PD Renovation Project Pre Construction Services AgreementVILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the VSday, of, 2017 (Agreemnrt'l, and is by and between the VILLAGE OF
OAK BROOK. 1200 Oak Brook Road, Oak Brook, Illinois. 60523 an Illinois municipal corporation ("67Bage"), and SHALES
MCNUTT LLC 425 Renner Drive, Elgin, Illinois 60123 ("Consultant').
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the
Village's statutory powers, the parties agree as follows:
SECTION I. SCOPE OF SERVICES. The Village
retains the Consultant to perform, and the Consultant agrees to
perform, all necessary services to perform the work in
connection with the project identified below ("Services").
which Services the Consultant shall provide pursuant to the
terms and conditions of this Agreement:
Pre -Construction Management Services for the V(Ruge of
OaA BrooA Police Detention Zone RenovatioN4ddillon
Project as more fully described in the attachment dated
August 15, 2017
SECTION 2, TIME OF PERFORMANCE. fhe
Consultant shall perform the Services as mutually agreed upon
by the Village and Consultant ("Time of Performance").
SECTION 3. COMPENSATION.
A. Aereemenl Amount. The total amount billed
by the Consultant for the Services under this Agreement shall
not exceed 54,900.00, including reimbursable expenses.
without the prior express written authorization of the Village
Manager
B. Taxes, Benefits, and Royalties. Each
payment by the Village to the Consultant includes all
applicable federal, stale, 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 Consultant.
SECTION 4. REPRESENTATIONS OF
CONSULTANT. 'fhe Consultant represents and certifies that
the Services shall be performed in accordance with the
standards of professional practice. care, and diligence
practiced by recognized consultants in perforating 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 Consultant further represents that it is financially solvent,
has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the
Services in a manner consistent with the standards of
professional practice by recognized consultants providing
services of a similar nature. The Consultant shall provide all
personnel necessary to complete the Services.
SECTION S. INDEMNIFICATION: INSURANCE:
LIABILITY.
A. Indemnification. The Consultant proposes
and agrees that the Consultant shall indemnify and save
harmless the Village against all damages, liability, claims,
losses, and expenses (including attorneys' fee) that may arise,
or be alleged to have arisen, out of or in connection with the
Consultant's performance of, or failure to perform, the
Services or any pan thereof, or any failure to meet the
representations and certifications set forth in Section 4 of this
Agreement.
B. Insurance. The Consultant acknowledges
and agrees that the Consultant shall, and has a duty to.
maintain adequate insurance, in an amount, and in a font and
from companies, acceptable to the Village. The Consultant's
maintenance of adequate insurance shall not be construed in
any way as a limitation on the Consultant's 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 Consultant as the
result of the execution of this Agreement.
SECTION 6. GENERAL PROVISIONS.
A. Relationship of the Parties. The
Consultant shall act as an independent contractor in providing
and performing the Services. Nothing in, nor done pursuant
to, this Agreement shall be construed to: (1) create the
relationship of principal and agent, employer and employee.
partners, or joint venturers between the Village and
Consultant; or (2) to create any relationship between the
Village and any subcontractor of the Contractor.
B. Conflicts of interest. The Consultant
represents and certifies that, to the best of its knowledge: (1)
no Village employee or agent is interested in the business of
the Consultant or this Agreement; (2) as of the date of this
Agreement, neither the Consultant nor any person employed
or associated with the Consultant has any interest that would
conflict in any manner or degree with the performance of the
obligations under this Agreement: and (3) neither the
Consultant nor any person employed by or associated with the
Consultant shall at any time during the term of this Agreement
obtain or acquire any interest that would conflict in any
manner or degree with the performance of the obligations
under this Agreement.
C. No Collusion. The Consultant represents
and certifies that the Consultant is not bared from contracting
with a unit of state or local government as a result of (1) a
delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant 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 1142.1.1 et seq. of
the Illinois Municipal Code, 65 ILCS Sit 142.1.1 et seq.; or
(2) a violation of either Section 33E-3 or Section 3313-4 of
Article 33E of the Criminal Code of 1961, 720 ILLS 5133E -I
et seq. War any time it shall be found that the Consultant
has, in procuring this Agreement, colluded with any other
person, firm, or corporation, then the Consultant shall be liable
to the Village fix all loss or damage that the Village may
suffer, and this Agreement shall, at the Village's option, be
mill 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 Consultant.
In the event that this Agreement is so terminated, the
Consultant shall be paid f'or Services actually performed and
reimbursable expenses actually incurred, if any, prior to
termination, not exceeding the value of the Services
completed,
E. Compliance with Laws and Grants.
Consultant 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 permits. licenses, or other approvals
and authorizations that may be required in connection with
providing, perfomning, and completing the Services, and wish
all applicable statutes, ordinances, rules, and regulations,
including without limitation the Fair Labor Standards Act; any
stances regarding qualification ar do business; any statutes
prohibiting discrimination because of, 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 err seq., and the Illinois Human Rights Act, 775 ILLS
511-101 et seq. Consultant shall also comply with all
conditions of any federal, state, or local grant received by the
Village or Consultant with respect to this Contract or the
Services. Consultant shall be solely liable for any 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 Consultant's, or its
subcontractors, performance of, or failure to perform, the
Services or any pan thereof. Every provision of law required
by law to be insetted into this Contract shall be deemed to be
insetted herein.
F. Default. if it should appear at any time that
the Consultant 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
with 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 ("Fvent of
Defaull"), and ('ails to cure any such Event of Default within
ten business days after the Consultant's receipt of written
notice of such Event of Default from 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 Consultant,
any and all costs, including attorneys' fees and administrative
expenses, incurred by the Village as the result of any Event of
Deli ilt by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
G. Assignment. This Agreement may not be
assigned by the Village or by the Consultant without the prior
written consent of the other party.
H. Ngfig. All notices required 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 certified mail. return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, notices shall be deemed
received upon the earlier of: (a) actual receipt; (b) one
business day atter deposit with an overnight courier as
evidenced by a receipt of deposit; or (c) three business days
following deposit in the U.S. mail, as evidenced by a return
receipt. Notices and communications to the Village shall be
addressed to, and delivered at, the follovving address:
Village of oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: James Kruger, Police Chief
Notices and communications to the Consultant shall be
addressed to, and delivered at, the following address:
Shales McNutt LLC
425 Renner Drive
Elgin, Illinois 60123
Attention: John Shales. Vice President
1. Waiver. Neither the Village nor the
Consultant shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall
determine to be in its best interest from time Io time. The
failure of the Village or the Consultant to exercise at any lime
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 Consultant's right to enforce such rights or any other
rights.
J. Third Party Beneficiary. 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 this Agreement conflicts with any tern or
Provision of an attachment or exhibit to this Agreement, the
terms and provisions of this Agreement shall control.
L. Governine Laws This Agreement and the
rights of Owner and Consultant 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 for any legal
action arising in connection with this Agreement shall be in
The Circuit Cour of DuPage County, Illinois.
M. No Disclosure of Confidential Information by the
Consultaal. The Consultant acknowledges that it shall, in
performing the Services for the Village under this Agreement.
have access. or be directly or indirectly exposed, to
Confidential Information. The Consultant 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 Consultant shall use
reasonable measures at least as strict as those the Consultant
uses to protect its own confidential information. Such
measures shall include, without limitation, requiring
employees and subcontractors of the Consultant to e.recute o
non -disclosure agreement before obtaining access w
Confidential information.
x11561377 I
EXHIBIT A
(Attuchn+eul doled August 15, 7017)
AIA
Document A105'a — 2017
Standard Short Form of Agreement Between Owner and Contractor
AGREEMENT made as orthe rineemh day rl Augu,t I limmind and
Sevalccn
(M u»nh, f/aJierae rkry, mond, ma/y>crrsl
ADDITIONS AND DELETIONS:
BETWEEN the Ownac
The Sunda, of this docuOmm hss
(Nnme. legal31,1N.r. (/ddnsj rout Wkn' JnJnrnaalan)
added Infamallon needed for Its
cornptalon The suave, may Wo
Village of (Alk Brink
haw reved the lard of the oripinal
1200 Oak Ik" Read
ALA Standard form An Adwiona and
Oak ilrml,, 11. 60521
Dahhons Report that roles added
4d.ma on as was as revtam to
the standard form I" h waaado
from the Whor and Mara he
re4"ed A wreul ire In MO left
and ale t counctre;
rnarain of the occurrent Indic Nes
(Name. Iegrfl.T/r//1R[ (alrkY'.ts N/rrJ MIk9 Ilginllll/IrNlf
''��
where Me arab. has added
neCaatay NfOrnwen and where
Shales McNutt LI U
the author has added Io. deleted
425 Renner Drive
from the .genal AIA text
Fight, 11. 60121
I his doarmanl has anpUdanl Wiper
ceruegcences comuNwor, wit, an
ate,riey is ancaapeC with respect
10 IM completion or moolkaton
fin the following I4ujecl:
Odom IM'dirur mAl rk•lr/llt•Jtk•Nriplirut/
Village oftMk Wool, Police UNcntim Impruvcnronts
1Lc Architect:
(Nnan', legol s/,111, ekbess a/"I rgla'r k//rwaeairul)
Williams Architects
500 Park Ilualevard, Suite goo
Musca. 11. 60147
I IDc Ow nor and ('otnlachu slit" as follows.
Intl AIA Dxunnnl A106'• tel}. Conrnahl a 1481 IDal and n V by Ire an�m.:an InLLbac el &"tnrb air rlphb ".n,so. .
rnis dmnrt[nl
f ores paawfdel AlA sOaarsNaa la tlan Od}p}01l�ndei D•ddh'o 60641064ir tM¢nor[tes on l)qt/t01/and lsnalld rtrYe
IhN Nd01:
(I446113p59)
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3 CONTRACT SUM
4 PAYMENTS
5 INSURANCE
6 GENERAL PROVISIONS
7 OWNER
6 CONTRACTOR
9 ARCHITECT
10 CHANGES IN THE WORK
11 TIME
12 PAYMENTS AND COMPLETION
13 PROTECTION OF PERSONS AND PROPERTY
14 CORRECTION OF WORK
15 MISCELLANEOUS PROVISIONS
16 TERMINATION OF THE CONTRACT
17 OTHER TERMS AND CONDITIONS
ARTICLE 1 THE CONTRACT DOCUMENTS
I he (1a11racla :lmll Ca9nPlch+ lite Work dl`vc1 ilr d in the 1'agllmo I )Ixmnlen(s Im lite 14agecl 'I he Contract
Ikcunlcnw c.Hlsisl of
.1 Iii+ Agrcemcln signttl b) lie Usrnu and Conhnclalr;
2 Illi' dra vine and sjx%'I lleai an, lxg4t Cd h) III, Arddli CI, d111ed Fehrin r) IS, 2017 , and
enonlmlcd as follows
UrnSingc
Number Title Date
See Exhibit A
Sr,ocilientiolm
Seclion Title Pages
See I..riibil A
.3 Hddcnda Plcimml b) lie Arddirvi n. folbws
Intl. Map ijrnarlrkl"'•-9ML(19I,VIHE 1993 JMi9nJJ0IIb, ina Amerrfm b9aAeWN[llilecM NlrlpM9mmM. w•fn'✓. n.4+
r was mWw"by AU aollxao IN la 17on9e'JJ/Joli 91a91rOda,/:oe099a05936 I1NJ[h ff9uafm IJNIYl011 nMNnGbreftl9
Ur n"o., (14a94g559)
Number Date Pages
.4 written orders fur changes in the 1Vork, pursuant to Article 10, Issued after execution ollhis
Agreement; and
.b other documents, if any, identified as, follows:
Shaks McNutt Prupesal dated August 9, 201181111 attached as hshibit it
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 2.1'm, Contra Time Is lite number of ebnder days available to the Contrncrol at suhsmnuially complete the
Work.
12.2 Date W Commencement:
thdess ulllerwisc xi funh [view. Ile dole al eouenrnccotenl Jmll IAe the dale of Ibis Age nlenl.
(Pantpinginlu deleled)
§ 2.3 SubalatltlilCompletion:
Subject to adjustments of the Contract I hike as provided in lite Co lroo Documents. lite Connector shall achieve
Substantial Clmplelioy as defined in Sa'c4flm 12.5, of the entire Work:
fl'hecol lir retpnquiate bar vul conrpletr tla• ne eisury l
X 1 Nol lata titan Nincty (90 1 rnlrn<ilr rinys frdrrt Ihr dale of anlmcamm�rnl.
1 1 Dy Ibc following dnlc:
ARTICLE 3 CONTRACT SUM
§ 3.1 11le Contract Sinn shall inchale all itcos And services nrcisuuy fur the Irolle execution and emplelum of
the Irre-C'ovtmctiot Management Service Rx outlined in Exhibit R . Subject to additions and deductions fn
ft%wdancc with Article 10, the Contract Sum Is:
fou 1 holsantl Nine I Imtdrrd I hillars IS 4.900 nal I
13.2 For purpose of payment, the C'otmact Sutn indudcs IIx following vnlue related to porlions of lite Work:
(lrmreniphl deleredO
(fable delrledl)
N/A
(%able delewo
(PurugnViln deleted)
((ahte rkleted)
(Parasngtits rkleleu)
ARTICLE 4 PAYMENTS
§ 4.1 Ibascd on Co tract is Applicalflmn fin Paynasn certified by the Archilco. the (homer shall pay the
('amracto, in accordance will Article
(Pantgrrrplu drleterQ
11 no the cunplefion of acrvfaa.
§ 4.2 Paylnetty dna: and unpaid untkr lite ('orund Ihcunncnls %hall bell, interest from the dale paynanl is dna tit
the legal rale prevailing at the place ol'lhe Project.
(Ponernrpiu deleted)
ARTICLE S INSURANCE
§ 5.1 file ('ornmcto shall maintain insolence a nit the expirrllion of the Ircdol bo correction of Work as set forth
in Section 14 2. m limits as defined in Exhibit ('Insurance Certificate
bn. AlA n Unit Ann- - MV COprna10O 1993 ,aajA MU by ipe Amlriran baeNle d✓MNYCId Nlrlehb HUrvae. waa�, In:, Ya'
,..yy l u d„ 1M,11Mnn
0. QA*
MiJ •eY„i. a . •,IeM aoulle Nae, Ma 118 ThadlLYlpnl
l wasp:Muae t,1 ML.a,/m,aoal0a ra 11 a�aW2M lr write,Olen Rv 60821059)8 lwh[r mp,esa, 12MWaa M04Adb naafi
U... NW..
1IAa811350)
(I'arughgrlu fielded)
(TaAle delc/ed)
(PataglrVphr rklete l)
ARTICLE g GENERAL PROVISIONS
§ 6.1 The Contract
The Coaracl rclwmilts the "hire and integrated agrmrnarl betwccn the Parties and suliffudes prior iwgolielims
representations a agrmlWnls, either written of oral The Contract Duty be Rmcnded or modified may by a wrillen
modification bl ncardancc with Article 10.
y &2 The Work
'Ihc Ism "Work" means Ihc serviav onllinttl in bahibil N lin ihe4'aulrudim Manngcmad services ,and
IFICItidea all other labor, materials, equipment. mud services provided, Or to be provided, by the Contractor to fulfill
the Conlredor's obligations.
§ 6.7 Intent
The intern of [lie Contract thlevillenls is to hlelude all items necessary fm fine propel executim std clxnpldion of
file Work by the Com actw. The ('onlracl Ihcumerrts areeonlplemquary, and what is required by one shall be as
binding As i f required by all.
§ 6.1 Ownership and Use of ArchkaPs Drawings, Specifications and Other Documents
Iklamlenls praTmrarl by the Architect are hrslmnl"ns offile Archhcet's service for rise solely with respW to This
Pmjcq.'Ihe Ardlittei shall retain all mmnln law, smmsory, and Other reserver) rights, including Ihc cupyrighl. The
('mlractOr, sllhmnlrertws, sub•subconlndors, and suppliers are nnhorlie d to ase and reproduce the instruments of
service solely and exclusiscly for exccutior of Ihc Work. The insir nlerns of ssxvice may, not be used for other
1'rojeeas or for additions to this Project onside Ihc scope of the Work wilboul Ihc specific wrillar aonaqu of Ihc
Anidlat
§ "' Electronic Notice
Written notice under this Agnsvnat may be given by we pony to the other by
(Pasrrgmphl delvic l)
Contra.
ARTICLE 7 OWNER
§ 7.1 Information and Sennas Required of the Owner
Ifraqucsled by Ilse (Y411fachor, lite Owner shRll liunidl all naavnry sal veys awl u Iegnd dewrilmiori of Il,e
911C.
§ 7.1.2 I!Accpt rim llernhib and fca, model sactim 5.1 I first ac Ihc'cslrolsibihify of Ihc ('wiles Ux, Ihc Owls" dhall
obtain and pay fur Otl,cr nanssory opprovnls, CosenWnts, asxcsmahls, and dmrgee
§ 1.1.2 Nor lel vrnmerhwnenl of the Work, at Ihc is, itiah equal mf Ibc Conlreaw, file Own" shall furnish lel the
Coolusel r reasonable cvidavce limit he Own" las made fnnnncird anangcrrlmis lel fulfill the Owner's obligations
un lff Ihc Contnld.'I he Cottm Dv small hove no obligation lel cunrnenati lite Wwk until the Owner lumidcs sudl
evidence
§ 7.2 Owner's Right to Slop lila Work
if Ihc Conlrncus fails to crarecl Work which is nul in ac"sdnace will, the Conran IAevmerhb, file Owna may
dimcl the Conlrador in wiling ton slop the work until the co rcctim is n,it,.
§ 7.3 Owners Right to Carry out *9 Work
11 the ('or tracbm dufiudls o neglects lu curry Out Ihc Wiwi in nrxordance with the ('mtroul 1 kWunans and foils
within a sevah day Period ager recelpi of written notice from the (hem to commence and continue concretion of
such dcfooil on nagicef will, difigence and prmupness, the Owner may, without prejudice to Other mme dies, cored
snc'b dcficiencie, In still' case, lite Archi4ci may wilhhold Or nullify, a Certificate for poylnau In whole or in Pon.
lel Ifs extrnl reRamnidy nacessnry It, reimburse the (Moa fur Ihc tint of cwreclimo, pnwided the nclhav of the
Oona said amounts chortled it, the ('mtroclw were appnved by Ihc Architect
Ism.
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,: m • ,a..1. u,«.1 eo...r a >,dv P. .. rblr aorllnaM
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uro Mohr
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§ 7.1 owner's Right to Perham Construction and to Award Separate Contracts
§ 1,4-11 he ()%voer reserve] die right la perform ealsirucli"r or opera axis rclui xi In the Nojec, with the( )vncr's
awn fords, And In nwmd sepaims, etnlmds in coaiedion will, Mlle, pniilns of the Project
§
7,11.2 the ('anractol shall o:oordivate and axpemlc with the Ow 'Li's own furecw and sgiarate contractus
onployv i by the Owner.
ARTICLE 8 CONTRACTOR
§ 8.1 Review of Contract Documents and Fled Conditions by CotlrMor
§ 11A.1 Execulim of the ('on(racl by the coninclr is a nprcxvlation Ihaf the C"Tlmoru, has visited Ila site,
beco n; familiar with local conditions under which Ila Work is fish,- Perfumed, and ormlid d p"mal
olaervnions will, rcgniremrnls of rile Contract Documents.
§ 8.1.2 the (uMmcar shall carefully study and canprre the ('united (]ucumcnls will each onccr and with
information fnnishad by the Owner. norme camncnciog Activities, the Conluda shell (I) take Reid unensurmauts
sold verify field cundittuls; (2) carefully cotnparc this and other infumaliun known to the Cu ,rector with the
('Mrad Documents: and (1) pnAnptly mgrrf enols, inomsistuncies, rc umiigifms Ji:cowrnl to the Architect
§ 8.2 Contractors Construction Schedule
the Contra IM. pr"npil y after ping awnrdef dao Coutrucl, shall prepare Ala] suMnil fu the (Awe's end
Architect's Inffrmation n Convector's anmrue,iah sdudulu for Iho Wink.
§ 8.3 Supervision and Construction Procedures
§
11-31,11 the Conlmcror droll supervise sad direct file Work ming the ('onlrarfox s best skill mid m4nlion. I lie
Conlraclur shall be solely mNisraisiblc for And haw camel ,wr construction "'cans, nadhuls, Itchniques,
sequences, and procedures, and for awnlirwling all palions ofdic Wak.
§ 8.3.2'1 he ('ontacta, as 31401103 practtenble after award of the Contract, dull furnish in writing to lite Owner,
through the Architect, tho nanim of subonhacturs a suppliers for each pliion of the Work. The Contrador droll
nor contract with soy subcoaurnda in supplier In wimm the Owner or Ardtilect haw ,talk- a lir my and remmushlc
objection
§ BA Labor and Materials
§ 8.1.1 Oaks otherwise providW in the ('omrncl Documcnls, the ('"drachn shall provide aid pay for labor,
macrials, apdpnerd, tools, ulilitit!% hansprtlMtan. aid Mho fncililics mild soviets necessary for progscr cxmilion
and "rnpidisn of the Work.
§ 8.12 The ('shin,,, sill en(irtt slit, discipline aid gaud ado wing the ('"nactur's aupluyces and olho
p:rvris aanying nal the ('unrmd Work 'I he (tntructor shall not pemsil onpdoynhmn of tion", persuhs or pctsuns nM
skilled in asks assigned io than
§ 8.8 warranty
the Con(tw1 r warrnnis to the Owns nod Architect that: (1) I aferials and equipment f nnishe d under the Contract
%ill be new end of good quality unless abawtAc required a Permitted by Ilrc ('"Tuner Documents; (2) the Work
will be lice fru, defects nM inherent in the quality required" pnail(ed; end (3) the Wolk will cmform to the
myub"nans of the oxiii.c, IAcnnoTls Any aadc'rlal or apliprnOli wafradic, raP'red by III, ('latriwt 1)amrnehii]
sill be ismeA in the,maw of the (honer, or shall be Iransfeeable to the ( sti slid shall c"nnxr¢e In acc rdnnce
wi,h Seclial 12.5.
8.8 Taxes
file Coinnanl'hill far) sates, c nsennel. Tru, and simile taxes that are legally ralunud s flat the ('ord"cl is
execuled
§ 8.7 Permits, Fns and Notice;
§ 8.7.1 file ('aouructnr shall Main and pity fr live building pcmhii mid Mho permits and gover,mcshtal fees,
licruses, alit] inspections necessary for proper execution and eornpiction of the Work.
bol AIA llucvme a" Ate;'• -eel; Cappieal O tle3. M7 lost 200 by rNArvlcrn nasmi a brirletl, Art rlehla rOtrvta. I" N'�M, rn„4r
illl
lid
I .Wl'br AU umn 1101] loYIvMrt"aM No eMeasyA.vaYl].eNNltAles
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§ 8.7.2 1lic CunifocWl shall contply with slid give offices required by agencies having jurisdiction over the Work. II
the Contracts perfarnus Work knowing it to be caamry to applicable Imss, statutes, urdinanm, codes, odes and
regulalims, or lawhlt orders of public nufhorilics, the Conlmclur shall assume Poll responsibility for such Work and
shall hear the atributable mats. 1lhe coquacln shall promptly notify the Arehitecl in willing of any known
inconsbacacies in the Conrad Utxmumenis with such governmental laws, rules, and regulations
§ 8.8 submittals
The Cumncta shall prwnlnly review, approve in writing. and sabnil to the Amli tecf slop drawings, product data,
samples, and similar submittals required by the ('01111"aet 101711" ends. Slap drawings, product data, samples, and
similar subiniouls are nM Qnlrad I)(a:uments
§ 8.9 Use or $ita
life Conlmchr shall cnf Ile rgxralions at the silk, to arca., pemlitkJ by law, orJinantts, permits, the Cmurad
Documents, and the Owncr.
18.10 Cutting and Patching
The Corilmcta "If be, respnsihle for cutting, fitting, or patching rnpliml its oumpicic the Work or to make its
parts fit togdhn properly.
§ 8.11 Cleaning Up
I he ('retractor shall keep the premiss and surrounding arca free Irani accumulation of deb is and Irnsh reform] to
the Work At the completion of fie Work, the ('ordmctor shall retrieve its tnl,, ctmslnxyim cpipncnl, nulchincy
and surplm material; and shall properly dispose of waslc loneigls.
§ 8.12 Indemnification
'to the fulleal extent permitted by law, file Conlracha shall Indemmhfy, and hold hales, the Owner, Architect,
Arcuileel's clnwltnnts, lard agents tad empluyeea orany of thorn, from and aLmitisl claims, damages, losses and
cspmscs, including but not limited to auomcys' rtes, arising out of or resulting from performance of the Work,
provided (fiat well claim, dmnage, Ins%, or expense is aluiMnnble In bodily injury, sickness, disease or death, or to
injury to ar destruction oflangible property (Mber than The Work itseH), bell only to The exist) counts by the
negligent stens or omissions of the Connector. a suheaamdta, anyone directly or indirectly mnployed by then, n
anyone fist whine nets Ihe) may be liable, rigardlcs of whether its not such claim, damage, Ions of expose is
caused in part by a party indmuniRed hereunder
ARTICLE 9 ARCHITECT
§ 9.1111 Architect will provide adnrinisimlimn of the ('mired as described hs die Contract Oucumcns.'the
Architect will have authority m acl of behalf of the ()esler ally to IIIc osteal pnwided In the ('mind Iksnnncnls
§ 9.2 The Archilml will visit fill' site at intervals nigalglrinte ht lite stage orconstrudim to beeane gerwrally
familiar with the progress and quality of the Work.
y 9.7 the Arel!TLLct will you have contru] over or churgc vC and will nM b nspstlsible Ibr, cnsfuction nwitns,
methods, ltthniques, se it mlces, or poccclums, or for sddy pracaufions and ptspands In connection whit the Work
since these arc:Hely file C'ontractor's responsibility. I he Archilml will nM be responsible for the ('mlrach is
failure to any can the Work in ac ordence with the Cmlmcf Oocumcnts
§ 9.1 hand on file Archilcd's observations and evaltwfirns of life Conlrada's Applimlims for Payment, file
Architect will review and ecrliry Ibe anmaml, due lit ('mteelor,
§ 9.5 the Aldeifar fin, nahraily In reject Werk Ilial Ju,, nut cnfinal is, Ila ('mmacl Uraamwrrl,
§ 9.8'1 he Architect will promptly review and approve or fake appropintc action upah Contmclor's saMnittals, but
only Ibr Ibe ITndfol purpme of checking For conformance with inlinma(ial given and the design cmcepl exprvsscd
in the Conlrad Docunlcnls.
Ina A!AOonumen1 A106"-2017. CoppfOh!o 1093. 2001 and W17 by rMAn,hen b6W instants naana0, wfatmn, of
r rar0l Md w!fxa�e al eta Von seri}gevundvr Orden fbn069ra50a8 ,1 wAcamp+m wq.al/tOV nM is ratbrefntn
Us., list"
ao1M' (Neal /JJ591
§ 9.7 (hl wrillcn rcpeest form cilher the Ow as to Contractor, lite ArehiteeI will ponptly inlcr(xcl and decide
mnllm concerning performance alder, and raquireumas of, the ('o voa t I)ucmnrnls
§ 9.9 bllclprclaliom mid divisions of the Architect will be consistent with the intent of, and reasmabdy inferable
from live ('mood Ductments, end will he in writing or in the form of drawings. \Nom making such interpretations
And decisions, the Architect will endeavor to secure faithful performance by both Owner mid Contractor, will not
shoe partiality to either mid will non be liable fa results of interpreintims m dmisims muered in god faith.
§ 0.91lo; Architect's duties, responsibilities, and limits of authority as described in Ihe ('attract Documents dnnli
no be chnuged without wrium consent of the (waver, ( onlractor, and Archilml. Consent shall not be lul"soably
withheld
ARTICLE 10 CHANGES IN THE WORK
g 10.1 the (item+, without invnlidaling live ('unload, may order changes in live Work within the gmaal sante of the
Contract, consisting ufaddillaw, deletions or Other revisions, and the Contract Sum mid Co tract T ime shall lc
Adjusted accordingly, in twiting. tribe (bine, and ('conn icla canret agree to n change in lite Contract Sum, 111e
Owlet Ball pity the ('auncla its actual cost plus r tisonndu overhead and profit
110.2 [he Arc ilcel may authorise or urda mina changes in lite Work that are arrisicnl with the mallet ordw
Contract Ikcmmews and do no insoles an adjustment in the (-omract Sum or an ext¢nsime ofthe Cmtrect Time.
Such authorization or order shall he in wiling rand shall tell binding me lite Owner and Contractor. The Contractor
shall proced Wille such mina changes promptly.
§ 10.3 It ceoccalod or unknown physical auditions arc tncuunlcrai to lite site that delta materially frau glow
indicated in the ('o oacl Ihcumoos w fron [lose cuodilion ordinarily farad to exist, Ill: Contract Sum and
Contract Tina shall be subject to equitable adjustment
ARTICLE If TIME
§ 11.11'ime limps stated in the ('amraat i)mumcnis aro• ldlhe Ls m of the ('mlracl.
§ 112 If the Colamlta is dclnyW at oily lime in progress of the Work by changes orderLd in the Work, or by labor
disp ills, Ore, unusual relay in deliveries, lmuvuiohnblc casualties, o0 other mune, b uyald the Comtracfor'a control.
lite t ontract I We shall be subject to cluilable adjustmoai.
§ 11.3 ('uses uuad by dcn)s orb), improperly linwl aelivilics or dcflcliw co n drudlio n dull be bene by lite
responsible party
ARTICLE 12 PAYMENTS AND COMPLETION
§ 12.1 Contract Sum
'f he Contracl Sum stated ill this Agrecmam, including nulhoriiel adjustnunls, is Ihe (mal amaml payaMr by file
Owner It, Isle Corllraclor foo perhlmance ol'the Work under the (mumcl Docllmenls.
§ 112 Applications for Palming
§ 12.2.1 At Inst Ica days before live duce established for code prugrl:a payment, lite (,coloscla shall submit to the
Arddtcel an ilaniud Applicatiorl fit paylnenl for Work c ntpleel in amordmcc wigs die "hies mated in this
Agreenenl the Application shall he supporlld l>) data sutwtatiating dve(tmtractor's right to payment as the
( )woe, a Al dlitetit no,) rcoW ojldy ILrplirv. %ech as Likened of pmylt)l'nls Ionone Iq and waivels of IILTS hall,
subconuactos and suppliers. Paymeals shall hu Inde me account of maleriahs and equipent delivered and suitably
sound d [he site for subsequent joemporofimo in lite Work Irapprnvol in advance by the Owner, payment may
similarly he made for materials and equipment stored, and porcNavl from llnnlage, off Ihe site at a location agreed
upon to *riling.
§ 12.2.21 he ('connector %"tennis [hill title (oall Work covered by all Applicalilrl fa Payment will pea In lite
Owner nn lata Ilion pile lime W payment lite C1Ntrnclr [nth• warrants that upo submittal of an Application lou
Paynwml, all Work ha which ('LrliOrntm fin Itaymatt have been prcviaaly Issued and payments rcccivld from live
Owhlr daK, la Ihe best of the Contractor's knmvlalge, information, mid belief, be free and clear, of liens, claims,
sl•Lmrily interests. or othct eneunbNlces adverse to live Owner's Interests.
bel. NA Doemlwal af06'• - 2011. Cupmgxl O 1993. "Oland )or, r Lr rxe Mwliun MLxar M ArcAMW. NI ray►ler nNrvad. Murir . ori. 4 r,'
r, r•A M.. er,:, O.
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I UNptWaa bYal/,WrydO alae lr ren nN))I)plluM+,()rtlrr no eoa9r099]B-[aura npbarm l2NiYN11 aM*leMbralNa
WNNa1N'
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§ 12.3 Cerlifiaba for Payment
The Archhmi sviil, within seven days o lei receipt of the Cenhadlx's ApplialiwI fa Nlysuenl, lithe, (1) issue In
the Owne, a (trlilirnte fir Paynsent in the fool mnnunl ofthc Applinrion fa Payment, with a copy to the
Contractor; (2) issue to the (ywaa A ('enifscate for Payment too such mnannl as the Architect dclermines is properly
duc, and notify the Centractes and (ysma in wiling oflhe ArchitM'& reasons rot withholding certifications in pore;
o (3) withhold certification of the entire Apldicalics fix, Payment, and notify the Cmlmelor and Owner oflhe
Aichiusers reason for withholding certification in whole. Ifmrtifsatim or ndifiWial is nes made within mail
seven dry period, the Contractor may, upas sever) addiliasal days written maim to the Owner and ArchitM, slop
the Wok ouil pnymrnt of the amaml owing has been receival. IAc Contract'I ime and the Contract Sum shall be
equiinhly adjusted due to Ilse delay.
§ 12.1 Programs Payments
§ 12.1.1 Alla the Architect has issued a l'aliliale (Or Isaymad, the lyssa shall nml c 1psyment in the manner
providod in Ilse Counsel Documents
§ 12.1.2 the ('sml"now sisal) pranptly Pay earl subanhncia mid supplier, Igxsn remipl of payment from the
(hwler, an anaNall Iktermined in naoromnee will, the sums of filo applicable subcontracts end purdlase Orders.
§ 121.3 Neither the Owner nes she Architect shall have responsibility fn payrnea's lu a subccopactor a supplies.
§ 12.1.1 A ('alilicalc our Rrymcm, n progress pnymenr, a paninl Of entire use a cemlpnncy of she Project by the
Owned slap nM constitute accepinnm of Work nm in accordance with she requirements Orion, ('admd Demons
§ 125 Subahnbal CmIpleDon
§ 125.1 Suhslmnihai ('anPledn Is ole stege in tine Prug ms of the Work when the Work or designated portion
Ihereof is sufficiently eanplse in eecordance with the Commel Issuments so the Owns can occupy or utilise the
Werk far its inlosdnl use.
§ 12.5.2 What Ilse Confiner bdicvcs door the Werk is, designated torsion Ihaad is sofisoolliAlly eo li ldq it will
notify the Architect and Ilse Architect will make an Inspection to ddanllinc whsha he Wok is.ulhslantially
eoogsldc What the Architect delaldoes that Ilse Work Is mil)stamlally alrnplele, lite Archhlect shall prepare a
('edifialc of Substantial (tnnpldial Ihal )ndl establish she date of Subsl ulthd ('outpelia6 alablish the
responsibilities of the (ywrla and (Ianraclo, and fix the lime wclhin which the C'aotrador shall finish all loons at
the lis' acconnpanyirsg till Certificate. Wannrlies rtyuired by the ('auras lyucumcnrs shall nnmlence on Ilse it, I,
Of Sulnhullial ('mlpletial of the Work in designated pxlial thereof undeei Ml, x%fie Ixtwhled in Ileo ('Mifieala ni
Substantial Completion
§ 12.6 Final Canplebon end Final Payment
§ 12.6.1 liphm receipt ofa linal Application fill Payment. the Architect will irtspwi she Work. When IIIc Archihet
finds the Wulk nceeptnhlc and the ('cornier fiAly, performed, the Architccl will promptly issue a final ('enigcale fur
Payment.
§ 12.6.2 Fired payment shall fool beccne due until the ('Ixmadrx submits to'Ise Arddlttt reheaaca and waivers of
Hens, mid data establishing Payment or smisfacsion ot'uMigmions, soeh as secions, ehnhnnx, securhly interests, .
encumbrances arising aur of the ('anrac,or
§ 12.6.3 Actt(s'xnca of final Payment by Iwo (,nalme w, a s1 M ntrador a supplier shall anslilae a waiver of
ch
liols by Ila) payee except Ihlnc prcviormly made in sailing and hlicrumed by that payee as unssllcd sl the time of
('trial Application fa Payment
ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY
'tile Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and Programs,
including all those Millired by Inv fit camMim will' Pafixmulec of the ('onirad. The Coptnnclor shall lake
reasonable prtelpnisns to prevail damage, injey, (a Inv to employees as the Work and Wher Persons who rmly be
nlfaeuti thereby, the Work and malermis and oltdrimera to be hncorpoalah therein, and Mita properly or the site a
Intl AIA porurnlnl AIDS *-201,(;WrrVMO lessmelaaapro, by flee Arrlrrtan haabll M&,Wbss. NlrlahlarHmla.wYl Mlxn rill, sett
1'1'4111 ren 1.1 MwL+.n N Lnnu b y un.�Nry n1oAu tree a Mni.-IA6v. M Mn YI' P.•uwn 1
it u.A cnnnN rynNl+r �O w" b Yrn�r Nrw 1.11., RYr�., .ri r,ltnl
I wn)poyue�IL ArA IG/rM1s110a 111/On 042]l]OIrlMlrlrr QaP N0a0a91a69]a I Whklo 17 and1 wets a+.rw roil aoru*MI
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ndjatt+u thereto. I he ('human shall pranptly remedy damage and loss it, properly called fn whole a in put by
the ('"ou nct s, a by ahylne fin whose acts the ( ommelor cony k liable
ARTICLE 14 CORRECTION OF WORN
§ U.1 the Contractor shall prompt 1) cornet Wink rejected by the Architect as fail hill to centuries to the
requirements of the Contrail Documents Ilse Contractor shall bear the cunt of correcting such rejected N'ak,
including she ants of unexvering, repdacaucnl, and additional testing
§ 14.2 In addition to We cuolmclor's dna ol4igaliahs including warianlin under the Contract, the Conlosao dnall,
for a period of one year after Substantial ('m]pletol, conal wink, not anhinniner to elm requironems of IIs,
Commel DocuilaCin
§ 14.3 If lite contractor fiells to cinral nonoonlhrn]inte Wink within a rcaanable lime, the ([mer unity corned it in
accordance with Section 7.3,
ARTICLE 16 MISCELLANEOUS PROVISIONS
§ 16.1 Assignment of Conned
Neither parry to the Contract shall assign the ( intrad ns o whole without writlen consent of the char.
§ K2 Trials and Inspections
§ %2,1 At the appropriate limes, Ilse ('odracto shall arrange and bar cost of tests, insimlio ,. and ap ewovnls of
portions of the Work required by the Contract DOCu "Cots in by laws, staluto, ordinances, codes, rules and
rcguhalim]s, in lawful orders of public authorities
§ 15,12 If the Architect requires additional testing Ilse ('onun;hn shall pafam disc tests.
§ 16.2 .3 The Owner shall bee riot of ICSIS, Inspections, a approvals that do not beconw requirements until anti the
Cauract is executed. l he (honer shore directly arrange and pay for lots, inspections, or approvals where building
codes W applicable bws to regulation, a1 require
1113 Oreve erlog Law
The Cornracl shall b: eownrwd by the Ino ofthc
choice of law rules. Pence where the 14ayecl is nonmed. excluding 16x1 loisdiaish's
ARTICLE 16 TERMINATION OF THE CONTRACT
§ 16.1 Termination by the Contractor
from Wink is 11111111I)VI undo Selion 12.1 fill a period of 14 dogs through no fault of the Contractor, the contractor
only, [lima] sewn additisml duy%' onium notice to the ()sna Md Archileel, Ierminnlc the Coruract and recover
frean the (honer payment fret Work exavuted including rensinabrc overhead and pruh, aid costs Incurred by reaan
of steel] terminalis].
§ 16.2 Terminadon by the Owns for Cane
§ 16.2.1 The (lwncr my scrutinies, the ('mond it the Conesi cto
.1 repentedi) refuse-[ in fails to Supply enough properly skilled wake's In proper ]naleriuls;
1 foils In make payment le olbonancum, for materinis or lahnl h] accordance with Ilse respoetw
agreements between the ('nuraetrn most the subcontractors;
.3 repeatedly daslegm(fe applicable laws, statuses, ordinances. eoxka, [tile, olid Icgulmiuoy In lowfid
twders of a public authority; or
A is olhvwiw guilty of substantial bench of a provishn of the Contract Documrnn
§ 16.2.2 When any of vele abuse reasons exist. the (hrner, aner ca[suhatial will[ the Ambient, may without
prejudice to oily other rigbls or monies of the Owner and 11 net giving the Constructor nml the C's]Irachn's survey, it
tiny, seven drys' will"' minden. Insidious: auploymenl of the Contractor aid may
•1 take ps�session of the site soul of all mnlainis lberca] [coned by lite ( sturgeon. and
.2 finivll the Wink by whatever reasonable n cienid she Owner cony dcon expedient
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I 16.2.3 Wheal the O\YIICY Inminmes the ('onired fmm" of the rcrosons staled in ScsiiOo 16.2.1, the C(nuaeo shall
"Of be entitled to retrive Father paymenl ouil the Work is Ilnished.
§ 10.2.1 If the unpaid halance of the Cunmcl Sun' exceedx COSI, of finishing the Wmk, such acme sial l he Paul tO
the ('onlroetor. If such costs exceed the unpaid balance, the Cmtlraeor shell pny the di(rerence to the Owuer. This
obligation fm payment shell swvive terminatio' ofthc ('mune.
1116-3 Terminagon by the Omer tar Convenience
111e Owner may, at any Ifmc, terminale the Contract without au
WW fm the Uxnter•a convnniale: ld x. ' 1 he Contraew
shall be entitled IOreceive ppymenl fin Work cxecuted, and cumin incurred by rcasm ofsuch tominalion, along wish
reaumnble overhm(1 nod pr'fif on the Wok not aec•(nr(I.
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EXHIBIT A
PROJECT MANUAL
VILLAGE OF OAK BROOK
POLICE DETENTION ZONE
RENOVATION / ADDITION
PROJECT NO. 2015-055
A
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15 FEBRUARY 2017
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523
r -r WILLIAMS
ARCHITECTS
Arvhdl uie Planning .,
Do PoM "im"t boon 600
Im M. 001/3
P W6221 IM
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EXHIBIT A
Village of Oak Brook I Detention Zone Renovation I Expansion I ProjeCt NO. 2015.055
TABLE OF CONTENTS
DIVISION 0 — BIDDING REQUIREMENTS AND CONTRACT FORMS
000107 .......
SEALS PAGE.........- .......................................... ............. .......
................................ 2
000200.......
INVITATION 70 BID ............................................................. ......
. .... . .......................... 4
001000.......
INSTRUCTION TO BIDDERS .......................................................
................................ 1
002000.......
INFORMATION AVAILABLE TO BIDDERS ..................................
. ...................... ....... 1
003000 .... ...BID
FORMS ...................... ................................................. ...........
................................ 10
003126.......
EXISTING HAZARDOUS MATERIAL INFORMATION .................
............................... A
005000.......
STANDARD FORM OF AGREEMENT ............... 11 .......... ..............
........ -.1 ............... I ... I
006000.......
PERFORMANCE BOND, PAYMENT BOND .................................
................................ i
OD7000 .......
GENERAL CONDITIONS .............................. ..............................
I ................................1
OOM.......
INDEX TO DRAWINGS ............ -.1 ............................ ...................
............... ................ 2
DIVISION i - GENERAL REQUIREMENTS
011000 .......
SUMMARY... .... ...................................................... ...................... ....... 11 ....................... 3
012100.......
ALLOWANCES ............. ........................... ........ ............. ............. ................................
3
012200.......
UNIT PRICES ................................. ............... ......................... ................................
012300......,
ALTERNATES ........ ...................... ................................................ ................................
012500.......
SUBSTITUTION PROCEDURES .................................................. .............................
—3
012600.......
CONTRACT MODIFICATION PROCEDURES ...................................---..,.................2
012900.......
PAYMENT PROCEDURES ................................ ... - .................... ................................
4
013100.......
PROJECT MANAGEMENT AND COORDINATION ........... .......... ....... ...........
-- ........ e
013200.......
CONSTRUCTION PROGRESS DOCUMENTATION ....................................................5
013300.......
SUBMITTAL PROCEDURES ...................... .... I .............. I ......... I ... .... - ..................
013310._....
DISTRIBUTION OF ARCHITECTS ELECTRONIC SPECIFICATIONS
...................AND
DRAWINGS FILES ........ ....... . I .. .. ...................................... .......
......
014000.....
-QUALITY REQUIREMENTS .................................. ... ....... .......... .. ............
...........
014200.......
REFERENCES ... ................................................. I . ........ ....... I ... ..... --1 ....,......16
016000.......
TEMPORARY FACILITIES AND CONTROLS ..............................................................4
016000.......
PRODUCT REQUIREMENTS ...................... ................................ .. .............................
4
017300,......
EXECUTION .................... I ............. ................ -... . ....... I ............... .. .... " .........
... I ... -1-6
017700.......
CLOSEOUT PROCEDURES ......................................................... .............................
-A
017823.......
OPERATION AND MAINTENANCE DATA ... ..... ..... ................... ................................
5
017639.......
PROJECT RECORD DOCUMENTS .................................. .......... ............ -
............ .... 2
017900.......
DEMONSTRATION AND TRAINING ...................... ...................... ................................
3
DIVISION 2 - EXISTING CONDITIONS
024119....... SELECTIVE DEMOLITION ........................ I .... I ... " ................ .............................. 6
DIVISION 3 - CONCRETE
033DDO ... ... CAST -IN-PLACE CONCRETE
DIVISION 4 - MASONRY
is
042000....... UNIT MASONRY ............ ......................... ............. . ..................... ................................ 16
TOC - 1
EXHIBIT A
Village of Oak Brook/ Detention Zone Renovation /Expansion /Project No. 2015055
DIVISION 6 -METALS
051200....... STRUCTURAL STEEL FRAMING ........................................ ........ ................. -.1 .......... 9
OS2100 ... ... STEEL JOIST FRAMING ....... ................ ...................... ............... ............................. _6
063100....... STEEL DECKING .......................................................................... ................................ 6
065000 ...... .METAL FABRICATIONS ................................. ... .......................... ............. .................. 5
DIVISION 6 - WOOD. PLASTICS AND COMPOSITES
061000....... ROUGH CARPENTRY ...................................... I .................... ....... .................. I ... ......... 5
064023....... INTERIOR ARCHITECTURAL WOODWORK ............................... ...................... ......... 6
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
071328 ..... ..SELF
-ADHERING SHEET WATERPROOFING .............. ............. ..................
............. 6
072100.....
-THERMAL INSULATION . ........ ........................... . .............. ... I .. .............
.... I ............. 3
072728.......
FLUID -APPLIED MEMBRANE AIR BARRIERS ............................................................7
7
074113.......
SHEET METAL ROOFING ............... .................... I .... .1, ... ... I .... I .. ......
I ...................... -10
075423.......
THERMOPLASTIC POLYOLEFIN (TPO) ROOFING ....................................................7
....... le
076200.......
SHEET METAL FLASHING AND TRIM ......................................... ................................
7
078413.......
PENETRATION FIRESTOPPING ..... ............................................ .............
................... 4
OMOO .......
JOINT SEALANTS ..................................... ................. ............... I . ......
I ...... I ................ 1.5
DIVISION 8 - OPENINGS
081113.......
HOLLOW METAL DOORS AND FRAMES ................ ....... ........... ................. .........
_...a
063113 ...
_.ACCESS DOORS AND FRAMES .................. .............................. .......................
......... 3
083013.......
SECTIONAL DOORS ......... .............. ............................................ ................................
7
084113.......
ALUMINUM -FRAMED ENTRANCES AND STOREFRONTS ....... ................................
0
087100.......
DOOR HARDWARE .... ............ I ............................... - .................. ........... I .... I .......
....... le
088000 .......
GLAZING ..................................................................... . ................. .... ,...........................7
........................ ....... 3
089000.......
LOUVERS AND VENTS ............................................ .......... ........ ...... ...... .. ..............
6
DIVISION 9 - FINISHES
095113 ...
... ACOUSTICAL PANEL CEILINGS .................................. ..............
.......... ..................... 6
095753.....
SECURITY CEILING ASSEMBLIES ..............................................
................................ 7
096613.......
RESILIENT BASE AND ACCESSORIES .......... I .....................
I ..... .. L ............................. 3
ON723 .......
RESINOUS FLOORING ................ ...................... .........................
..... .......................... 4
D96724 . .....
DOUBLE BROADCAST EPDXY QUARTZ FLOORING ................
................................ 6
096813.......
TILE CARPETING ..................................... I ...................... .............
........................ ....... 3
099113.......
EXTERIOR PAINTING . ......... . ......... ....... I .............. ........ .. ........
..... ..................... .... 4
098123.......
INTERIOR PAINTING ......... __ .1 ..... I .... -.1 ... 11 ..... ..... .. .... ...........
......... ............ I ......... 6
DIVISION 10 - SPECIALTIES
102213....... WIRE MESH PARTITIONS............
1044I3_....F(RE EXTINGUISHER CABINETS
104416 _.....FIRE EXTINGUISHERS .................
105113....... METAL LOCKERS .........................
DIVISION 11 - EQUIPMENT
-1 ..... .... .......... I .... I .... ... I ... I ........ I .......... 1.6
1 ........................ ........... .. ...... .................... _4
................................. .... ......... .......... ........... 2
TOC -2
ILI
EXHIBIT A
Village of Oak Brook / Detention Zone Renovation! Expansion I Pto)eOl NO 2VI*-Vu0
111900 ......DETENTION SECURITY EQUIPMENT.."., ......... .............. . .35
111910 -.....DETENTION SECURITY HOLLOW METAL ................................._..,.,.___......,,.........9
DIVISION 12 - FURNISHINGS
125500....... DETENTION FURNITURE ............ . . ... . ... .... I... ..... ... ... .. .. ... I .. ... ..... ......... 6
DIVISION 13 - SPECIAL CONSTRUCTION
NOT USED
DIVISION 114 - CONVEYING EQUIPMENT
NOT USED
DIVISION 21 -FIRE SUPPRESSION
210600....... COMMON WORK RESULTS FOR FIRE SUPPRESSION ..........................................8
211313....... WET -PIPE SPRINKLER SYSTEMS............ I ... .. ... I_.... .._.__..._ .....................
DIVISION 22- PLUMBING
220500....._
COMMON WORK RESULTS FOR PLUMBING .................................................__.....13
. .....9
220519.......
METERS AND GAGES FOR PLUMBING PIPING- .........................._...................._..4
220523 .......
.. .......................
GENERAL -DUTY VALVES FOR PLUMBING PIPING ......... - ...................................20
20
220529,.....HANGERS
AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT ................
13
220553..
.. IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT . .... ....... _ _...........6
...... 20
220700,..
-PLUMBING INSULATION .................... ..... ..... ...... ............37
........... 13
221116 .......
DOMESTIC WATER PIPING .................. ..... . .. . ... ........ ...
... 21
221119.......
DOMESTIC WATER PIPING SPECIALTIES .. .... ........ .. . ...
16
221316.
....SANITARY WASTE AND VENT PIPING . ............. ...................... .... ...... ... ..........
... _13
221319.......
SANITARY WASTE PIPING SPECIALTIES ... .... ........................ ....... ........ .. ..
... A4
221413 .
.... FACILITY STORM DRAINAGE PIPING ......... ... ...... .................. -1 .......
110
221423.......
STORM DRAINAGE PIPING SPECIALTIES .... ......... ..... .... ..
6
DIVISION 23- HEATING VENTILATING AND AIR CONDITIONING
230500.......
COMMON WORK RESULTS FOR HVAC...._ .................. -.......................... ..I..
. .....9
230513.......
COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT ................................2
230529...
-HANGERS AND SUPPORTS FOR HVAC PIPING EQUIPMENT ...............................10
230593.......
TESTING, ADJUSTING AND BALANCING FOR HVAC...............................................
11
230700.......
HVAC INSULTATION ............... ..... .....
...... 20
231123.......
FACILITY NATURAL -GAS PIPING .. ............................... _ ...... ....... ............
........... 13
233113.....,META,L
DUCTS . ............. __ _ ... ........... .. ... . ........... ...... _ .. ........... ........
. . ...... 7
233300.......
AIR DUCT ACCESSORIES............_ ... ... .. .. _...............8
233423......HVAC
POWER VENTILATORS ...... ... - ..... ........... .................. .. ... ,...-_.....,............5
233713.......
DIFFUSERS, REGISTERS, GRILLES ........................ .................. ........... _.__,.__.......2
237413...
...PACKAGED, OUTDOOR. CENTRAL STATION AIR -HANDLING UNITS.........
....._....9
DIVISION 26 - ELECTRICAL
TOC -3
EXHIBIT A
Village of Oak Brook I Detention Zone Renovation I Expansion I Project No. 2015055
260500.......
COMMON WORK RESULTS FOR ELECTRICAL........................................................3
280619...
_..LOW -VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES.....................6
260626.......
GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS...................................4
260529.......
HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS......................................4
280533,....,.RACEWAY
AND BOXES FOR ELECTRICAL SYSTEMS.............................................9
280563.......
IDENTIFICATION FOR ELECTRICAL SYSTEMS .. ..................... ........... .....................
4
260923.......
LIGHTING CONTROL DEVICES ................. ................... ............... ................................4
262726...,...
WIRING DEVICES.........................................................................................................8
282813.......
FUSES...........................................................................................................................3
262816.......
ENCLOSED SWITCHES AND CIRCUIT BREAKER..... . ....... ..... .........................
...... 0
262913.......
ENCLOSED CONTROLLERS ................................................. _.. _ ................................5
265119.......
LED INTERIOR LIGHTING ... .............. .... ...... ........ ............. ............ ....................._.........6
265619.......
LED EXTERIOR LIGHTING.........................................................................................4
DIVISION 27 - COMMUNICATION CABLING SYSTEM
NOT USED
DIVISION 28 - SECURITY SYSTEM
284619....... ELECTRONIC DETENTION MONITORING AND CONTROL SYSTEM .......................19
DIVISION 31 - EARTHWORK
311000 ...... SITE CLEARING... ................ ........ __' _............ _..... _ _...................................6
312000....... EARTH MOVING ..........................._.................................................._.... _.. .... 13
315000.. ...EXCAVATION SUPPORT AND PROTECTION _... _...... _ ..........................................5
DIVISION 32 - EXTERIOR IMPROVEMENTS
321216....... ASPHALT PAVING ............... _.. _...... _. _........ ................ .... ,..................- ........ 11
321313....... CONCRETE PAVING .............. ....... ........... ....... ........... I .... .... ................. ............. ...... , 15
321373....... CONCRETE PAVING JOINT SEALANTS......._... ... .... ..... ................. _......,................5
320000,.,, -PLANTING ...... .............. ........... ._............................ ...... ........... ............ .... ........... ......6
329223 .... ...SODDING ......................................... _.._._.... .......... .................... ......................... ..... ..4
DIVISION 33 - UTILITIES
334100....... STORM UTILITY DRAINAGE PIPING ..... ..... ...... .......................... ........ .................. _...14
TOC -4
EXHIBIT B
Services & Fees Proposal
Note CM f p Rf f 7 Aef GA, r e, r rr abr rvmw ur.,
Oak Brook Police
Sally Port & Detention Area + Electrical Upgrades
Anticipated Project Budget: $2.5 Million
Anticipated Bidding; Fall 2017
Pre•Construction Management Services
smc
menutt
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: -Track and evaluate costs through design
3. Rureue value as the designdeveleps
4. Materials and methods evaluation
5. Identify and secure long lead Items
6. Attend coordination meetings
7. Develop detailed phasing plans
8, Schedule preparation and evaluation
9. Scope of work preparation
10. Prepare cash flow schedule
11. Compilation of a qualified bidders list
12. Bid solicitation - public bid process
13 Thorough in-person evaluation of bids
14 Financial stability review of bidders
15 Bid summary presentation to owner
The Lump Sum Fee is based on IIIe 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
I his phase begins after the successful bidders are established and the necessary permits are in hand Our
services include, but are not limited lo, the following
1 Contract preparation
2 Subcontractor pay request review and
compilation
3 Manage all slop drawings and Rf I'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. Safely 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 ran We are, service oriented Our fees for this phase of work are as follows:
Oak Brook Police Addition Page. I of 2 owl
Services & Fees Proposal SMC
menutt
nae im". 111.1 A,..r,, rte, roh add enur.,"r..:
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 sum 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 0.75% 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 supervision as well as
related office and communications expenses for this project will vary with the duration of the project Theon -
site superintendent will be full-time based on the work laking place and the needs of the village The duration
of the project will be determined by life 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
the 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 $1251hr
Asst. Project Manager $98/hr.
Contract Administrator $851hr
General Expenses There will be costs associated with general conditions that are typical for all construction
projects (dungsters. 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
$a_ vinas
At Shales McNutt we believe strongly in partnering with our clients to provide construction services. To that
end we are convinced Thal returning 100% of all savings from the project is the correct approach. Sharing life
savings between the contractor and owner can create a mixed message or molive 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 (bldrs risk)
2 Building Permits and Fees 4 Performance and Payment Bond
Oak Brook Police Addillon Page 2 of 2 819n 7
EXHIBIT C
f CERTIFICATE OF UABILITY INSURANCE oArs lMRYonnn
ATE 1S ISSUENOT
AF ASA MATTER OF GATIVI I I 111 A710N ONLY ANO CONFERS NO RWHTS UPON THE CERTIFMAT�LDER. THIS
DO¢S NOT AFFIRMATIVELY OR NEGATfVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(&), AUTHORIZED
RVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
1lho cenlllule holdar U an ADDITDNAL INSURED, the Pplloy(Ies) musk kava ADDITIONAL I913URE0 provhlona a be entlon9tl
)N 19 WAIVED, wDJsct to the arms and cantllUons of tha Policy, unabl Pcllckf may roqutn an and no 1
oe not sent"Tl rights caHSl AN, hol
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Ml.m
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Insurance_I_�.R._....
CE TIF TE MAY BE PERTAIN, OR OTHER DOCUMENT WITH RESPECT TO tNaCH TWa
CERTIFICATE MAY BE ISSUED OA FALY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL TMF TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
._...__. .-___._..-_ GREE POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED
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CERTIFICATE MAY BE ISSUED OA FALY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL TMF TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
._...__. .-___._..-_ GREE POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED
_. ..........REE_.
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If required by wrdlen contract{, village or Oak Brook end Williams Archieas are Additional Insureds on a lenmary end Non Contributory basis
with respect Io 111 General Liabikty and Waivers o(Subrogalion apply In Iheu fever wllh resp
Compensallon poell to the General Liability and WOMars
lities.
VIOaeO DI Dak BrookI SIIOULD ANY OF TILE ABOVE DESCRIBED p,,k,As BE CANCELLED BEFORE
1200 Oak Brook Road THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Oak Break IL 60623 ACCORDANCE WITH THE POLICY PROVI610NS,
ACORD 26 (2016/03) The ACORD name and logo 818 reSlatered marks of ACORD
Policy Number RE11110139395
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 - Tabte of Contents:
Coverage:
Begins on Page:
1.
Employee Banelit Llability Coverage ............ ....... ........._...........,...__......... .................
........... ....2
2.
Unintentional Failure to Disclose Hazards_.._...._._.__ ............ .... ...... ..... ..........._...........,...
3.
Damage to Premises Rented to You _....... ... ...................._...........................,....-..
_......9
4.
_..,.....
Supplementary Payments .......... ............ ...... .............. ............ ...... ....... ..._.... _..................
_...., _........9
.,............. 9
5.
Medical Payments ................... ...... ......... ...... .......................... ....
6.
.......... .........._............................,..
Voluntary Property Damage (Coverage a.) and Care, Cuciody or Control
_..9
Liability Coverage (Coverage b.)..,, ........... ..... .................
9
7.
.......,...........
Igo Day Coverage for Newly Formed or Acquired Organizations............ .
......_ ...........................10
..... ..... .,..
8.
Waiver ofBubrogation...... ... ...................................................................._-..-_...._..,...........,....._.to
9.
Automatic Additional Insured • Specified Relationshlps.............................__..._._..............._....
10
Managers or Lessors of Premises;
Lessor of Leased Equipment;
Vendors;
State or Political Subdivisions Permits Rulating to Promises;
Slate of Political Subdivisions - Penrdts; end
Contractors' Operations
10.
Broadened Contractual Liabilily -Work Within 50'of Railroad Property... ... ...
14
11.
..............................
Property Damage to Borrowed Equipment ..............
............................__............. .....
......14
12.
Employees as Insureds � Specified Health Care Services: ...._....__......... _...... ...
..... . ....
15
.............
Nurses;
...... ..
Emargency Medical Technicians. and
Paramedics
13.
Broadened Notice of Occurrence . _...... ...
.. 15
9. Limits oflnsurance;
The Commercial General Llability Limits of Insurance apply to the Insurance provided by this endorse•
ment, except as provided below:
1, Employee Benefit Liability Coverage
Each Employee Limit: $ 1,00o,000
Aggregate Limll. $ 3,000,000
Deducltbb: $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown In the Declarations; or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
n. Bail bonds. $ 000
b, Lossolearnings $ 350
5. Medical Payments
Medical Expense Limit $ 10,000
Includes copyrighted material of Insurance
CA 233 IL 02 07 Services Office, Ino, with Its permission. Pago 1 of 15
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a. $1,000
Coverage b. $5,000 unless otherwise slated S
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated $
COVERAGE
EMIUM BASIS
RATE
ADVANCE PREMIUM
a. The following is added to SECTION 1
Area
Payroll
(fur Limits in Excess of
(for Limits In Excess of
LIAbliily Coverage
Gross Sales
$5,000 )
$5,000)
(1) Insuring Agreement
Units
4d)
(a) We will pay those sums Ural
No other obligation or fiabil.
the Insured becomes legally
Other
obligated to pay as dam
acts or services Is covered
It. Care, Custody
unless explicitly provided for
ror or omission of the In-
under Supplementary Pay.
or Control
ments
son for whose Acts Ills In-
S
cured is logasu11y liable, to (b)
P E I li
which This Insurance
11. Property Damage to Borrowed Equipment
Each Occurrence Limit. s t0,000
Deductible: $ 250
C. Coverages:
1. Employee Benefit LiabilityCoverage
2) Our right and duly to
9
defend ends when we
a. The following is added to SECTION 1
have used up the ap-
• COVERAGES: Employee Benefit
plicable Ihnit of msur•
LIAbliily Coverage
ance in the payment of
judgments or settle -
(1) Insuring Agreement
mems.
(a) We will pay those sums Ural
No other obligation or fiabil.
the Insured becomes legally
fly to pay sums or perform
obligated to pay as dam
acts or services Is covered
ages caused by any act, of-
unless explicitly provided for
ror or omission of the In-
under Supplementary Pay.
sured. or of any other per.
ments
son for whose Acts Ills In-
cured is logasu11y liable, to (b)
This insurance applies to
which This Insurance
damages only If the act, er.
rap.ight
Plies. have right
ror or omission, is neght•
duty o
and duty to defend iho rn-
the
gently committed In the
sured against any 'suit"
"Administration" ofpour
'
seeking those damages.
roemployee benefit
However, we will have no
gram"; and
duty to defend against any
'suR`
1) Occurs during the pol.
seeking damages to
ley poriod: or
which fhlc insurance does
not apply. We may, at out
2) OccurredIxior to the
discretion, Investigate any
effective date of this
report of an act, error or
endorsement providod:
omission and settle any
claim or 'suit" filar may to-
a) Youdi
did tl not have
sult. But,
knowledge of a
claim or "suit" on
1) Tile amount we will pay
or before the of -
for damages is limited
fective duty of this
as described in SEC-
endorsernent-
71ON III - LIMITS OF
INSURANCE. and
Includes copyrighted material of Insurance
GA 209 IL 02 07 Services Office, Inc, with its permission.
Page 2 of 15
You will be
(e) Inadequacy of Perform•
deemed to have
ante of Investment / Ad -
knowledge of a
vice Given With Respect
claim or "suit'
to Participation
when any
"authorized repre-
Any claim based upon:
sontalive";
t) Failure of nay invest -
i) Reports all, or
meal to perform;
any part, of the
act, error
2) Errors in providing In -
or
emission to us
formation on past per -
or any otter
formance, of investment
Insurer;
vehicles; of
H) Receives a
3) Advice given to any
written or ver-
person with respect to
bal demand or
that person's decision
claim for dam.
to participate or not to
ages because
=pclfdata M any plan
of the act, or-
Fneluded in the *am.
tot or omis-
ployee benefit pro.
sion; and
gram'.
b) There is no other
(1) Workers' Compensation
applicable Insur-
and Similar Laws
ante.
Any claim wising out of
(2) Exclusions
to
your th
the mandatory proviure
sionsrof
This insurance does not apply
any workers'compensalion,
to:
unemployment companea-
(a) Bodily Injury, Properly
Uon Insurance, social secu.
Damage or Personal and
rity or disability benefits law
or any similar law.
Advertising Injury
"Bodily Injury", -property
(g) ERISA
damage' or 'personal and
Damages lot which any in -
advertising injury'.
sured is liable because of
(b) Dishonest, Fraudulent,
liability Imposed on a fiducl-
ary by the Employee Re.
Criminal or Malicious Act
tlremenl Income Security
Damages arising out of any
Act of 1974, as now or
Intentional , dishonest,
hereafter amended, or by
fraudulent, criminal or mail.
any similar federal, state or
cdous act, error or omission,
local laws.
committed by any insured.
(h) Available Benefits
Including Ute willful or reck-
lass violation orany statute.
Ally clalm for benefits to the
(c) Failure to Perform a Con-
extent that such benefits
traot
are available, with reason.
able effort and cooperation
Damages arising out of fail-
of the insured, from the ap
urs, of Performance or con
pliable funds accrued or
tract by any insurer,
other cotectble Insurance
(d) frsufficienoy of Funds
(1) Taxes, Fines or Penalties
Damages arising out of an
Taxos, fines or penalties,
Insutiiency of funds to
Including those imposed
meet any obligations under
under the Internal Revenue
any plan included in the
Code or any similar state or
'employee benefit pro•
local law.
gram".
Includes copyrighted material of Insurance
GA 233 IL 02 07 Sorvicas Otrie, Inc., Willi its permission Page 3 of 15
(i) Employment•Retated
but only with respect to the
Practises
conduct of your business.
Any eability arising out of
Your managers are in -
surods, but only with to -
any,
spool to their duties as your
(1) Refusal to employ,
managers.
(2) Termination of am.
(d) An organization other than
filament;
a partnership, joint venture
or enlled liability oongnany,
(3) Coercion, demotion,
you are an Insured. Your
evaluation, reassign.
'executive officers" and di.
avant, discipline, data-
rectors are Insureds, but
mesion, harassment,
only with respect to their
humiliation, discrimina-
duties as your officers or dt
tion or out emliloy.
rectors_ Your stockholders
ment-related practices,
are also Insureds, but only
acts or onhissions; or
wigs respect to their liability
(4) Consequential liability
as stockholders.
as a result of (1), (2) or
(e) A trust, you are an insured.
(3) above.
Your trustees are also In -
This exclusion applies
sureds, but only wfet Is.
spect to disk duties as
whether the insured may be
trustees.
held liable as an employer
or In any other capacity and (2)
Each of the following is also an
to any obligation to share
Insured;
damages with or repay
someone else who must
a Each of our 'employees'
O
ay mages because of
who is or was authried to
theInjury,
try
administer your "employee
benefit program".
(3) Supplementary Payments
(b) Any persons, organizations
SECTION I - COVERAGES,
or "employees' having
SUPPLEMENTARY PAY-
proper temporary auenon-
MENTS . COVERAGES A AND
zation to administer your
B also apply to Oils Coverage.
"employee benefit program"
b. Who is an Insured
if you die, but orgy until your
legal representative is ap-
As respects Employee Benefit Liabil•
pointed.
Ity Coverage, SECTION R - WHO 15
AN INSURED is deleted in its en-
(c) Your legal representative 4
lively and replaced by the following:
you die, but only with to.
spool. to duties as such.
(1) It you are designated in the
That representative will
Declareflons as.
have all your rights and du-
ties under this Coverage
(a) An individual, you and your
Part.
spouse are Insureds, bill
wily with respect to the (3)
Any organization you newly so -
conduct of a business o1
quire or form, other than a pan -
which you are the sole
nership, joint venture or limited
owner
liability company, and over
which you maintain ownership
(b) A partnership or joint ven-
or majority Interest, will quality
Wrs, you are an Insured.
as a Named Insured if no other
Your members, your part-
sindlor insurance applies to that
ners, and their spouses are
organization. However, cover -
also insureds but only whh
age under this provision.
respect to the conduct of
your business.
(a) Is afforded only until the
13011 day Wier you acquire
(e) A limited eabilily company,
or form els organization or
you are an insured. Your
Oho and of the policy period,
members are also insureds,
whichever Is earlier; and
inakmdos copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc., With its permission.
Page 4 of 116
(b) Doer: not apply to any act,
error or omission that was
committed before you ac
quired or formed the or.
ganization.
c. Limits of Insurance
As respects Employee Benefit Liabil.
fty Coverage, SECTION ill • LIMITS
OF INSURANCE is deleted in its on.
trety and replaced by the following:
(1) The Limits of Insurance shown
in Section S. Limits of Insur-
ance, 1. Employee Benefit Li-
ability Coverage and tine rules
below IN the most we will pay
regardless of the number of:
(2)
(3)
(a) Incureds;
(b) Claims made or 'sults'
brought:
(c) Persons or organizations
making claims or bringing
'lugs";
(d) Acts, orrors or omissions; or
(a) Benefits included in your
'employee benefit pro
gram'.
The Aggregate Limit shown In
Section B. Limits of Insurance,
I. Employee Benefit Liability
Coverage of this endorserrtonl
Is the most we will pay for all
dalriages because of acts, er-
rors or omissions negligently
committed in Ute 'admioislra-
Don' of your `employee beriefit
program-.
Subject to the limit described In
(2) above, the Each Employee
Limit shown in Section B. Limits
of Insurance, 1. Employee
Benollf Liability Coverage of
Oils endorsement to ilia ra st we
will pay for all damages sus -
tallied by any one 'ompWao',
including damages sustained by
such "employee's' dependents
aIII d benefwlaries, as a result of:
(a) An act, error or omission; or
(b) A series of related ads, er.
rors or omissions, regard-
less of the amount of time
that lapses between such
acts, errors or omissions,
negligently committed nn the
"admfnistralion' of your 'em•
piuyoo benefit piognun'.
However, the amount paid un-
der this endorsement shall not
exceed, and will be subject to
the limits and restricllons that
apply to Ute payment of benefits
in any plan Included in tiro "em•
ployoe benefit program".
(4) Deductible Amount
(a) Our obligation to pay danr
ageo on behalf of gra in.
lured applies only to the
amount of damages in ex -
ms of the deductible
amount staled in the Dada.
rations as applicable to
Each Employae. The limits
of Insurance stein not be
reduced by the amount of
this deductible.
(b) The deductible amount
stated in the Declarations
applies to all damages
sustained by an yy one 'em-
ployee', including such
employee's' dependents
and beneficiaries, because
of aY ads, errors or omis-
sions to wldch this Insur-
once applies.
(c) The terms of this insurance,
including those with rospocl
to:
1) Our right and duly to
defend the Insured
against any 'suits'
seeking those dam.
ages;and
2) Your duties, and Ilse
duties of any other in-
volved insured, in fine
event of an act, error or
omission, or claim,
applqq hrospective of Iho
application of the deductible
amount.
(d) We may pay any pan or all
of the deductible amount to
effect settlement of any
claim or 'suit" and, upon
notification of the action
taken, you shall promptly
reimburse us for such part
of Ilia deductible amount as
we have paid.
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc., with its permission. Page 5 of Is
d. Additional Conditions
eL No insured will, except at that In -
As respects Employee Benefit U.
sured's own cost, voluntarily make a
ability Coverage, SECTION IV -
payment, assume any obligation, or
COMMERCIAL GENERAL UABIL•
incur any expense without our cam
ITY CONDMONS Is amended ac
soil!
follows:
(2) Ilam 5. Other Insurance is de -
(1) Item 2. Duties In the Event o1
leted in its entirely and replaced
Occurrence, ORense, Claim or
by the following:
Suit is deleted In Its entirely and
5. Other Insurance
repfacad by t+a following:
2. pubes In the Event of an Act. Error or
If other valid and collectible
insurance is available to file
Omission, or Claim or Suit
Insured for a loss we covet
a. You mus[ sea to it that we are noti-
under this Coverage Pad,
tied as soon as practicable Oran act,
our obligations are limllod
error or omission which may result In
as follows.
a cialm. To the extent possible, no-
lice should Include:
a, Primary Insurance
(1) What file act, after or omission
This insurance is pri
was and when It occurred; and
marry except when c,
below applies. It tills
(2) The names and addresses of
insurance Is ptnoary,
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
b. If a Bairn is made or 'suit' Is brought
also primary. Than, we
will share with all that
against any insured, you must:
other Insurance by the
filet
(1) Immediatelyclaim
method described In b,
below
or
of the claaim or "cull` and ileahe
and
date received; and
b. Method of Sharing
(2) Notify us as soon as practicable.
If all of the otter Insur-
You must see to it first we receive
ante permits contribu.
ten by equal shares,
written notice of file claim or "suit' as
We Will follow
soon as pmcticablo
method also. Under
c. You and any Diller hWolvad insured
this approach each in.
must,
surer contributes equal
amounts until It has
(1) hnmedintely send us copies of
paid Its applicable limil
any demands, notices, sum.
of insurance or none of
monses or legal papers re-
the loss remains,
ceived in connectioll will) the
whichever comes first.
claim or "suit,;
If any of the other Ill.
(2) Aulholize us to obtain records
surance does not per.
and other i,d0rmation;
mil contribution by
(3) Cooperate, with us in Ilia invest.
equal shares, we will
contribute by ►mils.
gation or settlement of the chum
or defense against the -suit";
Under this method,
and
oath Insurers share is
based on the ratio of its
(4) Assist us, upon our request, ut
applicable limit of in.
the enforcement of any right
surance to the total ap-
against any person or organiza.
plicable limits of insut-
tion which may be liable to the
once of all insurers.
insured because of an act, error
c. No Coverago
Of omission to which this insur.
81100 may also apply.
This lnsurance shall not
cover any loss for
which file insured is
Includes copyrighted material of Insuranoo
GA 233 IL 02 07 Services Office, Ina, with its permission Page 6 of t5
entitled to recovery um
providing come or all of (he
der any other Ineun
following benolils to -am-
once in force previous
pfoyeos", whetter provided
to the effective data of
through a "cafeteria plan' or
this Coverage Part.
otherwise:
e. Additional Definitions
a. Group life Murance;
As respects Employee Benefit Li.
group accident or
ability Coverage, SECTION V -
health insurance; don.
DEFINITIONS is amended as fol-
tat, vision and hearing
lows:
plans; and flexible
spending accounts;
{t) The following definitions are
provided that no one
added.
otter than an 'em -
t. "Adrninislralion"means:
ployee" may subscribe
to such benefits and
a. Providing information to
such benefits are nettle
'empioyeos", including
generally avnilable to
'employees"who
tta'a depsndenfs and
those
die
beneficiaries, with re-
satisfy plans eligi.
Spoof to atgibgily for or
bility requirements;
scope of 'employee
benefit programs";
b. Profit sharing plans,
employee savings
b. Interpreting Ilia 'am.
plans, employee stock
Ployoe benefit pro.
ownership plans, pen-
grama';
sion plans and stock
subscription plans,
c. Handlingg records in
provided that no one
conneollon with the
other than an -am.
'employee benefit pro.
ployee' may subscribe
grams'; or
to such benefits and
d. Effecting, continuingor
such benefits are made
any
terminatingm-
generally available a
all "employoos' who
ploy¢e's' Participation
nro eligible under the
in any benefit included
plan for such benefits;
in the 'employee bene.
fit program'
c. Unemployment incur.
However, "administration"
once, social saudly
benefits, workers' oom•
does not Include:
pensation and disabglty
A. Handling payroll de-
benefits; and
duclions; or
d. Vacation plans, includ.
Ill, The failure to affect or
Ing buy and seg pro -
maintain any Insurance
grans; leave of ab.
or adequate limits of
sence programs, in.
coverage of insurance,
clueing military, mater.
Including but not limited
nity, family, end civil
to unemployment in.
leave; luilion assis-
surance, social security
tante plans; transpor.
beneilts, workerc' tom.
niton and heallh club
pensagon and disability
subsidies.
benefits
(2) The following definitions are
2. 'Cafeteria plans' means
deleted in their entrety and re-
plan authorized by applicn-
placed by ilia following:
blo law to allow "employ.
21. 'Suit" means a civil pro-
ses' to elect to pay for oar.
lain benefits
caeding in which money
will) Pre-tax
dollars.
damages because of an
act, error or omission to
3. "Employee benefit pro.
which this insurance applies
grams" moans a program
are alleged. -Suit- Includes-.
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Ohloe, Inc., with its permission. Page 7 of 16
2.
3.
a. An arbitration pro-
(1) As respects Water Damage Le-
ceeding in which suchgal
Liability, as provided in
damages are stained
Paragraph 3,b, above:
and to which the in-
In-
sured muni submit or
The exclusions under SECTION
does swilt our
I - COVERAGES, COVERAGE
consentt;;
A. BODILY INJURY AND
PROPERTY DAMAGE LIABIL-
b, Any other alternative
ITY, 2. Exclusions, other than 1.
dispute resolution pro-
War and the Nuclear Energy
seeding In which such
Liability Exclusion, are deleted
damages are claimed
and the following are added!
and to which Ilia In-
sured submits with our
This insurance does not apply
consent; or
toy
c. An appeal of a civil
(a) 'Property damage-:
proceeding.
i) Assumed in any con -
0. "Employee' means a per
tract; or
son actively employed, for
2) Loss caused by or re-
medy employed, on leave
cutting train any of the
of absence or disabled, or
following'.
retired. 'Employee" in-
cludes a 'leased worker'.
a) Wear and tear;
"Employee- does not in-
clude a'temporary worker'.
b) Rusl, corrosion,
fungus, decay,
unintentional Failure to Disclose Haz•
deterioration, hid•
ards
den or latent de-
fect or any quality
SECTION IV - COMMERCIAL GENERAL
property that
LIABILITY CONDITIONS, 7. Represem
c dam•
causes
tuitions Is herebyamended b the addi-
Y
d s
age or destroy it.
tion of the following:
sell;
Based on our dependence upon your
c) Smog;
representations as to existing hazards, if
unintentionally you should fel to disclose
d) Mechanical
all such hazards at Hie inception dale of
breakdown fn -
your policy, we will not reject coverage
eluding rupture or
under this Coverage Part based solely on
bursting caused
such failure,
by centrifugal
Damage to Promises Rented to You
force'
e) trot k
a. The last Subparagraph of Paragraph
shr niking ex -
2. SECTION I - COVERAGES,
pansion; Or
COVERAGE A. - BODILY INJURY
AND PROPERTY DAMAGE, 2. LI-
1) Nesting or Infesta.
ABILITY Exclusions Is hereb9y de-
tion, or discharge
soled and replaced by the follow no:
or release of
waste products or
Exclusions c, through do not 1
9 sight-
by n•
soots,
x
to damage by (ire, explosion, light-
sects, birtls, ro•
bin
ning, smoke or soot to premises
dents or other
while rented to you or temporarily
animals.
occupied by you with permission of
the owner.
(b) Loss caused directly or irdi-
by any of the (olbW-
b. TI1e insurance provided under SEC-
Inctly
g'
TION I•COVERAGES, COVERAGE
A. BODILY INJURY AND PROP-
1) Earthquake, volcanic
ERTY DAMAGE LIABILITY applies
eruption, landslide or
to 'property damage' seising out of
any other earth movo-
water damage to premises that are
Mont;
both rented to and occupied by you.
Includes copYeighled material of Insurance
GA 237 IL 02 07 Services Office, Inc., with Its permission. Page a of 15
2) Water dial backs up or
overflows from a
sewer, drain or sump;
3) Water under the
ground surface press.
ing on, or flawing or
seeping through:
a) Foundations,
walls, floors or
paved surfaces;
b) Basements,
whether paved or
not; or
o) Doors, windows of
other openings
(o) Loss caused by or resulting
from water that leaks of
flows from plumbing, heat-
ing, air conditioning, or fire
protection systems caused
by or resulting from freez-
ing, unless:
t) You did your best M
maintain heat in the
building or structure; or
2) You drained the
equipment and shut off
the water supply if the
heat was not main.
tafned.
(d) Loss to or damage to
1) Plumbing, healing, air
conditioning, Ike pro•
taction systems, or
Other equipment or ap-
pflences; or
2) Tho interior or any
building or structure, of
to personal property in
the building or structure
caused by or iesulting
from rain, snow, sleet
or ice, whether driven
by Wind or not
o. Limit of Insurance
The Damage to Premises Rented to
You L mil as shown in the Declare
tions is amended as follows:
(2) Paragraph 6, of SECTION III ,
LIMITS OF INSURANCE is
florally deleted and replaced by
file following:
6. Subject to 5. above, ate
Damage to Promises
Rented to You Limit is the
most We will pay under
COVERAGE A. BODILY
INJURY AND PROPERTY
DAMAGE LIABILITY, lot
damages because O(
"property damage' to
Premises While rented to
you or temporarily occupied
by you with permission of
the owner, aricing out of
any one "oxurrence' to
which this Insurance ap.
plies.
(3) The amount we will pay is fm-
iled as described in Section B.
Limits of Insurance, 3. Dent,
ago to Promises Ranted to
You of this endorsement.
4. Supplementary Payments
Under SECTION I - COVERAGE, SUP-
PLEMENTARY PAYMENTS - COVER-
AGES A AND 8:
a. Paragraph 2. is replaced by the fol-
lowing:
Up to the limit shown in Section B.
Limits of Insuranoe, 4.e. Ball Bonds
of this endorsement lot cost of bait
bonds required because of accidents
as traffic law violations arising out of
the use of any vehicle to which the
Bodily Injury LiabBity Coverage ap-
plies. We do not have to furnish
those bonds.
b. Paragraph 4. is replaced by rho lof-
lowing:
All reasonable expenses Incurred by
the Insured al our request to assist
us in the Investigation or defense of
the claim or "slut', including actual
loss of earnings up to the fimil shown
In Section B. Limits of insurance,
4,b. Loss of Earnings of this on-
dorsamgnt per day because of time
off tram work.
S. Modica( Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations Is
amended to the limit shown in Section B.
Limits of Ineuranee, 5. Medical Pay-
ments of this endorsement
6. Voluntary Property Damage and Care,
Custody or Control Liability Coverage
a. Voluntary Property Damage Cov.
erage
We will pay for `property damage" to
properly of others arising out of op -
Includes cap righted mutorial of Insurance
GA 233 IL 02 07 Services Use, Inc., with its permission Page 9 of 15
orations incidental to the insureds
business what):
(1) Damage is caused by the in-
sured; or
(2) Damage occurs while In the in.
eerad's possession.
With your consent, we will make
[hese payments regardloss of fault
b. Care, Custody or Control Liability
Coverage
SECTION I - COVERAGES, COV-
ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2.
Exclusions, ). Damage to Properlyy
Subparagraphs (3), (q) and (5) do
not apply to 'property damage' to
the Property of otters described
therein
With respect to the insurance provided by
this section of the endorsement, the fol•
lowing additional provisions apply:
a. The Limits of Insurance shown in the
Declarations are replaced by the len.
its designated in Section B. limits of
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Control Liability Coverage or tills
endorsement with respect to cover•
age provided by Oils 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 tills endorse.
motif 8x the most we will pay in any
one "occurrence' regardless of the
number of:
(1) Insureds,
(2) Claims made or"suits' brought;
or
(3) Persons or organizations mnk
ing claims or bringing "suits".
b. Deductible Clause
(1) Our obligation to pity damages
on your behalf applies only to
Hie amount of damages for each
'ocamence" which arc in ax -
cess of the deducible amount
stated in Section 8. Limits of
Insurance, 6. Voluntary Prop-
erty Damage and Care, Cus-
tody or Control Dill Cov-
erage of this endorsement, The
limits of Insurance will not be re-
duced by the application of such
deductible amount.
(2) Condition 2. Duties in the Event
of Ocourrenoo, Otlenso, Claim
or suit, apples to each ciaim or
'suit" irrespective of the amount
(3) We may pay any pan or all of
the deductible amount to effect
settlemenl of any claim of "gull"
and, upon notification of tie ac.
Ilan taken, you sing promptly
reimburse us for such pan of the
deductible amount as hes been
paid by us.
7, 180 Day Coverage for Newly Formed or
Acquired Organimtiono
SECTION II - WHO IS AN INSURED is
amended as follows:
Subparagraph a. of Paragraph e. is
hereby deleted and replaced by the fol.
lowing.
a. Insurance under this provision is af•
lorded only until Ste 180th day after
you acquire or form the organitabon
or the end of Ste policy period,
whichever Is earlier;
8, Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, 9. Transfer of
Rights of Recovery Against Others to
Us is hereby amonded by the addition of
the lollowing.
We waive any right at recovery we may
have because of payments we make for
injury or damage arising out of your on.
going operations or "your work' done un•
dor a written contract requiring such
waiver with that person or orgmh¢ation
and included In the "producte-conipleted
operations hazard" However, our rights
may only be waived prior to the 'occur-
rence' giving rise to the Injury or damage
for which we make payment under this
Coverage Peril. The insured must do
nothing after a loss to impair our rights.
At ow request, tie Insured will bring suit'
or transfer those rights to us and help us
enforce those rights.
9. Automatic Additional Insured - Speci•
fled Relationships
a. the following is hereby added to
SECTION 11 - WHO IS AN INSURED:
(1) Any. person or organization us.
scribed in Paragraph 9,a,(2)
below (hereinaher referred to as
additional insured) whom you
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc , with its permission. Page to of 15
are required to add as an addl
hal( of such additional
110,1611 Insured under this Cover.
insured,
age Part by reason of:
(a) A written contract or
(b) Any parson or organization
from which you lease
agreement; or
equipment with whom you
(b) An oral agreement or con.
have agreed per Paragrapph
9.a.(1) above to In•
tract where a certificate of
provide
insurance showing that per.
surance. Such person(s) or
son or organization as an
orpanizalion(s) are insureds
additional insured has been
solely with respect to Thee
Issued,
liability arising out of the
maintenance, operation or
is an Insured, provided:
use by you of equipment
(a) The written or oral contract
leased
leased to you by such per.
orwganRAllons(6).
Of agreement (s'
However, M Insurance
1) Currently in effect or
does not apply to any "oc-
becomes effective
currorl which takes place
during the po9oy pe•
after the equipment lease
rlod: and
expires.
2) Executed prior to an
(c) Any person or organization
'occurrence" or offense
(relented to below as ven•
to which this Insurance
dor) with whom you have
would appy: and
agreed per Paragraph
9.a.(t) above to provkle in -
(b) They are notsppeecrticelly
suranoe, but only with re-
named as an a Wonaf In.
$pact to "bodily Injury" or
sured under any other pro.
vision
'properly damage" arisinngg
"your
of, or endorsement
out of products' whiclp
Added b, this Coverage
are distributed or sold in the
Part.
regular course of Ne ven-
Only the foUOwing persons or
dor's(2) business, subject to
the following additional ex.
organizations are additional in.
elusions:
surods under tills endorsement,
and insumnco coverage pro
1) The insurance afforded
vided to such additional in.
the vendor does not
su(eds is limited as provided
apply to:
heroin:
(a) The manager or lessor of a
a) 'Bodily In)uty" or
'properly damn
Promises leased to you with
for which the ven-
whom you have agreed pot
dor is obligated to
Paragraph above to
pay damages by
provide insurance, but only
reason of the as -
with respect to tiabtily ads-
gumption of habil.
Ing out of the ownership,
ity in a contract or
maintenance or use of [hat
agreement. This
Pan of a premises leased to
exclusion does not
YOU, subject to the folfowling
apply to liability for
additional exclusions:
damages that the
This
This insurance does not
vendor would
have in the ab.
to;
aence of the con-
t) An Y 'occurrence'
tract or agree•
wh h take's place after
menC
YOU cease to be a len.
ant in that premises,
b) Any express war.
ranty unauthorized
2) Structural alterations,
by you;
new construction or
demolition operations
o) Ahemkal physical
Any physical or
chaor
ge
perfonnod by or at be, -
In tie product
Includes oopyyrightod materiel of insurance
GA 2" IL 02 07 services OMice,
file., with its permission.
Page 11 of 1S
GA 233 IL 02 07
made intentionally
companying or
by the vendor;
containing such
d) Repackaging, un-
products; or
less unpacked
b) Man liability in.
solely for tine pur-
ckdsd within die
pose of Inspection,
`producls-
demonsuation,
completed opera -
testing, or the
tans hazard' has
substitution of
been excluded
parts under in
under this Cover•
swokons from Ore
age Pan with re-
manufacturer, and
spect to such
men repackaged
products.
in the original
container, (d)
Any wale or cal shave
which
e) Any failure to
agreed per Paragraph
make such in-
9.a(1) above to provide In-
rspections,
spections,adjum.
suranco, subject to the lot.
Monts, tests or
lowing addillonaf provision:
servicing as the
vendor has
This insurance applies only
PM Y
agreed to make or
with respect to the following
normally under.
hazards for which the state
takes to make In
or political subdivision has
Ilia usual course
issued a pennllIn connec-
of business, In
toll Willi premises you own,
connection with
rent or control and to which
His distribution or
this Insurance applies:
sate o1 Ills prod-
1) The existence, mainle-
ucis;
nonce, repair, con-
t? Demonstration, in-
struction, erection, or
siatlation, servic•
removal of advartising
lug or repair op.
signs, awnings, cavo•
emlions, except
plus, cellar entrancos,
such operations
coni holes, driveways,
pedomed at the
manholes, nharquoss,
vendor's premises
holst away openings,
In connection whit
sidewalk vauttc, street
the sale of One
ballets, or decora.
product;
Iiwns and similar expo-
xpog)
g)Products which,
suras; or
after disItibution or
2) The construction, erec-
sale by You, have
tion, or removal of ele-
been labeled or
vators;or
relabeled or used
os a container,
3) The ownership, maln-
,all or Ingredient
tenance, o use of any
Of any other Thing
elevators covered by
o
Of substance by or
this Insurance.
(or the vendor- (e)
Any state or political subdi-
2) This Insurance does
vision Willi which you have
not apply (o any in,
agreed per Paragraph
9.a.(1) above to provide in-
cured parson or or-
ganizatiorr
surance, subject to the lot
lowing provisions.
a) From whomyyou
have acquked
1) This Insurance applies
such products, or
only Willi respect to op•
any Ingredient,
orations performed byy
pan of container,
you or on your bell t
entering into, ac -
for which the state or
Includes copyrighted material of Insurance
Services Office, Inc., Willi Its permission.
Page 12 of 15
political subdivision has
out of the sola negigance
Issued a permit.
or willful misconduct of the
2) This insurance does
'bodily
additional Insured or their
agents, 'employees' or any
not apply Io In-
jury', 'property dem-
other representative of the
age" or 'Personal and
additional insured; or
advertising injury' aris-
(c) Subparagraph (1) does not
hog out of operations
apply to bodily injury",
perforated for Ilia state
'property damage" or 'per.
at political subdivision
sonal and advertising injury"
(Q Any person or organization
arising out ot
with which you have agreed
1) Defects in design fur -
per Paragraph e.ap)
nlshed by or on behalf
above to provide Insurance,
of the additional hr
but only with respect to if.
sured; or
ability arising out of "your
work' performed for 9ret
2) The renderingof, or
additional Insuredby you or
failure to render, any
an your behalf. However,
professional architoo.
the City of Chicago, its of F-
lural, engineering or
cors, employees and
surveying services, in.
agents are not Insureds
eluding;
Will) respect to liability
caused by or arising from:
a) The preparing,
approving or fail -
t) The building or dices•
ing to prepare or
sembly of scaffolding
approve maps,
by or for you; or
shop drawings,
2) The use of such scaf.
opinions, reports,
surveys, Hold or.
folding,
ders, change or.
person
ders or drawings
and speciftations;
s
status as In ed undorgarrilzer this
Insured under tent
and
of
provhbn of this endorsement
continues for only the period of
b) Supervisory, in -
fir" required by are written
speollon, archi-
contract or agreement, but In no
tectural or engi-
event beyond Nue expiration
nearing activities.
date of thisCoverage Pan. 11
there is no written contract or
31 'Your work" for which a
agreement, or it no period of
consolidated (wrap-up)
Uma is required by life written
insurance program has
contract or agreement, a person
been provided by the
OF organizations status as an
primeconiractor-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.
volved.
(3) Any Insurance provided Wan
additional insured designated
b. Only with regard to Insurance pro.
under Paragraph
vided to an additional Insured desig-
nated under Paragraph 9.a.(2) Sub.
(a) Subparagraphs (e) and (t)paragraph
(I) above, SECTION III -
does not apply to 'bodily
LIMITS OF INSI)pANCE is amended
injury" or "property damage'
to include:
Included within the "prod
uets-completed operations
The limits applicable to the additional
hazard";
Insured aro those specified In the
written contract of agreement or in
(b) Subparagraphs (a), (b), (d),
the Ducla ations of this Coverage
(e) and (1) does not apply to
Part, whichever are less. If no limits
"bodily bnjury", 'property
are specified In the written contract
damage' or "personal and
or agreement, or 11 there Is no written
advertising Injury" arising
contract or agreement, die limits ap-
Includes copyrighted material of Insurance
GA 2331L 02 07 Services Office, Inc„ with its permissicn. Page 13 of 16
plkable to the additional Insured are
If a written contract or
(hose specified in the Declarations of
agreement between you
this Coverage Pan. The limits of fn-
and the additional Insured
surance are Inclusive of and not In
specifies that coverage for
addition to the limits of Insurance
the additional insured:
shown in die Declarations.
a. Be provided by the In-
o. SECTION IV • COMMERCIAL GEN.
surance Services 01-
ERAL LIABILITY CONDITIONS is
lice additional Insured
hereby amended as follows:
form number CG 20 10
(1) Condition S. Other Insurance is
or CG 20 37 (where
edition specified); or
emended to Include:
(a) Where required by a written
b. Include coverage for
completed operations:
contract or agreement, this
insurance is primary and 1
or
of nonoontlibulory as re,
c. Include coverage for
specie any other insurance
your work';
Policy Issued to the addi
Isonal Insured, and such
and where the limits or my
other insurance policy shall
erageprovidedo the dl.
be excess and I or aloon•
s
dd cmore dl
tributing, whichever applies,
slective than was speciti•
with this insurance.
tally required In that written
contract or agreement, the
(b) Any Insurance provided by
terms of Paragraphs
Oils endorsement shelf be
9A.(3)(a), 9.a.(3)(b) or 9.b,
primary to other insurance
above, or any combination
available to the additional
t ereol, shall be interpreted
insured except:
as providing the Omits or
1) As of erwiss provided
coverage raqulred by the
in SECTION IV -
terms of The written contract
COMMERCIAL GEN•
or agreemenl, but only to
ERAL LIABILITY
the extent that such omits or
CONDITIONS, 6. Other
coverage is included within
Insurance, b. Excess
b
tie terms of the Coverage
Insurance;
Part to which this endorse
Ment Is altiched, it, how.
2) For any other valid and
ever, the written contract or
collectible Insurance
agreement specifies the In•
avatnble to the addi-
surance Services Office
fional insured as an
additional Insured form
additional blsurod by
number CG 20 10 but does
attachment of an all.
not specify which edition, or
dosement to another
specifies
an tion that
Insurance policy that Is
Paragraphs
written on an excess
8.a.{3){aj and e.a.(3)(b) 01
basis. In such case,
ibis endorsement shall not
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 Liability • Wok
(2) Condition 11. Conformance, to
Within SW of Railroad Properly
Specific Written Contract of
It is hereby agreed that Paragraph 1.(1) of
Agreement is hereby added.
Definition 12. *Insured contracr (SEC -
11. Conformance to Specific
TION V . DEFINITIONS) is deleted.
Written Contract or
Agreement
11. property Damage to Borrowed Equip -
Mont
With respect to additional a. The following is hereby added to Ex -
Insureds described In Paris. clusion I. Damage to Property of
graph 9.4.(2)(1) above only: Paragraph 2., Exclusions of SEC.
TION I - COVERAGE$, COVERAGE
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc., with its permission Page 14 of 15
A. BODILY INJURY AND PROP.
ERTY DAMAGE LIABILITY:
paragraphs (3) and (4) of this exckr-
Won do not apply to tools or equip•
mont loaned to you, provided they
are riot being used to perform opera.
tions at the Omo of loss.
b. With respect Io the Incurance pro.
vided bthis section of the in-
dorsemeny t, the following additional
provisions apply:
(c) We may pay any part or all
of die deductible amount to
effect settlement of any
claim or "suit' and, upon
notification of me action
taken, you shall promptly
reimburse us for such part
of the deductible amount as
has bean paid by us.
12. Employees as Insureds - Specified
Health Care Servioes
(1) The Limits of Insurance shown
it Is hereby agreed that Paragraph
In the Declarations arereplaced
2.a.(1xd) of SECTION II - WHO IS AN
by the Emits designated in Sec.
INSURED. does not apply to your 'em
ployess' who provide pro(eselonal health
tion B. Limits of Insurance, 11.
of this endorsement with respect
core services on your behalf as duly h-
to coverage provided by this
conned'
endorsement. These limits are
a. Nurses;
Inclusive of and not kn addition to
the fitnits being replaced. The
It. Emergency Medioaf Tedmicians, or
Limns of Insurance shown in
Section B. Limits of Insurance,
c. Paramedics,
11. of this endorsement fix the
In the jurisdiction where an "occurrence'
mostwe will pay In any one "oc•
or offense to which Otis insurance applies
currence- regardless of Ute
takes place.
number of:
(a) Insureds;
(b) Claims made or -suits"
brought; or
(c) Parsons or organizntions
making cloints or lame
"sults'.
(2) Deductible Clause
(4) Our obligation to pay dam
ages on your behalf applies
only to the amount of dam.
ages for each "Occurrence'
which are in excess o1 tine
Deductible amount stated in
Section B. Limits of insur-
Ince, 11. of Oils endorse.
ment. The Emits of insur-
once will not be reduced by
the application of such De-
ductible amount.
(b) Condiilom 2. Duties in the
Event of Occurrence, Of.
fense, claim or Suit, ap.
plies to each claim at "suit'
irrespective of the amount.
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 deleted and replaced
by file following:
a. You must see to it that we are noti-
fied its soon as practicable of an
'occurrence' or an offense which
may result in a claim. To the extent
possible, italics should include:
(1) How, when and whore the 'oc-
currence" or offense took place;
(2) The names and addresses of
any Injured persons and Wit.
nassas; and
(3) The nature and location of any
Injury or damage arising out of
the occurrence" or offense.
This requirement applies only when
Ow "occurrence" or offense is known
to all 'authorized representative"
Includes copyrighted material of Insurance
GA 233 IL 02 07 Services Office, Inc., with its permission. page 16 0115