Manager shall obtain payment and Patamauc: bonds from all Subcontractors for I OXY'/. of the mist of
their work in accordance with Article 11 of Ills A7.01 General Cohdh tau Construction Menages shall nes !le
required to obtain a purfalnance awl imynvnt hold us it is not wit-perfaming any conaruaiarrclatal wok. 'lite
Subcontractors payromu and performante lands shall name the (hurter as dual Obligcc,
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.t lnfonnatlon and Services Required of the Owner
§ 3,1.1 rhe OWtra shnll provide infin7uatiorr with nresomblr prrnnlrneas, regarditg requirtrnents for end fimitatic0s
Oft the Project. including a written Irogmm which shall sm ONtb the Ow1rer's ohjalivcs, constraints, and criteria,
includinglity an le, space irenrents. and relationships, flexibility told expandability. SINxial aluipincnt, systems.
susiainahility and site rcynir,nmtts.
fNNlvgrrpd Vo/Nodi
§ 3.1.3711c Owner shall auablish and Ira iolically updan.' the Owner's budget Ino the Project, including (1) tar
budget for the Cost of the Work ns defined in Scahm G. L h (2) the Osma•'s other casts, and (3) reasonable
contingencies related 10 all of lhecc vests. I -lite Owner Nigai6amlly increases or decreases the Owner's Inulga nix
the Cor of the Work, the (oris sit all notify the ('rnrstructiun Manager and Archited.'J Ile Owner and the Arddg. l l
in cansultatiar with the Constnalion Manages, snail therea0a agree to a corresponding change in the budget fa the
com or the Work or in the Project's st;gm and quality.
§ 3.1A Structural and Etivlronmentel Teets, Surveys and Repave. luring lite 1'reccustruclion Phase, the Own, sail
fumiill file following information lir wrvices with rmisamble IN'anptoftm The Owner stall elm fu1 ray ohm
inftrmation or tervices ander file Owner's canlrld slid relevant to the Construction Manager's performance of the
Work with two soable prrnnpmem a0a Ice wing the Cahstmclion Manager's wrillen request Por such in liamuliot
or services. The Catstmaion Manager shall be entitled Io rely on the accmncy of informatian and services furnishes
by the Owner bill stall MetaW ImPer Ihramnions relating to Ilse sato pnrfornunrce of the Work.
§ 3.11.4,11 'lite Owner s1ha11 (umist testa. inspect IMIN null It1 ats'rcquirat by law and as rahawise agreed to by the
Iatric., such as srucwtNl, ma uilical, nod dientical tats, Itxls faall and wales pollution, and laa% fin hnrardrm<
materials.
§ 3.1,4.2 the Owna'slall funnisn sol veyx dcsurilaing Itlysical chamclerisdcs. legal limitations and utility localina
fa the site orthe Irrryeel, and a legal description of the site. the sat wys and legal inf ravoion deall include, as
applicable, gradca slid lines of slicers, alleys, pavements and adjoining prolmtyand structures; designated wetland,;
adjacent drninage; rights-of-w;hy, restrictions, <asemmtls, macrcachmrnts, zoning, Iced rtcsiriaitms, banufniw and
contours of the site; locations, dimalshms still nccetsary dam will'respect to existing buildings, other it
mid trees; and infill 111116011 concerning available utility smvictx anti linprov,nenr,
es, txah public slid privates, about old otter
grade, including iuvtTtstnd depths. All Ilio iufanatian a the survey Shell lac mlerencal to a Project benchmark.
AIA Document Arae^'-IDea tmmM Mal- M�01999. aas3..09aoS Tho Ameaanlnrfa
Intl. ( YAtt "'CMc- 1 M1y ubootArchxocu.MrpM1n reeervuL..
wAn6altlC fhfr AhA, oo I R.
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U[er Neaps:
(It9aattnat)
§ 3.1.4.3 The Owner, what slich service;,rc requested, shall iilrlrlxti tierVitexof 6'nInCCIrIllcai wlgilrrrs, ivi11ch play
include llu arc na limited to Its( borings, lua pits, deer ininalions or snit hearing values, percoladoll tea,
evalamlions of hazAldois materials, seismic evrdualion, grand corrnsiot Icsts and Imislivily (Ods, inclwling
necessary emotions fur milicilwling subsoil cndilimw, with written repoas and appropriate moornmendmiwta
'File paries frlhe agree that Ownsis relying Upon ole ('oatruefion Malaga Ind the Archilerll to define alio
xp)pl'upl'!we 4Alhl' bf tilt nep'xsary geWlLYhnfcel 111 (UrinNllal aril int' f'alsll'licfiml Mallage' Iheretem froely warecs
any right it may have under file Illinois Pabl is Constitution Con Piaci Ara of 1999Instill) the progMs of the work.
'Ile toll estimates will include a reasonable contingency for conditions arwunla'al that diffa materially from lire
gertxhnical infwriatiwl. Any unused portion Ofthc caringency will be refonled to the Owner. IhWsfs
associated with the rernedial work exceed lite arningmrcy, the Owner will nuke an equitable adjustment n and
modify life canna in writing.
§ 3.1.4.4 During Ore Construction Phase, the Owna'shrill iiinush infnnnliwn or services required of the (Owner by
the (imaael Doeone is with wasoraMe prompuuss. The (huller shall also funridl anywho infrrmatim or services
Under life Owner's antral and relevant lo file Cbnsiruwion M11111190 '-% Perlirmarcc of file Work with reasamMc
irompfncss after receiving life CortUrt (iw Manager's written mluem for with infornwiiaf or advice.
§ 32 Owner's Designated Representative
Tile Owner almil identify a rgxm4dUlive aobo Mel an as to, beindroribe. Owner with repeet to the Project. The
Owarer's repiesentalive sholl reader decisions pi onplly and (mill Infimnaticn exPalitiOUsly, stn as to avoid
unreasonuble delay in the services w Work of the Cohsboaiol Manage. Hxc4grl ax otherwise provided in Section
4.2.1 of A201-2007, the Antlileot does not have s'fich authority. *the term "Owns" means the Owner or the
Owner's authorized represenlalive.
§ 32.1 Legal Requlramsids.'ihe Owner shell diirnisir all Igtal, insurance mid accohmthlg services, including auditing
surview, that may be reasonably necessary al any time for the Project un mea Oie Owner's foals and interests,
§ 3,3Archited
a'Ine Owna shall retain on Arehlloet to provitic ser vials, duties, Rod resparsibililius as describe! in AIA Doaimeru
13133TN-2014, Standard Form of Agrecnnad Between Owner and Architect. Consnuclimr Manager as Cangruao
rditio n. Tiro Owsla shall Iruvide the Consfrmiiun h4nnagcr a egly of the cseculal alp'aaneN between The Owoa
and the Archilect, and any fortnr modifncafians In the agrarmcnl.
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
§ 4.1 Compensation
§ 4.1.1 For the (.UrUjrliaiwl Manager's I'1'er:rnlsnvoiew Igtase services, file Owna xdhall cwnpcnsele five
COUNT retial Manager its follows:
§ 4.1.2 for lbeCwnsiruaioa Manager's Pfea111V1'lllaion Phase services descrilVol in Scelinns 2.1 and 2.2:
Ouvei'r oulolellOf, or bovis fin; eoN i,....rlrwoi'lien inviluk• rr /l.Y! IIP lYti/I!l1lllTuklr• rnv ileflc, nv u/Y'frcnh/(c)
A lunyp sum fix of 54.900.00
§ 4.L3 U'the PraxlnsUlrclirrh !'base sa'viceN awertd by this Agi ceined have not been canlplaal within twelve
12 1 mu ills of the date of this Agreement. Ihumglh nu fault of the Construction Manager, the Cwlstruction
Manager's mmpen9ulimh fir Preeaaslnaaion Phase survices shall Ir apirably adjusted.
§ 414 Clmnpens'altcn leased of Direct Pa800110 FATiense inclodes file dirau salaries of the construction Manager's
pelsomc providing PraWnarlreliwr phase services and fine ('ansirucliah M olagts's Costa for lite mandatory will
cusfoofary contributions and lhcmchis related Ihcv'cto, such ns anploymcml Imes and alur Military employee
henefis, insurance, sick leave, holidays, vacati)ns• anployax «tirancilt plans and sf nil; contribulionx
§ 4.2 Payments
§ 4.2.1 l lolccs otherwise agreed. paynhans for services shall Inc made monthly in Irtlpnniwh lin services pe, iol low
§4.2.2 Payments arc duo and payable
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lYaromenr; Asay part,en or n. may sellar ref xavzre rW'.'. aha tnm:ntl fan Wks ¢lid ant fm pzas.<urad M Ma mdt,ntwer: aefaet 9udrltaa a�dar tM law. S
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sere Notes:
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in accordance will' the Local 00ve Unctn Momill Payincol Act,
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 Pau the Cmtstrudiat Mattngcr's PcrRxntane+of the Work as elturibed in Section 23, the. . ownee shall Icy rhe
('"nstnation Managerthe Caltracl Sum in uurall Ihnd fin 1111 ('ona"•uai<n Manageu''s perlinmarim orrhe
Cruller d. The Contract Sul" is the 0i'l of rhe Work as definal in Section 6.1.1 plus du Construction Kinager's
I ce.
§ 5.1.1 the ('anslructiol Mmllega's I--ce:
(Pnrxegrxr/rlr dolr�lrrU
3.11% of the Cast of the Work fire, general occrbead slid luofit plop 0.75% of Ibe Cosi of tile. Work tier Conslnaaion
Manager's standard General Liability insurance covangc.
§ 5.1.21he mcihal ofadjustment of the Constraclimt Manager's Pec fir cha ngtx in die Work;
'lbv Conantclimt Manager's for ftr gtrlwat oveit0ad ami profit shall be fixed as a lump sum At the time
Subcontrado' bids are Approved by the Owner. the Cotstivdiem Manager's 1111111) sum Ira+ fa' general ovwhcad
and loath will 1101 change with change in lite Work unless the,unndnive value of the dtxngcs in the Work exceeds
15% of the C'asl of the Work Al the time the fee was calculated.
§ 5.1.3 Limitations, if any, on a SubeonlmGor's overhead and Proril for inwcases in the cost of its potion of the
Work:
Construction Manage sinal) ncgmdalc. rraRalable Suttwntraaor- overhead and prolh utark up fin increases in the east
of irs portion of the Work.
§ 5.1.4 Roual rates fix Coneinlclion Managa'•owmed equipment '41,111 not exceed etc hundred and five percent
105 %) of the standard rate paid at file place of the "reject.
§ 5.1.5 Unit prices, if any;
(Pampuphs rlekvrtt)
('liuhle delefeal)
N/A
§ 5.2 Changes in the Work
§ 5.2.1 The Owncr may, without invalidating Ihc Cunimet, older cluntgcs in the Work within the general saps of
the Contract consisting of additions, delellots o, dile, revisions. 'line Owum sfiall issue Rich changes in wrifing.l'he
Arehitcef may make minor changt q in the Work as l)roAM] in Sexli(n 7.4 ol'AIA I)(wuntare A201-2007, Gmeral
('andilions of the, ('adtacl fm' (,Onslruction. The Cour talion Manager shall he entitled In an cquitablc adjusimem
in the Contract'1'inlc as a result ofehanbcK in the Work. 1'he C onstroeliat Mntagcr Shall incorporate all changes in
the Work and ('antral all limo as separetc entries in the (iotrol I?- intoe.
§ 5.2.2 Increased costs feu the nuns sen f(rth in Sedition; 6.1 du ongh 6.7 don resole fu met dmngea in lite Work site]]
teccouue hart of file Cma of the Werk, and the Cmoxtn elion Manager's Pc• shall IV adjuslcel as provided in Section
5.1.2.
§ 5.2.3 If ilie ('nntrucdot Manager rccrives any Drawings, Speediest ions, mlap,clarirns n, inseruaimts lianl the
Owner or Archilmy which are inconsislerl will' the Comrred fka:unncats, or encounters unamicipated eaieldtielts,
any of which will oN dI in a signlf ictun change in the Cmi of tltc work in estimated dale ol'Subslnldal Canplelion
in comparison with tire Control 1; Uncle, Ihc Catstrudion Manage' shall Prmnpfiy nnlify the (liner and Ardlited
in writing and shell Unit proaxcel with Ihc, a1Tw(ed Weak unfit the. Consuvction Manager rcacivcs liutltcr osit(en
also ucba1,s front file Owner and Architect.
§ 5.2.41fno specific provision is marl, it, Seclion 5.1.2 fm' adjustrne i ofan, ('orunrclion Maneger h hero in Ihc
MW of charges in the Work, ter Wool, extern of Ruch changes is such, in fire aggregate, that application of Ihc
adjustment provision of Seelint 5.1.2 will cause KohnHolial i icvluity In Ihc owner or Cotstrudial Manage,, die
kaL W"Urtir 11 . Ale -20pa (Ior4 rt( ,,W beUSCM CoPygMg lagq' 203 ball 3aoa by The Amarknn lnsa101.0 A—mh1h ft. Aa hts nrimma.
�ry^ wueaarc rlFts AIA' .:rxun»nt fit),ra1b(.SgfS bgUa CgtyrryM laq areelnrl1,t@ibab(t1.lint.Gne.:thetyya ,pP,p,fyea0.A 1,e tl{a(NWnond ehe, u*"
`Y DKLrngry. �y pay f+xa.4{uN pr h. Rity C1){Rel In lYJglp¢,ya ynq GiminYl Pr�tUaaa. iia wm Ue l.:cbAf Ulbj k.,tF.ym6/itrtUin fYlYat YSpBlGrfiartQpx PAG tpp g
v a i1iaotnn� aPraiaaatl bYAlA soflwem a11a 77Aa on li/3a12617 wnk,,on,,,N-000*04iii I vNcvavkos an IlmoUta", anyknq rmmnab.
User Notes:
(1t0091araA)
Consultation M:amgo"N frac shall he elullably adjusted on Ilk 131111111,4111111 MIs used to establish the Fce for file
Work.
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 Coats to Be Reimbursed
§ 6.1.1 Tile le In (Tait of the work %hall nnam costs narossarily incmnid by Ibe ConaUvclion Manager in the )sopa
perfwurmser of die Work. Such costs shall be at mics nol higher don tile standard paid at the place of the 11rajcel
csccpl Willi print consent of the Owner, the ('rel (If'tile Wnrk aball inclale only the items sx.l fralh in Semon. 6.1
through G.7. The term "('oat ut'the Work" shall mean costs necessarily incurred by the Construction Manager in
the prrgrer perl'oananec of the Work. Such a)sts Sball beat rale, For labor ns repulred aide the Illinois Prcv4iliug
Wage Aet as nppiicablc to the pleat ol'thc Prgat, mid ailall be o rales nix all eller Rents niton are no higher than
Ilmsc cusionarily paid of the plane of the Pil 1, except by iwiuen prior cxoent of the (unlet. If re loosled by the
Omar, Construction Mnaager roust submit with its Application IN Payment.. - in addilian to all other docboncuts
repaired by the General Coiditions--phoforwpies of(heactual invoices in expense hills directly attributable to the
Project which tiro Cana'ucliat Malragaw claims as part of the "Cast of the Work."
§ 6.12 Where any east is sobjcd to the Omen's pain' apgaowl, file C'anta velimn Manager shall chain dnisapinoval
paior to incurring the cost.
§ 6.2 Labor Costs
§ 6.2.1 Wages ofcra ift-up io! Makers directly employed by the Cm,Mructian Manager to perform doe eolsnnclion
or the Work at the site Or, will the (laser's Oar approval, at off -silo woks ot)s.
§ 6.2.2 Wages or aadarics of the ( Txrsiruclion Managor's supervisory and administrative pelsonncl whoa 4Eetionod m
the site with ther
e Own's ixior npquvval.
(f It it hirenrhvi tlltrl the iorgey ar salmdcs i flvivaill /lelangllCl a/u/hnNYl al rhe LanwITI'lion "Istagtl' X lit inL'lind
nr other oj)fao al4111 be hrc•hirled in the Cwv of the Want, itkathe ie salient/ /..1. the peasuln e/ it, lx inclor/tvl.
Wipther%r allen. null+/nlyv grra
lheirvinte, d the inns at which their riot tall ix• ehalgOd In Nit Hix#.)
§ 62.5 Wager and salaries of the Construction Manage's snlxrvisory or sdmintstratieu pasuurd angagel at
fadoriex, wakaheyrs tar the road, m' al the ('onstncetimr Manager's pnlvnuipnl nHicc in
"Incl
amt ecil at linlr.
the Walk and the paxdueimn or Iranspalation ornrala ials or ryuipmrni repuirnl fill (lie Wok. Ian curly flu- Ilan
Ina tiro of ibeir time required for the Wolk.
§ 6.2.4 Costs paid a- incurred by lite C'orstlocih n Manager fm' turas, insurance, wntrtaxllions, asseasmaols and
bench is required by law or collective Ixa'gaining agrec111enN and, fa- personnel not eovowl by such NgrcCmclrbS
customary heneftls such as sick heave, medical and heabh benefit%, holidays, vacations and liensialns, provided such
cans are based on Wagev and salaries included in lite ('ns of the Wok tarda Sections G.2, q through 6.23.
§ 6.2.6 Bonuses. gaortt staring, tncaniyv compensation end any other distire ii.(mary payrnens paid ill anyone hired
by the ('onSbvctimn Manager to IInid to Puy Subeunimeta' at vendor, with the oMnv's gnira apdaoval.
§ 6.9 Subcontract Costs
Payonctus mark by the Construcl ion Manager Io Subcontractors in accordance will, the Iequireman, of the
siliu;oumes.
§ 6.4 Coats of Mateda)s and Equipment Incorporated In the Completed Construction
§ 6.4.1 ('as1N. including it mniuuia,ion and storage, oronaictials and equipmerl incorporated of to Ire incorporated in
the compieell oamstrudion,
§ 6.4.2 Casts of materials dew, ib d in lite preceding Sed iml 6.4. I to excess Ort 1104C ad iron fly hisla fled to allow IIs
reasonable waste mid spoilage. I hwsel excess materials, if any, shall become file Chma"property at the
armpleliou of lite Work IN,. at the Owner's option. sfiadI be sold by the (Tnslr,rctien Manager. Any amoaus realized
Roos such sales shall be credited to lite Owner as as deduction Than the Cost ol'the work
Incl, — vu—P& A144- - MnP 11mm4ny A131 -CMC -2003). Copyt0M 91034, 2003aM 2000 byTM Arnoacan lrMnub or Ar4hMcn.AYrlaMar4srvad.-
WxliraxG It.,. x;/:° eo a a .M protj,, by U$ CaayeS{jflf Liffe eh.y lat4rhanon4l vto rias tjh.1hww—` eprnG:n:ltch tt u;xinwnp.e NIM, MA`
TWdsosi.ptwxM0dWdb Tay 6va;n MfYM Ci4a A.'IQE+{i+,ihNpMykN9. an4 �s111..y0ptexKUra4ln tTl lrR4Mruin 4 o"'t p IlNe4Mgr lh.lxW 10
♦N- r us.dotes. lwax Menaces byAU aoMam iA l3 ir:d3a;1i/3W201I onset ONer No.r10B04050301whkilogare5 an 12N1IN11], elq lr moor leMb
@r Unr Nolen:
p160018)631
§ B,5Cos19 of Other Materials and Equipment Temporary Facilities and Related Items
§ &&1 Costs of lmnspatalian, silage; insiallalinn, numntemgce, dismmlllinganArcmnoval ol'mataials, Bupplics,
lanpxowy facilities, mudtinoa y, cquipmctu and hand tools nm cusionlertly owned by coisruaion workers that arc
provided by the Cono'udion Manager :d rbe site and Rdly Committed in the pafonwnce of the Work. Costs of
malerialr:, suppfics, to ipwl:any facilities. machinery, equipment and tools that are not Iblly consigned shall he Imsed
on,be cost or value orthe iteul at the lisle it iA ON used on the Project site less tile value of the ileo "ill it l
i.,
)(also ' used m file Ih'ojacl site. Costs for itenns nam filly consurned by file Ccatametian Mralaga 41911 11M lith
to
market mime.
§ 6.5.2 Ramal cturges fir lcngxmmy Rtcilhics, nnachinery, equipment and hand fools no cuslanyily owned by
construction workers Ilial are provided by the. Caniruclial Manage at the sire and costs orrauspeimum,
installation, mime repairs, dismantling and temovul. The heap relief cost of any Canstruelifw Manager-mvncyl itan
may not exceed the purchase price at' ally comparable item. Roles of C.mnstntciion Ma)aga-mined lquipmnt and
quantities of aluipmcrt doll Ix: SUNG N In the Owner's prior spill oval.
§ &S.3 Costs ol'ranowd of debris fi-on' Inc. site al'Ifle Work and ids proper and legal dispasnl,
§ 6.5A Caws of document reproductions, faesimile Imnsinissitws and long-distance 1cr,7tlrmrc rolls, prntage and
parcel delivery charges, julep hone eavice all dao side and reasonable pa(y cash expenses of the. silc nfflw.
§ 6.6,5 Thal portion of ibe rcasomahlc cxpe "n or the ('ontmctiom Malasa's s p el visory o adnnnciral ive
personnel incurred while traveling in discharge of duties anmceted will, the Work.
§ 6.5.6 Costs of nwlerials and aluipnent suitably stored off ilne site at it mutually accepmable Irxnition, subject to the.
Owner's prior approval.
§ 6.6611etxllalleous cow
§
11&1 Pfemiunn fir chat portion orinsurance slid lends roquired by ncc Contmcl Uocunhaus Thal On he dimply
Attributal to rills Conten. Sclf-insurance fur either full a pmtial amounts ofrhe ahverages rcpiired by the Contrgc(
i)MUMCH > with fix• Owoc's prior approval.
§ 6.6.2 Sales, use is similar luxes imposed by a govannheDal aulhu itv that At rclwed it, the Wink and lin which
the Cons(ructioh Manage is liable.
§ 6.6.3 Pecs gild assessmcnds for Ihe building Iscituh old to- oiler permits, liters" and inspections fowhich the
(onstrudian Manager is squired by eo Contract I)rrumcnts, m pay.
§ 6.6.4 Fee's of IAlxratmies Its tests required by Ihe C Ywtrsel Docunonls, oxccpl those related to Ad'edivc or
nonconforming Work fir 1Whilth rcinhlwt•xmaa is cxeludof by Staim, 13.5.7 of AIA Document A201 2(X)7 0 by
mha' provision orihc C Cant -Ra Documents, mid which do not fall within tine Ncope ufSecliou 6.7.7.
§ 6.6.5 Royalties old fico toe fees pwid Rlr file lige oda particular design, provess rr product required by he (+wtalCi
Documents; the ahw orllefending suits o claims &x infringement of palati rights arising from anch rcquirenrenl of
Ihe ('ontrget Do im"alls, and paymalts "talk in accordance with legal judgmans against the C'oniruetiow Manage
resulting front) Buell suits or claims slid payincgls orscttholeras made with the Owma's cxlpml. I Imw+va. such
costs of legal defenses, judgauTms and wIllcnenls Shall not be included in the calculation of tile (*otstruci vin
hAannga's lax. If such royalties, firs and chis air excluded by file last sentence of Sectio) 3.17 of AIA Do+unhanl
A201-2017 or olhcr pwovisiais of the ('odraa Ihuumams, dual they shall not fx included in the ('<tu of ale Wa•k.
§ 6.6.6 Crisis for clamtmic nplipmull and snliware, directly related to fisc Work with the OtwiWN prior approlml.
§ 6.6.7 Ikprosils lost fir cgusrs ahcr Ihnu the ('atstruclial Mnnlrsa's negliga)ce lir failuro 10 lidlill n spxci6e
responsibility in enc Codract Docu nen(s.
§ 6.6.8 f.cgxl, nuxtiatiou and arbilrmiah costs, including gooneys' foes, cilia than those wising front disputes
helweah the Owner mid C'ohstruction Manage. reasonably incurred by file Gmharuc(iah Malaga ace Uhe exatgion
,.....-.wspmaxnY ATJ,•^Cede-2aDJ. - ---.._.a' Am_,...._&AV rights
_
nit. wARNSa(r- rnta AtA` rru.:«mam ti ) a N 19ai 200J en0 2Da90Y Toe AmarIGA I,waui0 of ArchaOcla. Aa slab rorewea
UxvmxM. M xn y Y:ur6,:1 W try U a coq':k1:f r ¢.e yhtl a:.:,+naa«t.1 tCMni4a UW(hGA:!a6 e4 (16ucUo., m 4;nUiM,O+pt thhx AtA•'
Totkdmum waspwdae by AIAwftwor0m 13,:1143o„raa2oiY qw OM.,No.eM4a59aa, 1t waleh � t� sata+npar.axta onapr the tt» 1
user Nodes: xvNacm,zro1/2017. nr,O lr MlwheWO.
(1101910763)
of Ibis Agreement ht the perlhrmsnec of file Work and undo, the Owna's Prior approval, which shall moa IV
unrcasmeGly %fihheld.
§ 6.6.9 Subiw In Idle Owncr'v Irin sppnnsd. exposes 41111,,111 in accadan(e %Will the Construction Manail
standard written lraunnel lialicy for relocation slid lenpovary living allnwmiea; oflho Caastrucian Manager's
Imsaxtel raluited for the Wok.
§ 0.7 Other Costs and Emergencies
Q 6.71 Other cows incurred! in alit perlornlsncc of the Work if and a) the expert, approved in advance in miring by
the Owner.
§ 6.7.2 Ooxsts incurred in taking silo), it, lurscrn Ihn:aenxt d:unage, inprry or Ins, in case of an cm
aag(3icy
Renimg the safety of pasnns and pralxv(Y. as INIM(led in Section 10.4 of AIA Daaiment A201- 2007.
§ 6.7.3 ('MIS of repairing aowrrmling elamagal or nmcarlbrming Work executed by the Can"ruciiorl Manager,
Sulx»ntraems or suplrlins, provided thal -slid, (lamagot of narconlfarming Wank xas not ceased by negligence in
failure to fulfill a specific resaxais4bility of the C'auooraian Monager and only to the afar that the call of repair lir
correction is not recovered by (he Crr,aructia, Mmnga hrrn insvrooe, sure ia:, SubconlreoaK, suppliar, (x
others
§ 6.7,{'I'hc arses (ksaibrxl in Sedion-s 6. I Ihrohgb 6.7 "all be included in the Call of the Wa k nawithgandnrg
any provision of AIA Document A201.2007 or ache ('aididons of the Caurac( which may require the
('a,"ruction Manager to fatysvch oxxux, soles such rostsarecxcludal by Ibe Pravivions of Seelion 6.6.
§ 6,6 CWS Not to Be Relmbursed
§ 6.6.1111e Cost tribe Work And nal include the items lislal below;
A Salaries and aha' cmnpensvliai of the COII"rYal(n Manager's paxamel slntiuoc'tl at the
Cern"maiah Manager's principal of iee or olrrcev other than die she omow, cxcepl as specifically
Provided in Section 6.2, a as may Ire Provided in Article 11;
.2 Lrxpa,asr of the Con"ntction Mmaager's p•incipsl allies and lima's otherPhan the site optics;
.3 Ovalloreol and grneal rxpcnscs. exerla ax any to <xlxessly induced in 5ariols G.I through 6.7:
A the Cautruction Manager's enp{nl exp O.M'. including haeresl at the (onstruction Manp'.
capital employed for file Work;
.6 fixrgrt as Providcxl in Smtino 6.7.1 of this Agrooneat, costs due to live negligence lir failure of lbc•.
Ctm"ruaiau Manager, Subanbaclors and suPlrlierN ru anyone directly at indirectly employed by any
Of them or for whose acts any of them may be liable to fulfill a specific responsibtddy ordle ((nlmCt(
.6 Any cold not sPn;ifically and ntgrxsly ticscribo d in Sediors 6.1 thnmgh 6.7; still
.7 Casts for services incurred during the Pnxxnstruclio, phase.
§ 6.0 Diecomds, Rebates and Refunds
§ 6.91 ('ash discounts obdainel On pnysneas made by the Conshoctioi Manoger shall Accrue to the Owns, if(l)
before making die Paynlen(, the Carslruaiot Manager included then in au Application fir Paynreo( and receival
Payrneul front the Oxntay or (2) die Owuer has ttcpnsital funds o4th the Con"niCtion Manage' with which to nmke
Iwymans; uthmwine, cash discounts, stall accrue to the ('e1"rlrc(iar Manager. Trade diseamds, rebates. refbnds and
amounts reoxdvrxl frau wl&c ol'xw•plue nnieials mid etu$mm•m 41011 see' Ile to live 0%rorr. mid the CorsmrAion
Manager well make drovisioiS so that they an Inc obtained.
§ 6.9.2 Amounts that seaticW the O was in acxordsna+ will the postisi(ns of Scctiwl 6.9.1 sled Ira crnlilel to the
Owner as a deduction from the (roll ol'the. Work.
§ 6.101hekted Parry 7reneac0orle
§ 6.10.1 for pxllls,»cs orsection G. 10, the tam "rc
entity having common falat pnoy" shelf "real'0 )meat. Sulxsidiary, a0iliatc lir atha
ownerslvipor nrmragencnl 114th the Con"ruction Manage'; any tinily in which any
stoekholde in. a' managcrnml employee ol; file ('moil uatian Mintage, owns any intoe" in excess often paean is
The aggrcgaic; to may Person or catily which has the right to eanrol the bullies or affairs of the Consirueien
Manago. 111c icon "related Pat1)r' inclol(s any member of the inmxdime fhtlailY array Person identified above.
lope. W(ratara3. tAta AAA" xwap«mray 0131`"CMc-8003). CtpyagnQ 1r90,Tf - ia090 Tip Ad ,__ '—'^—•
can+ (--matt is PMnet" 0y u.4 co,,Mw t aw oral lnranahrs;ar r,eHw iMautlw.Fso-a OUNd .1dt'h1 rlehre i&,n Aa,
iw."r sell prdwdra,lA"wR uaa.13173., ane e.:ntna� citroa. cadwin cP!u+r<res4h o.tiWnyaWr, at,k:a kin`
(moi Thk pppoist: was Pralufal byAlA eo0wuo n119'ly 113 w.1r/30tGt1q uudorOMo, No ckw01(as12017 two
is bk lima merxi. 1Z
v USOr'NpI88: aeasaass3s_twhld.a.(Yras fx•r2a)iriat].anP is rd rgp88tp
(11000167&9)
§ 6.10.2 If any Mdse costs to be ruimburscd arise lion a ratocnetimh Ixtwccn the Constmction Manages• and a
related party, file Construction Manger shall amity, the owner ofllle specific native oflhe contemplated
vnnutdion, inchaing the identity of the related parry and fine anticipoaral eat ltd be incurred, befi is any such
fnamwlimr isconsnmmated or cast incun'el. If the. Owns, alter smdn nMifucadao, aalborizes(Ile prorne-d
loraill aim, Ibcm the cost incurred shall be included as est nil Ire reimhurstd, still file Construction Mang" Sall
immure tiro Wmk, utpuipincat, goods lir novice roil, thcrelolel party, as a sub olant rat, according to the!"tns of
Scoims 2..1.2.1, 2.3,2.2 and 2.1.2.3. If tlrc owllefails to authorize the Ilans tclion, file Construction Menage shall
praura tlne Work, oquipxnml, goals or soviw frmm anile lws(vl rn cnlity ether [him a rclnlod hotly aouadhng in
the urnns of Sections 2.1.2.1, 2.3.2.2 and 2.1.2.3.
§ 6.11 Accoundrig Records
'I)lo Construction Manage dial! ken) NN and detailed records and accnlals related to life cos! of fife Work and
exercise such controls as may be necessary far proper Financia( management under this C ontmel and to substantiate
nil costs incurred.'Ihe accounting ad em "d sysons shall be sat Mackay r) die ownms 111c Owns and the
Owner's auditors shall, during regular business hours slid Moan reasonable notice, be afforded access to, and shall be
permitted to audit and copy, the. Conslmetion Manager records and aoxwms, including complete documentation
supporting naounting entries, books, eonuspcldencc, instructions, drawings, receipts, subcontracts. Subcontractor's
proposals, purchase orders, vmchers, memoranda and other date retailing to this ('mlract. the Consinction
Manger shall preserve these records fm a p"icl o f Ihrm years aflefinal pnymcml, or for nidi longer period as may
Ile repined by law.
ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 7.1 Progress Payments
§ 7.1.1 !lased upon Applicadons for Payment submided to the Architect by the (-instruction Manager and
Celifrcalux far Payment issued by the Architect, file owner %hall make progress payments ch account Orlin,
Ccured Sum to the Construction Manager as provided below and clsrwherc in the (bnfracl Documents.
§ 7.1.21he pallid covered by each Applicatfot for Paynncnl shall be rare calendar month mthhg on the last day of
the month.
§ 7.1.3 Provided that nn Application) for Paymenl is raztivcd by the Arc i(ert not lila+, if the I Oth day of a
month, file owner Shall make payment or the ecilifteh salmon In file ('anslrud ion Manager not Intel lila the last
day Mlhe scone month, If on Application fur Paymenl is received by the Architect aflcr life application date hired
above, Paymenl shall be made by rhe Owilo• out Into than twenty eight (28 ) days aIlethe Ardhilect receives
da Application fur Paymon.
(federal, stare lir• facol frac wall+rrqulre. Povmanu wirhLr el cerroiu lxa•lrxl (if only.)
§ 7.1.4 With each Application fa' Paynhenl, lite Cmsfruction Manager shall submit Payrolls, pnlfy coal, accounts,
recciped invoices ua invoices with dneck vouchers alladhep, and any utile- evidence ruyuircl by Zile (hone or
Archilco to dcmrmstrale (hot wall diabursenents already male by file Cmnstraelion Manage in, reclaim of jilt; Cost
Milne Work goal or exceed progress payments already received by the uloNusciiin Mating, less coat potion of
those Paymeats attributable to the Construction Mamago's Fcc. plus Iwyrolls fm' the period ct'vcred by tlrc lreaan
Application for Payonnl.
§ 7.1.6 Applications lot Payment shall slow. the Cast of the Work actually incurred by the ([onstrudim Manage
through the card of the period covered by the Application Or Paymcnl and far wl)ieh the Construction Manager has
nate cr infants In make actual payment pric bit file nese Ap plicalimh fin I'aymeat.
§ 7.16 Subject to labor provispuns of fire ('attract Oonume ts, the ammun of each progress poymunt call be
ca dinned as follows.
.1 'fake the ('Osn ol'tlnc Wa'k as drsra•ilxd in Section G. Llless nitainugc of IoW/;
.2 Add tlrc Consh•uclion Manager's Foe, The ('(nnstruclim Manager's Fee shall be caputed opal lite
Cost nfthc Work described in the premding Section 7. L(i. h At the rnlc stafed in Section 5.1.1; or if
pile, (bnsh4loiar Menage's Fix is slated as u gsnd sato in That Section, an smaller flint (Vacs file
same ratio to that Rxed-sum Fee as tlrc (:est of the Work bears to a reasonable estimate of the
probable (lust ofthe Work upon it wmpleirn;
fall.WAntlWd rn.p AlA" -�wuw lrammny A141 eMa-;0031. CaaNWa01094+'1003 arra 2009 byTlw Arno onyl aWrWpMMU)aata. All rlgma assails.
arlCVa+ant 19 ptatlrrima bw ti,9. Capy'riaM'stir Intl 1.M1fmnipa0etel Y rtahipA llraup, Nieto rapradvcliau luawbwnOn of tru AIA,'
aoaufiM1.M.M Aay rO w{ of 4. af., ..ttrA tpvMBCFia atMerimM2ippnprpi3.lbd.3, bt elObfla'rM to tAe N,txMurM1$slant p48f1nfx uMlB<'IhC lya 13
/ Trap aOev+aoM was taadamdaYAlA eoawero a153.h743m 1r/3"2pfr wMor Orem fb
6081f"301 which*%pilo$ w Margi1r. aro is ba for MI,.
Upon No ac
(11600167e3)
.3 Subtract retaum a of Ion Mean ( 10 %) from teal patioh of Otc Welk film the C'rnstucliol
Manager sel f -performs;
A Suftrnct (Ile nygmgme of previous payments if by the Owner;
.6 SON !let file Am flial1, if any, indicated by the C raistntcrial Malinger in the d<ceumcn(aiian required by
Saaiou 7.1.4 a insulting from errors submquen0y discovered by file Owner's auditors in such
d<x:umanaimi; sol
.6 Subtract 1111,011111%, if any, fix Miich lite Ardlilaa has withheld err widldrawu a Cafifirmc fix' Payincnf
As ixevidal in the Cadrad ikrcmlxns.
§ 7.1.7'1 he Owns and Catstrueti99 Manage shalt agar Litre (I) a normally ecaldabe pnnulurc for review and
approxi Of payuusns fu Suln"Iffecars and (2) the flcrexxnage of rdainage held rel 5ubealtraet, and nix
CM.Siruction Managed' 41011 exceut' subcontracts in itmordan" with these agree'1na11S.
§ 7,1.9 I>xeCpt with dho (hsmer's flrfor approval, the Ca1%amciffxl Managor shall into make mivance paytuonts 10
suppliers for materials or equipmelf whidli have nOt 17ee1 deffvand unit simed ad the site.
§ 7.1.9 in faktug acliml ah the (:onalruaiul Manago^s Applications lit Payinonl, the A, efulocl shuli M cnfillod to
rely inn the accuracy and eompluloness of the information Pomidlul by the Caixtructiah Malaga old shell no he
ekemuJ m nlxesan that the Architect has uratic a detailed examination, audit err arithmetic vcrifimpitm ord,c
doctuncohniel sulnnified in acomdance with Section 7.1.4 err Other svpfnlning data; that IIx Arclhiiecf has mark
exhaustive Liu continuous On-JdIc fnspectials; or that lite Architect has made esaminarimis to usonfain how or flir
what purpovec the Construction Manager has used amounts Ixcviouxly paid at account ol'Ihe ('entracl. Such
examination, audita wild verifications, if required by the Owner, will Ire perforated by the Owner's auditors acting
in the sok intacst orihe ()vna.
§ 7.2 Final Payment
§ 7.2.1 Final paymol4 cvxafiutling lhn enliro unlwid balance of the ('intrad Sum, shall be nlede by Ole Owner to the
('ens0udion Manager what
.1 the Cinsinu:liml Manager has fully performed 0x ('goad mala fix the Construction Manager's
msllollsibilify to co•rttu Work as providerf in Section 12.2.2 of AIA Docontau A201-2007, and Io
satisfy other rttpliranrnts, if any; which extend beyond linnl ftannem;
.2 Ihr ('0nxtruairn Manages has submitted a final acrounling Ina the ('oM of [he Will and a final
Application fin Irayment; and
.3 0 fund Ce7dfniafe for Payinest has been isstrad by (he Archiect.
I he t Iwna'x limd pxyincol to the (olsbudien Mmuagrr droll tk mark: no Info Ihal 10 days after the isMamur of
file Archifeel's relief CaliOcme for Payment.
§ 7.2.2life 0wrel's auditors will review and rg7orl in writing al the (4011141 ucliah Manager's 6nel accaiming
within 30 days Act delivery ofthe final accounting to the Ardhitec( by the ('rwstmetion Malaga. Based often sudi
C AKII of file Work 11% the (hsaer's mullets report to besubsianliated by rix Co smucdion Mnnaga's final neem"lling,
and ltovidvd the (Alta conditions of Sectimt 7.2.1 halo been mct, the Ardtihra will, within seven days a0e rteeipl
of the written relwn of the Owner's uudifas, either issue no the Ownera final Colifhcate fro Payment wish a copy m
Ole C'ons0udial Manage', Of notify lite Constexsiao Matage and Owner in writing of the Archiittt's togsolls for
withholding a a:rlifirnlc as ixovided in section 95.1 of the AIA ihxwmenl A201 2W7. 'I'baime periods slated fit
this Srxsien sufxrscrlc Ilene stated in Section 9.4,1 elf the AIA Oueumcnt A201 2007.'11ic Architect is no
i ay7nnsible rex' vcti fying the lw'anaCy of tote Construction Manager's Ilmaf aeeemltitlg.
§ 7.2.3 11'tic (hwta's audilon repml Mc COsf Ofthe Work as admmiltialed by Ibe Caisu llojo l Mamgcr's Boat
11e0rontiug to lie lees than claimed by the Conslrouiol Manager, [he Consiruction Manage shall be entil lel to
rapnst deuliatiah of the disluuled amohmf withmii srxkingan initial decisi<m pnrsuam to Seeiwl 15.2 uhf
A201. 2007. A request fix medialiat sludl be made by the Cmistndaion Manager within 30 days a0er the
Construction Marafwi's receipt of a copy of the: Architect's Aual ('erdffeme fa Paynlenl. Failure to tcquesi
mediation within this 10 -day ixridd shall result in the substantiated amour[ rcfxatd by the Ownct''s audi(ois
beconling binding all the (rmsmruion Manages. Pen(Ang a final resnialion ol'tbc disluaerl unloxun, 0x Owrio sdlall
tiny the Construction Manage the amnuol cornified in rile Architect's Anal ('mtilicate fox Paymea(
AIA Oopam li, Al (w' - 2000 (rurmrdy A131 a'(7Me-2.003). C[ipyrl9M 01994 2903 and 2009 by l he A npkwl ft%fiW x W Arcaaeu
wANMMi .het 0.tA` (Soca:vwm a nrr%7<errM by US Coyynaht 49+' mM hntarr:rn{rtrl r.yz[Wa uvartM1m'iyyC egxa3urt.un nv
ThissrAu[ayob ax t rl3l7 cher teal cri O17 mm�xrlar. MR m ort plxc.atva to [tA mexAmam creme
Ulla eHai mom wax dxnaunwl byAU adlwam a 13 /7113 m t 113x2017 ester Ora9r No 6f169b3930 / wladi.Racer m,12(0112m7.
Unr Notp':
.eaten lir Mir AW 14
rrtv'e onaee fila Seer.
Is lip br meek
(1169616703)
§ 7.2.4 If, .ub%e!luent to final papiwol and m the Owner's nNuon. the (bnstraction Manager incurs ants okscrihed
in Swion 6.I.1 and not excluded by Section h.g Incorrect defaiivc o noncmlfotndng Work, the Owuo shall
rcimtrnxe the ('onstruc]ion Manage such anis anti the C'ultxlnlcdon Manager's hue applicahlc Ihale]o our divsans
basis as if such costs had (holt incurred In it, ]hind payment.
ARTICLE S INSURANCE AND BONDS
Po all phoxcs of dnc it gcct, Ihectinsirnction Ma VISCI and 111101wnerskull puidasc and maintain insarauce' and
file ('onsnldiln Managershall I n vide Subcontractor's bands in an amoulll equal to 100°% of Ihc ('osl 111' Ihc Work
,asset thrill in Article I I of AIA Doounnont A201-2007.
(5)alrlumdrrrg n•grrirxrnanls. i! nqe. "rid limit rN
,4201 2W7.) linhilllyjnriurnnnwe rpyuirrd in Ar1irlc I t nl All 1 Axvuucxl
Type of Insurance or Bond Limit of Liability or Bond Amount (50.00)
She Exhibit A ('onslluctio! Manager's
Standard btsumnce Coverage Cerlificale
ARTICLE 9 DISPUTE RESOLUTION
§ 9.1 Any ('lain between the Omrcr and Construction Manager shall be ro4loiwd in accordance with the provisions
set fmtlr in this Arlicic 9 and Article 15 of A201-2007. However, fir 0laims arising from ta- relating to Ihc
C'asSirudiar Monaga's Pn1C1nSIr11C1ion Phase services, no ducision by the Initial Decistou Makef dlall ho! reellood
all a coodilitn preledern to mediation or binding dispute resolution, and Section 9.3 ofthis Agreencrll shall not
apply.
§ 9.2 pot any (78im suttees to, but not rmilved by mediation ixnxuent to Sedian 15.3 of AIA Iknctoluu
A201 2007, lite mdhod of binding dispute resolution shall be as follows:
(('hhrk the apprm(niurp box. /(roc 0itroer and ('nnolivi :rlon Mrotaw"do icor .solevf a nrclhnd aj hindirg, dignnr
revehl0on helaw, no, da not Suhxar(ne"Ill, "give In rlrigng W o hludhrg d4polp lernlalior meihw! alhr•r Bran
liligrninll. C(aha.r 10111W mxnhvAhr lilrgnflon irl u crani ajronr(1oMlll%Ndxdiclinu.)
) Arbitration Pursuant ton Section 15.4 of AIA 1),cuma» A201-2007
f x ) LiligBliwl in a ants of congalead jurisdic]ion
) 1 Wier: (Sjxrrl)
§ 9.31nRld Dedslon Maker
The Architect will Sent ax Ihc Initial Decision Maker pursuant to Suction 15,2 of AIA Document A201 -2007 fin•
(']aims arising hem ox retching la Ihc ('rnlstmctimi Manager'. Conshvoian IMlese savim, unlrss the trenios
Billion] below another individual, not 11 petty to lite Agreement, to serve as the Initial I)c ision Maka.
(Parngrnphs deltwed)
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Term,natoan Prior to Owner's Approval of the Control Estimate
§ 10.1.1 print fa the Owner's appiovid of Ihc 0aaurol Estimate, ulnn out
ices ihan seven days' wittern notice willsg1511'lleilni! M»nagel Im the 0"O's convenience and lvflhott cause
and file Cunslrtelion Manages any terminate Ibis Agrocmcm, upon not less than semi tiny.%, written n ,lieu Io he
Owner. Ila, the reasons ud (lith in Section 14. 1.1 of A201 2007.
§ 10.1.2 In die wart of for oinofall of Ihix Agreement pursuant To Seclian Ill, I.I, Ihc (,o ;1nathot Monagcr Stall lid
equitably compalsa]ai fix Iiw:ansuvdiwn Phase w vices pa fon rout, grit» to recd]» of a notice of Nrminaliol. In no
eveni shall the ('austraa,ol Manager's ctnryictnsation under this Section escotl the compensation ser Ga11t in
Soclicm 4.1.
§ 10.1.3 In file clear oi'lermination of this Agreement patilmal in Scelion 10.1.1, cher the c nunaucnnatl of the
Colnsiructioan lfhem+ fill Irim to the Owner,%app!vvd of loo ('rmirol Estimate, The Owno shall pay ti the
Init. AlA necumenl Al(/ofine"y A131"CMe-40071. CopyngM6y1004,2003end 2M by llm Amnion lnaMute of Arclaade. All 4g arasarvM.
wAaNlYkO- WeAIA! Uxruna.n N ¢rL1e(.1u:: m a. GWsy'daM taw a:ro 6,amnelM.:.s1 Yxatlae awcw,oraaae ra.c:,nd.n:nen „� dta:M1;nrtm., of Mix AIA"
are exact(, o-, 4x,Y artrctY.xr of i! rn51• azun M tarots [Y>A aq't EAMA'n1! FFnua%bK. trffi sN! pe aroax.!!aN [u PIs nns.mw, scrum( pyeaigla UIIW r fFa µ„p 1`5
�M' r Thado ed -e p, Mlwadby A!Aw0w=al 13.17:43mlirJ0120Y7wWelorder No6DSM603a. 1wldcheapirc t2tojl2017.endlaMf& laeale.
Nolan+
(t Ia09ID7a3)
Cons(ructial Managcr ander Sm.lion 10.1.2 an amount calmdated as follows, ehich amounl shall Ix in addition ill
any oanponsolion paid (a the Conslnlcliol Managa under Scclion 10.1.2:
A 'fake the Cost or the Work incurred by the Constructiar Managcr a the date of lamination;
2 Add the Consoudinn Mmlap.1,a Fee amlputal ulun Ille Co l of the Work to lite date of termination
m fhc rate gaud in Scclinn S. i or, if the ('anslructiol Malega'n Iwe is slated as a fxcd stun in Ihai
Sea ion, an amolmt that bull.% the sonic Ialin Io that fixed ;afro Pm as Ibc Cast of (he Work al die time
orlerminxlim bcarx loo rhea namable estimate of lite lMubable (,"of the Work upon ins completion:
and
,3 Sublracl the aggregate of Inedocs paynnonts nmdc by the Owncr for Construction 141asc services.
'lite Owtla shall elan pay the Cnnsuudiat Managcr fair onmpensaiml, either by pun'clm+c m'rontal a1 the election of
rho Owua, faally erluipolmn awned by Ibc ('al Vrmtltm Mnlega' which t1C Owild elects it, retain and whidl is
no olhawise ineludai in dnc Cum ordre Wok undo' Section 10.1,11. To the extant that the Owncr deers to take
Ito assignment urwheOnracls and pendia+e otdas (including rental agrar4ncnte), the ('o sli udian Manager- dull,
ss a txmdilien oheeoisdag Ihu; Imyrnenls reli:nal l0 in (his Amide 10, execute and deliver all aid, papers and.(nke
all such slcps, including the Icgal assignolenl orsuch subs nloacts and ether on"Iradual rights of life Colatnldial
Manager, as the (haler army require for the purpose, of, fully vesting in the Ovma the rights and I3cnefils oflhc
Calsiruainn Maloago undersuch subcnnuads or ptmdlasc orders, All Sulwoofracts, purchaac orders and rental
agrerntcnis entaad into by the Cla stnlaiot Managa' will contain provisia s allowing for assignment to lite Omit,
as described above.
If the Owtla aceepis asaig7unent Or wheellinIcls, p n -dine odors or rental agreements as elesaibad above, dle
Owner will rdinburso or imicoulify, Ibc CORM"uction Manager' (mall cosi$ arising under Ibc wherxtred, pumdlase
Order or renal agre7nen1 if those casts would have been icimbtusalle as ('ow Of the Work if the cadracl had nal
been terminated. if tiro Owner chooses nut to actM)l asaignmet Of any subcontract, pndnaw order* or retrial
agl•ecocu that would have constituted a cosi orthe Work had this agement not been terminated, the Ciolsu union
Managa will laminate ole udncuntrae, put U110ae MAL, o1' Tonal agrCanclai and tire Owner will Imy lire corsimclnnl
Managa the case; no:cessnrdy incurred by ole C nlstruction Manager bemuse of such lalnfnalfon.
§ 10.2 Termination Subsequent to the Owner's Approval of the Control Eelrmste
§ 10.2.11 Subsalt mut to Idle Owtut's apin'tivai or file control Nslilnatc, Idle ('attract mmy he lanae nled as pnlvidol in
Sections 14.1.1. 14.1.2 and 14.2.) of A201 -2(07.'1 Ile IN IMAMS of Allude 14 or A201-2007 do non otherwise
a17pIY to Ihis Seclian 10.2.
§ 102.2 M the emit orsuch te'oduatio n by the (honor, the amount payable to the construction Managa shall 11,11
exceed the solatlll Idle Corlatlllc11tx1 Managa "told haVe heal entitled to receive pursuant to Smtmas Ill. 1.2 and
10. 1.3 of this Agreement leas only ce npensslidl that may, Ire awarded to the Darner lorsminn to At liodc 9.
§ 10.2.3 M the event orst dl lerolivafill, by the Construction Managa, the annount irayabic In Ilse Cotssructial
Manager shall be in accordance with Sections 10. 1.2 and 10, 1.3 of Ihix Agreement, excel i tml the Conslnation
Manager's pec shall be calculated as if Ilse Work had been folly completed by ole Canslnlclion Mango', inchaling
a reasonable eslimalc of Ibc ('oast of Ibc Work for Work not actually conlpided.
§ 10.2.4 Ill addition In the Owtler's right to laminate this Agraoica( fie cause as laovided in Section 14.2.1 of
A201--2007, the 0%ma may hatninate this Agrailrau for convenience as provided in Section 14.4; however. file.
Owner shall then only Imy Ibc (%msrmoailn Manager an annou t calculated us follower:
.1 'rake the Cost of the Will k incurral by lite Conlnieliot Managa' to the dale of lenninmitn;
.2 Add the Conslrualiotn Mannga's Par computed upon lite. Cost of the Wo'k to file date of tamhnliai
at the rate slafal in Svelial 5.1.1 or. irthe Construction MAanga's Fee is atalcef as a fixed stmt in that
Section, an anoum that hcors the same ratio 101 that lixad•wun Poe as Ole Cost of the Wolk a( Ills line
orfernlinatiol beaam u reasonable rslinnre ofthe la'obabie Cost ol'lhe Work alum its eonplelion;
hell
,3 Subtract lite an"Civile of luevio vi payments made by the Owner.
§ 10.3Suepetlslon
The Work only he sug3alnlded by the OwOe as provided in Article 14 of AIA Docunlenl A201-2007. In well case.
the ('0111101 IistimAle and C.ontrad 'I'iule shall be increased as provided in Section 14.7.2 of AIA Document
AIA aaPYm4n1 AIM'• -200e (I(mnPrly MJi `•CMe - NO
Intl. WAAHtHCr'. n,ls AIAG rlM'.w1ne . la fri a If a �. (%W q 6 teas. 79D,9 entl 2009 aYTLe Amakan xl&adM d ArN,xeg4. As lights ata,",
V'`+rK Y e.Pr!/rtg11414F'dnlSQli4lYrdaGrtNTN!lrgt6llYlkulA(1ntAd•t}N4d4Cr�PPPfdtPnllkilMnPfiAl7},18` 10
aMVmAnt, lw Pv'onto" of a, ma} !ece„� �i: kev„,4 ciYN s!d crlminbl penSrn44, tM rat ex p`oseeu9da tL n:e meximum Niartt a,.eelLta ,:ntlni thb Ida
`may( This doloonal"a Proemial ay AJA mhwmo e11.317:43 on in3la2017 under Oder Wo.9W94DSWB t whichroarea on 12/0/12017, and is ml formal.
�/- 04ef Noun.
(11009107031
Mn
Vim-' r
A201-2007, excess that lila term "profil" shall he Ixnlessland IO Illfiln ihf ( "w"b'netion Managaes Vee a9 desirriherl
in Seclions 5.1 and 5.2.4 ofthis AlfrernxnlL
10,4 FORW MajCtIFC
Neither Darty shall be liable lis lailing to Ixrii7ro n obligations ariring under this Ag'Cerila i to Ole extent vlch reilure
is caused by fin, flood, ennlliquake, InariUale (ll' noodles nabtr'al disasia, all net And, war invasion, act or Oln-ign
rnLrlliCb, h(IaI11111Cs (rtgal'dlCsw urwhellna war 7s dadvrd), civil war, fCbellilvb, wttitlhal, insistl'eetifn, n1111181'Y Or
usurped power w confisrxrtial, .I (Ail, act(vi(ics, gwannxtl `410CA 11, blockage, errbargo, labor dispute, strike,
lockout or intfnlglial as failure orcle :tricily or lelephoov service,
ARTICLE 11 MISCELLANEOUS PROVISIONS
§ 11.1 Teens kr this Agreemtnl shall have tbr. same ulwning as 111, in A201,2007.
§ 11,20w1telehip and Use of Doctanents
Smfien I.S of A201-2007 shall apply in bods file Preconsaruairn vitt Construction Phases.
§ 11.3 Governing Lew
Semon 13.1 or A201--2007 dtall spply In both lilt Preconstructirxt and ('olsitvenol phases.
§ itAAsdgnment
lbc Owner and Construction Manages, reyxTUvely. bind thernscims, their erg els, sltecessms, owigts and legal
rcyreselttutivm to (his Agreement. Ncitha dee Chw1a nes• the Calstrltdial Manager til all imigl this Agreement
without the written consent ofthe aha, exceill 11110 die (Mvlcr may aWgl this Agreement to a lander ptviding
financing for the Project if the Ie1daAgrees to assume the Owner's rights and obligations uuda' this Agreanart.
Vxcgr asprovided io Section 13.2.2 of A201
c200a7, neither pally w Ibc C'onnd silall assin te Contend lisp written conscnlofthe, aha. g
lxuly mtanps In make suds en axsip;nmrnt without such
cnnAenl, Ihal early shall neverthdoe; amain legally responsible fir all obligatiens find" the Contend.
§ 11.5 Oliver Ivrovivilats:
I L5.1 'Ihf folbwing relax !or Sulxrvimry and AdminiStra(iol pervnuul until lune 30, 2015, wittier loca0ed al
the prnjoxl rite a of Crmgruetien Manager's principal office, will he used nt erdculate the rcquirorl sla0ing expanse
to prgxrly manage the project. 'Ibis expense- will be converted to a film,) sum at the time Snbconlractm' bids are
approved by the Oona laid billed on a Irotatal INIS during the construction phase.
I'llijeci Exaullive
$136411.
Project Manages'
S131/hr.
5111esh0aldcm
$125Mr.
APst. lrojecl Manager
$9111hr.
Contract Administrator
$95/Iln.,
These rales are emp sled to increase 3%each yeah on July 1. thereafter.
ARTICLE 12 SCOPE OF THE AGREEMENT
§ 12.1 arragebin Agreement mId supasxrles
Manoga reprom"s the entire and integ'nerd agreernenl I"WIC(o Iho Owls' and dm Construction
all prior negotiations, rflxfsema0ials in agreement., chiles "ripen a' rral.'llik Aglxanwl
may be Amended ally by written insb'ulnan aignM by Ixrin Osner and ('olsimokin Manager.
§ 12.211lc RnNowing documaas et oplise Ilse Agicanenl:
wAriaNO'TMc PIA`- Wxuxfenl%prntxtag U.a. Co -' ..v"`"'o,,...:rvswro near AY orb nmoricen Fllauq dPrchnocic. Ail4aMs reeewatl.
ntlrvpfyl{I. I,U M rly()ahI r.811'tl,x: ll:tprziG91`.tlI YtY611C9 el Rgy((p}Lgd-l,tflFalfF(Ipf: p 6314AOPla p4 A4 MA
list aocuee0nl w "MdUn Mf 3, my ravaia ni ia,a yen. rya µg ia"17 ginxnwe. wafieV.i hs a,rusecutatl ie aw n.ail,nfnn ietu.t Iwtlpryk roger A,e. Int: 17
O:atlueog by PIP eglwarl al 1J:1YA9 gn 11!90/207) unser Order No 80aa40' M 7 Mash exrams an fzrornnt> ..w ,..._.._.
User Notes'
piamovili s)
Init.
AAAA+ I
.I AIA Dammer A 134--2009, Stanttmd Fonn of Agrccnhcnl lielutcn (honer slid Construction:
Manager as Ce7h'Iruea where the basis of paysten is the Cost otthe Work Flux a I'm wilhcu a
Guaranteed Maximum IN ice
.2 AIA D(cunn to A201 •2007, Ousral Condition, of the ('ordrau list ('ensuncliorn
.3 IixhihilA-Ccisirudion Manager's Carilicfllr of'Insrunucc; Iixhihh 0. Sevics&FaUPmprMal
ARTICLE 13 RFOGI.ATIONS
13.1 'elle Coloarneiet Montalto wurrUais Ihaf it ix fnaitiar will, andshall comply with Federal. Slain and local
laws, staonex, DrAinmtom rules still reguhalions mrd the odors and decrees of any averts on adminisbative brdim lar
to ilamals in any manna affecting the pot fomranec of due ('mmacl including wJthnui limitation Won kers'
041111msntion Lows, mindmuln salary and wage Slanhtax and lcgnlations, 4ius will respect to penuits mrd Irmiles
flus foes in conneclicn dnersvitl, laws regxrding maxdomm working hors. Nn plea of mbundasYnnaling a
ignorance thereorwili he camsidorci.
13.2 Whmeva leyuirrd, the CoisYrudion Mwhagcr, Conlracto of Sanlx;amraclon shall furnish the Architect and
Owner with sslisfaetay proof of etunplimuc will, said Federal. Stoic and Inca) 111M, salines, ordinances, rules,
rcyulations, orders, and dances.
13.3 Construction Malinger aturd carefully caantnctlue (hxupstional Salify and I ImIlb AN sts issued by the
Vesici'al Register (OSTIA), and the apCL•IhG WgUla11e1N governing prose nits, lochniquos, safety precautions,
(quipurml design. and the cndigln dion orthe ssme ns required ander $his Act and shall comply will, nil tams of
the Act mid In perform and complete in a workmanlike rumor all work required in fill compliance with said Ad.
13.4 Construction Manager shall cmnpiy will) all tarns of tie Il linnis Predirmlx Act add all leans of die Equal
Fnrydoynnml Opportunity Clause orlhe Illinois Fair fimpinymml Ilraelices Commission.
13.5 At all Itmcs Construction Manager shall renain in aimpliuncc with the Illinois fundic Won•ks Fmploymml
Discrimination Act (775 ILCS 10(1, et srxp.J and lire Illinois Illusion ]tights Act (775 ILCS 5/2-101, el srq.,), anti in
additiondell at all linea comply with Su;lion 2-105 of the Illinois I limn Rights Act rstuiring a writim sexual
horosxmml lnolicy as damned therein.
13.4 C on ori llc(iol+ Manage trucks stands, repaliMana slid was 10411] lel till: Owns that the C'onsiracliell Manager atilt
ifs ('oumemrs and Subc ntraeors (rue Arid, the Construction Mmage lakes rognalsibility to insure that they
comply with Ilse nbivo-mctntioned Acts) are in compliance with all rlqulren mis provided by the Acts set forth in
Article 15 and that they will slain in complianoe for Ibe enirey of tee Work. A violmial of miy orthe Ads set
Instil in this Article in cause fin the innlnediale cancellation of the coiurncl. liow m, nay forbtarancc of decoy by
Ibe Omlcr in collecting Ibis Contract shall tion be considured as, and dors now constitute, Owner's uou,all m such
violal ion and a waiver or any dghns Iho Owns nnay how. including wilho l limilalion, cancellation of this Contact.
13.7 Coustnrdiem Manager agrees to nahrtain all records and documents lothe project in compliance will, do,
1'riedonn or lofamiation Ad, 5 ILCS 140/1 d Nal. Ito addition, ('lms'Irudi(rn Malinger shall produce, wilhota cost to
the Owner swords which we responsive to a request received by the owne ander the Freedom or Infiltration Aa
sur that the O+me may provide records to those a quecfing llrcm within the rima frnnns required, if addilionnl time
is ncxssary to canpile recalls m renpocnse to a rcps;sl, them (2n4111ctionh Manager dell NO nosily Idle Owner and if
passitic, the Owner shall request an extension son as In co 1p]y with the Acthi the even Ilan the owner is found to
have nor complied with [lie Freedom of hdanlatimt Ad baaad upon f1+c Cmauuctioh Manager's failure to prduce
dxumcnts of atbawise appunpprdote4y resxnd to a re@ash undo the AcL Ihu+ ('aubrldion Mnnaga droll
indenmify:uul hold list oiwha hornless, still pay ton anauntl dderuniuol it, by due• including but not limited to fines,
canis, auaneys' fes and penalties.
1.1.8 PrevailinglVage Aa.
'rp the extort that the Prevailing Wage Act, 820 ILCS 13010.111 d.seq., applies, Contaruclion Manager and all
contactors and sub oruractols shall comply with the Act concerning paylman of prevailing rote of wages to all
laborers. lwlrkme», amt mechanics ongngod on awork provided for this Agreinen. She Consiluelion Manager
agrees for itscl rand for alt contradors and Solicoumdms that pain to nicking mmy paymorls to its own laborers,
wctrism or nxehanies or to any subcontractor that it will determine and pay Il,c Ihu-current provaidng rule of wage,
as ddavninel by llic lllinoix DWattinml of I..abor and posed at: It1Rf/WN'9' t844,lLoi/Agsn6yr51StlLrnb Lr8tt6r hl_m.
AlA eocwlexa AtDdM-YOOa(IlrrneilY Atrir"CMe-1WDp. CdpiAglxtl llWd, taU3 eM 21palfy Tao Aoancan lnrMurp of Afchilisvi Ab n®hU relorved.
wJUlA014. iriskrA" nalemdnlWpMf„rl.d lay 6l s. erygrigM Cdw 4xM,n!l,rlallu:•aifineaas Une�lRorulw �lpnNvennnwdibidO'W , feta AJA' 16
This
Gr flay pmdu d1 y fA frm Iro t MIT CI o 2X11 002017( nsks, oil en(r RPM aM1 9(rxe<utaQ!6 4,e TulmWh !a{ant peaNb�4 Vn66+!hR fSc
use d10189i cons produwd hYAlA raawarc Rl ta:17:d9m ifi3Nae17 ealdor Order fro.(gaY465BDa twladlagdrap on la/a1J70/r. eros le nolmr reach.
Wer Nolen:
I he owner may at any line inquire oftl,c Constntclion Manag,, Cunnacta a' Suluon ,acla, as to rales ol'wages
living paid employees aid any subeenhada or material mar, whaaepon sudh in6trmaioo aliall he Inanely
itrovided In the Own,. live Construction Managa shall agree In indemnify the (Anna' flu Any and ail vioialions
ofthe Inevailing wage love and any nAes and rMulxlloas now and haagof issued pursuant n aid Inwa
lite Construction Manage, shall insefl into each contrera and va lrwnlraet and into the prujea yaviiiealiuns fee each
subcontract a wrille n slipulalio n to the clfal llut, to the csleol that the Prevailing Wage Aa applies, well
Conlraclw mod Subcontract, s1ea11 comply with the Aa. 'live consinraioo Munaga shall aim, cause such a
provision to la; includal it] all such bunds as will gust slaw the foiddul paTonnance of the lu wailing wage
obligations as eatablidn,l hn the. Conrad Documents,
ri"arngmpli &IeraQ
13.9 Sulntauet Amuse Prevaniah. Tiro Catsoudun Marurger shall oanply with and cause. all courados and
stnd;murachnrs to comply will, llwrequiremants and provisions of the Illinois Sul>_alanue Alm, Prevauien un Public
Woks Projcds AG (A20 IL[ ;S 265/1 d. soy J. pailare by live Cahslnhaiah Managa In comply with the
requireataas of the Illinois Subsmnce Abuse Prevenliah on public Woks Projects Aa shall c ngivac a maaisl
drfnuh of the conned and doll give the OwnCl line right to pursue any remedy available Im it al law Or in equity,
including tennimnioi of this contract for cause in lite owner's sole diserdiai and any cher ranedy as Irovided in
this (kntract. In the event of a derodt herander, C'onstruca"m Manager shall also pay w the Own, all damages
(Moa is cri idol to under this Caunna that aria from the delaull, logahee with intereg, awls, and the (twna
reasonable Allo ley fees."
tall.
`w�_ J4Nimo .(' of E '
Vim! / n►ancueaoh was
Is and year fast wrinat alr(rva S)IN N, L$ V' v. -V -KA 1 1
Mon t., W""'
ovid /�`'r.JJ - (Piyulyd ararc ur�Ulyri'll) ,
Vtll� �UTA�' �I�YWV
nacuenant M C�oearAaq . U 8 Gn • •,••r' ••4' •'"" m t"a runmcen awAab olAtWtapo. ,yt Ayer. marnrod.
ten err a. may reo-EAi x. er�ioa 4xi! Mf a '.Lw! W,,aM z ewl ��.ne�iMrrixetl .eprwucttort cr 1!airnwmun at NIX NA`.
luceaby AMA Wkwaro an lJ'fr:4a soh 11laa12111r wMer be praeo;Me re the."trrmwn arte'+r pocrlbb wMaf da law i9
rNaer Ne B089e45a3a 1 wmVem aXpmaX en t7/alRatr. anekegr lore"inN.
(11aDBIbrB3a)
EXHIBIT A
eco Oa CERTIFICATE OF LIABILITY INSURANCE
THIS FICACERICERTIFICATE IS lg6UED p5 A MATTER pF INFORMATION ONLY AND CONFERS NO RIOf1TS UPON CUPON/2017
THIS
BELOW
THIS
SEB N07 AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B1' THE POLICIES
BELOW. THIg CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERi1FICA7E HOLDER.
IMPORTANT: If the cortiIIIA INAIVED. heleet b an ADO $ mad L INSURED, the 'policy(") most havo ADDITIONAL INSURED P Vlslonc or bE ertdm0d,
It SUBROGATION IS WAIVED, tllbJaef W Iho forma made of the Policy, eelUln PoBebs may Ihk uMITufa does Rol confer tl u to me nrtlticata fioltler In 8eu ole p and6KemM1 e , y mQuire eh e0404110ment. A etAlement on
PAdDULaR
LUIUtslrom Insurance ___ _
2205 Point 8Nd., Ste 200 �.�d 847.747 1000 _ -
ftin IL 60123 - LIMG.NvI: B47-g28-II857
_AODRESb: ma��lUntlaffplTllnBUfBnDB.(bfn-
__. �+FY9LiSJd7Mo11LO COVFn E. .. RAW.
_.- .Aa BA Clnosmall Insurance
SHALMCN-01 . 10677
Shales MCNUtI. LLC %mebe CmcmnaU hWamMty Company 3280
$26 Renner Drive
?win IL 66123 - _...
ANY
Y 1 Y
DEMI ADORE��''G�'' T'jE1yyL�IMOJEf:i IT,AW_UPER
PDUCY Di I_X_ES IOC
^ AOT6S ONkY .x IN�{i 'O��N`IY
17
A X UNBBEuwlue x O„�OII
... AJICEa6INB_ CWNa.1AADE
IS
1TgOlW t ACV I!V:AIY
TO ALL THE TERkIE,
BnpLY IHAINY IPu Nnd 1
t � --"'
aODILYWAlRY1Pe:rcxnal S
I
IPorkaYr
III
1
[Acn4CCL1WEHG
-
.AOONEG
I_6.80.000
.r6.0m.000
It
s
x lTole EAµ.
FACN.�CClnlni
tLow..ow
-..-,--•_ •^^.+n�.•wwllwalvEHlcLf6 IAC"0,01. alPY wN�ntryAI II III NrMNnIII
ontract
N raqulred l 1 tale u nOral LJ Village n1 Oak Brook and VitiflSubrogation
ms Atchileols are Addiflonal Insureds on a Primary and Non -Contributory basis
with pensattt In policies
General LiaDi0ly and Waivers of Subrugalion apply in Itleb (I with respect 10 The General Liebioly and Workers
Co1lglerreadon pDlicles.
VlYape of Oak Brook
1200 ORk Brook Road
Oak BICDIt IL 80523
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILT. BE OELIVf?RED IN
ACCORDANCE Whin THE POLICY PROVISIONS.
BE
26 (2018103) s' I VWZUT6 ACORO CORPORATION. All
ACORD� The ACORD name and logo em regktored marks of ACORD
Policy Number IfEP1'0139395
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement . Table of Contents:
Coveraae: Baabte oa Page
1. Employee Benefit Liability Coverage ......... .._.............
2. Unintentional Failure to Disclose Hazards.._ _...................._..........................'....._ .. 2
................................... _... ....... 8
3. Damage to Premises Rented to You......_.._....,....
..............................................................
Supplementary Payments .............................. ............
......................_........................................ .
5. Medical Payments ................... _ ................. 9
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.)., .... I ...... . . . .... .
7. 180 Day Coverage for Newly Formed or Acquired Organizations ..... .............................10
............. .
8. Waiver of Subrogation .._................. 10
9. Automatic Additional Insured - Specified Relationships: ''-
Managers or Lessors of Promises:....'...'.'...'.........'....................................... 10
Lessor of Leased Equipment;
Vendors;
Slate or Political Subdivisions - Permits Relating to Promises;
State of Politieaf Subdivisions - Permits; and
Contractors' Operations
10, Broadened Contractual Liability -Work Within 50' of Railroad Property ................
11. Pfopeny Damago to BanOWed Equipmem...................... ................_....... 14
12, Employees as Insureds - Specilied Health Care Services : ........... ............ ......... 14
Nurses: _......__..._..15
Emergency Modical Technicians, and
Paramedics
13. Broadened Notice of Occunencc..__.................... .
..__...._............................ _... __ _.......... _... it
B. Limits of Insurance:
The Cornmerclal General Liability Limits of Insurance apply 10 the Insurance provided by this endorse-
ment, except as provided below.
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000000
Aggregate Limit. $ 3,000,000
Deductible: $ 1,000
3, Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Lirnit shown in the Declarations; or
b. $500,001) unless otherwise stated $
4. SupPlemonlary Payments
a. Ball bonds: $ 1,000
b. Loss of earnings: $ 350
5, Medical Payments
Medical Expense Limit: $ 10,000
GA 233 IL 02 07 Includes copyrighted material of Insurance
Services Office, Inc., with its permission. Page 1 of 15
V
8. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage
(Coverage b.)
Limits of Insurance (Each Oocurrence)
Coverage a. $1,000
Coverage b. $5,000 unless otherwise sialud
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated
I I. Property Damage to Borrowed Equipment
Each Occurrence Limit: s 10,000
Deductible: $ 250
C. Coverages:
I. Employee Benefit Liability Coverage
PREMIUM BASIS
RATE
ADVANCE PREMIUM
- COVERAGES: Employee Benefit
(a) Area
(b) Payroll
(For I..imits in Excess of
(For Lanils in Excess of
(c) Gross Sales
$5,000)
sorts
LCOVERAGE
(d) Units
the Insured becomes legally
ity to pay sums or perform
obligated to pay as dam-
o Other
ages caused by any act, er.
unless explicitly provided for
ror or omission of the fm
under Supplementary Pay-
sured, or of any other per.
monts.
son for whose acts the in.
(b) This insurance
sured is legally liable, to
$
TOTAL A NUAL pREMtUM
$
I I. Property Damage to Borrowed Equipment
Each Occurrence Limit: s 10,000
Deductible: $ 250
C. Coverages:
I. Employee Benefit Liability Coverage
2) Our right and duty
defend ends when we
a. The following Is added to SECTION 1
have used up the ap-
- COVERAGES: Employee Benefit
plicable limit of insur-
Llabillty Coverage,
ance in the payment of
or sette-
)men
(1) Insuring Agreement
sorts
(a) We will pay those sums that
No other obligation or liabil
the Insured becomes legally
ity to pay sums or perform
obligated to pay as dam-
acts or services Is covered
ages caused by any act, er.
unless explicitly provided for
ror or omission of the fm
under Supplementary Pay-
sured, or of any other per.
monts.
son for whose acts the in.
(b) This insurance
sured is legally liable, to
applies to
which this insurance ap.
damages only if die act, or-
plies'We will have the right
ror or omission, Is negif-
and duty to defend the in-
gently committed in the
sured against any "suit"
administraton" of your
'employee
seeking those damages,
benefit pro.
However, we will have no
gram; and
duty to defend against any
"suit"
1) Occurs during the pol-
seeking damages to
icy period; or
which this insurance does
not apply. We may, at our
2) Occurred prior to the
discretion, Investigate any
effective date of this
report of an act, error or
endorsement provided:
omission and settle any
claim or "suit" first may re-
a) You did not have
SOIL But
knowledge of a
claim or "suit` on
1) The amount we win pay
or before the ef-
for damages is limited
fective date of this
as described in SEC-
endorsement.
TION III - OMITS OF
INSURANCE; and
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc-, with its permission. Page 2 of 15
Y�
You will be
(e) Inadequacy of Perform -
deemed to have
ance of Investment / Ad.
knowledge of a
vice Given With Respect
claim or "suit"
to Participation
when any
'authorized repro-
Any claim based upon:
senlalive";
1) Failure of any invest-
s) Reports all, or
merit to perform;
any part, of the
error
2) Errors In providing In.act,
or
omission tolormanco
formation on pastper-
or any otheerr
of Inestment
Incuror,
vehicles; or
III Receives a
3) Advice given to any
written or var-
person with respect to
bal demand or
that person's decision
claim for dam-
to participate or not to
ages because
participate in any plan
of the act, er-
included In the "em-
ror or orris-
ployee benefit pro.
le sion; and
gram"
b) Thore is no other
(I) Workers' Compensation
applicable khsur-
and Similar Laws
ance.
Any claim arising out of
(2) Exclusions
your failure to comply with
the mandatory provisions of
This insurance does not apply
any workers' compensation,
to:
unemployment compense-
(a) Bodily Injury, Property
lion insurance, social secu.
rity or disability benefits law
Damage or Personal and
or any similar law.
Advertising Injury
(g) ERISA
"Bodey Injury", `property
damage" or "personal and
Damages lot which any fn-
advonising injury'.
sured is liable because of
(b) Dishonest, Fraudulent,
liability Imposed on a fiduci-
ary by the Employee Re -
Criminal or Malicious Act
filament Income Security
Damages arising out of any
Act of 1974, as now or
intentional, dishonect,
hereafter amended, or by
fraudulent, criminal or mall-
any similar federal, stale or
cious act, error or omission,
local laws.
committed by any insured,
(h) Available Benefits
including the willful or reck-
less violation of any statute.
Arty claim for benefits to the
(c) Failure to Perform a Con-
extent that such benefits
are available, with reason -
tract
able effort and cooperation
Damages arising out of fail•
of the insured, from the sp-
ure of performance of con-
ptcable funds accrued or
tract by any Insurer,
other collectible insurance.
(d) Insufficiency of Funds
(1) Taxes, Fines or Penalties
Damages arising out of an
Taxes, fines or penalties,
insufficiency of funds to
including those imposed
meet any obligations under
under the Internal Revenue
any plan included in the
Code or any similar slate or
"employee benefit pro-
local law.
gram".
Includes copyrighted material of Insurance
GA 239 IL 02 07 Services Offtoa, Inc., with its permission. Page 3 of 15
V
(1) EmPloyment-Related
Practices
but only with respect to the
conduct of your business.
Any liability arising out of
Your managers are in -
any:
sureds, but only with re-
sPect to their duties as your
(1) Refusal to employ;
managers.
(2) Termination of em-
(d) An organization other than
ploymenl;
a partnership, joint venture
(3) Coercion, demotion,
or limited liability company,
evaluation, raasslgil•
you are an insured. Your
"executive officers" and dl-
ment, discipline, data-
mation, harassment,
rectors are insureds, but
only with to
humiliation, discrimina�
respect their
duties as your officers or di•
lion or other employ-
mont-related practices,
rectors. Your stockholders
acts or omissions; or
are also Insureds, but only
with respect to their liability
(4) Consequential liability
as stockholders_
as a result of (1), (2) or
(3) above.
(e) A trust, you are an insured.
Your trustees are also it,.
This exclusion applies
surads, but only with re•
whether the Insured may be
spect to their duties as
held liable as an employer
trustees.
or in any other capacity and
to any obligation to share
(2) Each of lite following is also an
damages with or repay
insured:
someone else who must
(a) Each of your "employees'
pay damages because of
who is or was authorized to
the injury.
administer your 'employee
(3) Supplementary Payments
bonofil program'
SECTION i - COVERAGES,
(b) Any persons, organizations
"employees'
SUPPLEMENTARY PAY-
or having
MENTS - COVERAGES A AND
proper temporary autltori•
zaWn to administer
B also apply to this Coverage.
®
your
-employee benefit program"
b. Who is an Insured
it you die, but only until your
As respects Employee Benefit Llabll-
legal representative is ap•
pointed.
Ity Coverage, SECTION II - WHO IS
AN INSURED is deleted in its an.
(c) Your legal representative it
trely and replaced by the following:
you die, but only with re.
(1) If you are designated In the
Wact to duties as such,
Thai representative will
Declarations as:
have all your rights and do-
(a) An individual, you and your
Iles under this Coverage
pad
spouse are Insureds, but
only with respect to the
(3) Any organization you newly ac -
conduct of a business of
quire or form, other than a part.
which you are fixe sole
nsrship, joint venture of Itrtfted
owner.
liability company, and over
(b) A partnership or joint Van-
which you maintain ownership
or majority interest, will quality
lure, you are an insured.
Your members, your part-
as a Named Insured if no other
similar insurance applies to that
nets, and their spouses are
also Insureds but only wifh
organization. However, cover -
respect to the conduct of
age under this provision.
your business.
(a) Is afforded only until the
(c) A limited liability company,
1100, day after you acquire
or form the organization or
You are an insured. Your
His end of Ole policy period,
members ere also Insureds,
whichever Is earlier; and
Inciudes copyrigtried
material of Insurance
GA 233 IL 02 07 Services Olpce, Inc.,
with Its permission. Page 4 of 15
V_
(b) Does not apply to any act, '
negligently committed in he
error or omission that was
"administration" of your 'om-
commilted before you ac-
ployee bonefit program`.
yuired or formed the or-
ganization,
However, ilia amount paid un•
e• Unita of Insurance
der this endorsement shag not
exceed, and will be subject to
As respects Employee Benefit Llabii-
the limits and resoictions that
fly Coverage, SECTION III . LIMITS
apply to the payment of benefits
OF INSURANCE is deleted in its an.
it airy Plan included in ilia "em.
tirety and replaced by the following:
pbyee benefit program'.
(1) The Limits of Insurance shown
(4) Deductible Amount
in Section B. Limits of insur-
(a) Our obligation to pay dunr
ance, 1. Employee Benefit U-
ages on behalf of the it,
ability Coverage and the rubs
sured applies only to the
below fix the most we will pay
amount of damages in ex -
regardless of the number of:
cess of the deductible
(a) Insureds,
amount staled in ilia Dacia.
(b) Claims made or "suits"
rations as applicable to
Each Employee. The limits
brought:
of Insurance shall not be
(c) Persons or organizations
reduced by ilia amount of
this deductible.
making claims or bringing
"suits".
(b) The deducgblo amount
(d) Acts, errors or omissions: or
stated in the Declarations
applies to all damages
(9) Benefits included in your
sustained by any one "em -
'employee benefit pro.
eloyee', including such
grant'.
employea's' dependents
and beneficiaries, because
(2) The Aggregate Lirnit shown in
of all acts, errors OF omis-
Section B. Limits of Insurance,
sions to which this insur-
1. Employee Benefit Liability
ance applies.
Coverage of this endorsentent
is the most we will pay for all
(c) '!ha terms of this insurance,
damages because of sots, er-
including those with respect
to:
rors or omissions negligenhy
committed in the "administra-
lion" of your 'employee benefit
1) Our right and duly to
program,
defend Ilia insured
against any 'suits"
(3) Subject to the limit described in
seeking
and those dam.
(2) above, the Each Employee
es
g
Limit shown in Sechon B. Units
2) Your duties, and the
Of Insurance, 1. Employee
Benefit Liability Coverage of
duties of any other in.
this endorsement to the most we
volved insured, in the
event of art act, error or
will pay for all damages sus-
(skied by any one 'eng)foyse',
omission, or claim,
Including damages sustained by
apply irrespective of the
such "employee's' dependents
application of the deductible
and beneficiaries, as a result of:
amount.
(a) An ac(, error or omission; or
(d) We may pay any part or all
(b) A series of related acts, er•
of the deductible amount to
effect selhement of
rors or omissions, regard
less of (he amount of time
any
claim or "suit" and, upon
Mat (apses between such
notitication of lila action
taken, you shall promptly
acts, errors or omissions,
reimburse us for such part
of gra deductible amount as
we have paid.
Includes copyrigh(ed material of Insurance
GA 233 IL 02 07 Services Office. Inc., with Its permission. Page 5 of 15
7M
d. Additional Conditions
d. No insured will, except at that in -
As respects Employee Benefit Li-
sured's own cost, voluntarily make a
ability Coverage, SECTION IV -
payment, assume any obligation, or
COMMERCIAL GENERAL LIABIL-
incur any expense without our cop,
ITY CONDITIONS is amended as
sent.
follows:
(2) Item S. Other Insurance is de -
(1) Item 2. Dulles in the Event of
feted in Its entirety and replaced
Occurrence, Offense, Claim or
by the following:
Suit Is deleted in its enlNoty and
5. Other Insurance
replaced by the following:
2. Duties in the Eventof an Act, Error or
If othervalid and collectible
insurance is available to the
Omission, or Claim or Suit
insured for a loss we cover
a. You must see to It Ilial we are nou
under this Coverage Part,
Fred as soon as practicable of an act,
our obligations are limited
error or omission which may result in
as follows:
a claim. To the extent possible, no-
a. Primary Insurance
tice should include:
(1) What the act, error or omission
This insurance is pri.
may except when C.
was and when Itoccurred; and
below applies. If this
(2) The names and addresses of
insurance Is primary,
anyone who may suffer dam-
our obligations are not
ages as a result of the act, error
affected unless any of
or omission.
the other Insurance is
also primary. Then, we
b. If a claim is made or "suit" is brought
will share with all that
against any insured, you must:
other insurance by the
(1) Immediately record the specifics
method described in b.
below,
of the claim or "suit' and the
date received; and
b. Method of Sharing
(2) Notify us as soon as practicable.
I1 all of the other insur-
You must see to it that we receive
ance permits contribu-
lion by equal shares,
written notice of the claim or'suil" as
we will follow [his
soon as practicable.
method also. Under
c. You and any other involved insured
this approach each In -
must:
surer contributes equal
amounts until it has
(1) Immediately send us copies of
paid Its applicable limit
any demands, notices, sum.
of insurance or none of
menses or legal papers re-
the loss remains,
ceived in connection with the
whichever comes first.
claim or ^suit";
If any of the other in -
(2) Authorize us to obtain records
surance does not per.
and otherinformation;
mit contribution by
(3) Cooperate with us in the investi-
aqua[ shares, we will
contribute by Wis.
gation or settlement of the claim
Under this method,
or defense against the "suit",
each insurer's share is
and
based on the ratio of its
(4) Assist us, upon our request, in
applicable limit of in -
the enforcement of any right
surance to the total ap-
against any person or organize
plicable limits of fnsur-
tion which may be liable to file
ance of all insurers.
insured because of an act, error
c. No Coverage
or omission to which this insur-
lines may also apply.
This Insurance shall not
cover any loss for
which the insured Is
Includes copyrighted
material of Insurance
GA 233 IL 02 07 Services office. Inc.,
with its permission. Page 6 of 15
enfitied to recovery un-
der
providing some or all of the
any other insur-
following benefits to 'am.
Vire in force previous
to the effective date of
pioyees", whether provided
through a "Wisteria plan" or
this Coverage Part.
otherwise:
e. Additional Definitions
a. Group life insurance;
As respects Employee Benefit Li-
group accident or
ability Coverage, SECTION V -
health insurance; den -
DEFINITIONS is amended as fol-
tal, vision and bearing
lows:
plans; and flexible
spending accounts;
(t) The following definitions are
provided that no one
added;
other than an -am-
1. 'Administrallon"means:
ployes' may subscribe
to such benefits and
a. Providing information to
such benefits are made
"employees", including
generally available to
"employees'
their dependents and
those who
beneficiaries, with re-
satisfy the plan's eilgi.
spect to eligibility for or
billly requirements;
scope of "employee
b. Profit sharing plans,
benefit programs';
employee savings
b. Interpreting the "em-
plans, employee stock
ployee benefit pro.
ownership plans, pen.
grams';
sion plans and stock
subscription plans,
e. Handling records in
provided that no one
connection with the
other than an "em -
'employee benefit pro-
ployee' may subscribe
grams'; or
to such benefits and
d. Effecting, continuing or
such benefits are made
generally available to
terminating any "em-
all "employees" who
ployee's" participation
aro eligible under the
in any benefit included
pian for such benefits,
In the "employee bene.
fit program.
o. Unemployment insur-
However, "administration
ance, social security
benefits, workers' com-
does not Include:
pensation and disability
a, Handling payroll de-
benefits; and
duclions; or
d. Vacation plans, Inciud-
b. The failure to effect or
ing buy and self pro -
maintain any Insurance
grams; leave of ab.
or adequate limits of
sena programs, in -
coverage of insurance,
cludingg military, mater-
ate -including
includingbut not limbed
nily, famNy, and civil
to unemployment In-
feats tuition assis-
lance plans; lranspor.
surance, social security
benefits, workers' CAM-
!anon and health club
ponsatlon and disability
subsidies.
benefits. (2)
The following definitions are
2. "Caleteria plans' means
deleted in their entirely and re.
plan authorised by applica-
placed by the following:
ble law to allow -employ-
21. "Suit' means a civil pro-
ees' to elect to pay for cer-
ceeding in which money
lain benefits with pre-tax
damages because of art
dollars
act, error or omission to
3. "Employee benefitwhich
pro-
this insurance applies
"Suit"
grams" means o program
are alleged. Includes:
Includes cop hied material of Insuranco
GA 233 IL 02 07 Services 0811, Inc., with Hs permission,
page 7 01 15
a. An arbitration pro-
(1) As respects Water Damage Le-
ceeding in which such
gal Liability, as provided in
damages are claimed
Paragraph 3.b, above.
and to which the In-
surod must submit or
The exclusions under SECTION
does submit with our
t - COVERAGES, COVERAGE
consent;
A. BODILY INJURY AND
b. Any other alternative
PROPERTY DAMAGE LIABIL-
ITY, 2. Exclusions, other than I.
dispute resolution pro-
War and tie Nuclear Energy
ceeding fn which such
Liability Exclusion, are deleted
damages are claimed
and the following are added:
and to which the in.
sured subn>ils with out
Ibis insurance does not apply
consent; or
to:
c. An appeal of et civil
(a) 'Properly damage":
proceeding.
7) Assumed in any con-
e. "Employee' means a per-
tract, or
son actively employed, for-
meriy employed, on leave
2) Loss caused by or ro-
of absence or disabled, or
sultan from an y of the
retired. "Employee" in-
following
eludes a "leased worker".
"C•mployee"
a) Wear and tear;
does not In-
elude a "temporary worker".
le) Rust, corrosion,
2. Unintentional Failure to Disclose Hae
fungus, decay,
deterioration, hid-
ards
den or latent de -
SECTION IV - COMMERCIAL GENERAL
tett or any quality
LIABILITY CONDITIONS, 7. Represen-
in property thal
tations is hereby amended by the addi-
causes it to dam.
lion of the following:
age or destroy it-
self;
Based on our dependence upon your
representations as to existing hazards, If
c) Smog;
unintentionally you should fail to disclose
d) Mechanical
all such hazards at the incapbon date of
breakdown in -
your policy, we will not reject coverage
eluding rupture or
under this Coverage Part based solely on
bursting caused
such failure.
by centrifugal
3. Damage to Premises Rented to You
force;
a. The last Subparagraph of Paragraph
a) Settling, cracking,
2. SECTION I - COVERAGES,
shrinking or ex -
COVERAGE A. - BODILY INJURY
pension; or
AND PROPERTY DAMAGE, 2. LI-
1) Nesting or infests -
ABILITY Exolusions is hereby de-
lion, or discharge
luted and replaced by the following:
or release of
Exclusions c. through q. do not apply
waste products or
to damage by fire, explosion, light.
secretlonc, by in-
ning, smoke or soot to premises
sects, birds, ro.
dents or
while rented to you or temporarily
other
animals.
occupied by you with permission of
Vie owner.
(b) Loss caused directly or indi-
b. the insuranceprovided under- SEC-
rectly by any of the follow -
TION 1 - COVERAGES, COVERAGE
sng.
A. BODILY INJURY AND PROP-
7) Earthquake, volcanic
ERTY DAMAGE LIABILITY applies
eruption, landslide or
to 'property damage' arising out of
any other earth move.
water damage to premises that are
merit;
both rented to and occupied by you.
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc., with Its permission, Page 8 of 1s
V
2) Water that backs up or
overflows from
most we will pay under
a
sewer, drain or sump;
COVERAGE A. BODILY
INJURY AND PROPERTY
3) Water under the
DAMAGE LIABILITY, for
ground surface press•
damages because of
Ing on, or flowing or
properly damage" to
seeping through:
Premisss while rented to
you or temporarily occupied
a) Foundations,
by YOU with permission of
warts, floors or
the owner, Arising out of
paved surfaces;
any one "occurrence" to
b) Basements,
which this insurance ap.
plies,
whethor paved or
not; or
(3) The amount we will pay is om-
c) Doors, windows or
fted as described in Section B.
Limits of Insurance, 3. Dam.
other openings.
age to Premises Rented to
(c) Loss caused by or resulting
You of this endorsement.
from water (hat leaks or
e flows from plumbing, heal.
4. Supplementary payments
ing, air conditioning, orrite
Under SECTION I - COVERAGE, SUP.
protection systems caused
PLEMENTARY PAYMENTS - COVER -
by or resulting from freer
AGES A AND 8:
Ing, unless
a. Paragraph 2. is replaced by file ful-
l) You did your best to
lowing:
maintain heat in the
building or structure; or
Up to the limit shown in Section S.
Limits of Insurance, 4,a. Balt Bonds
2) You drained the
of this endorsement for cost o1 bell
equipment and shut off
bonds required because of accidents
the water supply it the
Or traffic law violations arising out of
heat was not main.
tine use of any vehicle to which rite
tained.
Bodily Injury Liability Coverage ap-
(d) Loss to or damage to:
plies. We do not have to furnish
these bonds.
1) Plmnbltg, heating, air
conditioning, fire
b. Paregreph 4, is replaced by the fob
pro.
faction systems, or
lowing:
other equipment or ap.
All reasonable expenses incurred by
pfiances; or
the insured at our request to assist
2) The Interior of any
us In the Investigation or defense of
the claim or "suit", including actual
building or structure, or
loss of earnings up to the limit shown
to personal property It
the building or structure
It Section B. Limits of Insurance,
caused by or resulting
4,b. Loss of Earnings of this on -
dorsement per day because of tine'
from rain, snow, stoat
off from work.
or fee, whether driven
by wind or not
5. Medical Payments
c. Limit of Insurance
Tine Medical Expense Limit Any One
The Damage to Premises Rented to
of
Person as stated In Ole Declarations is
amended to the limit shown in Section B.
You Limit as shown in tine Declare-
Vans Is amended as follows:
Limits of insurance, S. Medical Pay.
Monts of this endorsement.
(2) Paragraph 6. of SECTION Of -
LIMITS OF INSURANCE is
6, Voluntary Properly Damage and Caro,
hereby deleted and replaced by
Custody or Control Liability coverage
The following:
a. Voluntary Properly Damage Cov-
6. Subject to S. above, the
erage
Damage to Premises
We will pay for "property damage" to
Rented ie' You Limit is the
properly of others arising out of op.
Includes OOpyrighled
GA 233 IL 02 07 Services Office, 1110.,
material of Insurance
will, Its permission.
Page 9 of 16
alt
� �\
V
stations incidental to die insured's
business when:
(1) Damage is caused by Iho im
sured; or
(2) Damage occurs while in the in,
sured's possession.
With your consent, we will make
these payments regardless of fault.
b. Care, Custody or Control Liability
Coverage
SECTION I - COVERAGES, COV-
ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2.
Exclusions, j. Damage to Propertyy,
Subparagraphs (3), (4) and (6) do
not apply to "properly damage" to
the property of others described
therein.
With respect to the insurance provided by
lhic section of the endorsement, the fob
lowing additional provisions apply:
a, The Limits of Insurance shown in the
Declarations are replaced by the Ilm•
Its designated In Section B, Limit, of
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Control Liability Coverage of this
endorsement with respect to Cover-
age provided by this endorsement.
These limits are inclusive of and not
in addition to the limits being re-
placed. The Limits of Insurance
shown in Section B. Limits of Insur-
ance, 6, Voluntary Property Dam-
age and Care, Custody or Control
Liability Coverage of this endorse-
ment fix the most we will pay in any
one "occurrence" regardless of the
number of:
(1) Insureds;
(2) Claims made or "sults" brought;
or
(3) Persons or organizations mak-
log claims or bringing "suits"
b. Deductible Clause
(1) Our obligation to pay damages
on your behalf applies only to
die amount of damages tot each
"occurrence" which are in ex.
cess of the deductible amount
stated in Section B. Limits of
Insurance, 6. Voluntary Prop-
orly Damage and Care, Cus-
tody or Control Liability Cov-
etage of this endorsement. The
limits of insurance will not be re -
GA 233 IL 02 07
V
duced by the application of such
deductible amount,
(2) Condition 2. Duties in the Event
of Occurrence, Offense, Claim
or Suit, applies to each claim or
"suit` irrespective o1 the amount
(3) We may pay any pan or all of
the deductible amount to effect
settlement of any claim or "suit'"
and, upon notification of the as
tion taken, you shall promptly
reimburse us for such pari of Ohs
deductible amount as has been
pail by us.
7. 160 Day Coverage for Newly Formed or
Acquired Organizations
SECTION If - WHO IS AN INSURED is
amended as follows:
Subparagraph a, of Paragraph 4, is
hereby deleted and replaced by the tot
lowing:
a, insurance under this provision is a6
forded only unfit the 160th day after
you acquire or form the organization
or the and of the policy period,
whichever is earlier;
9. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, 9. Transfer of
Rights of Recovery Against Others to
Us Is hereby amended by the addition of
the following:
Wo waive any righl of recovory we may
have because of payments we make for
injury or damage arising out of your on-
going operations or "your work" done un-
der a written contract requiring such
waiver with that person or organization
and Included In the "products -completed
operations hazard". However, our rights
may only be waived prior to the bccur-
1011oe" giving rise to the Injury or damage
lot which we make payment under this
Coverage Part. The Insured must do
nothing after a loss to impair our rights
At our request, Ole Insured will bring -still"
or transfer those rights to us and help us
enforce those rights.
9. Automatic Additional Insured - Speci-
fied Relationships
A- 1110 following is hereby added to
SECTION II - WHO IS AN INSURED:
(1) Any person or organization de-
scribed In
Paragraph 9.a.(2)
below (hereinafter referred to as
additional Insured) whom you
Includes Copyrighted material of Insurance
Services Office, Inc., with its permission. Page 10 of 15
are required to add as an addi'
flat( of such additional
lional Insured under this (;over-
Insured,
age Pan by reason a
(a) A written contract or
(b) Any parson or organization
from
agreement; or
which you lease
equipment with wtwm you
(b) An oral agreement or torr
have agreed per Paragraph
tract where a certificate of
9•a,(1) above to provide in
insurance showing that per.
surance. Such person(s) or
son or organization as an
organization(s) are insureds
additional insured has been
solely with respect to their
issued,
liability arising out of the
maintenance, operation or
is an insured, provided
use by you of equipment
(a) The written or oral comma
leased to you by such per-
or agreement is:
son(s) or organizations(s),
However, this Insurance
1) Currently in effect or
does not apply to any "oc
becomes effective
ourrence' which takes place
during the policy Pa.
after the equipment lease
riod; and
expires -
2) Executed prior to an
(c) Any Person or organization
"occurrence' or offense
Warred to below as ven.
to which this insurance
dor) with whom you have
would apply; and
agreed per Paragraph
9.11.(1) above to provide In
(b) They are not specifically
surance, but only with re.
named as an additional In-
$pact to "bodily injury" or
sured under any other pro-
'Property damage' arising
vision of, or endorsement
out of "your products" which
added to, this Coverage
are distributed or sold in the
Part,
regular course of the ven-
(2) Only the following persons or
dor's business, subject to
the following additional ex -
organizations are additional in.
clusions;
sureds under "Its endorsement,
and insurance coverage pro.
1) The insurance afforded
vided to such additional in-
the vendor does not
sureds Is limited as provided
apply to;
herein:
a) 'Bodily injury' or
(a) The manager or lessor of a
'property damage"
premises leased to you with
for which the van•
whom you have agreed per
dor Is obligated to
Paragraph 9.a.(1) above to
pay damages by
provide Insurance, but Only
reason of Ilia as -
with respect to liability ads.
sumption of liabil-
Ing out of the ownership,
icy in a contract or
maintenance or use of that
agreoment. This
pan of a premises leased to
exclusion does not
You, subject to the following
apply to liability for
additional exclusions:
damages that the
This insurance does not
vendor would
have in the ab•
apply to:
sence of the con-
t) Any occurrence"
tract or agree -
which takes place after
ment;
you cease to be a ten.
b) Any express war
ant in that premises.
ranty unauthorized
2) Structural alterations,
by you;
new construction or
c) Any physical or
demolition operations
chemical change
performed by or on be-
in the product
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office. Inc., with its permission.
Page 11 Otis
made intentionally
companying or
by the vendor;
containing such
d) Repackaging, un-
products; or
less unpacked
b) When frabllity in -
solely for the pur•
cluded within the
pose of inspection,
"products,
demonstration,
completed opera -
testing, or the
tions hazard" has
substitution of
been excluded
parts under in-
under this Cover-
structions from the
age Pan with re-
manufacturer, and
spact be such
then repackaged
products.
In the original
container,
(d) Any state of political subdi-
vision with which you have
e) Any failure to
agreed par Paragraph
make such In-
9.a.(1) above to provide in-
spections, adjust-
surance, subject to the fol•
merits, tests or
lowing additional
servicing as the
provision:
Vander has
This Insurance applies only
agreed to make or
will, respect to the following
normally under-
hazards for which the state
takes to make in
or political subdivision has
the usual course
issued a permit In conneo-
of business, in
tion with promises you own,
connection with
rent or control and to which
the distribullon or
this Insurance applies:
seta of 1116 prod.
UCt6;
1) The existence, malnta-
nanca, repair, torr
n Demonstration, In-
struction, erection, or
Mediation, sorvic-
removal of advertising
ing or repair op,
signs, awnings, caro-
eraliOns, except
Pins, cella, entrance&,
such operations
coal holes, driveways,
performed at the
manholes, marquees,
vendors premises
hoist away openings,
in connection with
sidewalk vaults, street
the sale of the
banners, or decora-
producl;
tions and similar expo.
g) Products which,
sures; or
after distribution or
2) The construction, erec-
sale by you, have
11011, or removal of ele-
been labeled or
valor s: or
relabeled or used
as a container,
31 The ownership, mnin-
pan or ingredient
tenance, or use of an
of any oCher thing
thing
elevators covered by
or substance by or
this insurance.
for the vendor.
(o) Any state or political subdi-
2) This Insurance does
vision with which you have
not apply to any In-
agreed per Paragraph
sured9•a.0)
person or or-
above to provide in-
ganisallorc_
surance, subect to 010 fol.
ons:
lowing provis
b) From whom you
have acquired
1) This insurance applies
such products, or
only with respect to op -
any ingredient,
orations performed by
pan or container,
you or on your behalf
entering Into, ac-
for which the state or
Includes copyrighled maledal o1 Insurance
\G^A 233 IL 02 07 Services Office, Inc., with its permission. Page 12 of 15
Y"
Political subdivislah has
Issued a
Out of the sole negfigance
permit.
or willful misconduct of the
2) This Insurance does
additional insured or their
not apply to "bodil in-
agents, 'employees" or any
jury", 'property dam-
other representative of the
age" or "personal and
adtiillonal insured; or
advertising injury" aris.
(e) Subparagraph (1) does not
ing out of operations
performed for the slate
apply to "bodily injury',
°property damage" or -per"
or political subdivision.
sonal and advertising Injury'
(1) Any person or organization
arising out of:
with which you have agreed
per Paragraph 9.a.(1)
1) Detects in design far.
above to provide Insurance,
but only with respect to fi•
nished by or on behalf
of the additional !it -
ability arising out of "your
sured; or
work° performed for that
2) The rendering - of, or
additional Insured by you or
failure to render, any
on your behalf. However,
professional archilec-
the City of Chicago, Its otd-
tura), e11941eering or
cars, employees and
surveying services, bl•
agents are not Insureds
eluding:
With respect to liability
caused by or arising from:
a) Tits preparing,
1) The building or divas-
approving or fail
ing to prepare or
semblyy of scaffolding
approve maps,
by or for you; or
shop drawings,
2) Thuse of such scat•
opinions, reports,e
folding.
surveys,
surveys, field or.
change or -
A person or organization's
ders or drawings
status as an Insured under this
and specifications.
Provision of this endorsement
and
continues for only the period of
b) Supervisory, in.
time required by the written
contract or agreement, but in no
speellon, archi.
event beyond Ole expiration
tectural or engY
nearing activities.
date Of this Coverage Pan. If
there Is no written contract or
3) "Your work" for which a
agreement, or If no period of
consolidated (wrap.up)
time is required by the written
Insurance program hes
contract or agreement, a person
been provided by Hie
or organization's status as an
primecontrador-project
Insured under this endorsement
manager Or owner of
ends when your operations for
the construction project
that Insured are completed,
in which you are in.
Any provided
(3) An insurance en
volved
additional insured designated
n
b. Only
y with regard to insurance pro.
under Paragraph 9,aipy
vided to an additional insured desig.
(a) Subparagraphs (e) and (Q
nated under Paragraph 9.a.(2) Sub.
paragraph (f) above, SECTION III •
does not apply to bodily
injury or "property damage'
LIMITS OF INSURANCE Is amended
inducted within Ole "prod-
to include:
ucls-completed operations
Tho limits applicable to the additional
hazard";
Insured ate those specified in the
(b) Subpvagrephs (a), (b), (d),
written contract or agreement or in
file Declarations of this Coverage
(e) and (f) does not apply to
bodily injury", property
Part, whichever are less. It no limits
damage" or "personal and
are specified in the written contract
advertising injury" arising
or agreement, or if there is no writer,
contract or agreement, the limits ap-
Includes copyrighted
GA 2331L 02 07 Services Office, Inc.,
material of Insurance
with its permission. Page 13 of 15
pticabl a to the additional insured are
II a written contract or
dorso specified Irs the Declarations of
[Ills Coverage Part. The limits of in-
agreement belween you
surance are inclusive of and not in
and the additional Insured
specifies Olaf coverage for
addition to the limits of Insurance
shown in die Declarations.
due additional Insured:
c. SECTION IV - COMMERCIAL GEN-
a- 130 provided by the in-
ERAL LIABILITY CONDITIONS is
surance Services Of -
fire additional insured
hereby amended as follows
form number CG 20 10
(t) Condition 5. Other Insurance is
or CG 20 37 (where
amended to include:
edition speoided); or
(a) Where required by a written
b. Include coverage for
contract or agreernenl, this
completed operations;
insurance is primary and f
or
or noncontributory as m-
spools any other insurance
c. Include coverage for
•yourwork•;
Policy issued to the addi
tional fissured, and such
and where the limits or cov-
other insurance poky shall
erage provided to the addl.
be excess and / or ooncon•
lional insured is more re•
tribudng, whichever applies,
strictive than was specifi-
wilh this insurance
tally required in that written
(b) Aninsurance provided by
contract or agreement, they
terms of Paragraphs
this endorsement be
9.a.(3j{a), 9.a.(3)(b) or 9.b.
sura
availabprimary b either insurance
the additional
above, or any combination
insured c
Insured except:
thereof, shall be Interpreted
as providing Ole limits or
1) As otherwise provided
coverage required by the
In SECTION IV -
forms of the written contract
COMMERCIAL GEN-
or agreement, but only to
ERAL UABIUTY
the extent that such limits or
CONDITIONS, 5, Other
coverage is included within
Insurance, b. Excess
One terms of due Coverage
Insurance; or
Part to which this endorse-
ment is attached. 11, how-
l) For any other valid and
ever, the written contract or
collectible Insurance
agreement specifies the In.
available to the act&
surance Services Office
tional insured as an
addlllonal insured form
additional Insured by
number CG 20 10 but does
attachment of an en-
not specify which edition, or
dorsement to another
specifies an edition that
Insurance poky that is
does not exist, Paragraphs
written on an excess
9.a.(3)(a) and 9.a.(3xb) of
basis. In such case,
this endorsement shall nor
the coverage provided
apply and Paragraph 9.b. of
under this endorse.
this endorsement shall ap.
ment shall also be ex.
ply.
cess.
10. Broadened Contractual Usbilily - Work
(2) Condition 11. Conformance to
Within 50' of Railroad Property
Specific Written Contract or
Agreement Is hereby added'.
It is hereby agreed that Paragraph I. 1 of
Definition 12. "Inured cotrac(SEC.
11. Conformance to Specific
TION V - DEFINITIONS) is deleted.
Agreement Contract or
9eement
11, Ptoperly Damage to Borrowed Equip.
meat
With respect to additional p. The following Is hereby added to Ex -
insureds described in Para- ctusion Dpm
graph 9.a.(2)(t) above only Paragraph 2., Exclusions of e to rSEC.
TION I • COVERAGES, COVERAGE
Includes copyrighted materiel of Insutance
GA 233 IL 02 07 Services Office, Inc., with its permission, Pago 14 of 15
V_'�\
A. BODILY INJURY AND PROP.
ERTY DAMAGE LIABILITY.
Paragraphs (3) and (4) of this exclu-
sion do riot apply to tools or equip.
Mont loaned to you, provided they
are not being used to perform opera-
tions at the lime of loss.
b. With respect to the insurance pro-
vided by this section of the em
dorsement, the following additional
provisions apply:
(1) The Limits of insurance shown
in the Declarations are replaced
by the fimits designated fn Soc.
lion B. Limits of Insurance, 11.
of this endorsement with respect
to coverage provided by this
endorsement. These limits are
inclusive of and not in addition to
the limits being replaced. The
Limits of Insurance shown fn
Section B. Limits of Insurance,
11, of this endorsement fix the
most We will pay in any one 'oc.
currenco" regardless of the
number of:
(a) Insureds;
(b) Claims made or 'suits"
brought, or
(c) Persons or organl2allons
nicking claims or bring
suits'.
(2) Deductible Clause
GA 233 IL 02 07
v��
(a) Our oblfgallon to pay dam.
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which aro in excess of the
Deductible amount stated in
Section B. Limits of Irl
once. 11. of this endorse-
ment. The limits of insur-
ance will not be reduced by
the application of such Do
ductlbie amount.
(b) Condition 2. Duties in the
Event of Occurrence, Of-
fense, Claim or Suit, ap.
plies to each clafm or "cull"
Irrespective of the amount.
10 We may pay any pen or all
of Vie deductible amount to
effocl sehlemenl of any
claim or "suit' and, upon
notificalfon of the action
taken, you shall promptly
reimburse us lot such pari
of the deductible amount as
has been paid by us.
12. Employees as Insureds - Specified
Health Caro Services
II is hereby agreed that Paragraph
2.a.(1)(dof SECTION II - WHO fS AN
,
INSURE does not apply to your "em-
ployees" who provide professional health
Cara services on your bohalf as duly If.
consod:
a. Nurses;
b. Emergency Medical Technicians, or
c. Paramedics,
In the jurisdiction whore an "occurrence"
or offense to which this insurance applies
takes place.
13. Broadened Notice of Occurrence
Paragraph a. of Condition 2. Duties in
the Event of Occurrence, Offense,
Claim or Suit (SECTION IV - COMMER.
CIAL GENERAL LIABILITY CONDI-
TIONS) is hereby deleled and replaced
by the following:
a. You must see to It that we are noli-
lied as soon as practicable of an
'occurrence" or an offense which
may result in a claim. To the extent
Possible, notice should include:
(1) How, when and where the 'oc-
currence" or offense took place;
(2) The names and addresses of
any injured persons and wil-
nesses;and
(3) The nature and location of any
injury or damage arising out of
the "occurrence' or offense.
This requirement applies only when
the "occurrence" or offense is known
to an "authorized representative'.
Includes copyrighted material of Insurance
Services Office, file., with Its permission. Page 16 of is
EXHIBIT B
Services & Fees Proposal
Nolo f -M f"ecs REPLACE. GC Fees � 1101 add anoirler layer
Gak_ Brook_Police
Sally Port & Detention Area + Electrical Upgrades
Anticipated Project Budget $2.5 Million
Anticipated Bidding: Fall 2017
Pre -Construction Management Services
This phase typically begins with the preliminary or conceptual design and ends with the completion of the bid
Process and securing of permits. Our services include, but are not limited to, the following.
1. Review pricing & cost projections
2 —Ttaek and evakratesasfs fhreuQfr�esign
9.
10.
Scope of work preparation
Prepare cash flow schedule
a-- vefeps W'
4—A48far4al941Bd4methadsevalualien
11.
Compilation of a qualified bidders list
\r—
5. Identify and secure long lead items
12.
13.
Bid solicitation – public bid process
Thorough in-person evaluation of bids
6. Attend coordination meetings
14.
Financial stability review of bidders
7. Develop detailed phasing plans
15.
Bid summary presentation to owner
8. Schedule preparation and evaluation
The Lump Sum Fee is based on the drawings being complete at the time of contract. We have reduced our
cost to $4,900 based on the reduced schedule for budgeting and bidding, This fee includes all personnel
costs associated with this phase.
Construction Management Services
This phase begins after the successful bidders are established and the necessary permits are in hand. Our
services include, but are not limited to, the following
1. Contract preparation
2. Subcontractor pay request review and
compilation
3. Manage all shop drawings and RFI's
4. Hold weekly progress meetings
5 Attend regular update meetings as needed
6. Construction scheduling & expediting
7. Control costs – keep the value
8 On-site supervision & coordination
9 Safety monitoring
10. Quality evaluation
11. Client and Architect updates
12. Expedite substantial completion
13. Coordinate permitting and Inspections
14. Obtain closeout documentation including
warranties
15 Occupancy Permitting
These services are typical for most construction projects. At times other needs may arise and we will help our
customers in any way that we can. We are service oriented. Our fees for this phase of work are as follows:
v'
Oak Brook Police Addition
Page 1 of 2
819117
AW 8110
law
Services & Fees Proposal mcnurt .
NO* Cr; r 9e3 r?[F'L ACP GC Foes - not add anotlter tayei
Construction Fee - This fee covers general overhead and profit for the project. For a project of this size, our
fee would be 3.8% of Construction Costs. The construction costs are the sun of all the subcontractor costs
and the costs of the staffing and general expenses as outlined below.
General Liability Expense - For the portion of our standard general liability insurance expense attributable to
this project, our cost is 0.750/6 of the construction costs. Additional coverage including project specific
insurance can be provided at additional cost.
Project Staff Expense - The cost of the project management staff including on-site supervision as well as
related office and communications expenses for this project will vary with the duration of the project. The on-
site superintendent wilt be full -lime based on the work taking place and the needs of the village. The duration
of the project will be determined by the phasing - if any - of the work as well as the availability of the materials
and equipment. Shales McNutt Construction is committed to and has an excellent track record in minimizing
lire duration of our projects and therefore minimizing this expense. Once the scope of work and the level of
supervision required are established, this cost can be calculated and converted to lump sum commitment from
Shales McNutt Construction. For calculating this cost, our rates are as follows:
Project Executive $136/hr
Project Manager $131/hr.
Superintendent $125/hr.
Asst. Project Manager $981hr.
Contract Administrator $851hr.
General Expenses There will be costs associated with general conditions that are typical for all construcfion
projects (dumpsters, temporary signage, intermittent clean-up, etc.). These items may be procured in a
number of different ways at the owner's discretion. For a project like this, Shales McNutt Construction
recommends that these items be secured through the competitive bidding process or the owner may choose to
provide them directly with existing vendors. We will review these costs with the Village and tailor a plan that
best fits the needs of the project.
Savinas
At Shales McNutt we believe strongly in partnering Willi our clients to provide construction services. To that
end we are convinced that returning 100% of all savings from the project is the correct approach. Sharing the
savings between the contractor and owner can create a mixed message or motive that we do not want to be a
part of.
Clarifications
Please note that the following items may need to be a part of the project, but we believe are best handled as
being paid direct by the client and are not included above:
1. Plan Reproduction Costs 3. Project Specific Insurance (bidrs dsk)
2. Building Permits and Fees 4. Performance and Payment Bond
Oak Brook Police Addition page 2 of 2 019117