Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA APRIL 22, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – April 8, 2026 Public Comment Items on Both Agendas A. Performing Artist Contracting Procedures—Ordinance Amending Chapter 5.18, Entitled “Leases for Designated City Facilities and Performance Contracts,” of the Elgin Municipal Code (No Cost) Objective: Revise the city’s procurement process for performing artists to reflect current operations, industry standards and the full range of locations where events are produced by the department of cultural arts and special events. Initiatives and Other Items B. Amendments to the 2025 Budget Consistent with the Illinois Municipal Budget Law (No Cost) Objective: Provide budget amendments to reflect actual financial activity undertaken within the 2025 budget. C. Mad Bomber Fireworks Production for the 2026 Fourth of July Fireworks and 2026 La Fiesta de Elgin Fireworks—Agreement with MIAND, Inc. (Not to Exceed $83,000) Objective: Provide the annual Fourth of July and La Fiesta de Elgin fireworks displays for Elgin residents and visitors. D. Repair and Resurfacing Various Basketball and Tennis Courts—OMNIA Contract No. R220501 ($125,000) Objective: Perform necessary maintenance to extend the useful life of the basketball and tennis courts at Heritage, Copper Springs and Clifford Owasco Parks. Committee of the Whole Agenda – April 22, 2026 Page 2 E. Walton Island and Downtown Bike Path Bridges—Pedestrian Bridge Decking Replace- ment ($74,094) Objective: Replace deteriorated bridge decking to improve public safety and extend the service life of existing pedestrian bridge infrastructure. F. Police Department Cold Case Unit—Office Renovations and Technology Improvements ($131,870) Objective: Renovate existing office space within the police department to house the re- cently created Cold Case Unit that will reflect modern policing needs to include updated technology and a collaborative workspace. Announcements from Council Announcements from Staff Executive Session G. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Spe- cific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: A MEETING DATE: April 22, 2026 ITEM: Performing Artist Contracting Procedures—Ordinance Amending Chapter 5.18, Entitled “Leases for Designated City Facilities and Performance Contracts,” of the Elgin Municipal Code (No Cost) OBJECTIVE: Revise the city’s procurement process for performing artists to reflect current operations, indus- try standards and the full range of locations where events are produced by the department of cultural arts and special events. RECOMMENDATION: Adopt the ordinance amending Chapter 5.18 of the Elgin Municipal Code to reflect current oper- ations, industry standards, and the full range of locations where events are produced by the de- partment of cultural arts and special events. The proposed amendments to Chapter 5.18 of the procurements ordinance (Title 5 of the Elgin Municipal Code) revise the city’s procurement process for performing artists to reflect current operations, industry standards, and the full range of locations where events are produced by the Department of Cultural Arts and Special Events (DCASE). The amendments expressly authorize the existing process for all locations hosting events produced by DCASE, allowing staff to finalize agreements and issue deposits to performers in a timely manner. This change improves the city’s ability to secure talent, maintain flexibility across venues and continue delivering high-quality arts and cultural programming. BACKGROUND Chapter 5.18 of the Elgin Municipal Code, entitled “Leases for Designated City Facilities and Per- formance Contracts,” was amended in 1997 to establish a process for negotiating and executing agreements with performing artists at the Hemmens Cultural Center, Wing Park Bandshell and Lords Park Pavilion. Since that time, the city’s arts and cultural programming has grown significantly. Today, the de- partment produces events across multiple venues throughout the community, including parks, Downtown spaces and other city properties. The current code, which is limited to specific loca- tions, no longer reflects how arts and cultural programming is delivered. Updating Chapter 5.18 1 provides a consistent and formalized framework for executing artist agreements across all loca- tions where events are produced by the Department of Cultural Arts and Special Events (DCASE). OPERATIONAL ANALYSIS Performing artists and their agencies require strict confidentiality during contract negotiations and prohibit public announcements until agreements are fully executed. In addition, artists often book tour schedules well in advance, requiring timely execution of agreements and payment of deposits to secure performance dates. The current municipal code only expressly authorizes the city’s contracting process to specific locations: the Hemmens Cultural Center, Wing Park Bandshell and Lords Park Pavillion. These three venues do not include the full range of venues now used for city events. The venue limita- tion reduces flexibility in negotiating and securing performers across multiple locations and limits staff’s ability to respond efficiently to booking opportunities. Departing from the existing approval processes under Chapter 5.18 could require public disclo- sure before agreements are finalized, a conflict with standard performance industry practices. The ability to complete agreements and issue deposits swiftly is what confirms tour routes and artist participation. These constraints limit the city’s ability to secure performers and align with typical booking timelines. The proposed amendments remove location-specific limitations and extend the existing con- tracting process to all venues managed by DCASE. This allows staff to execute agreements in a timely manner while maintaining current legal and financial review procedures. The amendments align the municipal code with current operations and industry standards, sup- porting the city’s ability to continue delivering high-quality arts and cultural programming. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS All agreements will continue being reviewed by the chief financial officer (the current procedure) to ensure all DCASE expenses for performing artists are consistent with the city’s adopted budget. BUDGET IMPACT None. 2  FUND(S) ACCOUNT(S) PROJECT #(S) ESTIMATED AMOUNT BUDGET AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The city council may choose to not amend Chapter 5.18 of the Elgin Municipal Code. This action will negatively impact the city’s ability to secure talent, maintain flexibility across venues and continue delivering high-quality arts and cultural programming. NEXT STEPS Adopt the proposed ordinance amending Chapter 5.18, entitled “Leases for Designated City Fa- cilities and Performance Contracts,” of the Elgin Municipal Code. Originators: Nickon Etminan, Procurement Manager Amanda Harris, Director, Cultural Arts and Special Events Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENT A. Proposed Ordinance Amending Chapter 5.18, entitled “Leases for Designated City Facilities and Performance Contracts,” of the Elgin Municipal Code 3  Ordinance No. Gxx-26 AN ORDINANCE AMENDING CHAPTER 5.18 OF THE ELGIN MUNICIPAL CODE ENTITLED “LEASES FOR DESIGNATED CITY FACILITIES AND PERFORMANCE CONTRACTS FOR HEMMENS AUDITORIUM” WHEREAS, Chapter 5.18 of the Elgin Municipal Code, entitled “Leases for Designated City Facilities and Performance Contracts for Hemmens Auditorium,” expressly authorizes the City Manager to award performance contracts for entertainment performances to be conducted in the Hemmens Auditorium in accordance with the procedures set forth therein; and WHEREAS, since the 1997 establishment of the procedures in Chapter 5.18 for awarding performance contracts, the City’s event and entertainment programming has grown significantly and is no longer limited to the specific locations identified in Chapter 5.18; and WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to amend Chapter 5.18 to authorize the City Manager to award performance contracts for entertainment performances for all venues managed by or events conducted by the City; and WHEREAS, the City of Elgin is a home rule unit of government, and pursuant to Article VII, Section 6(a) of the Illinois Constitution, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS the adoption of an ordinance amending the regulation and procedures for the procurement of supplies, services, and construction pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That foregoing recitals are hereby incorporated into this ordinance as though fully set forth herein. Section 2. That Chapter 5.18 of the Elgin Municipal Code, entitled “Leases for Designated City Facilities and Performance Contracts for Hemmens Auditorium,” be and is hereby retitled “Leases for City Facilities and Performance Contracts,” and amended in its entirety to read as follows: “CHAPTER 5.18. – LEASES FOR DESIGNATED CITY FACILITIES AND PERFORMANCE CONTRACTS FOR HEMMENS AUDITORIUM 5.18.010. – Generally. Lease agreements with third parties for events to be conducted in city facilities the Hemmens Cultural Center, the Lord's Park pavilion or the Wing Park bandshell and  performance contracts for entertainment performances to be conducted at city venues or events in the Hemmens Cultural Center may be made by the city manager in accordance with the procedures authorized in this chapter. 5.18.020. – Procedures. The city manager or designee shall be responsible for the initial negotiation of the lease agreements with third parties for events to be conducted in the Hemmens Cultural Center, the Lord's Park pavilion or the Wing Park bandshellcity facilities and performance contracts for entertainment performances to be conducted in the Hemmens Cultural Centerat city venues or events. All such leases and performance contracts shall be forwarded to the corporation counsel for review and approval. All such performance contracts shall also be forwarded to the fiscal services manager for the manager’s determination as to whether a budget appropriation has previously been made and whether sufficient funds remain available for the proposed performance contract. Upon final approval by the corporation counsel and upon the fiscal services manager certifying in writing the existence of a budget appropriation and sufficient remaining funds for performance contracts, such leases and performance contracts shall be forwarded to the city manager for consideration of award and execution. 5.18.030. – Reports to council. All leases and performances contracts under this chapter which have not been approved by the city council shall be reported monthly to the city council.” Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 2 AGENDA ITEM: B MEETING DATE: April 22, 2026 ITEM: Amendments to the 2025 Budget Consistent with the Illinois Municipal Budget Law (No Cost) OBJECTIVE: Provide budget amendments to reflect actual financial activity undertaken within the 2025 budget. RECOMMENDATION: Adopt the proposed amendments to the 2025 budget. The city’s annual budgets are prepared using revenue estimates and expenditure recommenda- tions. This inherently speculative nature of budgeting makes it impossible to predict with com- plete accuracy the funding levels necessary for the coming fiscal year. The Illinois Municipal Budget Law requires the approval of year-end adjustments that reflect the actual financial and programmatic changes approved by the city council during the budget year. By amending the city budget in a retroactive fashion, the adjusted budget can reflect the actual funding requirements needed by the city. Amendments are required if the actual revenue or expenditure exceeds what was budgeted for the fiscal year. Under budget items are not normally amended. The most sig- nificant amendments have been previously reported to the city council. BACKGROUND Budget amendments are brought before the city council each year for consideration as required by the Illinois Municipal Budget Law. These adjustments are necessary to implement city council decisions made during the year and to reflect actual financial and programmatic changes that have occurred. While much of this information has been previously reported to the city council, this memorandum is designed to provide supplemental information regarding the proposed amendments to the 2025 Budget. OPERATIONAL ANALYSIS The annual budget must be adopted by the city council prior to the beginning of the fiscal year. The speculative nature of budgeting makes it impossible to predict with complete accuracy the 1 funding levels necessary at the fiscal year’s inception. Because the budget is prepared using rev- enue estimates and expenditure recommendations, it must be amended to reflect the actual fi- nancial activity undertaken during the year. By amending the city budget in a retroactive fashion, the adjusted budget can reflect the actual funding requirements needed by the city. Amendments are required if the actual revenue or ex- penditure exceeds what was budgeted for the fiscal year. For example, if a fund cost center ex- pends over its budgeted amount, it is amended. When it comes in under budget, it is normally not amended. The city adopts budgets for seven fund types, and each is reviewed and considered for budget amendments: • General Fund • Special Revenue Funds • Debt Service Fund • Capital Improvement Funds • Enterprise Funds • Internal Service Funds • Trust and Agency Funds Amendments to the 2025 Budget The following chart identifies the recommended amendments to the 2025 Budget. These amend- ments reflect the budget adjustments made throughout the course of the year. The analysis pro- vided for the adjustments in each fund type is not intended to be exhaustive, but rather to illu- minate the major components of the required adjustments. General Fund GENERAL FUND Original Amended Budget Budget Adjustment Note Total Revenues $176,843,030 $195,853,000 $19,009,970 1 Expenditures by department: Mayor and Council 293,410 293,460 50 City Clerk 362,050 362,050 0 Office of the City Manager 2,094,920 2,094,870 (50) 311 Center 1,038,420 1,036,620 (1,800) Economic Development 1,989,800 1,989,800 0 Legal 1,281,450 1,281,450 0 Boards/Commissions 554,920 623,320 68,400 2 Finance 2,897,100 2,912,170 15,070 Human Resources 1,877,290 1,912,670 35,380 3 Information Technology Systems 2,156,400 2,156,400 0 Purchasing 572,380 569,500 (2,880) 2  Neighborhood Services 3,420,970 3,421,060 90 Community Development 2,438,350 2,456,200 17,850 Police 62,510,970 63,234,410 723,440 4 Fire 38,188,670 38,369,490 180,820 5 Building Maintenance 3,997,120 3,999,120 2,000 Public Works 23,785,420 26,256,630 2,471,210 6 Cultural Arts & Special Events 4,634,300 4,982,250 347,950 7 Non-Departmental 13,398,500 28,550,940 15,152,440 8 Financing Transfers 8,750,000 8,750,000 0 Total Expenditures $176,242,440 $195,252,410 $19,009,970 The majority of the budget adjustments are made within the General Fund. It should be noted that many of the budget adjustment requests involve expenditure line items within the same division and department. In these instances, the department’s total budget allocation remains unchanged. Explanations for all departmental adjustments totaling more than $25,000 are pro- vided below. 1. Revenue adjustments were made in the amount of $19,009,970. Adjustments totaling $874,000 were made to reflect the use of escrow funds. Funds are placed in escrow accounts when they are designated for future expenditures and require a budget adjustment so the funds can be spent. Most significantly, escrowed transportation impact fees, in the amount of $772,000, were used to fund a road pro- ject. Additional examples of escrow funds include funds set aside for sanitary sewer review by engineering firms, funds for police department programs and public safety impact fees. The budget was also adjusted to reflect the use of general fund reserves, in the amount of $1,551,000, to provide funding for the environmental cleanup of a city property. In addition, revenue budgets increased $837,000 for grant revenues for a subaward from the Association for Individual Development and $400,000 for a grant from Kane County American Rescue Plan funds, both for reimbursement of expenses related to rehousing individuals. Additionally, refuse revenue was increased due to increased billings and expenditures for refuse disposal. The remainder of the adjustments are the result of purchase orders rolled from 2024. The need to roll purchase orders is the result of two circumstances. The first situation relates to projects approved by Council, late in the year, after the next year’s budget has been prepared, necessitating this type of budget adjustment. In addition, projects are occasionally estimated to be completed in the current year, but delays in complet- ing the projects require that a budget adjustment be made to carry the project over to the next fiscal year. 3 2. The original budget for Boards and Commissions was increased to roll forward a por- tion of the 2024 budget for the Human Relations Commission and for ticket sales and donations for the Martin Luther King celebration. 3. The Human Resources department budget was increased for the annual subscription for the human capital management system that centralizes and automates human resource functions. General Fund contingency funding was transferred from the non- departmental budget. 4. The Police department budget was increased for training reimbursements, the award of the Department of Justice Edward Byrne Memorial grant and for the Kids United program which reflects the use of escrow funds set aside for this program. Corre- sponding revenue adjustments were made for these three items. The remainder of the adjustments are the result of purchase orders rolled from 2024. 5. The Fire department budget was increased for training reimbursements and dona- tions. A fire station location study was funded by the sale of obsolete radios. Corre- sponding revenue adjustments were made to utilize funding from the training reim- bursements, donations and from the sale of obsolete fire department radios. The re- mainder of the adjustments are the result of purchase orders rolled from 2024. 6. The increase to the Public Works budget is primarily due to increased refuse disposal charges which are offset by corresponding increases in revenue. Additional increases were made to reflect the receipt of an Illinois Department of Natural Resources grant for forestry and the use of escrow fees for sanitary sewer reviews. The remainder of the adjustments are the result of purchase orders rolled from 2024. 7. The department of Cultural Arts and Special Events budget was increased for expend- itures for the Short Film Festival and Summer Theatre. A corresponding revenue ad- justment was made to reflect the receipt of sponsorships and the use of funds held in escrow. In addition, contingency funding from the non-departmental budget was transferred for the purchase of additional mobile wedge barriers for pedestrian safety at community events. The remainder of the adjustments are the result of purchase orders rolled from 2024. 8. The General Fund's “non-departmental” category includes expenditures that are not directly related to the operations of other departments and capital purchases. Exam- ples of costs charged to this category include employee programs, lobbyist fees, an allocation for property insurance and banking and agency fees. In addition, this cate- gory includes the General Fund's contingency account. Adjustments reducing the con- tingency line item are completed when transfers are processed to cover expenditures in other departments. 4  The non-departmental budget was increased to reflect the use of general fund re- serves, in the amount of $1,551,000, to provide funding for the clean-up of a city prop- erty. In addition, the amended budget includes an increase, in the amount of $500,000, to contractual services to reflect the use of transportation impact fees for the US Route 20 Reinking Road improvement project. The budget was also increased for expenditures related to the housing of persons experiencing homelessness which were partially funded by Kane County American Rescue Plan funds ($400,000) and by a sub-award through the Association of Individual Development under the Unshel- tered Pilot Project ($$837,200). These three items were offset by revenue adjust- ments. The remainder of the adjustments, totaling approximately $11.9 million, are the result of purchase orders rolled from 2024. Much of this amount, $10.9 million, is for the construction at the Sports Complex which carried into 2025. The remaining $1.0 mil- lion is for purchase orders for the continuing road work at U.S. 20 and Longcommon Parkway, an economic incentive payment for an agreement with Judson University and historic rehabilitation grants. The need to roll purchase orders is the result of two circumstances. The first situation relates to projects approved by Council, late in the year, after the next year’s budget has been prepared, necessitating this type of budget adjustment. In addition, projects are occasionally estimated to be completed in the current year, but delays in completing the projects require that a budget adjustment be made to carry the project over to the next fiscal year. Special Revenue Funds SPECIAL REVENUE FUNDS Original Adjusted Adjustment Notes Budget Budget Revenues $71,244,880 $80,654,030 $9,409,150 1 Expenditures $82,261,920 $91,671,070 $9,409,150 2 Special revenue funds are established to account for specific resources (other than expendable trusts or major capital projects) that are legally restricted to expenditures for specified purposes. 1. The original revenue budget for the American Rescue Plan Act (ARPA) was increased $1.6 million to use deferred revenues for eligible projects. Revenues within the Drug Asset Forfeiture fund increased $300,000 to recognize the use of deferred revenues that had been assigned to future purchases. Bluff City TIF revenue increased $267,000 to reflect the increased property tax receipts. The remaining adjustments to the spe- cial revenue budgets were the result of rolling over purchase orders from the prior year to the current budget year. 2. ARPA budgeted expenditures increased to fund lead service line replacement and combined sewer separation projects. The expenditure budgets within the Drug Asset 5  Forfeiture funds were adjusted to account for police department equipment pur- chases. The expenditures for the Bluff City TIF were increased to provide funding for a redevelopment agreement with Bluff City Materials. Purchase order rollovers ac- count for the remaining adjustments to the special revenue expenditure budgets. Debt Service Fund DEBT SERVICE FUND Original Adjusted Adjustment Notes Budget Budget Revenues $1,975,500 $1,975,500 $0 Expenditures $1,987,500 $1,987,500 $0 The debt service fund accounts for the accumulation and payment of the principal and interest on long-term debt. Capital Improvement Funds CAPITAL IMPROVEMENT FUNDS Original Adjusted Adjustment Notes Budget Budget Revenues $10,628,520 $36,496,940 $25,868,420 1 Expenditures $11,192,840 $37,061,260 $25,868,420 1 Capital improvement funds are used to account for the acquisition and construction of major capital facilities and infrastructure other than those financed by enterprise funds. These projects normally span more than one year. In any given year, the budget may be much higher than what is actually spent due to changing work schedules that can delay a project into the following fiscal year. In these instances, the subsequent year’s expenditure is greater than anticipated and re- quires budget adjustments. 1. The adjustments to revenue and expenditures within the capital improvement funds are the result of rolling over purchase orders from the prior year to the current budget year. Projects, anticipated to be completed in 2024, were completed in 2025 requir- ing an adjustment to the budget. 6 Enterprise Funds ENTERPRISE FUNDS Original Adjusted Adjustment Notes Budget Budget Revenues $50,633,730 $67,916,940 $17,283,210 1 Expenditures $55,888,630 $73,171,840 $17,283,210 1 Enterprise funds account for operations that are financed and operated in a manner similar to private business where the intent is that the costs of providing goods or services to the general public be financed or recovered primarily through user charges. 1. Adjustments, within the utility fund, to revenue and expenditure budgets were made as a result of carrying over the outstanding balance of open purchase orders created in 2024. In addition, adjustments were made to revenue and expenditures in the util- ity fund to recognize the receipt of a $7.9 million interest free loan from the Illinois Environmental Protection Agency for lead service line replacements. Revenues and expenditures in the Golf fund were increased to reflect the use of fund reserves to partially finance the new Wing Park Golf Course Clubhouse and for the carryover of outstanding purchase orders created in 2024. Revenues and expenditure also in- creased due to a strong golfing season resulting in increased green fees and a corre- sponding increase in expenditures. Internal Service Funds INTERNAL SERVICE FUNDS Original Adjusted Adjustment Notes Budget Budget Revenues $27,170,310 $28,683,680 $1,513,370 1 Expenditures $29,643,200 $31,156,570 $1,513,370 1 Internal service funds are used to account for the financing of goods or services provided by one department to other departments of the government unit, on a cost reimbursement basis. 1. Adjustments within the equipment replacement fund, to revenue and expendi- ture budgets, were made as a result of carrying over the outstanding balance of open purchase orders, for public works vehicles, created in 2024. Revenues and expenditures in the Risk Management fund were also adjusted to provide funding for an increase in insurance premiums and to adjust for insurance reimbursements utilized to pay claims. Trust and Agency Funds TRUST AND AGENCY FUNDS Original Adjusted Adjustment Notes Budget Budget Revenue $52,810,870 $52,824,120 $13,250 7  Expenditures $29,017,720 $29,030,970 $13,250 Fiduciary funds are used to account for assets held in a trustee or agency capacity for others and which cannot be used to support the City’s own programs. These funds include the Police Pen- sion fund, the Firefighters Pension fund and the Retiree Health Insurance Trust. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The budget amendments will adjust the 2025 adopted budget and better reflect the actual finan- cial transactions that occurred throughout the course of the year. Sufficient funding sources ex- isted at the time the adjustments were processed. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The City Council could choose not to amend the 2025 Budget; however, this would be incon- sistent with sound financial management practices. NEXT STEPS Amend the 2025 Budget ______________________________________________________________________________ Originators: Debra Nawrocki, Chief Financial Officer/Budget Officer Final Review: Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Adjusted 2025 Budget 8  City of Elgin, IL 2025 Budget Consolidated Summary by Fund/Fund Type Actual Adopted Adjusted (Unaudited) Budget Budget General Fund Revenue Property Tax $27,185,060 $27,800,000 $27,800,000 Police Pension 12,209,260 12,440,650 12,440,650 Fire Pension 9,318,130 9,493,060 9,493,060 Sales Taxes 44,136,900 39,203,000 39,203,000 Income Tax 20,702,990 20,200,000 20,200,000 Telecommunications Tax 1,592,470 1,500,000 1,500,000 Beverage Tax 1,716,190 1,700,000 1,700,000 Natural Gas Tax 2,656,680 2,000,000 2,000,000 Electricity Tax 4,261,830 4,200,000 4,200,000 Local Motor Fuel Tax 1,682,960 1,700,000 1,700,000 Refuse Fee 10,029,930 8,190,240 9,593,060 Ambulance Services 8,356,330 8,500,000 8,504,880 Licenses, Permits & Fines 4,635,730 4,610,290 4,610,290 Charges for Services 4,365,510 3,915,120 4,032,850 Transfers In 7,795,020 8,014,100 8,014,100 Use of Reserves 0 0 15,032,210 All Other 17,954,720 23,376,570 25,828,900 TOTAL REVENUE $178,599,710 $176,843,030 $195,853,000 General Fund Expenditures Mayor and Council $269,220 $293,410 $293,460 City Clerk $342,200 $362,050 $362,050 Office of the City Manager 1,846,730 2,094,920 2,094,870 Economic Development 860,710 1,989,800 1,989,800 Legal 1,145,760 1,281,450 1,281,450 Boards/Commissions 548,430 554,920 623,320 Cultural Arts & Special Events 4,373,150 4,634,300 4,982,250 Non-Departmental 27,162,680 22,148,500 37,300,940 Finance 2,886,030 2,897,100 2,912,170 Human Resources 1,612,850 1,877,290 1,912,670 Information Technology Systems 2,141,290 2,156,400 2,156,400 Purchasing 526,420 572,380 569,500 Neighborhood Services 3,413,310 3,420,970 3,421,060 Community Development 2,211,360 2,438,350 2,456,200 Police 63,802,670 62,510,970 63,234,410 Fire 37,460,550 38,188,670 38,369,490 Building Maintenance 3,468,020 3,997,120 3,999,120 Public Works 24,425,980 23,785,420 26,256,630 311 Call Center 1,031,060 1,038,420 1,036,620 TOTAL EXPENDITURES $179,528,420 $176,242,440 $195,252,410  City of Elgin, IL 2025 Budget Consolidated Summary by Fund/Fund Type Actual Adopted Adjusted (Unaudited) Budget Budget Special Revenue Funds (#'s) E911 Telephone System (220) Revenue 1,910,920 2,050,000 2,050,000 Expenditures 1,961,820 2,050,000 2,050,000 Revenue Over (Under) Expend. (50,900) 0 0 American Rescue Funds (221) Revenue 1,539,190 874,610 2,438,670 Expenditures 2,431,690 874,610 2,438,670 Revenue Over (Under) Expend. (892,500) 0 0 Comm. Develop. Block Grant (230) Revenue 857,010 1,432,570 1,694,700 Expenditures 857,010 1,432,570 1,694,700 Revenue Over (Under) Expend. 0 0 0 Drug Asset Forfeiture (250) Revenue 472,730 335,000 636,170 Expenditures 472,730 335,000 636,170 Revenue Over (Under) Expend. 0 0 0 Central Area Tax Allocation (262) Revenue 7,802,250 25,211,090 25,700,560 Expenditures 5,277,260 25,211,090 25,700,560 Revenue Over (Under) Expend. 2,524,990 0 0 U.S. Route 20 Tax Allocation (263) Revenue 232,700 190,000 190,000 Expenditures 0 190,000 190,000 Revenue Over (Under) Expend. 232,700 0 0 Bluff City Tax Allocation (264) Revenue 1,598,140 900,000 1,167,900 Expenditures 1,167,900 900,000 1,167,900 Revenue Over (Under) Expend. 430,240 0 0 Elgin Riverboat (275) Revenue 11,539,340 11,223,000 16,077,800 Expenditures 12,749,700 15,828,190 20,682,990 Revenue Over (Under) Expend. (1,210,360) (4,605,190) (4,605,190)  City of Elgin, IL 2025 Budget Consolidated Summary by Fund/Fund Type Actual Adopted Adjusted (Unaudited) Budget Budget Illinois Municipal Retirement (280) Revenue 10,725,550 11,173,700 11,173,700 Expenditures 10,534,090 11,173,700 11,173,700 Revenue Over (Under) Expend. 191,460 0 0 Motor Fuel Tax (290) Revenue 6,226,940 5,400,000 6,535,900 Expenditures 9,826,890 10,750,000 11,885,900 Revenue Over (Under) Expend. (3,599,950) (5,350,000) (5,350,000) Cemetery Operating (294) Revenue 671,140 647,870 1,020,290 Expenditures 1,263,230 1,022,290 1,394,710 Revenue Over (Under) Expend. (592,090) (374,420) (374,420) Elgin Recreation (296) Revenue 11,135,240 10,382,040 10,543,340 Expenditures 10,826,320 11,069,470 11,230,770 Revenue Over (Under) Expend. 308,920 (687,430) (687,430) Elgin Special Recreation Fund (297) Revenue 1,395,460 1,425,000 1,425,000 Expenditures 635,080 1,425,000 1,425,000 Revenue Over (Under) Expend. 760,380 0 0 Debt Service Fund (#) Corporate Bond Fund (301) Revenue 1,960,310 1,975,500 1,975,500 Expenditures 1,966,940 1,987,500 1,987,500 Revenue Over (Under) Expend. (6,630) (12,000) (12,000) Capital Improvement Funds (#'s) 2025 G.O. Bond Projects (325) Revenue 438,300 0 16,038,710 Expenditures 0 0 16,038,710 Revenue Over (Under) Expend. 438,300 0 0 2022 G.O. Bond Projects (322) Revenue 31,750 859,970 859,970 Expenditures 917,400 859,970 859,970 Revenue Over (Under) Expend. (885,650) 0 0  City of Elgin, IL 2025 Budget Consolidated Summary by Fund/Fund Type Actual Adopted Adjusted (Unaudited) Budget Budget 2024 G.O. Bond Projects (324) Revenue 119,370 623,710 2,853,490 Expenditures 0 623,710 2,853,490 Revenue Over (Under) Expend. 119,370 0 0 Park Development (340) Revenue 293,540 835,000 1,075,710 Expenditures 775,790 1,041,140 1,281,850 Revenue Over (Under) Expend. (482,250) (206,140) (206,140) Tyler Creek (378) Revenue 48,330 38,000 38,000 Expenditures 0 300,000 300,000 Revenue Over (Under) Expend. 48,330 (262,000) (262,000) Capital Improvement (385) Revenue 9,396,110 8,271,840 15,631,060 Expenditures 7,979,410 8,368,020 15,727,240 Revenue Over (Under) Expend. 1,416,700 (96,180) (96,180) Enterprise Funds (#'s) Utility Operating (401) Revenue 47,115,550 42,010,730 56,154,530 Expenditures 48,007,540 47,110,060 61,253,860 Revenue Over (Under) Expend. (891,990) (5,099,330) (5,099,330) Water Development (420) Revenue 465,420 300,000 391,090 Expenditures 384,750 568,500 659,590 Revenue Over (Under) Expend. 80,670 (268,500) (268,500) Sewer Development (440) Revenue 843,150 505,000 505,000 Expenditures 0 720,000 720,000 Revenue Over (Under) Expend. 843,150 (215,000) (215,000) Golf Operating (540) Revenue 6,162,011 7,818,000 10,866,320 Expenditures 7,296,844 7,490,070 10,538,390 Revenue Over (Under) Expend. (1,134,833) 327,930 327,930  City of Elgin, IL 2025 Budget Consolidated Summary by Fund/Fund Type Actual Adopted Adjusted (Unaudited) Budget Budget Internal Service Funds (#'s) Equipment Replacement (601) Revenue 7,795,960 7,396,610 8,108,090 Expenditures 7,647,050 7,927,890 8,639,370 Revenue Over (Under) Expend. 148,910 (531,280) (531,280) Risk Management (630) Revenue 4,384,460 3,858,720 4,660,610 Expenditures 6,999,140 6,237,350 7,039,240 Revenue Over (Under) Expend. (2,614,680) (2,378,630) (2,378,630) Health Insurance (635) Revenue 15,226,850 15,914,980 15,914,980 Expenditures 14,693,550 15,477,960 15,477,960 Revenue Over (Under) Expend. 533,300 437,020 437,020 Trust and Agency Funds (#'s) Cemetery Perpetual Care (520) Revenue 122,370 57,530 57,530 Expenditures 49,240 57,530 57,530 Revenue Over (Under) Expend. 73,130 0 0 Retiree Medical Insurance (636) Revenue 7,719,720 4,098,740 4,111,990 Expenditures 2,690,130 2,486,400 2,499,650 Revenue Over (Under) Expend. 5,029,590 1,612,340 1,612,340 Police Pension (701) Revenue 47,474,240 27,897,220 27,897,220 Expenditures 16,564,190 15,431,540 15,431,540 Revenue Over (Under) Expend. 30,910,050 12,465,680 12,465,680 Fire Pension (711) Revenue 35,337,400 20,757,380 20,757,380 Expenditures 11,857,640 11,042,250 11,042,250 Revenue Over (Under) Expend. 23,479,760 9,715,130 9,715,130 TOTAL GROSS EXPENDITURES ALL FUNDS $365,361,754 $386,234,250 $459,331,620 AGENDA ITEM: C MEETING DATE: April 22, 2026 ITEM: Mad Bomber Fireworks Production for the 2026 Fourth of July Fireworks and 2026 La Fiesta de Elgin Fireworks—Agreement with MIAND, Inc. (Not to Exceed $83,000) OBJECTIVE: Provide the annual Fourth of July and La Fiesta de Elgin fireworks displays for Elgin residents and visitors. RECOMMENDATION: Award the purchase of service agreement to MIAND, Inc. for Fourth of July and La Fiesta de Elgin fireworks. Elgin hosts two signature community events each year for which fireworks are provided: the Fourth of July celebration and La Fiesta de Elgin. The Fourth of July event features a parade, con- cert and family activities at Festival Park. La Fiesta de Elgin, held in September at Festival Park, celebrates Mexican Independence Day through music, culture, and community engagement. Both events draw thousands to the downtown to celebrate. Staff is recommending awarding the purchase of service agreement for the Fourth of July fire- works and La Fiesta de Elgin to MIAND, Inc. d/b/a Mad Bomber Fireworks Production. BACKGROUND Elgin hosts two signature community events each year that bring residents and visitors together in celebration of culture, community, and civic pride: the Fourth of July Celebration and La Fiesta de Elgin. The Fourth of July Celebration is a longstanding tradition that draws approximately 10,000 to 12,000 attendees to downtown Elgin each year. The day’s festivities include a vibrant community parade, and a concert at Festival Park, both of which attract audiences of all ages. The event also highlights local food and drink vendors, a pie-eating contest and many other fan favorites includ- ing vintage games, giant Lite-Brite and more. The celebration culminates in a highly anticipated fireworks display along the riverfront, widely regarded as the highlight of the evening, which is enjoyed not only within Festival Park but also by spectators gathered throughout the surrounding downtown and riverfront areas. La Fiesta de Elgin, held each September at Festival Park, is a dynamic cultural celebration recog- nizing Mexican Independence Day which continues to grow in both size and regional appeal. The event now welcomes approximately 8,000 to 10,000 attendees and features internationally known live musical acts, traditional cultural performances, authentic cuisine, and family-friendly activities. Like the Fourth of July Celebration, La Fiesta de Elgin brings together local vendors, draws diverse crowds, and relies on strong partnerships with community organizations to deliver a meaningful and inclusive experience. The evening concludes with a vibrant fireworks display that serves as the ultimate culmination of the event, enjoyed by attendees both at Festival Park and from vantage points throughout the surrounding area. Together, these events enhance the quality of life in Elgin, support local businesses, strengthen community identity and contribute to the city’s reputation as a vibrant and welcoming destina- tion—all objectives outlined within the city’s adopted strategic plan. OPERATIONAL ANALYSIS The city is responsible for coordinating event logistics, including securing vendors, managing event operations, and overseeing public safety. For the Fourth of July celebration and La Fiesta de Elgin, this includes the fireworks display, event advertising, permitting, and coordination with police, fire, and public works. The fireworks display will continue to be launched from the Na- tional Street Bridge and will run approximately 20–25 minutes for the Fourth of July and 15-20 minutes for La Fiesta de Elgin. Staff is recommending entering into an agreement with MIAND, Inc. Their mission is to make every show a work of art. They have over twenty years of experience, proven techniques, ad- vanced technology, large inventory of manufacturers, test their products, assess their equipment and train their operators to ensure a safe setup and firing display. MIAND, Inc. is available for the Fourth of July and La Fiesta de Elgin event at a cost not to exceed $83,000. Staff worked with the vendor to determine the viability of including a drone show as part of the Fourth of July fireworks display. Staff was advised in late 2025 that this was possible in a variety of ways including drones with fireworks on them or drone displays with the fireworks. Staff has since been notified that the drones with the fireworks capabilities built on them are delayed by manufacturing. The inclusion of drones among the fireworks requires pausing the fireworks show to display the drones, disrupting the fireworks show multiple times and resulting in two display locations: National Street Bridge for the fireworks, and near the Metra train line for the drones. Understanding the overwhelming positive response to the Fourth of July fireworks, staff made the determination that pausing the fireworks show for drones would not add to the experience but rather detract from it while also increasing cost. 2 INTERESTED PERSONS CONTACTED Upon approval, key stakeholders including Grand Victoria Casino, Metra and Pace will be notified. Residents and businesses within the fireworks “fall zone,” as well as those impacted by road clo- sures, will be informed through mailings and public communications. FINANCIAL ANALYSIS The city council in 2025 approved a contract with the option to renew it for up to two additional years, pending an acceptable performance in the previous year and an appropriate proposal for the current year. MIAND, Inc. was professional and accommodating in previous years, as well as in 2025 and submitted an appropriate proposal for 2026 which was approved by the necessary city departments. The amount of $83,000 has been budgeted for the Fourth of July and La Fiesta de Elgin fireworks display. The total amount of $83,000 is broken down as such: $56,000 for the Fourth of July fire- works and $27,000 for La Fiesta de Elgin fireworks. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE General 010-5404-769.45-00 710274 & $83,000 $83,000 710279 LEGAL IMPACT The approval of this purchase requires an exception to the procurement ordinance, requiring the approval of two-thirds of the members of the city council. ALTERNATIVES The city council may choose not to award MIAND, Inc. the agreement for Fourth of July and La Fiesta de Elgin fireworks and subsequently not hold a fireworks display as part of either celebra- tion. NEXT STEPS Once the contract is awarded staff will issue a purchase order and finalize operational planning. 3 Originators: Selena Tapia, Special Events Manager Amanda Harris, Cultural Arts & Special Events Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Agreement B. Proposal 4  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 ELGIN IL PROPOSAL JULY 4, 2026 SEPTEMBER 13, 2026 MAD BOMBER FIREWORKS PRODUCTIONS IS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR INDEPENDENCE DAY AND FIESTA DE ELGIN. FIREWORKS SHOW July 4, 2025 $56,000.00 Fireworks Show September 13, 2025 $27,000.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION July 4, 2025 $56,000.00 September 13, 2025 $27,000.00 Mad Bomber Fireworks will also supply the following: 1. We will secure all permits. 2. CDL driver with a Hazmat endorsement. 3. Registered with the USDOT to haul hazmat. (mandatory by Federal Law) 4. Carry $5,000,000.00 auto insurance to haul hazmat. (mandatory by Federal Law) 5. Haul hazmat material in a properly placarded vehicle. _______________________ Randy McCasland, Director of Operations  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 Elgin IL July 4, 2026 September 12, 2026 Corporation: Miand Inc. State Incorporated: Indiana DBA: Mad Bomber Fireworks Productions Address: 3999 Hupp Rd R-3-1 LaPorte, IN 46350 Phone: 219-393-5051 Fax: 219-393-3177 Contact: Randy McCasland Email: randy@madbomberfireworks.com THANKS Randy McCasland  MIAND, INC. DBA MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 Elgin, IL Mad Bomber Fireworks is in its thirty fourth year of producing professional fireworks displays. In the beginning we quickly earned the reputation as someone who catered to smaller customers that other fireworks companies would dictate terms to. We would not lose customers once we had them. It was always going above and beyond the call of duty that we were able to compete with the big family companies that dominated the fireworks industry and had the benefit of generations of loyal customers. We approached growth cautiously while not losing sight of what had put us above the crowd for our clients. Today we produce around 500 displays a year throughout the Midwest. We produce traditional, electric fired, choreographed to music, computer fired, indoor and close proximity displays. We have eight full time employees. Summer have another ten to twelve college students who work. Near Forth of July we again ramp up for our displays with 400-500 workers producing displays throughout the Midwest. Andrew James, President. Started Mad Bomber Fireworks in 1991. He started the company do to his love for fireworks. He has produced thousands of displays over the years. He has grown Mad Bomber Fireworks into the premiere display company in the Midwest. Randy McCasland, Director of Operations. He had his start working with his dad on displays at a young age. He has been lead on well over a thousand displays throughout fourteen states. Randy has designed, produced and worked on displays for professional baseball, professional basketball, concerts, towns, cities, festivals, and special events. Lead Pyrotechnician for Elgin IL Andrew James , Lead Pyrotechnician: Supervise assistants during set up and firing of display. Set up equipment, load pyrotechnics and tear down display. Zach James, Lead Pyrotechnician: Supervise Assistants during set up and firing of display. Set up equipment, load pyrotechnics and tear down display. There will be a minimum of two assistants for set up and tear down of display. All assistants will be (18) eighteen years of age or older and registered with the Illinois State Fire Marshal.  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 ELGIN IL PROPOSAL JULY 4, 2026 MAD BOMBER FIREWORKS PRODUCTIONS IS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR INDEPENDENCE DAY. FIREWORKS SHOW $56,000.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION $56,000.00 Mad Bomber Fireworks will also supply the following: 1. We will secure all permits. 2. CDL driver with a Hazmat endorsement. 3. Registered with the USDOT to haul hazmat. (mandatory by Federal Law) 4. Carry $5,000,000.00 auto insurance to haul hazmat. (mandatory by Federal Law) 5. Haul hazmat material in a properly placarded vehicle. _______________________ Randy McCasland, Director of Operations  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 Elgin IL July 4, 2026 Timeline Mad Bomber: All paperwork for permit will be turned in by June 12, 2026. Equipment truck will arrive by 11:00-12:00pm July 4, 2026. Equipment will be assembled to be moved onto bridge at 3pm. Fireworks will arrive on site between 3-3:30pm. No fireworks will be stored overnight in city limits. Display will be set up by 8:00 pm on July 4, 2025. Display will start approximately 9:15 pm. Display will end between 9:35 and 9:40 pm. City of Elgin: City will close National Street Bridge at 3pm for set up on bridge. City will be required to keep spectators out of safety zone. THANKS Randy McCasland  Elgin IL Opening 72 3” Assorted Color Chrysanthemums and Peonies 14 4” Variegated Chrysanthemums 5 5" Assorted Color Shells 12 3" Titanium Salutes Mad Bomber Fireworks Productions  Elgin IL SPECIALTY BARRAGES 300 White Glittering Sky Blue 300 Color Xsette and Crackling Coconut Trees 390 Dragon Chrysanthemum to Color 400 Green Comet Xsette 300 Red White and Blue Angled Crossettes 300 Color Strobing Willows 700 Shot Silver Palm Clusters 1000 R/W/B American Salutes 400 Red Wave to Glittering Silver Blue Core Mad Bomber Fireworks Productions  Elgin IL Specialty Stacks Gold Strobes 12 3" 6 4" 3 5" Flower Crowns 12 3" 6 4" 3 5" Crackling Nishiki Kamuro 12 3" 6 4" 3 5" Different size shells breaking at multiple heights creating a stacking effect. Mad Bomber Fireworks Productions  Elgin IL 18 3" SPECIALTY SHELLS 3" Color Wolfs 3" Assorted Sky Mines 3" Silver Serpent w/Magenta 3" Peach Flying Stars 3" Whistling w/Color Stars 3" Banger Chartreuse 3" Red Sky Mines 3" Blue Comets 3" Blue Sky Mines 3" Diamond Screamer w/Color Stars 3" White Sky Mines 3" White Strobe Waterfall 3" Smile Face 3" Orange Strobe 16 4" SPECIALTY SHELLS 4"Cyan Sky Mine 4" Whirlpool Green Xsette 4" Whistle Red Stars 4" Whirlpool Red Xsette 4" Silver Flying Fish 4" Green Sound Ring 4" Aqua w/Silver Turbulence 4" Tourbillion w/Color Stars 4" Farfalla w/Magenta Stars 4" Diamond Screamer w/Color Stars 4" Assorted Color Wolfs 4" Lemon Xsette w/Time Rain 4" Multi Color Flying Stars 4" Ti Serpent w/Red & Blue to Report 4" Silver Serpents w/Mag Colors 4" Ti Whistle Ring w/Lemon Mad Bomber Fireworks Productions  Elgin IL 30 3 INCH SHELLS Three Shot Volleys Silver Flying Fish Red Falling Leaves Green Strobe Green Falling Leaves Yellow Strobe Yellow Falling Leaves RWB Ring w/Mine Red Strobe Purple Falling Leaves RWB w/Brocade Mine Flower Crowns 30 4 INCH SHELLS Three Shot Volleys Poinsettas Red Strobes Half Red Half Silver White Strobes Cyan w/Magenta Pistal Crackling Willows Green to Orange Flower Crowns Color Flying Stars Gold Strobes Three shells shot simultaneously and spread across sky Mad Bomber Fireworks Productions  Elgin IL 3 INCH SHELLS 36 Pheonix Red Peony w/Red Tail Golden Gamboge to Blue Green & Purple Peony w/Tail Golden Gamboge to Green Green & Blue Chrysanthemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red Stars w/1000Green w/Tail Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yellow Color Flower Rain w/Silver Tail 24 Yung Feng White Twinkling Chrysanthemum Crackling Nishiki Kamuro Variegated Cycas Bloom Golden Wave to Purple Chrysanthemum Green Chrysanthemum w/Crackling Glittering Silver to Red Chrysanthemum Golden Silk Chrysanthemum Reddish Gamboge to Silver Chrysanthemum Red Cherry Blossom w/Tail Nishiki Kamuro Niagra Falls Nishiki Kamuro Silver Willow Mad Bomber Fireworks Productions  Elgin IL 3 INCH SHELLS * main body 72 Wizard Brand Silver Strobe Glittering Sil to Red w/Blue Pistil w/Sil Tail USA Style Titanium Whistle Cannister Glittering Sil to Blue w/Red Pistil w/Sil Tail Red to Crackling Chrysanthemum Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Blue to Red Flash Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil Red White & Blue Peony Firefly Waterfall w/Firefly Tail Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing 18 Titanium Salute Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 36 Guandu Red Peony w/Red Tail Golden Gamboge to Blue Red Chrysanthemum w/tail Golden Gamboge to Green Blue Chrysanthemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red to Crackling Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yellow Red Peony wCrackling Pistil Dominator 18 Green Peony w/Palm Core & Tail Glitt Silver to Green to Red Red Peony w/Glitt Coco Core & Tail Red and Spangle Chrysanthemum Purple Peony w/Green Pistil & Pur Tail Silver Strobe w/Strobe Tail Vareigated Chrysanthemum w/Blue Tail Brocade Crown to Crackling w/Crack Tail Spangle Chrysanthemum w/Red Tail Yellow to Crackling w/Crack Tail Crack Flower Chrys w/Crack Tail Vareigated Color to Crack Flower 1/2 Yellow 1/2 Blue w/Blue Tail Green Ring w/Green Tail Color Wave w/Silver Tail Crackling Willow w/Gold Tail Gold Wave Green Strobe Chrys Crackling Palm Tree w/Crackling Tail Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 72 Wizard Brand Blue to Flash w/Coco Pistil Glittering Sil to Red w/Blue Pistil w/Sil Tail Blue Cherry Blossom w/ Silver Tail Glittering Sil to Blue w/Red Pistil w/Sil Tail Brocade Crown w/Silver Tail Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Red Cherry Blossom Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil 3 Concentric Ring Crackling Nishiki Kamuro Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 36 Jinsheng Chrys w/Rthree Section Time Rain w/Coco Pistil Blue Peony to Brocde w/Palm Core Red Strobe w/Blue Sky w/Rising Tail Flower Wave to Purple w/Rising Tail Silver Coconut w/ Glittering Glittering Silver to Blue to Green Sun Ring w/ Rising Tail Green Cherry Blossom Double Half Red to Red Red Peony w/Rising Tail Yellow Cycas w/Rising Tail Yellow Peony w/Green Pistil Red to Green Crossette Ring Green to Flickering Silver Wave w/Special Green Strobe Ring w/ Multi Color Flower Thousand Red w/Time Rain Kaleidoscope w/Waterfall 36 Dominator Color Diadem w/Gold Tail Eight Hearts w/Rising Purple Flowers Gold Silk Chrysanthemum Revolving Dragons w/Blooms Golden Willow w/Flare Moons Thousand Color Titanium Salutes Color Palm Tree w/Crown Flowers Silver Crossette in Red & Blue Peony Nishiki Kamuro w/Color Tips Nishiki Kamuro w/Niagra Falls Crackling Nishiki Kamuros Mad Bomber Fireworks Productions  Elgin IL 5 INCH SHELLS * main body 36 Pheasant Chrys w/Red to Green Ring Silver Crown w/Small Red Flowers Silver Crackling Palm Tree Ripples to Vareigated Wave Purple Wave Crackling to Sil Crossette Red Flower Rain China Storm Gold Wave to Aqua White Strobing Smiley Face Yellow Peony Brocade Butterfly Red to Purple to Green Peony Sea Blue and Lemon Dahlias Red Peony w/Glitt Gold Palm Tree Core Blue Palm Tree Gold Wave to Red to Green Blue Peony w/Silver Core Green to Yellow w/Yellow to Green Pist Gold Diadem Willow Yellow Peony w/Blue Palm Tree Core Gold Wave to Purple to Green Silver Wave to Green to Crackling 24 Yeng Feng Glitt Sil to Blue to Red w/Reports Red Gamboge to Red to Blue Chrys Gold Wave to Red to Blue Flickering GW to Purple Chrys w/Red to Sil Pistil Colored Diadem Spangle Chrys w/Crackling Blue Pistil Sil Nishiki Kamuro w/Blue Pistil Nishiki Kamuro w/Tail Eight Hearts w/Tail Twinkling Silver Willow Purple Sunflower w/Tail Revolving Dragons w/Red Flowers Sil Coconut Tree w/Red Flowers Twinkling Coconut Crossette Gold Coconut Tree w/Blue Blooms Bright Red Diadem Aqua Peony Green Twinkling Willow RWB to 5 Report Green Meteor Gold Coco to Red Crown Flower Variegated Flowers 5 INCH SHELLS  Elgin IL 5 INCH SHELLS * main body 72 Wizard Brocade Waterfall w/Tail Nishiki Kamuro to Purple w/Tail Brocade Crown Chrysanthemum Purple Peony w/ Crossette Brocade Pistil 3 Concentric Ring w/Crack Pistil New Color Rainbow w/Gold Strobe Pistil Silver Strobing w/Tail China StormGlittering Coconut Tree RWB USA Style Cannister w/Tail Glitt Sil to Purple Peony w/Green Pistil Happy Face w/Tail Crackling Green Palm w/Blue Flowers Glitt Sil to Blue w/Green Pistil Brocade Crossetting Palm Tree w/Broc Tail Saturn Giant Blue Peony Gold Tails to Green Palm w/Sil Tail Glitt Sil to Blue w/Red Pistil Crackling Glitter Palm w/Crack Tail Glitt Sil to Red w/Blue Pistil Ti Whistle Ring w/Red & Blue Cannister Shell Red Crossette Palm Tree w/tail Glitt Sil to Blue Chrys w/Broc Red Pistil Silver Crossette Palm Tree w/Tail Brocade Waterfall w/Silver Leaves Gold Crossette Palm Tree w/Tail Gold Coconut to Green Flowers Giant Brocade Crossette Palm Tree Giant Gold Octopus w/Red Eyes & Bro Ring Five Concentri Ring Giant Green Peony w/Brocade Ring Gold Strobes w/tail Gold Chrys w/Rainbow Ring 1/2 Red 1/2 Blue Chrys w/ Broc Cross Pistil Gold Crossette Palm w/Trunk Saturn Giant Red Peony w/Brocade Ring Glittering Silver Sil to Blue Chrys w/Red Pistil Red Peony w/Blue Pistil Blue to Green Peony w/Coco Pistil Red to Blue Peony w/Coco Pistil Three Ring w/Pistil Brocade to Red to Blue Chrys Schreecher Cannister Gold Peony w/Blue Pistil RWB Peony w/Coco Pistil Red Strobes w/Tail Green Strobes w/Tail Giant Z Willow Palm w/Z Willow Tail 5 INCH SHELLS  Elgin IL Finale 500 2" Assorted Color and Salutes 480 2.5" Assorted Willows 360 3" Finale Shells Dominator Color Finale Dominator Specialty Finale Kanto Mag Color Finale Kanto Comet and Color Finale Kanto Premium Color Finale Vulcan Red White and Blue Finale Vulcan Twilight Glitter Finale Wizard Color Finale Wizard Specialty Finale Wizard Brocade Crown Finale Wizard Glittering Silver Finale Wizard Gold Cycs Finale 60 Titanium Salutes 45 4" Finale Shells Vulcan Color Finale Vulcan Twilight Glitter Finale Wizard White Strobe Waterfall Finale Wizard Assorted Ring Finale Wizard Color Finale Kanto Color Finale Kanto Gold Brocade Finale 28 5" Assorted Color Chrysanthemums 10 5" Brilliant Brocades Mad Bomber Fireworks Productions  MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 30th day of Janiuary , 2026 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter referred to as Seller, and City of Elgin Herein after referred to as Buyer, of Elgin State Illinois Witness: Seller agrees to provide and Buyer agrees to purchase a Fireworks Display in accordance with the program agreed upon. Buyer will pay Seller a sum of $56,000.00 for said Display. Upon acceptance of this agreement Buyer will pay Seller a sum of Waived as an Earnest Money Deposit with the Balance due and payable within 30 days after the display date agreed upon. A late charge of 1 ½% per month will be assessed on accounts not paid within thirty days of display date. Buyer agrees to pay any and all collection costs, including reasonable attorney’s fees and court cost incurred by Seller in the collection or attempted collection of any amount due under this agreement and invoice. Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations: 1. Seller will present said Fireworks Display on the evening of the 4th Day of July , 2025, it being understood that should there be inclement weather the day of the display the Seller has sole discretion to cancel display. An alternate display date will be given within six months of the original display date agreeable to both the Seller and Buyer. 2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if Buyer chooses to not select another display date within six months of the original display date. 3. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 350’ feet at all points from the discharge area. Buyer will provide protection of the display by roping-off or other suitable means. Buyer will provide adequate police protection to prevent spectators from entering display area. Buyer agrees to search the fallout area at first light following a night display. 4. Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone and Security is unable to secure the Danger Zone. 5. Seller agrees to provide Qualified Technicians to take charge of and present said Display. 6. Seller agrees to provide Liability Insurance in the amount of $10,000,000.00 for the benefit of both the Buyer and Seller. 7. Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value in the event of shortages or unavailability of any particular item on the proposal. 8. Seller and Buyer agree to included Attachments, if any. See Attachments: none Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. Mad Bomber Fireworks Productions BUYER By_________________________ By______________________________________________ Randy McCasland, Director of Operations (Its duly authorized agent, who represents that he/she has full authority to Bind the Buyer.) Date_____________________ Date___________________________________ Print Name______________________________ Address _______________________________ _______________________________ Phone ________________________________  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 ELGIN IL PROPOSAL SEPTEMBER 12, 2026 MAD BOMBER FIREWORKS PRODUCTIONS IS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR FIESTA DE ELGIN. FIREWORKS SHOW $27,000.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION $27,000.00 Mad Bomber Fireworks will also supply the following: 1. We will secure all permits. 2. CDL driver with a Hazmat endorsement. 3. Registered with the USDOT to haul hazmat. (mandatory by Federal Law) 4. Carry $5,000,000.00 auto insurance to haul hazmat. (mandatory by Federal Law) 5. Haul hazmat material in a properly placarded vehicle. _______________________ Randy McCasland, Director of Operations  MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB FAX (219)393-3177 Elgin IL September 12, 2026 Timeline Mad Bomber: All paperwork for permit will be turned in by August 12, 2026. Equipment truck will arrive by 3:00pm September 12, 2025. Equipment will be assembled to be moved onto bridge at 3pm. Fireworks will arrive on site between 3-3:30pm. No fireworks will be stored overnight in city limits. Display will be set up by 8:00 pm on September 12, 2026. Display will start approximately 9:20 pm. Display will end between 9:30 and 9:35 pm. City of Elgin: City will close National Street Bridge at 3pm for set up on bridge. City will be required to keep spectators out of safety zone. THANKS Randy McCasland  Elgin IL Opening 24 3” Assorted Color Chrysanthemums and Peonies 6 4” Variegated Chrysanthemums 2 5" Assorted Color Shells 12 3" Titanium Salutes Mad Bomber Fireworks Productions  Elgin IL SPECIALTY BARRAGES 200 White Glittering Sky Blue 300 Color Xsette and Crackling Coconut Trees 150 Dragon Chrysanthemum to Color 200 Green Comet Xsette 200 Color Strobing Willows 200 Shot Silver Palm Clusters 400 R/W/B American Salutes 100 Red Wave to Glittering Silver Blue Core Mad Bomber Fireworks Productions  Elgin IL Specialty Stacks Gold Strobes 8 3" 3 4" 1 5" Flower Crowns 8 3" 3 4" 1 5" Crackling Nishiki Kamuro 8 3" 3 4" 1 5" Different size shells breaking at multiple heights creating a stacking effect. Mad Bomber Fireworks Productions  Elgin IL 16 3" SPECIALTY SHELLS 3" Color Wolfs 3" Assorted Sky Mines 3" Silver Serpent w/Magenta 3" Peach Flying Stars 3" Whistling w/Color Stars 3" Banger Chartreuse 3" Red Sky Mines 3" Blue Comets 3" Blue Sky Mines 3" Diamond Screamer w/Color Stars 3" White Sky Mines 3" White Strobe Waterfall 3" Smile Face 3" Orange Strobe 10 4" SPECIALTY SHELLS 4"Cyan Sky Mine 4" Whirlpool Green Xsette 4" Whistle Red Stars 4" Whirlpool Red Xsette 4" Silver Flying Fish 4" Green Sound Ring 4" Aqua w/Silver Turbulence 4" Tourbillion w/Color Stars 4" Farfalla w/Magenta Stars 4" Diamond Screamer w/Color Stars 4" Assorted Color Wolfs 4" Lemon Xsette w/Time Rain 4" Multi Color Flying Stars 4" Ti Serpent w/Red & Blue to Report 4" Silver Serpents w/Mag Colors 4" Ti Whistle Ring w/Lemon Mad Bomber Fireworks Productions  Elgin IL 24 3 INCH SHELLS Three Shot Volleys Silver Flying Fish Red Falling Leaves Green Strobe Green Falling Leaves Yellow Strobe Yellow Falling Leaves RWB Ring w/Mine Red Strobe Purple Falling Leaves RWB w/Brocade Mine Flower Crowns 18 4 INCH SHELLS Three Shot Volleys Poinsettas Red Strobes Half Red Half Silver White Strobes Cyan w/Magenta Pistal Crackling Willows Green to Orange Flower Crowns Color Flying Stars Gold Strobes Three shells shot simultaneously and spread across sky Mad Bomber Fireworks Productions  Elgin IL 3 INCH SHELLS 18 Pheonix Red Peony w/Red Tail Golden Gamboge to Blue Green & Purple Peony w/Tail Golden Gamboge to Green Green & Blue Chrysanthemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red Stars w/1000Green w/Tail Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yellow Color Flower Rain w/Silver Tail 12 Yung Feng White Twinkling Chrysanthemum Crackling Nishiki Kamuro Variegated Cycas Bloom Golden Wave to Purple Chrysanthemum Green Chrysanthemum w/Crackling Glittering Silver to Red Chrysanthemum Golden Silk Chrysanthemum Reddish Gamboge to Silver Chrysanthemum Red Cherry Blossom w/Tail Nishiki Kamuro Niagra Falls Nishiki Kamuro Silver Willow Mad Bomber Fireworks Productions  Elgin IL 3 INCH SHELLS * main body 72 Wizard Brand Silver Strobe Glittering Sil to Red w/Blue Pistil w/Sil Tail USA Style Titanium Whistle Cannister Glittering Sil to Blue w/Red Pistil w/Sil Tail Red to Crackling Chrysanthemum Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Blue to Red Flash Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil Red White & Blue Peony Firefly Waterfall w/Firefly Tail Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing 12 Titanium Salute Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 18 Guandu Red Peony w/Red Tail Golden Gamboge to Blue Red Chrysanthemum w/tail Golden Gamboge to Green Blue Chrysanthemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red to Crackling Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yellow Red Peony wCrackling Pistil Dominator 18 Green Peony w/Palm Core & Tail Glitt Silver to Green to Red Red Peony w/Glitt Coco Core & Tail Red and Spangle Chrysanthemum Purple Peony w/Green Pistil & Pur Tail Silver Strobe w/Strobe Tail Vareigated Chrysanthemum w/Blue Tail Brocade Crown to Crackling w/Crack Tail Spangle Chrysanthemum w/Red Tail Yellow to Crackling w/Crack Tail Crack Flower Chrys w/Crack Tail Vareigated Color to Crack Flower 1/2 Yellow 1/2 Blue w/Blue Tail Green Ring w/Green Tail Color Wave w/Silver Tail Crackling Willow w/Gold Tail Gold Wave Green Strobe Chrys Crackling Palm Tree w/Crackling Tail Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 36 Wizard Brand Blue to Flash w/Coco Pistil Glittering Sil to Red w/Blue Pistil w/Sil Tail Blue Cherry Blossom w/ Silver Tail Glittering Sil to Blue w/Red Pistil w/Sil Tail Brocade Crown w/Silver Tail Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Red Cherry Blossom Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil 3 Concentric Ring Crackling Nishiki Kamuro Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing Mad Bomber Fireworks Productions  Elgin IL 4 INCH SHELLS * main body 18 Jinsheng Chrys w/Rthree Section Time Rain w/Coco Pistil Blue Peony to Brocde w/Palm Core Red Strobe w/Blue Sky w/Rising Tail Flower Wave to Purple w/Rising Tail Silver Coconut w/ Glittering Glittering Silver to Blue to Green Sun Ring w/ Rising Tail Green Cherry Blossom Double Half Red to Red Red Peony w/Rising Tail Yellow Cycas w/Rising Tail Yellow Peony w/Green Pistil Red to Green Crossette Ring Green to Flickering Silver Wave w/Special Green Strobe Ring w/ Multi Color Flower Thousand Red w/Time Rain Kaleidoscope w/Waterfall 18 Dominator Color Diadem w/Gold Tail Eight Hearts w/Rising Purple Flowers Gold Silk Chrysanthemum Revolving Dragons w/Blooms Golden Willow w/Flare Moons Thousand Color Titanium Salutes Color Palm Tree w/Crown Flowers Silver Crossette in Red & Blue Peony Nishiki Kamuro w/Color Tips Nishiki Kamuro w/Niagra Falls Crackling Nishiki Kamuros Mad Bomber Fireworks Productions  Elgin IL 5 INCH SHELLS * main body 18 Pheasant Chrys w/Red to Green Ring Silver Crown w/Small Red Flowers Silver Crackling Palm Tree Ripples to Vareigated Wave Purple Wave Crackling to Sil Crossette Red Flower Rain China Storm Gold Wave to Aqua White Strobing Smiley Face Yellow Peony Brocade Butterfly Red to Purple to Green Peony Sea Blue and Lemon Dahlias Red Peony w/Glitt Gold Palm Tree Core Blue Palm Tree Gold Wave to Red to Green Blue Peony w/Silver Core Green to Yellow w/Yellow to Green Pist Gold Diadem Willow Yellow Peony w/Blue Palm Tree Core Gold Wave to Purple to Green Silver Wave to Green to Crackling 12 Yeng Feng Glitt Sil to Blue to Red w/Reports Red Gamboge to Red to Blue Chrys Gold Wave to Red to Blue Flickering GW to Purple Chrys w/Red to Sil Pistil Colored Diadem Spangle Chrys w/Crackling Blue Pistil Sil Nishiki Kamuro w/Blue Pistil Nishiki Kamuro w/Tail Eight Hearts w/Tail Twinkling Silver Willow Purple Sunflower w/Tail Revolving Dragons w/Red Flowers Sil Coconut Tree w/Red Flowers Twinkling Coconut Crossette Gold Coconut Tree w/Blue Blooms Bright Red Diadem Aqua Peony Green Twinkling Willow RWB to 5 Report Green Meteor Gold Coco to Red Crown Flower Variegated Flowers 5 INCH SHELLS  Elgin IL 5 INCH SHELLS * main body 36 Wizard Brocade Waterfall w/Tail Nishiki Kamuro to Purple w/Tail Brocade Crown Chrysanthemum Purple Peony w/ Crossette Brocade Pistil 3 Concentric Ring w/Crack Pistil New Color Rainbow w/Gold Strobe Pistil Silver Strobing w/Tail China StormGlittering Coconut Tree RWB USA Style Cannister w/Tail Glitt Sil to Purple Peony w/Green Pistil Happy Face w/Tail Crackling Green Palm w/Blue Flowers Glitt Sil to Blue w/Green Pistil Brocade Crossetting Palm Tree w/Broc Tail Saturn Giant Blue Peony Gold Tails to Green Palm w/Sil Tail Glitt Sil to Blue w/Red Pistil Crackling Glitter Palm w/Crack Tail Glitt Sil to Red w/Blue Pistil Ti Whistle Ring w/Red & Blue Cannister Shell Red Crossette Palm Tree w/tail Glitt Sil to Blue Chrys w/Broc Red Pistil Silver Crossette Palm Tree w/Tail Brocade Waterfall w/Silver Leaves Gold Crossette Palm Tree w/Tail Gold Coconut to Green Flowers Giant Brocade Crossette Palm Tree Giant Gold Octopus w/Red Eyes & Bro Ring Five Concentri Ring Giant Green Peony w/Brocade Ring Gold Strobes w/tail Gold Chrys w/Rainbow Ring 1/2 Red 1/2 Blue Chrys w/ Broc Cross Pistil Gold Crossette Palm w/Trunk Saturn Giant Red Peony w/Brocade Ring Glittering Silver Sil to Blue Chrys w/Red Pistil Red Peony w/Blue Pistil Blue to Green Peony w/Coco Pistil Red to Blue Peony w/Coco Pistil Three Ring w/Pistil Brocade to Red to Blue Chrys Schreecher Cannister Gold Peony w/Blue Pistil RWB Peony w/Coco Pistil Red Strobes w/Tail Green Strobes w/Tail Giant Z Willow Palm w/Z Willow Tail 5 INCH SHELLS  Elgin IL Finale 200 2" Assorted Color and Salutes 180 2.5" Assorted Willows 144 3" Finale Shells Dominator Color Finale Dominator Specialty Finale Kanto Mag Color Finale Kanto Comet and Color Finale Kanto Premium Color Finale Vulcan Red White and Blue Finale Vulcan Twilight Glitter Finale Wizard Color Finale Wizard Specialty Finale Wizard Brocade Crown Finale Wizard Glittering Silver Finale Wizard Gold Cycs Finale 36 Titanium Salutes 18 4" Finale Shells Vulcan Color Finale Vulcan Twilight Glitter Finale Wizard White Strobe Waterfall Finale Wizard Assorted Ring Finale Wizard Color Finale Kanto Color Finale Kanto Gold Brocade Finale 10 5" Assorted Color Chrysanthemums 4 5" Brilliant Brocades Mad Bomber Fireworks Productions  MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 30th day of January , 2026 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter referred to as Seller, and City of Elgin Herein after referred to as Buyer, of Elgin State Illinois Witness: Seller agrees to provide and Buyer agrees to purchase a Fireworks Display in accordance with the program agreed upon. Buyer will pay Seller a sum of $27,000.00 for said Display. Upon acceptance of this agreement Buyer will pay Seller a sum of Waived as an Earnest Money Deposit with the Balance due and payable within 30 days after the display date agreed upon. A late charge of 1 ½% per month will be assessed on accounts not paid within thirty days of display date. Buyer agrees to pay any and all collection costs, including reasonable attorney’s fees and court cost incurred by Seller in the collection or attempted collection of any amount due under this agreement and invoice. Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations: 1. Seller will present said Fireworks Display on the evening of the 12th Day of September, 2026, it being understood that should there be inclement weather the day of the display the Seller has sole discretion to cancel display. An alternate display date will be given within six months of the original display date agreeable to both the Seller and Buyer. 2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if Buyer chooses to not select another display date within six months of the original display date. 3. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 350’ feet at all points from the discharge area. Buyer will provide protection of the display by roping-off or other suitable means. Buyer will provide adequate police protection to prevent spectators from entering display area. Buyer agrees to search the fallout area at first light following a night display. 4. Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone and Security is unable to secure the Danger Zone. 5. Seller agrees to provide Qualified Technicians to take charge of and present said Display. 6. Seller agrees to provide Liability Insurance in the amount of $10,000,000.00 for the benefit of both the Buyer and Seller. All individual entities listed on the Certificate of Insurance will be deemed an additional insured per this contract. 7. Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value in the event of shortages or unavailability of any particular item on the proposal. 8. Seller and Buyer agree to included Attachments, if any. See Attachments: none Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. Mad Bomber Fireworks Productions BUYER By_________________________ By______________________________________________ Randy McCasland, Director of Operations (Its duly authorized agent, who represents that he/she has full authority to Bind the Buyer.) Date_____________________ Date___________________________________ Print Name______________________________ Address _______________________________ _______________________________ Phone ________________________________ AGENDA ITEM: D MEETING DATE: April 22, 2026 ITEM: Repair and Resurfacing Various Basketball and Tennis Courts—Omnia Contract No. R220501 ($125,000) OBJECTIVE: Perform necessary maintenance to extend the useful life of the basketball and tennis courts at Heritage, Copper Springs and Clifford Owasco Parks. RECOMMENDATION: Award a contract to MTJ Sports of Kewanee, Illinois for the repair and resurfacing of the basket- ball and tennis courts at Heritage, Copper Springs and Clifford Owasco Parks. The city in late 2022 conducted a comprehensive evaluation of its tennis and basketball courts. The assessment revealed widespread maintenance needs, including crack repairs and the reap- plication of surface color coatings. While many courts were found to require only routine mainte- nance, several were identified as being in advanced stages of deterioration and in need of more extensive rehabilitation. The tennis courts and basketball courts at Heritage, Copper Springs and Clifford Owasco Parks exhibited larger cracks requiring more extensive repairs, though not to the extent of needing full reconstruction. The base structure of all courts remains sound, with level playing surfaces intact. This maintenance work is recommended to prevent more costly full reconstructions in the future and is scheduled for completion by the end of November 2026. BACKGROUND In the fall of 2022, the city conducted a comprehensive evaluation of its tennis and basketball courts to assess their condition and identify maintenance priorities. The assessment revealed widespread needs across the system, including crack repairs and the reapplication of surface color coatings. While many courts were found to require only routine upkeep, several were iden- tified as being in advanced stages of deterioration, necessitating more substantial rehabilitation efforts. At Heritage Park, the tennis and basketball courts were installed in 2011, and the basketball courts at Copper Springs date back to 2009. Since their initial construction, all locations have received periodic maintenance, primarily limited to crack sealing as issues have arisen. These courts continue to be popular amenities, providing residents with opportunities for recreation, fitness, and outdoor activity. Recent inspections indicate that these facilities now require more comprehensive preventative maintenance. In addition to ongoing routine care, both locations need extensive crack sealing, resurfacing, and re-coloring to address existing wear and prevent further degradation. If left un- addressed, the condition of these courts is likely to decline rapidly, potentially leading to full sur- face reconstruction—an effort that could cost an estimated $130,000 or more per tennis court and $70,000 per basketball court. OPERATIONAL ANALYSIS Maintaining a smooth playing surface on the city’s tennis and basketball courts is essential to ensuring a high-quality recreational experience, comparable to facilities found elsewhere. Une- ven or damaged surfaces can lead to injuries and disruption of play, particularly at higher levels of recreational use. A poor experience on city courts may discourage future use of park facilities and contribute to a negative view of the city’s ability to maintain its recreational amenities. Like road pavement, the courts are subject to seasonal freeze-thaw cycles. Water seeps into small cracks, freezes during winter, and expands, causing surface heaving and further degradation. This cycle accelerates the cracking process and contributes to long-term surface damage. To address these issues, the proposed resurfacing of the Heritage Park tennis courts and basket- ball courts at Clifford Owasco Park will include cleaning the surface, filling hairline cracks, leveling low areas, and thoroughly cleaning and sealing larger cracks, as well as grinding down heaving fence bases. A thick crack-filling material will be applied to bind the sides of the cracks, followed by a fresh color coating and new playing lines. Pickleball lines will also be added at the tennis courts. The crack repair product includes a one-year manufacturer’s warranty. The basketball courts at Heritage and Copper Springs Parks require removal of the existing as- phalt, leveling and regrading and will finish with new paving and color coating. Weather permit- ting, the entire project is expected to take six to seven weeks and will be completed by the end of November 2025. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The annual repair and maintenance of basketball and tennis courts is provided for in the adopted 2026 budget for the Riverboat Fund. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-90 275012 $125,000 $125,000 LEGAL IMPACT MTJ Sports is an active partner with OMNIA Partners, and the city benefits from the services provided through this partnership. OMNIA Partners is a cooperative purchasing group that com- petitively bids its services on a national scale. This collaboration enables both public and private entities to obtain services without the need for separate bidding, as the national bidding process is already conducted through OMNIA Partners. The city’s procurement ordinance expressly au- thorizes “purchases made pursuant to any joint purchasing program sponsored by the state or other governmental agency or association.” ALTERNATIVES 1. The city council may choose not to award the project to MTJ Sports and opt for staff to bid this project. 2. The city council may choose to do nothing at this time and postpone the necessary basketball and tennis court resurfacing, resulting in advanced degradation of the courts. NEXT STEPS 1. Award contract to MTJ Sports of Kewanee, Illinois for repairing and resurfacing the basketball and tennis courts at Heritage, Copper Springs and Clifford Owasco Parks. 2. Schedule and complete the necessary tennis and basketball court repair and resurfacing work. Originators: Greg Hulke, Public Works Superintendent Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Proposal B. Agreement 3  1 PROPOSAL No. 260311.ELGIN From: Certified Cooperative Purchasing Supplier IL: Equalis #COG-2164C | Sourcewell #031022-AST | OMNIA #R220501 Lease Financing Available | NCL Government Capital Member ASBA, USAPA, USTA and Team Laykold To: City of Elgin 150 Dexter Court Elgin, IL 60120 Sourcewell # EC-0044555 For: Copper Park, Heritage Park and Clifford Owasca Parks Basketball and Tennis Courts Rehab Date: March 11, 2026 MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com  2 Clifford Owasca Park Existing 3 Half Basketball Courts Full Re-Color with Color Flex Acrylic Color Coat System by Laykold: a. Repair Surface Hole w/ asphalt filler. b. Clean exterior perimeter free from excess dirt. c. Apply 1 Coat of Sand Fortified Flexible Acrylic NuSurf Resurfacer by Laykold d. Apply 2 Coats of Color Flex Flexible Acrylic Color System by Laykold – Recommended Court Colors US Open Blue and Green, or Colors TBD. Ref. https://www.laykold.com/design-your-own- court e. 3 Year Mfg Warranty of Laykold Color Coating System f. Apply 3 Sets of new 2” White Half Court Basketball Lines g. Clean Up Copper Park Existing 3 Half Basketball Courts MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com  3 Full Removal and Replacement of Asphalt Surface and Re-Color with Color Flex Acrylic Color Coat System by Laykold: a. Removal of existing asphalt pavement down to the stone base and haul away all the material to a recycle facility. b. Regrade and recompact the existing stone base. Add extra stone necessary for grade. Construct a well compacted base. c. Pave the courts with one and half inches (1 ½”) binder course of HMA Binder Course and one and one half inches (1 ½”) surface course HMA Finish Course Surface, No Regrind allowed. Power rolled. d. Apply 2 Coats of Sand Fortified Flexible Acrylic NuSurf Resurfacer by Laykold e. Apply 2 Coats of Color Flex Flexible Acrylic Color System by Laykold – Recommended Court Colors US Open Blue and Green, or Colors TBD. Ref. https://www.laykold.com/design-your-own- court f. 3 Year Mfg Warranty of Laykold Color Coating System g. Apply 3 Sets of new 2” White Half Court Basketball Lines h. Clean Up Heritage Park Existing 3 Half Basketball Courts and 1 Tennis Court MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com  4 3 Half Basketball Court Full Removal and Replacement of Asphalt Surface and Re-Color with Color Flex Acrylic Color Coat System by Laykold for Basketball Courts: h. Removal of existing asphalt pavement down to the stone base and haul away all the material to a recycle facility. i. Regrade and recompact the existing stone base. Add extra stone necessary for grade. Construct a well compacted base. j. Pave the courts with one and half inches (1 ½”) binder course of HMA Binder Course and one and one half inches (1 ½”) surface course HMA Finish Course Surface, No Regrind allowed. Power rolled. k. Apply 2 Coats of Sand Fortified Flexible Acrylic NuSurf Resurfacer by Laykold l. Apply 2 Coats of Advantage Pro Acrylic Color System by Laykold – Recommended Court Colors US Open Blue and Green, or Colors TBD. Ref. https://www.laykold.com/design-your-own-court m. 3 Year Mfg Warranty of Laykold Color Coating System n. Apply 3 Sets of new 2” White Half Court Basketball Lines per regulation size o. Clean Up Tennis Court Build 2” New Asphalt Overlay Surface and Re-Color with Color Flex Acrylic Color Coat System by Laykold for Tennis Court: p. Fill all visible surface cracks with ASBA approved asphalt crack filler. Level any surface low spots. q. Add full surface tack coat r. Pave the courts with two inches (2”) surface course HMA Finish Course Surface, No Regrind allowed. Power rolled. s. Bevel any remining high fence post footings. t. Core drill and install new sleeves for tennis posts to correct height u. Install new Center Strap Holder. v. Apply 2 Coats of Sand Fortified Flexible Acrylic NuSurf Resurfacer by Laykold w. Apply 2 Coats of Color Flex Flexible Acrylic Color System by Laykold – Recommended Court Colors US Open Blue and Green, or Colors TBD. Ref. https://www.laykold.com/design-your-own- court x. 3 Year Mfg Warranty of Laykold Color Coating System y. Apply 1 Set of new 2” White Tennis Lines per USTA regulation size. z. Appy 1 Set of new 2” Light Blue Pickleball Lines per USPA regulation size. aa. Clean Up Estimated timeline for project work start to finish is 6-7 weeks which includes a 21 days required asphalt curing prior to acrylic coatings. Asphalt work can be applied from the month of April to beginning of November in our 4-season climate conditions in greater Chicagoland area. Acrylic coatings (water based) can be applied from the month of May to October and shall not be applied when temperatures drop below 55 degrees in a 24hr period of time. Total Price for above: One Hundred Twenty Five Thousand Dollars ***$125,000.00*** Work is Tax Exempt. Labor per IL PW. Above includes all Materials, Shipping, Labor, Mobilization, Bond and Insurance. All work will be managed and performed by MTJ Sports Group. Customer will supply water on site. MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com  5 Not Included in above pricing 1 Engineering 2 Soil testing. 3 Relocating of any underground utilities 4 Relocating of any electrical services 5 Traffic control devices. We have flagging included for our work only. 6 Landscape restoration. 7 Supply of water on site 8 Night work and holidays work. MTJ SPORTS Terms and Conditions: • Proposal Valid for 30 Days from above proposal date. • Payment Terms: 50% Due on Order, 40% on Progress, and 10% Balance due on Completion and Inspection. • Scheduling of work is minimum 8 weeks from order and deposit. • Once material production has begun, material orders are not cancelable and subject to full payment. • All material is guaranteed to be as specified, and to be installed as to be specified. • Extras. MTJ Sports shall not be required to perform any alterations, extras or additions in work unless MTJ Sports agrees to perform such work, agrees to the price to be paid to perform such alterations, extras or additions, and receives a signed change order which specifically refers to the Terms and Conditions set forth in this proposal. • Full General Liability Insurance with Client AI is supplied for by MTJ Sports. • Permits. No permits required for this work. • Retention. There shall be no retention. • Force Majeure. MTJ Sports will not be liable for any loss, damage, or delay due to transportation problems, accident, fire, strike, riots, civil or military authority, insurrection, acts of God (including weather) or any cause beyond its reasonable control. • Disclaimer Limitations. All work is to be completed in a workmanlike manner according to standard practices in the industry. MTJ Sports reserves the right to employ production and construction methods to best meet completed project objectives. Final in-place material specifications will be met as required by product descriptions contained in this Proposal. Other than the warranties set forth above, MTJ Sports disclaims all warranties, express or implied, with respect to the work to be performed under this Proposal. MTJ Sports shall not be liable for any damage to the work performed under this proposal caused by Customer's, or third parties, intentional or reliant conduct including improper or faulty site-preparation work. In no event shall MTJ Sports' liability exceed the amount paid to in connection with such work; nor shall MTJ Sports be responsible for any special, incidental, or consequential damages. MTJ Sports shall not be liable for any errors or omissions contained in any plans or specifications of Customer or any third party. Notwithstanding any law, ordinance, or regulation to the contrary, Customer agrees not to institute or maintain any action or proceeding against MTJ Sports with respect to this Proposal or the work performed, or materials provided pursuant to it more than twenty-four (24) months after completions. MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com  6 PRODUCT WARRANTY: MTJ Sports represents the highest quality products from industry leading Manufacturers. All Product Warranties are the sole responsibility of each Manufacturer, and applies only to the original purchaser. The Manufacturers Product Warranty covers defects in materials, and any miss-use will void the warranty. Our manufacturers have specific warranty coverage for each of their products, therefore it is important to identify and reference all warranty limitations for the products that you intend to purchase. Copies of Manufacturers Warranty is available from MTJ Sports upon request. MTJ Sports will assist with processing a warranty claim, but the manufacturer will review each claim and have final say in its resolution. Any product warranty claim must be sent MTJ Sports in writing outlining the application and issue, within the valid warranty term. SERVICE WARRANTY: Outside all Manufacturers Warranty Terms, MTJ Sports warrants that all services will be in a quality, workmanlike manner in accordance with the highest applicable industry standards, by experienced and qualified personnel. This warranty will be in effect for One (1) Year from the completion of services. Any service warranty claim must be sent MTJ Sports in writing outlining the application and issue, within the valid warranty term. Thank you for the opportunity to provide you with our Proposal. Please contact me for any questions and references in the area. Sincerely, Mats Jonmarker MTJ Sports 309-853-7210 mats@mtjsports.com www.mtjsports.com “Excellence in Sport Court Building – We Build for Better, Safer and Longer Play” MTJ Sports | PO Box 188 | Kewanee, IL | 61443 | USA | T: 800-789-1319 | F: 309-761-8641 | E: info@mtjsports.com AGENDA ITEM: E MEETING DATE: April 22, 2026 ITEM: Walton Island and Downtown Bike Path Bridges—Pedestrian Bridge Decking Replacement ($74,094) OBJECTIVE: Replace deteriorated bridge decking to improve public safety and extend the service life of exist- ing pedestrian bridge infrastructure. RECOMMENDATION: Approve the purchase of replacement bridge decking materials from Contech Engineered Solu- tions, LLC. Staff have identified four pedestrian bridges, including those located at Walton Island and along the Downtown bike path system, with decking that has significantly deteriorated due to age and environmental exposure. This decking was last replaced approximately twelve years ago. These bridges are critical connectors within the city’s trail network and experience consistent daily use. Contech Engineered Solutions is the original manufacturer of the bridges maintained by the city and serves as the sole source for the specialized repair and maintenance components required to preserve their structural integrity. The proposed purchase includes replacement of approximately 372 Douglas fir treated wood planks, along with all required fastening hardware and hold-down systems. BACKGROUND The pedestrian bridges included in this project were constructed over ten years ago and utilize treated wood decking as the primary walking surface. These bridges provide essential connectiv- ity between parks, trails, and downtown amenities and are heavily utilized by residents and visi- tors. Over time, the decking boards have been subjected to continuous wear from foot traffic and prolonged exposure to moisture, temperature fluctuations, and ultraviolet degradation. As a re- sult, many of the boards have begun to crack, warp, and deteriorate, reducing their structural integrity and creating uneven walking surfaces. Routine maintenance has been performed as needed; however, the current condition of the decking has advanced beyond the point where spot repairs are effective. Contech Engineered Solutions is the original manufacturer of the bridges maintained by the city and serves as the sole source for the specialized repair and maintenance components required to preserve their struc- tural integrity. Full replacement of the decking boards is necessary to restore safe and reliable use of these structures. OPERATIONAL ANALYSIS Maintaining safe pedestrian infrastructure is a core responsibility in supporting the city’s park and trail system. The existing degraded decking presents trip hazards and potential safety risks for users. Wood bridge decking is particularly susceptible to deterioration from water infiltration and freeze-thaw cycles. Moisture penetrates the wood fibers and expands during freezing conditions, accelerating cracking and board failure. Fasteners can also loosen over time, further contributing to instability. The proposed project will replace all existing decking boards with new treated Douglas fir planks and install upgraded fastening systems to improve long-term performance. This will provide a smooth, stable walking surface and significantly reduce ongoing maintenance needs. Addressing these deficiencies now will help prevent damage to the underlying bridge structures and avoid significantly higher costs associated with structural repairs or full bridge replacement. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The repair and maintenance of pedestrian bridges is provided for in the adopted 2026 budget for the Park Development Fund. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Park Development 340-0000-795.92-32 340155 $100,000 $100,000 2 LEGAL IMPACT None. ALTERNATIVES 1. The city council may choose not to approve the purchase and continue performing limited repairs, which will not adequately address safety concerns. 2. The city council may defer the project, resulting in further deterioration and increased risk of injury and more costly future repairs. NEXT STEPS 1. Approve purchase of bridge decking materials from Contech Engineered Solutions LLC. 2. Schedule delivery and coordinate installation by city staff. Originators: Greg Hulke, Land Management Superintendent Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Contech Engineered Solutions Quote B. Contech Engineered Solutions Agreement 3  Page# 1/3 Quotation Quote # QUO-794571-D2H7X0 Date 5/22/2025 Account Name City of Elgin Reply-To Quote # QUO-794571-D2H7X0 Contact Name Amber VonDran-Hartgraves Contech Rep. Nelson Brown Phone (847) 931-6100 Address 730 Beechwood Dr., Lake Zurich, IL, 60047 Project Name Elgin Ped Bridge Fax Phone 773-318-0522 Decking Project # 849516 Email amber.vondran- Fax hartgraves@elginil.gov Project Elgin, IL Email Nelson.Brown@conteches.com City/State Contech's offer to sell the products described in this quotation is expressly conditioned upon Buyer's assent to the Contech Conditions of Sale ("Contech COS") included herewith and/or viewable at www.conteches.com/cos. A valid tax exemption certificate must be issued to Contech or sales tax will be added. Item # Description Pieces Quantity Extended Unit Unit Unit Total Price QTY 2, 60x10 Bridges - Continental Bridges 91085 A & B 1.00 1.00 $32,809.00 EA $32,809.00 $30,233.00 (128) 3x12 x10’ Douglas Fir treated wood planks $2,576.00 Button head screws for the outside edge, and flathead screws for the center nailers, and new 1 ¼” angle plank hold downs for both bridges. ***All items include delivery to Elgin, IL but do not include sales tax. Please provide cert if tax exempt. 145x10 Bridge - Continental Bridge 93188 1.00 1.00 $41,285.00 EA $41,285.00 $37,750.00 (155) 3x12x10’ Douglas Fir treated wood planks $3,535.00 Button head screws for the outside edge, and flathead screws for the two center nailers, and new 1 ¼” angle plank hold downs. ***All items include delivery to Elgin, IL but do not include sales tax. Please provide cert if tax exempt. Total $74,094.00 (Tax not included) Net Total $74,094.00 Standard Notes 1.Allowable unloading time for delivery trucks is two (2) hours. Demurrage charges of $100.00 per hour thereafter will be added. 2.Design submittal drawings will be provided, signed and sealed by a Professional Engineer licensed to practice in the State where the project is located. 3.In addition to any other procedures outlined or remedies provided, at the time of order, Contech will request a desired delivery date for the quoted materials from the purchasing customer. After drawing approval and prior to manufacturing Contech may again confirm the requested delivery date with the purchasing customer. If purchasing customer cannot take delivery of finished materials within 30 days of requested date, and after Contech has manufactured the product(s), Contech will invoice for the total amount of the order with payment due within 30 days. Additionally, Contech may also assess fees in the amount of 5% per month of the selling price of the stored materials that are not shipped within 30 days after the requested delivery date for storage and handling. 4.LRFD Guide Specification for the Design of Pedestrian Bridges - Item 4.2 - Fracture: Fracture Critical Member designation shall be in accordance with Provision 12.3.2 of AASHTO/AWS D1.5M/D1.5:2015 which requires each Fracture Critical Member (FCM) to be individually designated by the Engineer prior to bidding. In the absence of such designation, the Fracture requirements of Item 4.2 shall be deemed to have been waived. 5.Prices are f.o.b. origin with freight allowed to the jobsite with unloading by others at a truck accessible location. 6.Quotation is based upon estimated (not guaranteed) quantities. Buyer must verify final quantities needed prior to commencement of work by Contech. If Buyer elects to purchase from Seller only a portion of the material quoted, Seller retains the right to adjust its prices. 7.The material included in this quotation is to be designed and manufactured exclusively for this project, is not subject to cancellation and cannot be returned to stock. See Section 16 of the Contech COS. 8.This quotation expires 30 days from the date shown. Prices are firm for shipment within 120 days of the date of quotation and are subject to a maximum escalation of 8% for each 30 days thereafter. PAYMENT TERMS ARE 1/2%-10, NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NON-STANDARD ABOVE. IF NON-STANDARD, PAYMENT TERMS ARE 1/3 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION, 2/3 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED, CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS, BUYER'S SIGNATURE BELOW, DIRECTION TO MANUFACTURE, OR ACCEPTANCE OF DELIVERY OF GOODS DESCRIBED ABOVE, SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWED TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF AND/OR ON BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES.  Page# 2/3 Quotation Quote # QUO-794571-D2H7X0 Acceptance Contech Engineered Solutions LLC. WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL By Nelson Brown TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech COS INCLUDED HEREWITH AND VIEWABLE AT www.conteches.com/cos Company (O) 773-318-0522 By (F) Title (Cell) Date Title  Page# 3/3 Quotation Quote # QUO-794571-D2H7X0 Contech - CONDITIONS OF SALE 1. ACCEPTANCE. This quotation from Contech Engineered 7. PAYMENTS AND LATE CHARGES ON PAST DUE (3) the cost f.o.b. Seller's plant of materials and supplies acquired Solutions LLC (“Seller”) is an offer to sell to the aforementioned ACCOUNTS. Buyer represents that Buyer is solvent and can and especially for the purpose of performing this contract; and customer (“Buyer”). BUYER'S RIGHT TO ACCEPT THIS OFFER IS will pay for the products sold to Buyer in accordance with the terms (4) reasonable cancellation charges, if any, paid by Seller on LIMITED TO BUYER'S ASSENT TO THE CONDITIONS OF SALE hereof. If Buyer shall fail to comply with any provision or to make account of any commitment(s) made hereunder. PRINTED HEREON AND THE ATTACHED OR ACCOMPANYING payments in accordance with the terms hereof or any other contract QUOTATION, AND NO TERMS ADDITIONAL TO OR DIFFERENT between Buyer and Seller, Seller may at its option defer shipments 16. WAIVER. Failure or inability of either party to enforce any right FROM THOSE IN THIS OFFER ARE BINDING ON SELLER. or, without waiving any other rights it may have, terminate this hereunder shall not waive any right in respect to any other or THERE ARE NO UNDERSTANDINGS, TERMS, CONDITIONS OR contract. All deliveries shall be subject to the approval of Seller's future rights or occurrences. WARRANTIES NOT FULLY EXPRESSED HEREIN. Buyer’s Credit Department. Seller reserves the right, before making any signature to the quotation, direction to manufacture, or acceptance delivery, to require payment in cash or security for payment, and if 17. DELIVERY. Delivery of the products sold hereunder shall be of delivery of the products described in this quotation, shall be Buyer fails to comply with such requirement, Seller may terminate made pursuant to a delivery schedule agreed to by Buyer and deemed an acceptance of these Conditions of Sale. Seller may this contract. A late charge of 1-½% monthly (18% annual rate) or Seller. The Buyer hereby agrees to take delivery of the product(s) elect not to manufacture or deliver any product until Buyer returns a the maximum allowed by state law, if less, will be imposed on all hereunder within thirty (30) days after notification, oral or written, signed copy of this quotation. past due accounts, and Buyer is responsible for all costs of that the products are ready for shipment. In the event that the collection including, without limitation, reasonable attorneys' fees Buyer does not arrange to take delivery of the products in 2. LIMITED WARRANTIES. Seller warrants that it can convey good and court costs. accordance herewith, Seller, at Seller's option, may: title to the products sold hereunder and that they are free of liens (a) invoice the Buyer for the products less freight if applicable; and encumbrances. Seller also warrants that the products sold 8. TRANSPORTATION CHARGES. Delivered prices or prices store the products in Seller's yard for a period not to exceed sixty hereunder are substantially free from defects in manufacturing and involving competitive transportation adjustments shall be subject to (60) days from the date of invoice; charge a storage fee not to workmanship and shall conform to the specifications described in appropriate adjustment to reflect changes in transportation charges. exceed 5% per month or fraction thereof of the selling price of the this quotation for a period of one (1) year from the date of delivery. stored products; add any applicable price increases listed on the This limited warranty does not apply to any products sold hereunder 9. CLAIMS BY BUYER. Buyer shall thoroughly inspect products quotation; charge for any repair work to protective coatings which have been modified or disassembled, that have been sold hereunder immediately upon receipt to verify conformance with harmed by weathering while such products are being stored; and subjected to misuse, misapplication, neglect, alteration, accident or the specifications hereof. Buyer must notify Seller of claims for charge applicable freight when shipment to the Buyer is made. act of God, or that have been improperly installed, operated or failure or delay in delivery within 30 days after the scheduled Products remaining in storage after sixty (60) days from the maintained. THE FOREGOING WARRANTY IS IN LIEU OF AND delivery date. Buyer must notify Seller of any claims for invoice date shall become the property of the Seller for disposition EXCLUDES, AND SELLER HEREBY DISCLAIMS, AND BUYER nonconforming or defective products within 15 days after the at the Seller's discretion; or HEREBY WAIVES, ALL OTHER WARRANTIES, WHETHER nonconformity or defect was or should have been discovered. In (b) cancel the order and invoice the Buyer for cancellation WRITTEN, VERBAL, EXPRESS OR IMPLIED, BY LAW OR addition, Seller must be given an opportunity to investigate the claim charges, which shall be 25% of the selling price of the products if OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY before Buyer modifies, removes or disposes of the product(s), or the products are standard, in-stock material, or the full selling IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR else Buyer's claim will be barred. Seller shall incur no liability for price if the products are special or nonstandard in nature and ANY PARTICULAR PURPOSE OR HABITABILITY. damage, shortages, or other cause alleged to have occurred or were especially fabricated for the Buyer. existed at or prior to delivery to the carrier unless the Buyer shall 3. LIMITATION OF BUYER'S REMEDIES. Buyer's exclusive have entered full details thereof on its receipt to the carrier. 18. DOCUMENTATION. Except as otherwise specifically set remedy under Section 2 shall be limited to requiring Seller, at forth in the scope of work provided as part of this quotation, all Seller’s option, to repair or replace any defective or non-conforming 10. MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data documents, including drawings, specifications, computer files, products or allow credit for the defective or non-conforming referring to mechanical properties or chemical analysis are the electronic media, data, engineering calculations, notes, and other products. Seller makes no warranty whatsoever with respect to result of tests performed on specimens obtained from specific documents and instruments prepared or furnished by Seller accessories, goods, or parts furnished by Seller but not locations of the product(s) in accordance with prescribed sampling (collectively the “Documentation”) are owned by and the property manufactured by Seller, which carry only the warranty, if any, in the procedures; any warranty thereof is limited to the values obtained at of Seller. Seller shall retain all common law, statutory and other applicable manufacturer’s warranty (if any) to the extent permitted such locations and by such procedures. There is no warranty with reserved rights, including copyright, applicable to the by the terms of such warranty between Seller and such respect to values of the products at other locations. Documentation. The Documentation is not intended or manufacturer. represented to be suitable for use on any other project. Buyer 11. PATENTS. Seller shall indemnify Buyer against attorneys' fees agrees to indemnify and hold Seller harmless against all claims, 4. LIMITATION OF LIABILITY. Seller's total cumulative liability in and any damages or costs awarded against Buyer in the event any damages, losses, and expenses (including reasonable attorneys’ any way arising from or pertaining to any product or service sold or legal proceeding is brought against Buyer by a third person claiming fees) arising from or in any way connected with the unauthorized required to be sold hereunder, whether based on contract, warranty, the product(s) delivered hereunder in itself constitutes an use or modification of the Documentation by Buyer or any person tort (including negligence) or other grounds, shall NOT exceed the infringement of any U.S. patent, provided Buyer gives Seller prompt or entity that acquires or obtains the Documentation from or purchase price paid by Buyer for such products or services. Neither notice of any such suit being brought, gives Seller the opportunity to through Buyer without the written authorization of Seller. Seller Seller nor Buyer will be liable to the other, or any third party defend any such suit, and cooperates with Seller with respect to any shall have no liability to Buyer or others for changes made to the beneficiary, whether as a result of breach of contract, warranty, tort such defense; unless the product is made in accordance with Documentation by Buyer without Seller’s prior written approval. (including negligence and strict liability) or other grounds, for material designs, or specifications required by Buyer, in which case special, consequential, incidental, punitive (if allowed by law) or Buyer shall similarly indemnify Seller. 19. PERIOD OF LIMITATIONS. Buyer and Seller agree that any other indirect damages of any kind, including, but not limited to, loss action by Buyer against Seller relating to this contract or the of data, loss of profits or revenue, loss of use of the products 12. PERMISSIBLE VARIATIONS. The products sold hereunder products sold hereunder, including, without limitation, any action furnished by Seller pursuant to this quotation or any associated shall be subject to Seller's standard manufacturing and color for breach of contract or warranty, or otherwise in connection with product, cost of capital, cost of substitute products, facilities, variations, efflorescence, tolerances and classifications. the products sold under this contract, must be commenced by services, downtime costs, or claims, or for liquidated damages Buyer against Seller within one (1) year after the cause of action (delay or otherwise) incurred by such party from any third party. 13. TECHNICAL ASSISTANCE. In no event shall Seller bear any therefore accrues or one (1) year of delivery of the products sold responsibility for claims arising from technical advice or assistance hereunder, if less. 5. FORCE MAJEURE. In any event and in addition to all other provided to Buyer. Advice and assistance provided by Seller is for limitations stated herein, Seller shall not be deemed to have failed Buyer’s guidance only, and Buyer agrees to rely solely on its own 20. CONFLICTING PROVISIONS OFFERED BY BUYER. Any to comply with any schedule for any delay in delivery or architects, engineers and other technical expert. terms and conditions of any purchase order or other instrument performance, which is caused by (i) any act of God, the issued by the Buyer, in connection with the subject matter of this performance of any government order, any order bearing priority 14. TAXES. No taxes imposed with respect of the sale of the document, which are in addition to or inconsistent with the terms rating or order placed under any allocation program (mandatory or products or services sold hereunder are included in any quotation and conditions expressed herein, will not be binding on Seller in voluntary) established pursuant to law, local labor shortage, fire, by Seller. All applicable taxes shall be added and paid by Buyer in any matter whatsoever unless accepted by Seller in writing. flood or other casualty, governmental regulation or requirement, addition to the purchase price. shortage or failure of raw material, supply, fuel, power or 21. SEVERABILITY. In case any provision of this contract shall transportation, breakdown of equipment, or any cause beyond 15. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this be declared invalid, illegal or unenforceable, the validity, legality Seller's reasonable control whether of similar or dissimilar nature to contract in whole or in part upon notice in writing to Seller. Seller and enforceability of the remaining provisions shall not in any way those above enumerated, or (ii) due to any strike, labor dispute, or shall thereupon cease work and transfer to Buyer title to all be affected or impaired. difference with workers, regardless of whether or not Seller is completed and partially completed products and to any raw capable of settling any such labor problem. In connection with any materials or supplies acquired by Seller especially for the purpose 22. APPLICABLE LAW. This contract shall be governed by, and such delay, the agreed delivery date(s) or time for performance of performing this contract upon Buyer paying Seller the sum of the construed and enforced in accordance with, the laws of the state shall be extended for a period equal to the duration of the delay. following: of the project site described in the quotation, without regard to (1) the contract price for all products which have been completed conflicts of law provisions. Buyer and Seller agree that venue for 6. PASSAGE OF TITLE AND RISK OF LOSS. Title to the products prior to termination; any action brought for the breach of or enforcement of this sold hereunder and risk of loss shall pass upon delivery to the (2) the cost to Seller of the material or work in process (including contract will lie in the county of the project site described in the carrier at the point of shipment. Neither Buyer nor the consignee engineering work) as shown on the books of Seller in accordance quotation. AS A MATERIAL INDUCEMENT TO ENTER INTO shall have the right to divert or reconsign such shipment to any with the accounting practice consistently maintained by Seller plus a THIS CONTRACT, BOTH PARTIES WAIVE THE RIGHT TO destination other than specified in the bill of lading without reasonable profit thereon, but in no event more than the contract TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR permission of Seller. Unless otherwise agreed, Seller reserves the price; RELATED TO THIS CONTRACT. right to select the mode of transportation. REV. 11/24 AGENDA ITEM: F MEETING DATE: April 22, 2026 ITEM: Police Department Cold Case Unit—Office Renovations and Technology Improvements ($131,870) OBJECTIVE: Renovate existing office space within the police department to house the recently created Cold Case Unit that will reflect modern policing needs to include updated technology and a collabora- tive workspace. RECOMMENDATION: Approve the contracts with ODP Business Solutions, LLC for the purchase of office furniture and with Midwest Computer Products, Inc. for the purchase of technology-related items and with Leopardo Construction, Inc. for structural renovations in the office space. The police department formed the “Cold Case Unit” in 2024. This unit identifies and researches cold cases in the pursuit of justice and closure for victims and their families. These cases often require significant time and resources along with organizational and administrative support to ensure case review and investigative goals and objectives are met. The unit has recently ex- panded, adding another cold case detective and sergeant to the unit and the need for a cohesive workspace where all members of the unit can occupy now exists. The department is seeking to renovate existing office space to house the unit that will improve efficiency and better position the unit for current and future service demands. BACKGROUND In early 2024, the police department formed the “Cold Case Unit” with the purpose of identifying and researching cold cases in the pursuit of justice and closure for victims and their families. These cases often require significant time and resources, along with organizational and adminis- trative support to ensure case review and investigative goals and objectives are met. Currently the department has 47 cold cases that include homicide and missing person cases that have re- mained unsolved for at least three years. Modern forensic technology and investigative methods now allow for new evidence to be uncovered that was not possible in the past, and as a result a concerted effort has been made to provide the necessary resources for this unit so that there can be successful outcomes for these cases. The department has also focused on public outreach regarding these cases to generate leads and as part of this effort launched a podcast called Somebody Knows Something which discusses and reviews Elgin’s cold cases and seeks information from the public. In November 2024, the Cold Case Unit began investigating the 1983 disappearance of Karen Schepers. Several generations of law enforcement investigated her disappearance without suc- cess, and in March of 2025, the Cold Case Unit was able to solve this case when she and her vehicle were located in the Fox River, providing her family with long awaited answers they had been desperately seeking. This case highlighted the need for additional resources for the Cold Case Unit to include personnel. In late 2025, another detective and sergeant were added to the unit to provide these necessary resources. The unit does not currently have a dedicated work area, and with the expansion of the unit, the department is seeking to renovate an existing office space to house the unit that will reflect modern policing needs that include updated technology and a collaborative workspace. OPERATIONAL ANALYSIS As the Cold Case Unit has expanded, and with their involvement in high profile cases, collabora- tion with outside agencies, and evolving staffing, the department has determined that a dedi- cated work area would improve efficiency and better position the unit for current and future service demands. The selected vendors for this project are ODP Business Solutions, LLC for office furniture, to in- clude worksurfaces, chairs, and cabinetry, Midwest Computer Products, Inc. for technology-re- lated items to include an interactive display system with video conferencing capabilities, and Leopardo Construction, Inc., who will be responsible for the structural renovations including demolition. ODP Business Solutions LLC sets its pricing through Omnia Partners, a cooperative purchasing organization, Midwest Computer Products, Inc. sets its pricing through a Kane County Joint Purchasing Agreement, and Leopardo Construction, Inc. pricing is set through a job order contract. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Funding for this purchase will be made using drug asset forfeiture funds. The associated costs from each vendor are as follows with a total cost of $131,870. 2  • ODP Business Solutions, LLC-Office Workspace Furniture- Worksurfaces, Chairs, and Cab- inetry $42,194 (Omnia Partners) • Midwest Computer Products, Inc. - Technology Related Items- Interactive Display System with Video Conferencing Capabilities $41,283 (Kane County Joint Purchase Agreement RFP 33-019) • Leopardo Construction, Inc.- Structural Renovations - $48,393 (Job Order Contract) BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Drug Asset Forfeiture 250-3000-791.92-44 250033 $131,870 $131,870 LEGAL IMPACT The purchases for this project are being made pursuant to joint purchasing programs or cooper- atives. The city’s procurement ordinance expressly authorizes “purchases made pursuant to any joint purchasing program sponsored by the state or other governmental agency or association.” ALTERNATIVES The city council may choose not to award the project to ODP Business Solutions, LLC, Midwest Computer Products, Inc., and Leopardo Construction, Inc., and the police department will con- tinue with the current model in place for the Cold Case Unit. NEXT STEPS Execute agreements with ODP Business Solutions, LLC, Midwest Computer Products, Inc., and Leopardo Construction, Inc. and begin the project. Originators: Ryan Davenport, Police Sergeant Ana Lalley, Chief of Police Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager 3 ATTACHMENTS A. ODP Business Solutions, LLC Purchase Agreement B. Midwest Computer Products, Inc. Purchase Agreement C. Leopardo Construction, Inc. Job Order Contract Agreement 4  PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ day of ______________ 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and ODP Business Solutions, LLC, a Delaware limited liability corporation, (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the seventeen (17) page proposal dated February 26, 2026, attached hereto and made a part hereof as Attachment A, and as provided by Omnia Partners Region 4 ESC Contract # R240112, incorporated herein by reference (the “Omnia Partners Contract”). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the Omnia Partners Contract. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the Omnia Partners Contract, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the Omnia Partners Contract, Attachment A shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to C T Corporation System, 208 So. LaSalle St., Suite 814, Chicago, IL 60604- 1101 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Forty-Two Thousand One Hundred and Ninety-Four Dollars and Thirty Cents ($42,194.30) within thirty (30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller’s officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 2  14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer’s warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. ODP Business Solutions, LLC CITY OF ELGIN _____________________________________ _____________________________________ _ _ Print Name Richard G. Kozal, City Manager _____________________________________ Attest: _ Signature _____________________________________ _____________________________________ _ _ City Clerk Title Legal Dept\Agreement\Omnia ODP Business Solutions-Purchase Agr-3-20-26.docx 4  Attachment A Quote #: 656521A Date: 2/26/2026 Jennifer Kinser 630.956.1597 jennifer.kinser@odpbusiness.com 2nd Floor Cold Case Unit SOLD TO: SHIP TO: City of Elgin City of Elgin Elgin Police Department Elgin Police Department 151 Douglas Ave. 151 Douglas Ave. Elgin, IL 60120 Elgin, IL 60120 Lacey Roberts Lacey Roberts 847-289-2685 847-289-2685 NOTES: Pricing in this proposal is based on current market condi ons and may change due to tariff adjustments or government fees. Any increases before order invoice could adjust the final pricing. LINE QTY PRODUCT UNIT SELL EXT SELL 1 1 PRICING NOTE: $0.00 $0.00 Labor costs are based upon installing Cold Case Unit,1st North Community Room & 3rd Floor Mul purpose Room in the same phase Subtotal $0.00 Page 1 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 2ND FLR COLD CASE-GLASSBOARDS 2 3 CRATE FEE WALL $18.00 $54.00 Wall Mounted Markerboard Crate Fee, Net Fee Per Unit, Quikship Not Applicable 3 1 VI-4848-GL-M $1,172.25 $1,172.25 Wall Mount VITA, 48X48, Landscape & Portrait, Magne c 4mm Premium Low-iron Glass, Gloss Finish, Frameless, Integrated Wall Mount, Z-Strips included Glass Finishes GLA Glacier Glass CRATE FEE WALL CRATE FEE Add Crate Fee For Wall Markerboards 4 1 VI-6048-GL-M $1,395.45 $1,395.45 Wall Mount VITA, 60X48, Landscape, Magne c 4mm Premium Low- iron Glass, Gloss Finish, Frameless, Integrated Wall Mount, Z-Strips included Glass Finishes GLA Glacier Glass CRATE FEE WALL CRATE FEE Add Crate Fee For Wall Markerboards 5 1 VI-7248-GL-M $1,588.05 $1,588.05 Wall Mount VITA, 72X48, Landscape, Magne c 4mm Premium Low- iron Glass, Gloss Finish, Frameless, Integrated Wall Mount, Z-Strips included Glass Finishes GLA Glacier Glass CRATE FEE WALL CRATE FEE Add Crate Fee For Wall Markerboards 6 3 AC-TRY-SLV $130.05 $390.15 Aluminum Magne c Tray, 12" Silver 2ND FLR COLD CASE-GLASSBOARDS Subtotal $4,599.90 Page 2 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 2ND FLR COLD CASE-OPEN AREA 7 4 HLSLZ5SC54 $58.22 $232.88 42W EXTERNAL STIFFENER .P Black 8 4 HOLEG30 $106.26 $425.04 29 1/2HX30D OPEN LEG $(P1) P1 Paint Opts .LOFT Lo 9 4 HRVC35PCE $107.25 $429.00 ABOUND WALL CHANNEL ENDS(PAIR) $(P1) P1 Paint Opts .LOFT Lo 10 4 HRVC35PCM $56.76 $227.04 ABOUND WALL CHANNEL MIDDLE $(P1) P1 Paint Opts .LOFT Lo 11 4 HRVFSBW30 $16.83 $67.32 ABOUND 30W SEGMENT BAR FOR WALL HANGER APPLICATIONS 12 4 HRVFSBW42 $20.13 $80.52 ABOUND 42W SEGMENT BAR FOR WALL HANGER APPLICATIONS 13 4 HRVOH30FM $258.39 $1,033.56 ABOUND OVERHEAD-METAL FLIPPER DOOR 30IN $(P1) P1 Paint Opts .LOFT Lo .X Omit Lock 14 4 HRVOH42FM $284.13 $1,136.52 ABOUND OVERHEAD-METAL FLIPPER DOOR 42IN $(P1) P1 Paint Opts .LOFT Lo .X Omit Lock Page 3 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 15 4 HRVT2242T $51.81 $207.24 FABRIC TILE 22.5H X 42W $(A) Grd A Fabric .ECH Etch 10 Highlight 16 4 HWR2442P $178.86 $715.44 SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 24D X 42W $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle .PINC Pinnacle .LOFT Lo 17 6 HWSB2 $22.77 $136.62 WORKSURFACE BRACKET KIT $(P1) P1 Paint Opts .LOFT Lo 18 4 HHN831118 $30.69 $122.76 FLAT BRACKET 18D .S Charcoal 19 2 H9180R $579.42 $1,158.84 FLAGSHIP 36W 2-DRW R PULL LATERAL FLAGSHIP 36W 28H 18D .X OMT Core to Order Key Alike $(P1) P1 Paint Opts .LOFT Lo 20 3 H919436 $292.30 $876.90 36WX18D SQUARE EDGE LAMINATE TOP FOR LATERAL FILE $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 21 1 HF22 $16.65 $16.65 MASTER KEY (ONE KEY) 22 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X119E 119E Page 4 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 23 1 HFSC183640R $567.58 $567.58 FLAGSHIP STG CAB 39 1/8HX36WX18D R PULLS&2 ADJ SHLF .X OMT Core to Order Key Alike $(P1) P1 Paint Opts .LOFT Lo 24 4 HIWMM $390.73 $1,562.92 IGNITION 2 TASK MID-BACK .Y1 Synchro-Tilt W Seat Slider .A Height and Width Adj. Arm .S Black All-Surface Caster .IM 4-Way Black $(1) Grade 1 Uph .COMP Compass 10 Ink .BL Black Adjustable Lumbar .SB Standard Base .T Black 25 4 HLED17A $215.82 $863.28 17IN LED LIGHT W/PWRSUPPLYFORDAISYCHAIN(STARTER) 26 4 HLED17AUO $176.55 $706.20 17LED LT W/8IN MPRCORDDAISYCHAIN(FOLLOWR) 27 4 HWR3072P $277.53 $1,110.12 SYSTEMS RECTANGULAR WORKSURFACE EDGEBAND 30D X 72W $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle .PINC Pinnacle .LOFT Lo 28 4 HVFF20R $258.72 $1,034.88 FILE/FILE 28H X 19 7/8D X 15W .L Lock $(P1) P1 Paint Opts .LOFT Lo Page 5 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 29 4 HRVT2230T $44.22 $176.88 FABRIC TILE 22.5H X 30W $(A) Grd A Fabric .ECH Etch 10 Highlight 30 4 HSDEP2429F $94.05 $376.20 24D END-PANEL SUPPORTS FREESTANDING $(P1) P1 Paint Opts .LOFT Lo 31 2 HNL233028PSC $470.27 $940.54 30WX23-1/8DX28-1/2H STORAGE CABINET PEDESTAL .C Canopy/Sa n .X No Grommet $(L1STD) Grd L1 Standard Laminates .LOFT Lo $(L1STD) Grd L1 Standard Laminates .LOFT Lo 32 1 HNLMP6028 $147.19 $147.19 60W X 27-7/8H MODESTY / BACK PANEL .P Black $(L1STD) Grd L1 Standard Laminates .LOFT Lo 33 1 HNLRC2460 $197.21 $197.21 60W X 24D RECTANGLE WORKSURFACE .G Smooth Flat PINC Pinnacle .X No Grommet $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 34 4 HEC35PLN $45.21 $180.84 35H L CONNECTOR POST $(P1) P1 Paint Opts .LOFT Lo 35 4 HECSL $7.92 $31.68 L CONNECTOR STRAP Page 6 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 36 4 HEFEC35P $25.08 $100.32 PANEL FINISHED END COVERS 35H $(P1) P1 Paint Opts .LOFT Lo 37 4 HVFB23R $268.62 $1,074.48 BOX/BOX/FILE 28H X 22 7/8D X 15W .L Lock $(P1) P1 Paint Opts .LOFT Lo 38 8 HETC36 $29.37 $234.96 PANEL TOP CAP 36W $(P1) P1 Paint Opts .LOFT Lo 39 4 HETC30 $22.77 $91.08 PANEL TOP CAP 30W $(P1) P1 Paint Opts .LOFT Lo 40 8 HETP3536FP $154.77 $1,238.16 TACKABLE PANEL W/O TC 35H X 36W $(A) Grd A Fabric .ECH Etch 10 Highlight $(P1) P1 Paint Opts .LOFT Lo 41 4 HEWS35P $41.91 $167.64 WALL STARTER KIT FOR PANELS 35H $(P1) P1 Paint Opts .LOFT Lo 42 2 HF23C $25.90 $51.80 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X120E 120E Page 7 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 43 4 HF23C $25.90 $103.60 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X124E 124E 44 4 HF23C $25.90 $103.60 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X121E 121E 45 4 HF23C $25.90 $103.60 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X122E 122E 46 4 HF23C $25.90 $103.60 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X123E 123E 47 4 HSCKTPS $10.89 $43.56 STRAIGHT CONNECTOR KIT .X No Op on 48 4 HETP3530FP $144.54 $578.16 TACKABLE PANEL W/O TC 35H X 30W $(A) Grd A Fabric .ECH Etch 10 Highlight $(P1) P1 Paint Opts .LOFT Lo 2ND FLR COLD CASE-OPEN AREA Subtotal $18,782.31 Page 8 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 2ND FLR COLD CASE-PO 49 1 HLSLZ5SC48 $53.30 $53.30 36W EXTERNAL STIFFENER .P Black 50 1 HIWMM $390.73 $390.73 IGNITION 2 TASK MID-BACK .Y1 Synchro-Tilt W Seat Slider .A Height and Width Adj. Arm .S Black All-Surface Caster .IM 4-Way Black $(1) Grade 1 Uph .COMP Compass 10 Ink .BL Black Adjustable Lumbar .SB Standard Base .T Black 51 2 HIGS6 $246.00 $492.00 IGNITION GUEST/MULTI-PURPOSE CHAIR FOUR-LEG STACKING .N Armless .E Nylon Glide .U Upholstered $(1) Grade 1 Uph .COMP Compass 10 Ink .T Black 52 4 HF23B $20.50 $82.00 BLACK REMOVABLE LOCK CORE KIT .X101E 101E 53 1 H105R2460 $173.02 $173.02 60WX24D RECTANGLE WORKSURFACE $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle PINC Pinnacle 54 2 H105292 $316.93 $633.86 1050 SERIES BOOKCASE HUTCH 36W X 37-1/8H $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle PINC Pinnacle Page 9 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 55 1 H10592 $423.12 $423.12 10500 SERIES DESK SHELL 72W X 30D X 29-1/2H $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle PINC Pinnacle 56 1 H10504 $380.07 $380.07 10500 SERIES FLOORSTNDING FULL HT PED F/F 15-5/8W X 22-3/4D $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 57 1 H10524LEP $150.88 $150.88 15-3/4WX23-7/8DX28-1/2H L-SHAPED END PANEL $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 58 1 H10502 $380.07 $380.07 10500 SERIES FLOORSTND FULL HT PED B/B/F 15-5/8W X 22-3/4D $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 59 2 H10563 $539.15 $1,078.30 10500 SERIES LAT FILE 2-DRAWER 36W X 20D X $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle PINC Pinnacle 2ND FLR COLD CASE-PO Subtotal $4,237.35 Page 10 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 2ND FLR COLD CASE-PO GLASSBOARD 60 1 CRATE FEE WALL $18.00 $18.00 Wall Mounted Markerboard Crate Fee, Net Fee Per Unit, Quikship Not Applicable 61 1 VI-6048-GL-M $1,395.45 $1,395.45 Wall Mount VITA, 60X48, Landscape, Magne c 4mm Premium Low- iron Glass, Gloss Finish, Frameless, Integrated Wall Mount, Z-Strips included Glass Finishes GLA Glacier Glass CRATE FEE WALL CRATE FEE Add Crate Fee For Wall Markerboards 62 1 AC-TRY-SLV $130.05 $130.05 Aluminum Magne c Tray, 12" Silver 2ND FLR COLD CASE-PO GLASSBOARD Subtotal $1,543.50 Page 11 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 2ND FLR COLD CASE-STORAGE RM 63 1 HFSC183664R $837.68 $837.68 FLAGSHIP STG CAB 64 1/4HX36WX18D R PULLS&4 ADJ SHLF .L Standard Random Key Lock $(P1) P1 Paint Opts .LOFT Lo 64 2 HFSC183640R $574.98 $1,149.96 FLAGSHIP STG CAB 39 1/8HX36WX18D R PULLS&2 ADJ SHLF .L Standard Random Key Lock $(P1) P1 Paint Opts .LOFT Lo 65 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X105E 105E 66 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X106E 106E 67 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X107E 107E 68 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X108E 108E 69 2 H919436 $292.30 $584.60 36WX18D SQUARE EDGE LAMINATE TOP FOR LATERAL FILE $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 70 2 H9185R $1,258.00 $2,516.00 FLAGSHIP 36W 5-DR R PULL LATERAL 64-1/4H 18D WO/POSTSHELF .L Standard Random Key Lock $(P1) P1 Paint Opts .LOFT Lo Page 12 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL 71 1 HF23C $25.90 $25.90 LOCK CORE REPLACEMENT KIT BRUSHED CHROME .X109E 109E 2ND FLR COLD CASE-STORAGE RM Subtotal $5,217.74 2ND FLR COLD CASE-TABLE & CHAIRS 72 1 HFLDGRMT3 $20.50 $20.50 FIELD INSTALLABLE GROMMET-BLACK-FOR 3IN DIA HOLE 73 6 HCLQT $343.17 $2,059.02 HON CLIQ TASK CHAIR .W0 Weight Ac vated .CC1 Conference Cylinder .F Fixed .S Black All-Surface Caster .IM 4-Way Black $(1) Grade 1 Uph .COMP Compass 10 Ink .NL No Lumbar .SB Standard Base .T Black 74 1 HTLA4284 $482.98 $482.98 84WX42D RACETRACK SHAPED LAM TOP .G 2MM/Flat PINC Pinnacle .N No Grommets $(L1STD) Grd L1 Standard Laminates .PINC Pinnacle 75 1 HTTLEG84 $451.00 $451.00 PRESIDE ALUMINUM T LEG FOR 84 TABLE TOPS $(P1) P1 Paint Opts .LOFT Lo 2ND FLR COLD CASE-TABLE & CHAIRS Subtotal $3,013.50 Page 13 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL INSTALLATION 76 1 STORAGE: $0.00 $0.00 Warehousing of orders not delivered within 15 days * Storage rates will be based on size of order and length of me product is stored at local warehouse. 77 1 INSTALLATION $4,800.00 $4,800.00 Labor to receive, deliver, and install new furniture per approved floor plan. Installa on to be completed in the same phase as 1st North Community Room & 3rd Floor Mul purpose Room Proposal 656521. * Work to be done during normal business hours * Single phase. * Areas to be clear prior to installers arriving onsite. * Removal of exis ng not included. INSTALLATION Subtotal $4,800.00 X-DESIGN 78 1 DESIGN $0.00 $0.00 COMPLIMENTARY DESIGN (STD RATE $90/HOUR) X-DESIGN Subtotal $0.00 Subtotal $42,194.30 GRAND TOTAL $42,194.30 ~Ordering Notes~ * Deposit may be due at me of order * The applicable tax will be applied at the me of invoicing * Pricing in this proposal is based on current market condi ons and may change due to tariff adjustments or government fees. Any increases before order invoicing could adjust the final pricing. * Es mated lead me is subject to the manufactures produc on / shipping schedules * This proposal contains Special Order items that are Not Returnable * Once an order is placed, cancella ons are Not Allowed Page 14 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL Page 15 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL TERMS AND CONDITIONS OF PURCHASE (FURNITURE - ODP BUSINESS SOLUTIONS WORKSPACE INTERIORS) 1.ODP Business Solu ons, LLC (“ODP Business Solu ons”) shall make 13. Jobsite Services. Electric current, light, heat, trash disposal facili es, hois ng commercially reasonable efforts to install all products as quickly as possible. and/or elevator service, and adequate facili es for off-loading, staging, However, any delivery and/or installa on dates quoted to Customer are moving, and handling of the Furnishings will be furnished without charge to approximate, and ODP Business Solu ons obliga on shall be only to deliver ODP Business Solu ons. Customer acknowledges that if the installed and/or install the products within a reasonable me. Also, due to certain Furnishings require electrical hook-ups, outlets, wiring, or other similar factory shipment schedules, it is possible that ODP Business Solu ons will services, at Customer’s elec on, ODP Business Solu ons may provide such be able to deliver and install por ons of the job in phases. Customer will be services through licensed subcontractors at an addi onal fee or Customer invoiced for the items as they are delivered and payment will be due as set shall be responsible for engaging appropriate licensed professionals. forth in Sec on 3 below 2.All prices are firm for thirty (30) days from date of proposal. 3.Payment terms are net twenty (20) days from date of invoice, unless 14. Permits are the responsibility of the Customer unless expressly provided in otherwise agreed to and as documented on the order or quote. Customer the Proposal. will be invoiced for items when delivery and installa on (if applicable) is 15. If Customer is unwilling or unable to accept delivery or installa on of the complete, and any punch issues are less than 10% of the value of the en re products according to the specified schedule, the products will be stored at order. In no event shall payment be withheld for delivered products and Customer's expense. Customer shall pay a warehouse charge payable services. Customer shall pay 90% of the invoice and may withhold 10% monthly. Any double handling of a product will be charged at our normal un l comple on of the job. The balance is payable immediately a er any hourly rate. outstanding issues are resolved. 16. ODP Business Solu ons makes no warran es, expressed or implied, as to 4.All orders are subject to credit approval. merchantability or as the suitability of the products for any par cular 5.ODP Business Solu ons requires a minimum deposit equaling 50% on all purpose, except those made by the manufacturer of the products. Any orders over $20,000. Said deposit will be applied to Customer's account claim must be made to ODP Business Solu ons in wri ng within five (5) days un l such product is delivered and invoiced. Each invoice, less its a er delivery or installa on of the products and if no claim is so received by propor onate share of the deposit, will be due and payable as set forth in ODP Business Solu ons it will be conclusively presumed that Customer has Sec on 4 above. accepted and that the products are as represented. 6. All products and materials are subject to applicable taxes, as well as any 17. No liability shall accrue against ODP Business Solu ons as a result of breach applicable inbound freight and fabrica on charges. of terms and condi ons caused by any strike, act of God, lockout, accident, 7.An order is not cancelable once in produc on. “Quick ships” and fabric or delay beyond its control. orders are not cancelable. 18. ODP Business Solu ons retains, and Customer hereby grants to ODP Business Solu ons, a security interest in the products to secure the 8.Any quota on for special order products or materials shall be approved by purchase price therefore. The products shall remain personal property an authorized Customer representa ve for correct product number, fabric, regardless of being fixed to any real property. If Customer defaults in the specifica ons and quan es. Any services rendered to Customer to change payment of the purchase price when due, ODP Business Solu ons shall have or modify the specifica on and layout before or during installa on will be all rights and remedies granted by the Uniform Commercial Code. A finance charged to Customer at prevailing rates. If such changes or modifica ons charge of 2% per month (annual percentage rate 24%) will be charged on all result in addi onal products, parts, materials or labor, they will be billed to past due balances. Customer shall pay all collec on costs, including Customer at prevailing rates. a orneys fee, in the event any claim is referred to a collec on agency or 9.Delivery and installa on services are conducted during normal business a orney. hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. If services are requested outside of normal business hours, if special handling or 19. Products shipped directly to Customer shall be the responsibility of equipment is required, if moving of products other than delivered is Customer except if agreed in wri ng that ODP Business Solu ons will required, or if there are any unusual condi on not made known to ODP provide delivery and installa on services. The receiving Customer is Business Solu ons at the me of sale, extra labor charges at prevailing rates responsible to inspect products and file any necessary freight claims with may apply. freight provider. 10.If during installa on, addi onal products are necessary or required to 20. Manufacturer warran es apply for parts only. Labor is not included. complete the job, such addi onal products and labor will be charged to 21. All items set forth in the quota on are non-returnable. Customer at prevailing rates. 22. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, 11.Floors shall be smooth, level and free from debris. SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER IN AN ACTION 12.Condi on of Jobsite - Customer agrees to have premises available on the BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER requested date of installa on and for a reasonable me therea er for LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY installa on during the regular business day. Customer's job site shall be OF SUCH DAMAGES. clean, clear, and free of debris prior to installa on. Delivery and installa on 23. Each party shall indemnify and hold harmless the other party from and encumbrances which necessitate addi onal labor will result in extra against any and all third-party claims, demands, ac ons, suits, losses, charges. If installa on is to be placed over carpe ng, les, or other floor liabili es, damages and all related costs and expenses, including without covering, Customer hereby assures ODP Business Solu ons that all such limita on reasonable a orneys’ fees due to, arising from or rela ng to the coverings will be completed prior to me installa on is scheduled. The job negligent, willful or reckless act or omission of the indemnifying party. site shall be free of interference from all trades in the work areas, and if the job site is not free of such trade interference, the delivery and installa on 24. These terms and condi ons shall be governed by the law of the State of shall not proceed un l such interference has been eliminated, or other Florida, without regard to conflict of laws principles. arrangements are agreed to in wri ng. ODP Business Solu ons shall be held harmless and shall not assume liability for job delay due to failure to meet any of the preceding condi ons. Customer PO: Customer: Title: Customer's Signature: Date: Print Name: Page 16 of 17 LINE QTY PRODUCT UNIT SELL EXT SELL Page 17 of 17  PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ day of ______________ 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Midwest Computer Products, Inc., an Illinois corporation (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City as described in the four (4) page proposal, dated March 13, 2026, attached hereto and made a part hereof as Attachment A, and as provided by the joint purchase agreement through the County of Kane, under RFP No. 33-019, incorporated herein by reference (the “JPA”). 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof and the JPA. In the event of any conflict between any of the terms and provisions this Agreement and either Attachment A or the JPA, or any portion thereof, the terms and provisions of this Agreement shall supersede and control. In the event of any conflict between Attachment A and the JPA, Attachment A shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Midwest Computer Products, Inc., c/o registered agent Charles A. Dunlop, 820 E. Terra Cotta Avenue, Suite 139, Crystal Lake, IL 60014 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement.  7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Forty-One Thousand Two Hundred Eighty-Three Dollars and Sixty Cents ($41,283.60) as follows: 50% down payment upon acceptance of the design with remaining 50% due 15 days after system commissioning. The aforementioned total sum is inclusive of all applicable freight, shipping and taxes. 11. DELIVERY. Seller shall deliver the goods and shall provide all services as described in Paragraph 1 on or before September 1, 2026. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. 14. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller’s officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 15. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer’s warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 2  16. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 17. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 18. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 19. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 20. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. Midwest Computer Products, Inc. CITY OF ELGIN ______________________________________ ______________________________________ Print Name Richard G. Kozal, City Manager ______________________________________ Attest: Signature ______________________________________ ______________________________________ Title City Clerk Legal Dept\Agreement\Midwest Computer Products Purchase Agr-Video Equip-3-26-26.docx 3  Attachment A 33W512 Roosevelt Rd West Chicago, IL 60185 630-232-0010 Elgin Police Department January 19, 2026 151 Douglas Ave. Elgin, IL 60120 ATTN: Mike Bayard Project: Cold Case Conference Room Project Summary The Cold Case Department is looking to retrofit an old supply closet into a huddle space / conference room, while adding video conferencing capabilities. System Overview Display System:  A 75” BenQ interactive display will be wall mounted on a Balt height adjustable wall mount (37745).  A slot in PC (BenQ TEY41) will be inserted into the interactive display, which will be used instead of the native Android mode. This will be accomplished by putting the display into ‘Signage’ mode. Connectivity:  There will be 5 PC’s, 4 within the room and 1 in the adjacent room. Each of these will need the ability to be controlled by the interactive display, when selected as the source.  Additionally, MCP will provide a wireless connection (BenQ TWY31) which will plug directly into a users laptop. Video Conferencing:  Internal microphones on the interactive display will be used for video conferencing, which is to take place using the slot in PC that will be installed in the display.  Mounted above the display will be a snap in camera (BenQ DV01K) Control:  A 7” Extron touch panel will be wall mounted to the left or right of the display, with the ability to control the system. o Display: On / Off o Display: Vol Up / Down o Source: Display PC, PC 1-5, Wireless o Microphone: Mute / Unmute (if Parle) Furniture:  A wall mounted rack would be installed in the adjacent closet. 1  33W512 Roosevelt Rd West Chicago, IL 60185 630-232-0010 Installation Exclusions – The following work is not included in our Scope of Work  Any necessary ceiling modifications for the projector and screen including T-Bar refinishing.  Ceiling tile replacement and or repair.  Any RJ45 terminations.  All conduits, high voltage wiring panels, breakers, relays, boxes, receptacles, etc.  Concrete saw cutting and/or core drilling.  Fire wall, ceiling, roof and floor penetration.  All millwork (moldings, trim, cut outs, etc.).  Furniture modifications (table cuts, credenza cuts, etc.).  Painting and patching.  Permits (unless specifically provided for and identified within the contract). Client Responsibilities  Providing all required permits and passes for MCP personnel.  All AC power, including power cabling, equipment, receptacles, floor boxes, risers, conduit between risers, raceways, etc., will be furnished, installed and made available at MCP required locations by others.  All Network configurations including IP addresses are to be provided, operational and functional before integration begins. MCP will not be responsible for testing the LAN connections.  Cable or Satellite drops must be in place with converter boxes operational before the completion of integration.  There is a temporary secure storage area for equipment during a multiple-day integration.  Scheduling all necessary employees for system training. Assumptions – if these prove false a Change Order will be required  There is sufficient accessibility and space in ceiling area for infrastructure support hardware.  Any owner furnished equipment shall be available to display and test system audio/video connections and will integrate with the purchased equipment and system(s).  Any owner-furnished equipment shall be in good working order. Cost to repair or replace  All above ceiling cable runs are assumed to have an unobstructed path from end to end unless otherwise noted. Any walls, beams, etc. discovered during the installation process necessitating additional unplanned labor and time will result in a change order with additional costs.  If consumer grade flat panel displays (TVs) are specified by the end user as part of the integration project and they prove to be defective or incompatible with the proposed system, a return charge of $ 350.00 per TV will be assessed to correct the problem.  There is ready access to the building / facility and the room(s) for equipment and materials.  The documented Change Control process will be used to the maximum extent possible – the Client will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders.  Manufacturer equipment latest firmware updates will be performed during the course of the installation. No Manufacturer firmware will be incorporated after Substantial Completion (equipment/room available for Client’s functional use) has been achieved. Further firmware updates are the Client’s responsibility or MCP can be contracted on a time and materials basis to perform further updates. It should be noted that a firmware update on one piece of equipment may require other items to be updated as well in order to maintain system integrity and optimum functionality.  Pricing quoted is based on current manufacturer costs. Any cost changes caused by the implementation of government tariffs will be added to the quoted system price. 2  33W512 Roosevelt Rd West Chicago, IL 60185 630-232-0010  All onsite labor costs are at current Prevailing Wage rates. If the State of Illinois increases rates prior to completion of this project, the % wage rate increase will apply to the total labor portion of this proposal.  Price quotes are valid for thirty (30) days from the date of proposal. Implementation Standards MCP will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): Project Management: MCP shall coordinate:  Developing a project schedule (with Client and MCP milestones).  Staging equipment and materials at shop and installation site.  Submittals of operator manuals of all equipment documentation.  Installation supervision.  Substantial Completion (room available for use)  Completion of final punch list items. On-Site Installation shall include:  Pulling, bundling and terminating audio and control cables.  Installing structural systems for audiovisual equipment.  Software/hardware testing.  Adjusting and balancing audio gain as required.  Assuring the finished system meets the design criteria and functions per the design concept.  Site cleanup and disposal, etc.  Completion of final punch list items. Amendments of Design or Contract:  Any changes made to the design of the system or the contractual agreements in implementation or functionality will require a “Contract Change Order” form signed by an authorized decision maker for the Client.  Any price changes that should follow an amendment will be reflected on the final bill unless otherwise stated or agreed upon by MCP and the client.  It is understood by the Client that any changes made may affect delivery time tables and work schedules. Knowledge Transfer (Training) This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the following:  Equipment and system overview  Discussion and documentation relating to control system operation  Manual operation of display systems, audio system and all other related components  Who to call when help is required  All persons requiring system training must be present at the agreed upon time. Return trips to train individuals not present at the agreed upon time will be billed as an additional charge. Standard Warranty MCP and its installation subcontractor warrant the Audiovisual System furnished to be free from defects in workmanship (i.e. cables, connections and structures) failure for a period of 90 days from the date of acceptance or first beneficial use. Such defects shall be corrected in a timely and responsible manner. Manufacturer’s equipment warranties are of varying lengths (usually 90 days to 3 years). MCP shall warranty this equipment for the term established by the manufacturer on a depot basis. Warranty does not apply to any product that has been subject to misuse, neglect, accident or operational error. 3  33W512 Roosevelt Rd West Chicago, IL 60185 630-232-0010 Pricing Display System $ 6,263.00 Connectivity & Routing $ 11,475.70 Camera $ 698.80 Cables & Equipment Rack $ 1,837.10 Design and Programing $ 6,425.00 Installation, Shop Build and Project Management $ 13,722.00 Freight and Delivery $ 565.00 Total Project $ 40,986.60 Accepted By: _________________________________________ Date: _______________ Print Name: _______________________________________________ Sincerely, Tom Warda Midwest Computer Products, Inc. Payment Terms Payment shall be 50% down payment upon acceptance of the design with remaining 50% due 15 days after system commissioning. Cancellation of this project prior to completion will result in restocking charges for all equipment and materials. This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without the prior written consent of Midwest Computer Products, Inc. 4  JOB ORDER CONTRACT AGREEMENT THIS AGREEMENT is dated this ______ day of _____________, 2026, by and between the City of Elgin, an Illinois Municipal Corporation (herein called "City") and Leopardo Construction, Inc. (herein called "Contractor"), an Illinois corporation with a principal place of business at 120 S. Riverside Plz., Ste. 2150, Chicago, Illinois 60606. WHEREAS, the City has requested and Contractor has provided a proposal for a job order contract to provide for certain repairs and renovations to the Elgin Police Department; and WHEREAS, Contractor submitted a proposal for a job order contract for such work dated March 6, 2026, consisting of eleven (11) pages, attached hereto as Attachment A ("Contractor’s Job Order Contract Proposal"); and WHEREAS, the City Council has determined it to be in the best interests of the City to award the contract to the Contractor for such work at the Elgin Police Department (hereinafter referred to as the "Work"); and NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Article 1. Work. Contractor shall complete the Work as specified in the Contract Documents. The Work is generally described as follows: This project will generally be comprised of certain repairs and renovations to an interior room at the Elgin Police Department presently known as the cold case room. The scope of Work is summarized in Contractor's Job Order Contract Proposal. Article 2. City Representative. There is no Engineer for the Work. The City’s Building Maintenance Superintendent shall act as City's representative and shall assume and provide such duties and obligations of the Engineer to the extent provided in the Contract Documents. Article 3. Work Completion, Liquidated Damages, Delays and Damages. 3.1. Work Completion. The Work shall be completed as provided in the Contract Documents. Substantial completion shall be within 90 calendar days of written Notice to Proceed. Final Completion shall be within 120 calendar days of written Notice to Proceed. In the event of any conflict between these dates and dates elsewhere in the Contract Documents, these dates shall prevail. Time is of the essence of this Agreement. 3.2. Liquidated Damages. The City and Contractor agree that as reasonable liquidated damages for delay (but not as a penalty) Contractor shall pay City $300.00 for each day beyond the time specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the times specified in the Contract Documents (hereinafter referred to as "Contract Times") or any proper extension thereof granted by City, Contractor shall pay City $300.00 for each day beyond the time for Final Completion. Contractor agrees and acknowledges that such liquidated damages constitute a reasonable estimate of City's actual damages. Such liquidated damages shall constitute City's sole recourse for and shall constitute full satisfaction of City's actual damages resulting from Contractor's delay. Contractor further acknowledges and agrees that in the event any provisions in any of the Contract Documents conflict with the provisions of this paragraph or otherwise provide for damages resulting from Contractor's delay, the provisions of this paragraph shall control, and such conflicting provisions and any Contract Documents shall not constitute, and shall not be construed as, a basis by which to render the provisions of this paragraph unenforceable. 3.3. Delays and Damages. In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any Contract Times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the Contract Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. Article 4. Contract Price. City shall pay Contractor $48,393.20 as indicated in the Contractor's Job Order Contract Proposal for completion of the Work in accordance with the Contract Documents. Article 5. Payments. 5.1. Payments. City shall make payments on the basis of Contractor's Applications for Payment as recommended by the City’s Building Maintenance Superintendent, in conformance with the City of Elgin's accounts payable schedule. All payments shall be based on the progress of the Work measured by the schedules provided in the Contract Documents. Notwithstanding anything to the contrary in any Contract Documents, City shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certifications verifying the receipt of payment for all work performed by all subcontractors up to the date of Contractor's application for partial or final payment in City's sole discretion. City shall further be entitled to make such payments directly to any subcontractors as may be necessary to obtain such lien waivers and/or certifications. In the event City makes any such payments directly to any subcontractors, the amount of such payments shall be deducted from the total amount due to Contractor pursuant to this Agreement; and Contractor shall provide a written release to City in the amount of any such payments upon ten (10) days written demand. Concurrent with all applications for payment, Contractor shall provide City with a sworn certification of all work performed by all subcontractors and amounts paid to all subcontractors as of the date of application. 5.2. Retainage. City may withhold, from all payments prior to Substantial Completion, an amount equal to up to ten percent (10%) of work completed, at City's sole discretion. Upon 2 Substantial Completion, City may release a portion of the retainage to Contractor, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed, at City's sole discretion. The time for payment of any retainage from City to Contractor shall be at City's sole discretion. Such payment shall not be unreasonably withheld. 5.3. Final Payment. The City shall not be required to make final payment prior to completion and acceptance of the Work by the City. Article 6. Contract Documents. There are no Contract Documents other than those listed below. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: a. This Agreement. b. Contractor's Job Order Contract Proposal, attached hereto as Attachment A. c. General Conditions, based upon EJCDC No. 1910-8 (1996 Edition) as modified by the City of Elgin, Illinois, attached hereto as Attachment B. d. Supplementary Conditions Regarding Insurance, attached hereto as Attachment C. e. Attachment D. Intentionally Omitted. f. Attachment E. Intentionally Omitted. g. Certificates of Insurance. h. Bonds. i. Notice to Proceed. j. The terms of an Indefinite Delivery-Indefinite Quantity Construction Contract through Sourcewell, under Contract No. IL-R1-GC-122122-LEO for a base term January 23, 2023 to January 24, 2027, incorporated herein by reference. In the event of any conflict between the terms of the Indefinite Delivery-Indefinite Quantity Construction Contract through Sourcewell, and the other Contract Documents and this Agreement, the other Contract Documents and this Agreement shall supersede and control. k. Any subsequent Written Amendments to any documents listed above and other documents amending, modifying or supplementing the Contract Documents, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. This Agreement and the Contract Documents listed above comprise the sole and exclusive Agreement between the parties hereto. There are no other agreements between the parties hereto either oral or written, and neither this Agreement nor any Contract Documents shall be modified or amended without the written consent of the authorized representatives of the parties hereto. Article 7. Prevailing Wage. This Agreement calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01, et seq., as amended. The Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics performing services on public works projects no less than the current "prevailing rate of wages" (hourly cash wages plus 3 amount for fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes the prevailing wage rates on its website at http://labor.illinois.gov/. The Illinois Department of Labor revises the prevailing wage rates and the contractor/subcontractor has an obligation to check the Illinois Department of Labor's website for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor's website. All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. Article 8. Nondiscrimination/Affirmative Action. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Contractor shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Contractor shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Contractor agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, as amended, is hereby incorporated by reference, as if set out verbatim. Article 9. Miscellaneous. a. Terms used in this Agreement shall have the meanings indicated in the General Conditions. b. No assignment or delegation by a party hereto of any rights under, obligations or interests in the Contract Documents shall be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. c. City and Contractor each binds itself, its partners, successors, employees, assigns, and agents to the other party hereto, its partners, successors, employees, assigns, and agents in respect of all covenants, agreements, and obligations contained in the Contract Documents. d. The business address of Contractor is hereby designated as the place to which all notices, letters, and other communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the place to which all notices, letters, and other communication to the City shall be mailed or delivered. Such notices, letters and other communications shall be directed to the City's General Services Manager. Either party 4  may change its address at any time by an instrument in writing delivered to Engineer and to the other party. e. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. f. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with the Agreement shall be in the Circuit Court of Kane County, Illinois. g. This Agreement shall not be construed so as to create a partnership, joint venture, employment or agency relationship between the parties hereto except as may be specifically provided for herein. h. In the event of any conflict between any of the terms or provisions of this Agreement and any other Contract Documents, the terms and provisions of this Agreement shall control. i. Indemnification. To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, the Engineer, Engineer's consultants and the officers, employees, boards and commissions of each and any of them from and against any and all claims, suits, judgments, costs, attorneys' fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in the performance of this Agreement, or arising out of or in connection with litigation based on any mechanic's lien or other claims, suits, judgments and/or demands for damages by subcontractors. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of City's choosing. In the event and to the extent that any legal work is performed by City's in-house legal counsel pursuant to the provisions of this section, City shall be reimbursed by Contractor for such legal work at the rate of $200 per hour, which rate Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. j. Compliance with Laws. Notwithstanding any other provision of this Contract it is expressly agreed and understood that in connection with the performance of this Contract that the Contractor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any application requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Contractor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful 5  prosecution of the work, and/or the products and/or services to be provided for in this Contract. The City shall have the right to audit any records in the possession or control of the Contractor to determine Contractor's compliance with the provisions of this section. In the event the City proceeds with such an audit the Contractor shall make available to the City the Contractor's relevant records at no cost to the City. Contractor shall pay any and all costs associated with any such audit. Without limiting the foregoing, Contractor hereby certifies, represents and warrants to the City that all Contractor's employees and/or agents who will be providing products and/or services with respect to this Contract shall be legally authorized to work in the United States. k. No Interest. Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. l. Limitation of Actions. Contractor agrees that any cause of action, lawsuit or other legal claim by the Contractor arising out of this Agreement must be filed within one year of the date the alleged cause of action, lawsuit or other legal claim arose or the same will be time barred and waived and released by the Contractor. m. Registration. Contractor hereby warrants and represents that it is registered with the Illinois Secretary of State's Office or has been incorporated in the State of Illinois; and such entity further hereby warrants and represents that it is in good standing in the state of its incorporation or organization. n. Counterparts and Execution. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 6  IN WITNESS WHEREOF, City and Contractor have signed this Agreement. This Agreement shall be effective on _____________________, 2026. CONTRACTOR: CITY: City of Elgin _____________________________________ _____________________________________ By: _________________________________ Peter Oldendorf By: Richard G. Kozal Title: ________________________________ Vice President Title: City Manager Address for giving notices: Address for giving notices: 120 S.W. 1100 Riverside MonroePlaza., StreetSuite 2150 City of Elgin Chicago, Illinois Chicago, Illinois 60606 60607 150 Dexter Court Attn: ________________________________ Elgin, Illinois 60120 Attn: Glen Dettman FEIN #_______________________________ 36-3046570 7  ATTACHMENT A Work Order Signature Document Contract No.:IL-R1-GC-122122-LEO X New Work Order Modify an Existing Work Order Work Order #: 151143.00 Work Order Date: Owner PO No: Title: City of Elgin - Police Department Room Renovation Owner Name: SOURCEWELL - ILLINOIS - City of Contractor Leopardo Companies Inc Elgin Name: Contact: Glen Dettman Contact: Antonio Pabon Phone: 8477741468 Phone: Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC Contract No IL-R1-GC-122122-LEO. Brief Work Order Description: Interior room renovation for the Elgin Police Department. Work Order Firm Fixed Price: $48,393.20 Owner Purchase Order Number: Approvals Owner Date Contractor Date Work Order Signature Document 1 of 1 Detailed Scope of Work Date: 3/6/2026 Work Order #: 151143.00 Title: City of Elgin - Police Department Room Renovation Contractor: Leopardo Companies Inc Contractor Number: IL-R1-GC-122122-LEO Job Order Value: $48,393.20 Location: City of Elgin - Police Department Room Renovation Brief Scope: Interior room renovation for the Elgin Police Department. Dear Glen Dettman, The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work: Detailed Scope: Interior room renovation for the Elgin Police Department. Base Scope (Cold Case Room) - Demo Existing Carpet - Demo Existing Cove Base - Open Existing wall to access backing for monitors - Install in Wall Backing - Patch Opened up Drywall - Prep and Paint Existing Walls - Furnish and install New Carpet tiles - Furnish and install New Cove Base - Furnish and Install 8 New Receptacles - Furnish, install, and program New Card Reader and Electric Strike (Storage Room) - Furnish and install 3 new circuits for receptacles - Furnish and install low voltage wiring for card reader and strike Exclusions: - No overtime, double-time or union holidays - No testing for hazardous materials - No permit, plan review, license, or inspection fees. - Any alteration or deviation from the above-described work, or any additional work requested beyond the scope of the work described above, will be considered an extra, and will be completed at an additional cost based on the time and material. - Repair, replacement, or relocation of piping and or utilities located under concrete flooring. - Repair or relocation of utilities in existing walls. - Removal of underground obstructions such as structures, old foundations, building rubble, garbage, underground tanks in the way of the project. - Premium time, liquidated damages. Detailed Scope of Work 1 of 2 Detailed Scope of Work - Data equipment, switches, patch panels, and patch cords - Asphalt and concrete cutting, patching & replacement, roof patching. - New fire alarm devices - Excludes any wallcovering removal - Excludes any staining of wood doors or trim - Excludes any convector painting - Excludes any millwork painting or staining - Excludes any sealant work - Pricing is based on 8 hour work days - Excludes any work not stated above Requirements: Should you have any questions, please do not hesitate to contact me at 224.630.6942. Detailed Scope of Work 2 of 2 Contractor Price Proposal Summaries - CSI Date: 3/6/2026 Work Order #: 151143.00 Title: City of Elgin - Police Department Room Renovation Contractor: Leopardo Companies Inc Contractor Number: IL-R1-GC-122122-LEO Job Order Value: $48,393.20 Proposal Name: Rev 3 Proposal with Scope Cut 3/5/26 Proposal Value: $48,393.20 To: Project Manager From: Antonio Pabon Project Manager Leopardo Companies Inc CSI Section LineTotal 01 - General Requirements $6,362.25 06 - Wood, Plastic, and Composites $213.28 08 - Openings $749.91 09 - Finishes $27,668.50 23 - Heating, Ventilating, And Air-Conditioning (HVAC) $1,605.20 26 - Electrical $4,079.20 27 - Communications $5,307.43 28 - Electronic Safety And Security $2,407.43 Grand Total: $48,393.20 This work order proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding of the line totals and sub-totals. The Percent of NPP on this Proposal: 0.00 Contractor Price Proposal Summaries - CSI 1 of 1 Contractor Price Proposal Details - CSI Date: 3/6/2026 Work Order #: 151143.00 Title: City of Elgin - Police Department Room Renovation Contractor: Leopardo Companies Inc Contractor Number: IL-R1-GC-122122-LEO Job Order Value: $48,393.20 Proposal Name: Rev 3 Proposal with Scope Cut 3/5/26 Proposal Value: $48,393.20 CSI Number Mod UOM Description LineTotal 01 - General Requirements 1 01 22 20 00-0010 HR ElectricianFor tasks not included in the Construction Task $1,989.80 Catalog® and as directed by owner only. Qty Unit Price Factor Total Installation 16.000 X $115.14 X 1.0801 $1,989.80 Contractor Notes: Termination for tying into existing electrical panel 2 01 22 20 00-0010 0001 MOD For Foreperson, Add $49.77 Qty Unit Price Factor Total Installation 8.000 X $5.76 X 1.0801 $49.77 3 01 22 20 00-0010 HR ElectricianFor tasks not included in the Construction Task $1,492.35 Catalog® and as directed by owner only. Qty Unit Price Factor Total Installation 12.000 X $115.14 X 1.0801 $1,492.35 Contractor Notes: Running the low voltage for door strike/card reader and wiring for receptacle above the ceiling grid. Having to pop out tiles and reinstall tiles. Additional work needed to run above ceiling grid in cold case room to pop out more ceiling tiles for receptacle circuits 4 01 22 23 00-0155 WK Up To 2,000 CFM, Portable Negative Air Machine $911.47 Qty Unit Price Factor Total Installation 2.000 X $421.94 X 1.0801 $911.47 Contractor Notes: neagtive air machine for project 5 01 22 23 00-0159 EA High Efficiency Particulate Air (HEPA) Filter, 99.99% Efficient At $288.67 0.3 Micron For Portable Negative Air Machines Qty Unit Price Factor Total Installation 2.000 X $133.63 X 1.0801 $288.67 Contractor Notes: filter for negative air machine 6 01 56 16 00-0084 SF 1/8" Thick, Masonite For Temporary Floor ProtectionIncludes $244.37 removal after use. Qty Unit Price Factor Total Installation 125.000 X $1.81 X 1.0801 $244.37 Contractor Notes: Temp protection throughout due to active building Contractor Price Proprosal Details - CSI 1 of 7  CSI Number Mod UOM Description LineTotal 01 - General Requirements 7 01 56 16 00-0093 EA 24" x 36", 30 Layer Sticky MatIncludes removal after use. $289.94 Qty Unit Price Factor Total Installation 6.000 X $44.74 X 1.0801 $289.94 Contractor Notes: For exit door for dust control 8 01 66 19 00-0003 CY Transfer Delivered Material Between Floors Via Elevator, Per $142.79 TripQuantity is not multiplied by number of floors traveled. Includes transfer of materials between elevators, if more than one bank of elevators is required. Qty Unit Price Factor Total Installation 10.000 X $13.22 X 1.0801 $142.79 9 01 66 19 00-0005 CY Transfer Delivered Materials Distances Greater Than 125', Per CY $89.22 Of Material Per 125' Qty Unit Price Factor Total Installation 10.000 X $8.26 X 1.0801 $89.22 10 01 66 19 00-0008 CY Transfer Demolition Debris Between Floors Via Elevator, Per $142.79 TripQuantity is not multiplied by number of floors traveled. Includes transfer of materials between elevators, if more than one bank of elevators is required. Qty Unit Price Factor Total Installation 10.000 X $13.22 X 1.0801 $142.79 11 01 66 19 00-0010 CY Transfer Demolition Debris Distances Greater Than 125', Per CY $89.22 Of Material Per 125' Qty Unit Price Factor Total Installation 10.000 X $8.26 X 1.0801 $89.22 12 01 74 19 00-0014 EA 20 CY Dumpster (3 Ton) "Construction Debris"Includes delivery of $631.86 dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non- hazardous material. Qty Unit Price Factor Total Installation 1.000 X $585.00 X 1.0801 $631.86 Contractor Notes: 1 Dumpster for duration of project. 'each" is for each pick up required. Subtotal for 01 - General Requirements: $6,362.25 06 - Wood, Plastic, and Composites 13 06 11 16 00-0146 LF 2" x 8" Pressure Treated Wood Blocking To Steel $213.28 Qty Unit Price Factor Total Installation 18.000 X $10.97 X 1.0801 $213.28 Contractor Notes: Blocking for 3 monitors. Subtotal for 06 - Wood, Plastic, and Composites: $213.28 Contractor Price Proprosal Details - CSI 2 of 7  CSI Number Mod UOM Description LineTotal 08 - Openings 14 08 71 11 00-2468 EA 12/24 Volt DC, 3,070 Lb. Static Strength, Stainless Steel Body, $749.91 Dual Voltage Electric Strike (HES 1006) Qty Unit Price Factor Total Installation 1.000 X $694.30 X 1.0801 $749.91 Contractor Notes: Electric strike For storage room door Subtotal for 08 - Openings: $749.91 09 - Finishes 15 09 01 20 91-0006 SF >16 To 32 SF, Cut And Patch Hole In Gypsum Board To Match $677.22 ExistingPer location. See CSI section 09 29 10 00-0001 for "Gypsum Board" repairs > 32 SF. Qty Unit Price Factor Total Installation 50.000 X $12.54 X 1.0801 $677.22 Contractor Notes: Patch needed after installing TV mounts and Owner requested a couple more outlets that will require more drywall to be patched 16 09 01 60 91-0013 LF Up To 6" Wide, Hand Detail Work/Grinding At Wall Of Existing $5,162.71 Concrete Floor Prior To Installation Of FlooringUp to 1/4" of material per pass Qty Unit Price Factor Total Installation 208.000 X $22.98 X 1.0801 $5,162.71 Contractor Notes: prepare floor around edges 17 09 01 90 52-0014 SF Hand Wash, Minor Repair And Light Sanding Drywall Surfaces, $82.09 Surface Preparation Qty Unit Price Factor Total Installation 100.000 X $0.76 X 1.0801 $82.09 Contractor Notes: to repair any issues in the drywall surfaces 18 09 01 90 52-0014 0325 MOD For Up To 100, Add $164.18 Qty Unit Price Factor Total Installation 100.000 X $1.52 X 1.0801 $164.18 19 09 29 10 00-0006 SF 5/8" Gypsum Board $348.33 Qty Unit Price Factor Total Installation 125.000 X $1.88 X 1.0801 $253.82 Demolition 125.000 X 0.7 X 1.0801 $94.51 Contractor Notes: To open up the drywall for backing for monitors 20 09 65 13 13-0004 LF 4" High, 1/8" Thick, Type TV Thermoplastic Vinyl Wall Base, All $1,565.89 Colors Qty Unit Price Factor Total Installation 208.000 X $5.48 X 1.0801 $1,231.14 Demolition 208.000 X 1.49 X 1.0801 $334.74 Contractor Notes: New base since carpet will be removed Contractor Price Proprosal Details - CSI 3 of 7  CSI Number Mod UOM Description LineTotal 09 - Finishes 21 09 65 13 33-0005 SF Removal Of Glue From Concrete FloorFor removal of glue from $3,128.57 VCT or carpet placement. Not to be used in conjunction with demolition tasks associated with floor tile installation. Qty Unit Price Factor Total Installation 1,944.00 X $1.49 X 1.0801 $3,128.57 0 Contractor Notes: 2 passes to remove existing glue to prep floor for new carpet 22 09 68 13 00-0019 SY 18 Ounce, Patterned, Nylon Carpet Tile $5,357.77 Qty Unit Price Factor Total Installation 108.000 X $45.93 X 1.0801 $5,357.77 Contractor Notes: 24"x24" carpet tile 23 09 68 16 00-0051 SY 22 Ounce, Medium Traffic, Non-Patterned, Nylon Broadloom $3,421.37 Carpet Qty Unit Price Factor Total Installation 0.000 X $53.40 X 1.0801 $0.00 Demolition 108.000 X 29.33 X 1.0801 $3,421.37 Contractor Notes: Demo existing carpet 24 09 91 23 00-0063 SF 1 Coat Primer, Brush Work, Paint Interior Plaster/Drywall Walls $2,561.13 Qty Unit Price Factor Total Installation 2,080.00 X $1.14 X 1.0801 $2,561.13 0 Contractor Notes: Line item to perform the SOW for this project 12*4+14*4+20*2+32*2 25 09 91 23 00-0065 SF 2 Coats Paint, Brush Work, Paint Interior Plaster/Drywall Walls $4,942.54 Qty Unit Price Factor Total Installation 2,080.00 X $2.20 X 1.0801 $4,942.54 0 Contractor Notes: Line item to perform the SOW for this project 12*4+14*4+20*2+32*2 26 09 91 23 00-0252 LF 1 Coat Primer, Brush/Roller Work, Paint Interior Metal Door Frame $80.98 And Trim Qty Unit Price Factor Total Installation 51.000 X $1.47 X 1.0801 $80.98 Contractor Notes: Line item to perform the SOW for this project 3*(7+3+7) 27 09 91 23 00-0254 LF 2 Coats Paint, Brush/Roller Work, Paint Interior Metal Door Frame $175.72 And Trim Qty Unit Price Factor Total Installation 51.000 X $3.19 X 1.0801 $175.72 Contractor Notes: Line item to perform the SOW for this project 3*(7+7+3) Subtotal for 09 - Finishes: $27,668.50 Contractor Price Proprosal Details - CSI 4 of 7  CSI Number Mod UOM Description LineTotal 23 - Heating, Ventilating, And Air-Conditioning (HVAC) 28 23 09 23 53-0006 HR EMCS System Software Programming And Graphics Programming $1,605.20 Qty Unit Price Factor Total Installation 8.000 X $185.77 X 1.0801 $1,605.20 Contractor Notes: to program card reader Subtotal for 23 - Heating, Ventilating, And Air-Conditioning (HVAC): $1,605.20 26 - Electrical 29 26 01 20 91-0002 EA Lock Out/Tag Out Local DisconnectExcludes tag or padlock See $45.15 CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag (s). Qty Unit Price Factor Total Installation 1.000 X $41.80 X 1.0801 $45.15 Contractor Notes: line item to safely perform electrical SOW 30 26 01 20 91-0004 EA Lock Out Padlock DeviceIncludes the installation and removal of $12.54 pad lock when required Qty Unit Price Factor Total Installation 1.000 X $11.61 X 1.0801 $12.54 Contractor Notes: padlock for lockout 31 26 01 20 91-0005 EA Lock Out TagsIncludes filling out tag information, installation and $5.27 removal of identifying tags. Qty Unit Price Factor Total Installation 1.000 X $4.88 X 1.0801 $5.27 Contractor Notes: tag for lock out 32 26 01 20 91-0008 EA Lighting, Existing Circuit Tracing Per Circuit $26.08 Qty Unit Price Factor Total Installation 1.000 X $24.15 X 1.0801 $26.08 Contractor Notes: Electrical will tie into existing, so will have to trace it to find existing electrical 33 26 05 19 13-0010 EA Dual, Direct Connected, Receptacle With Box $504.54 Qty Unit Price Factor Total Installation 2.000 X $233.56 X 1.0801 $504.54 Contractor Notes: One for the fridge and one for the network closet in room as discussed on the walk as requested by joey after the walk on 3/5 34 26 05 29 00-0167 EA 1/2", One Hole Steel Conduit Strap $68.86 Qty Unit Price Factor Total Installation 15.000 X $4.25 X 1.0801 $68.86 Contractor Notes: Straps for conduit run 35 26 05 29 00-0167 0376 MOD For Work In Restricted Working Space, Add $17.98 Qty Unit Price Factor Total Installation 15.000 X $1.11 X 1.0801 $17.98 Contractor Notes: For work in tight space above ceiling tile Contractor Price Proprosal Details - CSI 5 of 7  CSI Number Mod UOM Description LineTotal 26 - Electrical 36 26 05 29 00-0228 EA 1/2", Conduit Hanger From Flange, Wire Or Rod $57.19 Qty Unit Price Factor Total Installation 15.000 X $3.53 X 1.0801 $57.19 Contractor Notes: Hangers for conduit run 37 26 05 33 13-0004 CLF 1/2" Electrical Metallic Tubing (EMT) Conduit Assembly With 3 #12 $2,142.27 Copper THHN And 1 #12 Copper Insulated Grounding ConductorIncludes conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available. Qty Unit Price Factor Total Installation 2.000 X $991.70 X 1.0801 $2,142.27 Contractor Notes: new electric for receptacles after walking with joey on 3/5 the route was clarified ands is further than discussed on intiall walk 38 26 05 33 13-0004 0164 MOD For Work In Restricted Working Space, Add $520.44 Qty Unit Price Factor Total Installation 2.000 X $240.92 X 1.0801 $520.44 Contractor Notes: For install in tight space above ceiling tile 39 26 27 26 00-0007 EA 20 Amperes, 2 Gang, NEMA 5-20, Duplex Receptacle Assembly $436.05 Qty Unit Price Factor Total Installation 3.000 X $134.57 X 1.0801 $436.05 Contractor Notes: Receptacles for office furniture 40 26 27 26 00-0133 EA TV Receptacle With Cover (Type F), Complete $242.83 Qty Unit Price Factor Total Installation 3.000 X $74.94 X 1.0801 $242.83 Contractor Notes: Receptacles for Monitors Subtotal for 26 - Electrical: $4,079.20 27 - Communications 41 27 15 13 00-0109 MLF 2 Pair #18 AWG, Solid, Shielded, Non-Plenum Rated, Low Voltage, $2,118.95 Alarm And Communications Cable, Installed Exposed Qty Unit Price Factor Total Installation 0.700 X $2,802.59 X 1.0801 $2,118.95 Contractor Notes: Shielded cable for the door strike in ceiling above tile. from electrical room to door 42 27 15 13 00-0109 0031 MOD For Work In Restricted Working Space, Add $564.41 Qty Unit Price Factor Total Installation 0.700 X $746.51 X 1.0801 $564.41 Contractor Notes: For pulling cable above the ceiling tile 43 27 15 13 00-0138 MLF 6 Pair #22 AWG, Solid, Shielded, Non-Plenum Rated, Low Voltage, $2,064.94 Alarm And Communications Cable, Installed Exposed Qty Unit Price Factor Total Installation 0.700 X $2,731.15 X 1.0801 $2,064.94 Contractor Notes: Shielded cable installed for card reader in ceiling above tile. from electrical room to door Contractor Price Proprosal Details - CSI 6 of 7  CSI Number Mod UOM Description LineTotal 27 - Communications 44 27 15 13 00-0138 0031 MOD For Work In Restricted Working Space, Add $559.13 Qty Unit Price Factor Total Installation 0.700 X $739.52 X 1.0801 $559.13 Contractor Notes: For pulling cable above ceiling tile Subtotal for 27 - Communications: $5,307.43 28 - Electronic Safety And Security 45 28 16 11 00-0099 EA Up To 5" Read Range, 5-16 Volt DC, HID Proximity Card Reader, $776.72 Wiegand Output Access Controls (HID MiniProx)For mullion mounting. (HID P/N 5365). Qty Unit Price Factor Total Installation 1.000 X $719.12 X 1.0801 $776.72 Contractor Notes: Card Reader for storage room down the hall 46 28 16 11 00-0146 EA Door Strike Relay (Altronix RBSN-TTL) $86.06 Qty Unit Price Factor Total Installation 1.000 X $79.68 X 1.0801 $86.06 Contractor Notes: Expansion board for card reader 47 28 16 11 00-0188 EA Intelligent Controller With Paired Reader Interface for One Physical $1,544.65 Barrier (Mercury Security EP-1501) Qty Unit Price Factor Total Installation 1.000 X $1,430.10 X 1.0801 $1,544.65 Contractor Notes: Interface module for card reader. Per Convergint and electrician this is need for the SOW Subtotal for 28 - Electronic Safety And Security: $2,407.43 0 Grand Total: $48,393.20 This work order proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding of the line totals and sub-totals. The Percent of NPP on this Proposal: 0.00 Contractor Price Proprosal Details - CSI 7 of 7  ATTACHMENT B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These General Conditions are based upon the EJCDC No. 1910-8 (1996 Edition) and have been modified by the City of Elgin Illinois. 00-700-1  Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00-700-2  TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................................................................................................... 6 1.01 Defined Terms .................................................................................................................................................................. 6 1.02 Terminology ..................................................................................................................................................................... 8 ARTICLE 2 - PRELIMINARY MATTERS........................................................................................................................................ 9 2.01 Delivery of Bonds ............................................................................................................................................................. 9 2.02 Copies of Documents ....................................................................................................................................................... 9 2.03 Commencement of Contract Times; Notice to Proceed .................................................................................................. 9 2.04 Starting the Work ............................................................................................................................................................. 9 2.05 Before Starting Construction ........................................................................................................................................... 9 2.06 Preconstruction Conference ............................................................................................................................................ 9 2.07 Initial Acceptance of Schedules ..................................................................................................................................... 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................................ 10 3.01 Intent ............................................................................................................................................................................... 10 3.02 Reference Standards ...................................................................................................................................................... 10 3.03 Reporting and Resolving Discrepancies ....................................................................................................................... 10 3.04 Amending and Supplementing Contract Documents.................................................................................................... 10 3.05 Reuse of Documents ....................................................................................................................................................... 10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...... 11 4.01 Availability of Lands ...................................................................................................................................................... 11 4.02 Subsurface and Physical Conditions............................................................................................................................. 11 4.03 Differing Subsurface or Physical Conditions .............................................................................................................. 11 4.04 Underground Facilities.................................................................................................................................................. 12 4.05 Reference Points ............................................................................................................................................................. 12 4.06 Hazardous Environmental Condition at Site ................................................................................................................ 13 ARTICLE 5 - BONDS AND INSURANCE ..................................................................................................................................... 13 5.01 Performance, Payment, and Other Bonds .................................................................................................................... 13 5.02 Licensed Sureties and Insurers...................................................................................................................................... 14 5.03 Certificates of Insurance................................................................................................................................................ 14 5.04 CONTRACTOR'S Liability Insurance ........................................................................................................................... 14 5.05 Contractor's Property Insurance…. ……………………………………………………………………………….15 5.06 Waiver of Rights ............................................................................................................................................................. 15 5.07 Acceptance of Bonds and Insurance; Option to Replace ............................................................................................. 15 5.08 Partial Utilization, Acknowledgment of Property Insurer............................................................................................ 16 ARTICLE 6 - CONTRACTORS RESPONSIBILITIES................................................................................................................... 16 6.01 Supervision and Superintendence ................................................................................................................................. 16 6.02 Labor; Working Hours .................................................................................................................................................. 16 6.03 Services, Materials, and Equipment .............................................................................................................................. 16 6.04 Progress Schedule .......................................................................................................................................................... 16 6.05 Substitutes and Or-Equals ............................................................................................................................................. 17 6.06 Concerning Subcontractors, Suppliers, and Others..................................................................................................... 18 6.07 Patent Fees and Royalties .............................................................................................................................................. 18 6.08 Permits ............................................................................................................................................................................ 19 6.09 Laws and Regulations .................................................................................................................................................... 19 6.10 Taxes ............................................................................................................................................................................... 19 6.11 Use of Site and Other Areas .......................................................................................................................................... 19 6.12 Record Documents ......................................................................................................................................................... 20 6.13 Safety and Protection ..................................................................................................................................................... 20 6.14 Safety Representative ..................................................................................................................................................... 20 6.15 Hazard Communication Programs ............................................................................................................................... 20 00-700-3  6.16 Emergencies ................................................................................................................................................................... 20 6.17 Shop Drawings and Samples ......................................................................................................................................... 20 6.18 Continuing the Work ...................................................................................................................................................... 22 6.19 CONTRACTORs General Warranty and Guarantee.................................................................................................... 22 6.20 Indemnification .............................................................................................................................................................. 22 ARTICLE 7 - OTHER WORK .......................................................................................................................................................... 23 7.01 Related Work at Site ....................................................................................................................................................... 23 7.02 Coordination .................................................................................................................................................................. 23 ARTICLE 8 - OWNERS RESPONSIBILITIES ............................................................................................................................... 23 8.01 Communications to Contractor ..................................................................................................................................... 23 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ............................................................................................ 24 9.01 OWNERS Representative ............................................................................................................................................... 24 9.02 Visits to Site .................................................................................................................................................................... 24 9.03 Project Representative ................................................................................................................................................... 24 9.04 Clarifications and Interpretations ................................................................................................................................. 25 9.05 Authorized Variations in Work ...................................................................................................................................... 25 9.06 Rejecting Defective Work ............................................................................................................................................... 25 9.07 Determinations for Unit Price Work ............................................................................................................................. 25 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ........................................................ 25 9.09 Limitations on ENGINEERs Authority and Responsibilities........................................................................................ 25 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................................................................................................... 26 10.01 Authorized Changes in the Work .............................................................................................................................. 26 10.02 Unauthorized Changes in the Work ......................................................................................................................... 26 10.03 Execution of Change Orders .................................................................................................................................... 26 10.04 Notification to Surety ................................................................................................................................................ 26 10.05 Claims and Disputes ................................................................................................................................................. 26 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ............................................................. 27 11.01 Cost of the Work ........................................................................................................................................................ 27 11.02 Cash Allowances ....................................................................................................................................................... 28 11.03 Unit Price Work ......................................................................................................................................................... 29 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................................................... 29 12.01 Change of Contract Price ......................................................................................................................................... 29 12.02 Change of Contract Times ........................................................................................................................................ 30 12.03 Delays Beyond CONTRACTORs Control ................................................................................................................ 30 12.04 Delays Within CONTRACTORs Control .................................................................................................................. 30 12.05 Delays Beyond OWNERs and CONTRACTORs Control ........................................................................................ 30 12.06 Delay Damages ......................................................................................................................................................... 30 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK... 30 13.01 Notice of Defects ....................................................................................................................................................... 30 13.02 Access to Work .......................................................................................................................................................... 30 13.03 Tests and Inspections ................................................................................................................................................ 31 13.04 Uncovering Work ...................................................................................................................................................... 31 13.05 OWNER May Stop the Work ..................................................................................................................................... 31 13.06 Correction or Removal of Defective Work ............................................................................................................... 31 13.07 Correction Period ..................................................................................................................................................... 31 13.08 Acceptance of Defective Work .................................................................................................................................. 32 13.09 OWNER May Correct Defective Work ..................................................................................................................... 32 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ..................................................................................... 33 14.01 Schedule of Values .................................................................................................................................................... 33 14.02 Progress Payments .................................................................................................................................................... 33 14.03 CONTRACTORs Warranty of Title .......................................................................................................................... 34 14.04 Substantial Completion ............................................................................................................................................. 34 14.05 Partial Utilization...................................................................................................................................................... 35 00-700-4  14.06 Final Inspection......................................................................................................................................................... 35 14.07 Final Payment .......................................................................................................................................................... 35 14.08 Waiver of Claims ....................................................................................................................................................... 36 ARTICLE 15 - TERMINATION ....................................................................................................................................................... 36 15.01 OWNER May Terminate for Cause .......................................................................................................................... 36 15.02 OWNER May Terminate For Convenience .............................................................................................................. 36 ARTICLE 16 - DISPUTE RESOLUTION........................................................................................................................................ 37 16.01 Methods and Procedures .......................................................................................................................................... 37 ARTICLE 17 - MISCELLANEOUS ................................................................................................................................................. 37 17.01 Giving Notice ............................................................................................................................................................. 37 17.02 Computation of Times ............................................................................................................................................... 37 17.03 Cumulative Remedies ................................................................................................................................................ 37 17.04 Survival of Obligations ............................................................................................................................................. 37 17.05 Controlling Law ........................................................................................................................................................ 37 17.06 Professional Fees and Court Costs Included ........................................................................................................... 37 17.07 Prevailing Wage Rates .............................................................................................................................................. 37 00-700-5  GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the 1.01 Defined Terms terms of the Contract. A demand for money or services by a third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below shall have 11. Contract--The entire and integrated written the meanings indicated which are applicable to both the singular agreement between the OWNER and CONTRACTOR and plural thereof. concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written 1. Addenda--Written or graphic instruments issued or oral. prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include 2. Agreement--The written instrument which is the Agreement, Addenda (which pertain to the Contract evidence of the agreement between OWNER and Documents), CONTRACTOR’s Bid (including CONTRACTOR covering the Work. documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the 3. Application for Payment--The form acceptable to Notice to Proceed, the Bonds, Certificates of Insurance, these ENGINEER which is to be used by CONTRACTOR during General Conditions, the Supplementary Conditions, the the course of the Work in requesting progress or final Specifications and the Drawings as the same are more payments and which is to be accompanied by such specifically identified in the Agreement, together with all supporting documentation as is required by the Contract Written Amendments, Change Orders, Work Change Documents. Directives, Field Orders, and ENGINEER’s written interpretations and clarifications issued on or after the 4. Asbestos--Any material that contains more than one Effective Date of the Agreement. Approved Shop Drawings percent asbestos and is friable or is releasing asbestos fibers and the reports and drawings of subsurface and physical into the air above current action levels established by the conditions are not Contract Documents. Only printed or hard United States Occupational Safety and Health copies of the items listed in this paragraph are Contract Administration. Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to 5. Bid--The offer or proposal of a bidder submitted on CONTRACTOR are not Contract Documents. the prescribed form setting forth the prices for the Work to be performed. 13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 6. Bidding Documents--The Bidding Requirements accordance with the Contract Documents as stated in the and the proposed Contract Documents (including all Agreement (subject to the provisions of paragraph 11.03 in Addenda issued prior to receipt of Bids). the case of Unit Price Work). 7. Bidding Requirements--The Advertisement or 14. Contract Times--The number of days or the dates Invitation to Bid, Instructions to Bidders, Bid security form, stated in the Agreement to: (i) achieve Substantial if any, and the Bid form with any supplements. Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER’s written 8. Bonds--Performance and payment bonds and other recommendation of final payment. instruments of security. 15. CONTRACTOR--The individual or entity with 9. Change Order--a change in a contract term other whom OWNER has entered into the Agreement. than as specifically provided in the contract which authorizes or necessitates any increase or decrease in the cost of the 16. Cost of the Work--See paragraph 11.01.A for contract or the time of completion by thirty (30) days or definition. more. 17. Drawings or Plans--That part of the Contract Documents prepared or approved by ENGINEER which 00-700-6 graphically shows the scope, extent, and character of the Contract Times shall commence to run and on which Work to be performed by CONTRACTOR. Shop Drawings CONTRACTOR shall start to perform the Work under the and other CONTRACTOR submittals are not Drawings as Contract Documents. so defined. 30. OWNER--The City of Elgin 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, 31. Partial Utilization--Use by OWNER of a but if no such date is indicated, it means the date on which substantially completed part of the Work for the purpose for the Agreement is signed and delivered by the last of the two which it is intended (or a related purpose) prior to parties to sign and deliver. Substantial Completion of all the Work. 19. ENGINEER--The individual or entity named as 32. PCBs--Polychlorinated biphenyls. such in the Agreement. 33. Petroleum--Petroleum, including crude oil or any 20. ENGINEER's Consultant--An individual or entity fraction thereof which is liquid at standard conditions of having a contract with ENGINEER to furnish services as temperature and pressure (60 degrees Fahrenheit and 14.7 ENGINEER’s independent professional associate or pounds per square inch absolute), such as oil, petroleum, fuel consultant with respect to the Project and who is identified as oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed such in the Supplementary Conditions. with other non-Hazardous Waste and crude oils. 21. Field Order--A written order issued by ENGINEER 34. Project--The total construction of which the Work which requires minor changes in the Work but which does to be performed under the Contract Documents may be the not involve a change in the Contract Price or the Contract whole, or a part, as may be indicated elsewhere in the Times. Contract Documents. 22. General Requirements--Sections of Division 1 of 35. Project Manual--The bound documentary the Specifications. The General Requirements pertain to all information prepared for bidding and constructing the Work. sections of the Specifications. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) 23. Hazardous Environmental Condition--The of contents. presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities 36. Radioactive Material--Source, special nuclear, or or circumstances that may present a substantial danger to byproduct material as defined by the Atomic Energy Act of persons or property exposed thereto in connection with the 1954 (42 USC Section 2011 et seq.) as amended from time Work. to time. 24. Hazardous Waste--The term Hazardous Waste shall 37. Resident Project Representative--The authorized have the meaning provided in Section 1004 of the Solid representative of ENGINEER who may be assigned to the Waste Disposal Act (42 USC Section 6903) as amended Site or any part thereof. from time to time. 38. Samples--Physical examples of materials, 25. Laws and Regulations; Laws or Regulations--Any equipment, or workmanship that are representative of some and all applicable laws, rules, regulations, ordinances, codes, portion of the Work and which establish the standards by and orders of any and all governmental bodies, agencies, which such portion of the Work shall be judged. authorities, and courts having jurisdiction. 39. Shop Drawings--All drawings, diagrams, 26. Liens--Charges, security interests, or encumbrances illustrations, schedules, and other data or information which upon Project funds, real property, or personal property. are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to 27. Milestone--A principal event specified in the illustrate some portion of the Work. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 40. Site--Lands or areas indicated in the Contract 28. Reserved Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and 29. Notice to Proceed--A written notice given by easements for access thereto, and such other lands furnished OWNER to CONTRACTOR fixing the date on which the 00-700-7 by OWNER which are designated for the use of 49. Work Change Directive--A written statement to CONTRACTOR. CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER ordering an addition, 41. Specifications--That part of the Contract deletion, or revision in the Work, or responding to differing Documents consisting of written technical descriptions of or unforeseen subsurface or physical conditions under which materials, equipment, systems, standards, and workmanship the Work is to be performed or to emergencies. A Work as applied to the Work and certain administrative details Change Directive shall not change the Contract Price or the applicable thereto. Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change 42. Subcontractor--An individual or entity having a Directive shall be incorporated in a subsequently issued direct contract with CONTRACTOR or with any other Change Order following negotiations by the parties as to its Subcontractor for the performance of a part of the Work at effect, if any, on the Contract Price or Contract Times. the Site. 50. Written Amendment--A written statement modifying 43. Substantial Completion--The time at which the the Contract Documents, signed by OWNER and Work (or a specified part thereof) has progressed to the point CONTRACTOR on or after the Effective Date of the where, in the opinion of ENGINEER, the Work (or a Agreement and normally dealing with the non-engineering or specified part thereof) is sufficiently complete, in accordance nontechnical rather than strictly construction-related aspects with the Contract Documents, so that the Work (or a of the Contract Documents. specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and 1.02 Terminology “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44. Supplementary Conditions--That part of the 1. Whenever in the Contract Documents the terms “as Contract Documents which amends or supplements these allowed,” “as approved,” or terms of like effect or import are General Conditions. used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like 45. Supplier--A manufacturer, fabricator, supplier, effect or import are used to describe an action or distributor, materialman, or vendor having a direct contract determination of ENGINEER as to the Work, it is intended with CONTRACTOR or with any Subcontractor to furnish that such action or determination shall be solely to evaluate, materials or equipment to be incorporated in the Work by in general, the completed Work for compliance with the CONTRACTOR or any Subcontractor. requirements of and information in the Contract Documents and conformance with the design concept of the completed 46. Underground Facilities--All underground Project as a functioning whole as shown or indicated in the pipelines, conduits, ducts, cables, wires, manholes, vaults, Contract Documents (unless there is a specific statement tanks, tunnels, or other such facilities or attachments, and any indicating otherwise). The use of any such term or adjective encasements containing such facilities, including those that shall not be effective to assign to ENGINEER any duty or convey electricity, gases, steam, liquid petroleum products, authority to supervise or direct the performance of the Work telephone or other communications, cable television, water, or any duty or authority to undertake responsibility contrary wastewater, storm water, other liquids or chemicals, or traffic to the provisions of paragraph 9.10 or any other provision of or other control systems. the Contract Documents. 47. Unit Price Work--Work to be paid for on the basis B. Day of unit prices. 1. The word “day” shall constitute a calendar day of 24 48. Work--The entire completed construction or the hours measured from midnight to the next midnight. various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, C. Defective and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the 1. The word “defective,” when modifying the word Contract Documents. “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any 00-700-8  inspection, reference standard, test, or approval referred to in Proceed. A Notice to Proceed may be given at any time within the Contract Documents, or has been damaged prior to 30 days after the Effective Date of the Agreement. ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by 2.04 Starting the Work OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall D. Furnish, Install, Perform, Provide be done at the Site prior to the date on which the Contract Times commence to run. 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and 2.05 Before Starting Construction deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation A. CONTRACTOR’s Review of Contract Documents: and in usable or operable condition. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and 2. The word “install,” when used in connection with check and verify pertinent figures therein and all applicable field services, materials, or equipment, shall mean to put into use measurements. CONTRACTOR shall promptly report in or place in final position said services, materials, or writing to ENGINEER any conflict, error, ambiguity, or equipment complete and ready for intended use. discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER 3. The words “perform” or “provide,” when used in before proceeding with any Work affected thereby; however, connection with services, materials, or equipment, shall CONTRACTOR shall not be liable to OWNER or ENGINEER mean to furnish and install said services, materials, or for failure to report any conflict, error, ambiguity, or discrepancy equipment complete and ready for intended use. in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or B. Preliminary Schedules: Within ten days after the equipment in a context clearly requiring an obligation of Effective Date of the Agreement (unless otherwise specified in CONTRACTOR, “provide” is implied. the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or 1. a preliminary progress schedule indicating the times construction industry or trade meaning are used in the Contract (numbers of days or dates) for starting and completing the Documents in accordance with such recognized meaning. various stages of the Work, including any Milestones specified in the Contract Documents; ARTICLE 2 - PRELIMINARY MATTERS 2. a preliminary schedule of Shop Drawing and Sample submittals which shall list each required submittal 2.01 Delivery of Bonds and the times for submitting, reviewing, and processing such submittal; and A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to 3. a preliminary schedule of values for all of the Work OWNER such Bonds and certificates of insurance as which includes quantities and prices of items which when CONTRACTOR may be required to furnish. added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the 2.02 Copies of Documents basis for progress payments during performance of the Work. Such prices shall include an appropriate amount of overhead A. OWNER shall furnish to CONTRACTOR up to ten and profit applicable to each item of Work. copies of the Contract Documents. Additional copies shall be 2.06 Preconstruction Conference furnished upon request at the cost of reproduction. A. Within 10 days after the date of delivery of the Project 2.03 Commencement of Contract Times; Notice to Proceed Schedules referenced herein but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, A. The Contract Times shall commence to run on the the OWNER and others as appropriate shall be held to establish thirtieth day after the Effective Date of the Agreement or, if a a working understanding among the parties as to the Work and to Notice to Proceed is given, on the day indicated in the Notice to discuss the schedules referred to in paragraph 2.05.B, 00-700-9 procedures for handling Shop Drawings and other submittals, 1. If, during the performance of the Work, processing Applications for Payment, and maintaining required CONTRACTOR discovers any conflict, error, ambiguity, or records. discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or 2.07 Initial Acceptance of Schedules: reserved Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, to ENGINEER in writing within three business days. AMENDING, REUSE CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract 3.01 Intent Documents has been issued by OWNER or ENGINEER as provided for herein. A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. Resolving Discrepancies B. Any applicable labor, documentation, services, 1. Except as may be otherwise specifically stated in the materials, or equipment that may reasonably be inferred from the Contract Documents, the provisions of the Contract Contract Documents or from prevailing custom or trade usage as Documents shall take precedence in resolving any conflict, being required to produce the intended result shall be provided error, ambiguity, or discrepancy between the provisions of whether or not specifically called for at no additional cost to the Contract Documents and: OWNER. a. the provisions of any standard, specification, C. Clarifications and interpretations of the Contract manual, code, or instruction (whether or not specifically Documents shall be issued by ENGINEER as provided in incorporated by reference in the Contract Documents); Article 9. provided however, that any conflict between the provisions of the Contract Documents and any Laws or 3.02 Reference Standards Regulations applicable to the performance of the Work shall be resolved in favor of the Laws or Regulations. A. Standards, Specifications, Codes, Laws, and Regulations 3.04 Amending and Supplementing Contract Documents 1. Reference to standards, specifications, manuals, or A. The Contract Documents may be amended to provide for codes of any technical society, organization, or association, additions, deletions, and revisions in the Work or to modify the or to Laws or Regulations, whether such reference be terms and conditions thereof in one or more of the following specific or by implication, shall mean the standard, ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a specification, manual, code, or Laws or Regulations in effect Work Change Directive. at the time of opening of Bids, except as may be otherwise specifically stated in the Contract Documents. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work 2. No provision of any such standard, specification, may be authorized, by one or more of the following ways: (i) a manual or code, or any instruction of a Supplier shall be Field Order; (ii) ENGINEER’s approval of a Shop Drawing or effective to change the duties or responsibilities of OWNER, Sample; or (iii) ENGINEER’s written interpretation or CONTRACTOR, or ENGINEER, or any of their clarification. subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such 3.05 Reuse of Documents provision or instruction be effective to assign to OWNER, A. CONTRACTOR and any Subcontractor or Supplier or ENGINEER, or any of ENGINEER’s Consultants, agents, or other individual or entity performing or furnishing any of the employees any duty or authority to supervise or direct the Work: (i) shall not have or acquire any title to or ownership performance of the Work or any duty or authority to rights in any of the Drawings, Specifications, or other documents undertake responsibility inconsistent with the provisions of (or copies of any thereof) prepared by or bearing the seal of the Contract Documents. ENGINEER or ENGINEER’s Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, 3.03 Reporting and Resolving Discrepancies Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of A. Reporting Discrepancies OWNER and ENGINEER and specific written ratification by 00-700-10 ENGINEER. This prohibition shall survive final payment, 2. other data, interpretations, opinions, and completion, and acceptance of the Work, or termination or information contained in such reports or shown or indicated completion of the Contract. Nothing herein shall preclude in such drawings; or CONTRACTOR from retaining copies of the Contract Documents for record purposes. 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface 4.01 Availability of Lands or physical condition at or contiguous to the Site that is uncovered or revealed either: A. OWNER shall furnish reasonable access to the Site. OWNER shall notify CONTRACTOR of any encumbrances or 1. is of such a nature as to establish that any “technical restrictions not of general application but specifically related to data” on which CONTRACTOR is entitled to rely as use of the Site with which CONTRACTOR must comply in provided in paragraph 4.02 is materially inaccurate; or performing the Work. OWNER shall obtain in a timely manner and pay for easements for permanent structures or permanent 2. is of such a nature as to require a change in the changes in existing facilities. Contract Documents; or B. CONTRACTOR shall provide for all additional lands 3. differs materially from that shown or indicated in the and access thereto that may be required for temporary Contract Documents; or construction facilities or storage of materials and equipment. 4. is of an unusual nature, and differs materially from 4.02 Subsurface and Physical Conditions conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the A. Reports and Drawings: The Supplementary Conditions Contract Documents; identify: then CONTRACTOR shall, promptly after becoming aware 1. those reports of explorations and tests of subsurface thereof and before further disturbing the subsurface or physical conditions at or contiguous to the Site that ENGINEER has conditions or performing any Work in connection therewith used in preparing the Contract Documents; and (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such 2. those drawings of physical conditions in or relating condition. CONTRACTOR shall not further disturb such to existing surface or subsurface structures at or contiguous condition or perform any Work in connection therewith (except to the Site (except Underground Facilities) that ENGINEER as aforesaid) until receipt of written order to do so. has used in preparing the Contract Documents. B. ENGINEER’s Review: After receipt of written notice as B. Limited Reliance by CONTRACTOR on Technical Data required by paragraph 4.03.A, ENGINEER shall promptly Authorized: CONTRACTOR may rely upon the general review the pertinent condition, determine the necessity of accuracy of the “technical data” contained in such reports and OWNER's obtaining additional exploration or tests with respect drawings, but such reports and drawings are not Contract thereto, and advise OWNER in writing (with a copy to Documents. Such “technical data” is identified in the CONTRACTOR) of ENGINEER’s findings and conclusions. Supplementary Conditions. Except for such reliance on such “technical data,” CONTRACTOR may not rely upon or make C. Possible Price and Times Adjustments any Claim against OWNER, ENGINEER, or any of ENGINEER’s Consultants with respect to: 1. The Contract Price or the Contract Times, or both, shall be equitably adjusted, in the form of a Change Order, to 1. the completeness of such reports and drawings for the extent that the existence of such differing subsurface or CONTRACTOR’s purposes, including, but not limited to, physical condition causes an increase or decrease in any aspects of the means, methods, techniques, sequences, CONTRACTOR’s cost of, or time required for, performance and procedures of construction to be employed by of the Work; subject, however, to the following: CONTRACTOR, and safety precautions and programs incident thereto; or a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and 00-700-11  2. the cost of all of the following shall be included in b. with respect to Work that is paid for on a Unit the Contract Price, and CONTRACTOR shall have full Price Basis, any adjustment in Contract Price shall be responsibility for: subject to the provisions of paragraphs 9.08 and 11.03. a. reviewing and checking all such information 2. CONTRACTOR shall not be entitled to any and data, adjustment in the Contract Price or Contract Times if: b. locating all Underground Facilities shown or a. CONTRACTOR knew of the existence of such indicated in the Contract Documents, conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price c. coordination of the Work with the owners of and Contract Times by the submission of a Bid or such Underground Facilities, including OWNER, during becoming bound under a negotiated contract; or construction, and b. the existence of such condition could d. the safety and protection of all such reasonably have been discovered or revealed as a result Underground Facilities and repairing any damage of any examination, investigation, exploration, test, or thereto resulting from the Work. study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be B. Not Shown or Indicated conducted by or for CONTRACTOR prior to 1. If an Underground Facility is uncovered or revealed CONTRACTOR's making such final commitment; or at or contiguous to the Site which was not shown or indicated, or not shown or indicated with c. CONTRACTOR failed to give the written reasonable accuracy in the Contract Documents, notice promptly and as required by paragraph 4.03.A. CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing d. CONTRACTOR represents he has made a conditions affected thereby or performing any Work reasonable inspection of the construction site and hereby in connection therewith (except in an emergency as voluntarily waives the incorporation of the provisions of required by paragraph 6.16.A), identify the owner 30 ILCS 557/1 et seq. and represents that the negotiated of such Underground Facility and give written contract price is the sole consideration for the notice to that owner and to OWNER and construction of the improvement described in this ENGINEER. ENGINEER shall promptly review contract. Further, OWNER shall not be liable to the Underground Facility and determine the extent, CONTRACTOR for any amount of money over the if any, to which a change is required in the Contract negotiated contract price. Documents to reflect and document the 3. OWNER, ENGINEER, and ENGINEER’s consequences of the existence or location of the Consultants shall not be liable to CONTRACTOR for any Underground Facility. During such time, claims, costs, losses, or damages (including but not limited to CONTRACTOR shall be responsible for the safety all fees and charges of engineers, architects, attorneys, and and protection of such Underground Facility. other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or 2. If ENGINEER concludes that a change in the in connection with any other project or anticipated project. Contract Documents is required, a Work Change Directive or a Change Order may be issued at 4.04 Underground Facilities OWNER’S discretion to reflect and document such consequences. A. Shown or Indicated: Any information and data shown or indicated in the Contract Documents with respect to existing C. The provisions of paragraphs 4.02, 4.03, and 4.04 shall not Underground Facilities at or contiguous to the Site is based on apply to a Hazardous Environmental Condition uncovered or information and data furnished to OWNER or ENGINEER by revealed at the Site. the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the 4.05 Reference Points Supplementary Conditions: A. OWNER shall provide land surveys necessary to 1. OWNER and ENGINEER shall not be responsible establish right of way, easements and property lines. for the accuracy or completeness of any such information or ENGINEER shall provide base lines, benchmarks and reference data; and points which in ENGINEER’S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR 00-700-12 shall provide all stakes, markers, labor and assistance required D. If CONTRACTOR encounters a Hazardous by ENGINEER. CONTRACTOR shall be responsible for Environmental Condition or if CONTRACTOR or anyone for laying out the Work, shall protect and preserve the established whom the CONTRACTOR is responsible creates a Hazardous reference points and property monuments, and shall make no Environmental Condition, CONTRACTOR shall immediately: changes or relocations without the prior written approval of (i) secure or otherwise isolate such condition; (ii) stop all Work OWNER. CONTRACTOR shall report to ENGINEER in connection with such condition and in any area affected whenever any reference point or property monument is lost or thereby (except in an emergency as required by paragraph 6.16); destroyed or requires relocation because of necessary changes in and (iii) notify OWNER and ENGINEER (and promptly grades or locations, and shall be responsible and pay for the thereafter confirm such notice in writing (and promptly thereafter accurate replacement or relocation of such reference points or confirm such notice in writing). OWNER shall promptly consult property monuments by professionally qualified personnel. with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective 4.06 Hazardous Environmental Condition at Site action if any. A. Reports and Drawings: Reference is made to the E. CONTRACTOR shall not be required to resume Work Supplementary Conditions for the identification of those reports in connection with such condition or in any affected area until and drawings relating to a Hazardous Environmental Condition after OWNER has obtained any required permits related thereto identified at the Site, if any, that have been utilized by the and delivered to CONTRACTOR written notice: (i) specifying ENGINEER in the preparation of the Contract Documents. that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special B. Limited Reliance by CONTRACTOR on Technical Data conditions under which such Work may be resumed safely. Authorized: CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and F. If after receipt of such written notice CONTRACTOR drawings, but such reports and drawings are not Contract does not agree to resume such Work or does not agree to resume Documents. Such “technical data” is identified in the such Work under such special conditions, then OWNER may Supplementary Conditions. Except for such reliance on such order the portion of the Work that is in the area affected by such “technical data,” CONTRACTOR may not rely upon or make condition to be deleted from the Work. OWNER shall be any Claim against OWNER, ENGINEER or any of entitled to deduct the cost of such Work from the Contract Price. ENGINEER’s Consultants with respect to: G. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, 1. the completeness of such reports and drawings for ENGINEER, ENGINEER’s Consultants, and the officers, CONTRACTOR’s purposes, including, but not limited to, directors, partners, employees, agents, other consultants, and any aspects of the means, methods, techniques, sequences subcontractors of each and any of them from and against all and procedures of construction to be employed by claims, costs, losses, and damages (including but not limited to CONTRACTOR and safety precautions and programs all fees and charges of engineers, architects, attorneys, and other incident thereto; or professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous 2. other data, interpretations, opinions and information Environmental Condition created by CONTRACTOR or by contained in such reports or shown or indicated in such anyone for whom CONTRACTOR is responsible. Nothing in drawings; or this paragraph shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that 3. any CONTRACTOR interpretation of or conclusion individual’s or entity’s own negligence. drawn from any “technical data” or any such other data, interpretations, opinions or information. ARTICLE 5 - BONDS AND INSURANCE C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at 5.01 Performance, Payment, and Other Bonds the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be A. CONTRACTOR shall furnish performance and payment within the scope of the Work. CONTRACTOR shall be Bonds, each in an amount at least equal to the Contract Price as responsible for a Hazardous Environmental Condition created security for the faithful performance and payment of all with any materials brought to the Site by CONTRACTOR, CONTRACTOR’s obligations under the Contract Documents. Subcontractors, Suppliers, or anyone else for whom These Bonds shall remain in effect at least until one year after the CONTRACTOR is responsible. date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. 00-700-13  CONTRACTOR shall also furnish such other Bonds as are it is excess or pro rata, it shall be endorsed to be primary with required by the Contract Documents. respect to the City of Elgin. B. All Bonds shall be in the form prescribed by the C. The policies to be purchased and maintained shall be Contract Documents except as provided otherwise by Laws or furnished by insurers with A.M. Best Company rating of at least Regulations, and shall be executed by such sureties as are named A- (Excellent) and a financial size category of VIII or greater. in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as 5.04 CONTRACTOR’s Liability Insurance Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond A. CONTRACTOR shall purchase and maintain such Branch, U.S. Department of the Treasury or as may otherwise be liability and other insurance as is appropriate for the Work being acceptable to OWNER at OWNER’S discretion. All Bonds performed and as shall provide protection from claims set forth signed by an agent must be accompanied by a certified copy of below which may arise out of or result from CONTRACTOR’s such agent’s authority to act. performance of the Work and CONTRACTOR’s other obligations under the Contract Documents, whether it is to be C. If the surety on any Bond furnished by CONTRACTOR performed by CONTRACTOR, any Subcontractor or Supplier, is declared bankrupt or becomes insolvent or its right to do or by anyone directly or indirectly employed by any of them to business is terminated in any state where any part of the Project perform any of the Work, or by anyone for whose acts any of is located or it ceases to meet the requirements of paragraph them may be liable: 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply 1. claims under workers’ compensation, disability with the requirements of paragraphs 5.01.B and 5.02. benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR’s employees; 5.02 Licensed Sureties and Insurers 3. claims for damages because of bodily injury, A. All Bonds and insurance required by the Contract sickness or disease, or death of any person other than Documents to be purchased and maintained by OWNER or CONTRACTOR’s employees; CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the state of 4. claims for damages insured by reasonably available Illinois to issue Bonds or insurance policies for the limits and personal injury liability coverage which are sustained: (i) by coverages so required. Such surety and insurance companies any person as a result of an offense directly or indirectly shall also meet such additional requirements and qualifications related to the employment of such person by as may be provided in the Supplementary Conditions. CONTRACTOR, or (ii) by any other person for any other reason; 5.03 Certificates of Insurance 5. claims for damages, other than to the Work itself, A. CONTRACTOR shall deliver to OWNER, with copies because of injury to or destruction of tangible property to each additional insured identified in the Supplementary wherever located, including loss of use resulting therefrom; Conditions, certificates of insurance (and other evidence of and insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. 6. claims for damages because of bodily injury or OWNER shall deliver to CONTRACTOR, with copies to each death of any person or property damage arising out of the additional insured identified in the Supplementary Conditions, ownership, maintenance or use of any motor vehicle. certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) B. The policies of insurance so required by this paragraph which OWNER is required to purchase and maintain. 5.04 to be purchased and maintained shall: B. Such insurance shall apply as primary insurance with 1. with respect to insurance required by paragraphs respect to any other insurance or self-insurance program afforded 5.04.A.3 through 5.04.A.6 inclusive, include as additional to the City of Elgin. There shall be no endorsement or insureds (subject to any customary exclusion in respect of modification of such insurance to make it excess over other professional liability) OWNER, ENGINEER, ENGINEER's available insurance, and alternatively, if the insurance states that Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as 00-700-14  additional insureds, and include coverage for the respective include insurance for physical loss or damage to the officers, directors, partners, employees, agents, and other Work, temporary buildings, falsework, Work in transit consultants and subcontractors of each and any of all such including ocean transit, and Work in storage at each additional insureds, and the insurance afforded to these project site or at another location acceptable to Owner, additional insureds shall provide primary coverage for all and shall insure against at least the following perils: claims covered thereby; fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris 2. include at least the specific coverages and be removal, demolition occasioned by enforcement of Laws written for not less than the limits of liability provided in the and Regulations, water damage, flood, and damage Supplementary Conditions or required by Laws or caused by frost and freezing; Regulations, whichever is greater; 3. include expenses incurred in the repair or 3. include completed operations insurance; replacement of any insured property (including, but not limited to, fees and charges of engineers and architects); 4. include contractual liability insurance covering and CONTRACTOR’s indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 4. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, 5. contain a provision or endorsement that the Contractor, and Engineer, with 30 days' written notice coverage afforded shall not be canceled, materially changed to each other insured. or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the 5.06 Waiver of Rights Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished A. OWNER and CONTRACTOR intend that all policies by the CONTRACTOR pursuant to paragraph 5.03 shall so purchased in accordance with paragraph 5.05 shall protect provide); OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER’s Consultants, and all other individuals or entities 6. remain in effect at least until final payment and at all identified in the Supplementary Conditions to be listed as times thereafter when CONTRACTOR may be correcting, insureds or additional insureds (and the officers, directors, removing, or replacing defective Work in accordance with partners, employees, agents, and other consultants and paragraph 13.07; and subcontractors of each and any of them) in such policies and shall provide primary coverage for all losses and damages 7. with respect to completed operations insurance, and caused by the perils or causes of loss covered thereby. All such any insurance coverage written on a claims-made basis, policies shall contain provisions to the effect that in the event of remain in effect for at least two years after final payment (and payment of any loss or damage the insurers shall have no rights CONTRACTOR shall furnish OWNER and each other of recovery against any of the insureds or additional insureds additional insured identified in the Supplementary thereunder. OWNER and CONTRACTOR waive all rights Conditions, to whom a certificate of insurance has been against each other and their respective officers, directors, issued, evidence satisfactory to OWNER and any such partners, employees, agents, and other consultants and additional insured of continuation of such insurance at final subcontractors of each and any of them for all losses and payment and one year thereafter). damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other 5.05 Contractor’s Property Insurance property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, A. Contractor shall purchase and maintain property ENGINEER’s Consultants, and all other individuals or entities insurance coverage for the Work at each site in the amount of identified in the Supplementary Conditions to be listed as the full replacement cost thereof. This insurance shall: insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and 1. include the interests of Owner, Contractor, subcontractors of each and any of them) under such policies for Subcontractors, Engineer, and Engineer's Consultants, losses and damages so caused. None of the above waivers shall each of whom is deemed to have an insurable interest extend to the rights that any party making such waiver may have and shall be listed as a named insured; to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least 5.07 Acceptance of Bonds and Insurance; Option to Replace 00-700-15  B. At all times during the progress of the Work, A. If either OWNER or CONTRACTOR has any objection CONTRACTOR shall assign a competent resident to the coverage afforded by or other provisions of the Bonds or superintendent thereto who shall not be replaced without written insurance required to be purchased and maintained by the other notice to OWNER and ENGINEER. The superintendent shall party in accordance with Article 5 on the basis of be CONTRACTOR’s representative at the Site and shall have non-conformance with the Contract Documents, the objecting authority to act on behalf of CONTRACTOR. All party shall so notify the other party in writing within 10 days communications given to or received from the superintendent after receipt of the certificates (or other evidence requested) shall be binding on CONTRACTOR. required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in 6.02 Labor; Working Hours respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the A. CONTRACTOR shall provide competent, suitably Bonds and insurance required of such party by the Contract qualified personnel to survey, lay out, and construct the Work as Documents, such party shall notify the other party in writing of required by the Contract Documents. CONTRACTOR shall at such failure to purchase prior to the start of the Work, or of such all times maintain good discipline and order at the Site. failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party B. Except as otherwise required for the safety or protection may elect to obtain equivalent Bonds or insurance to protect such of persons or the Work or property at the Site or adjacent other party's interests at the expense of the party who was thereto, and except as otherwise stated in the Contract required to provide such coverage, and a Change Order shall be Documents, all Work at the Site shall be performed during issued to adjust the Contract Price accordingly. regular working hours, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, 5.8 Partial Utilization, Acknowledgment of Property or any legal holiday without OWNER’s written consent (which Insurer shall not be unreasonably withheld) given after prior written notice to ENGINEER or except as may otherwise by specifically A. If OWNER finds it necessary to occupy or use a portion provided by the Contract Documents. or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy 6.03 Services, Materials, and Equipment shall commence before the insurers providing the property insurance pursuant to paragraph 5.05 have acknowledged notice A. Unless otherwise specified in the General Requirements, thereof and in writing effected any changes in coverage CONTRACTOR shall provide and assume at necessitated thereby. The insurers providing the property CONTRACTOR’S cost, full responsibility for all services, insurance shall consent by endorsement on the policy or policies, materials, equipment, labor, transportation, construction but the property insurance shall not be canceled or permitted to equipment and machinery, tools, appliances, fuel, power, light, lapse on account of any such partial use or occupancy. heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality 6.01 Supervision and Superintendence and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for A. CONTRACTOR shall supervise, inspect, and direct the by the Specifications shall expressly run to the benefit of Work competently and efficiently, devoting such attention thereto OWNER. If required by ENGINEER, CONTRACTOR shall and applying such skills and expertise as may be necessary to furnish satisfactory evidence (including reports of required tests) perform the Work in accordance with the Contract Documents. as to the source, kind, and quality of materials and equipment. CONTRACTOR shall be solely responsible for the means, All materials and equipment shall be stored, applied, installed, methods, techniques, sequences, and procedures of construction, connected, erected, protected, used, cleaned, and conditioned in but CONTRACTOR shall not be responsible for the negligence accordance with instructions of the applicable Supplier, except of OWNER or ENGINEER in the design or specification of a as otherwise may be provided in the Contract Documents. specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly 6.04 Progress Schedule required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately A. CONTRACTOR shall adhere to the progress schedule with the Contract Documents. established in accordance with the Contract Documents as may be adjusted from time to time as provided below. 00-700-16  application, and available engineering, sales, maintenance, 1. CONTRACTOR shall submit to ENGINEER for repair, and replacement services shall be indicated. The acceptance (to the extent indicated in the Contract application shall also contain an itemized estimate of all Documents) any proposed adjustments in the progress costs or credits that shall result directly or indirectly from schedule that shall not result in changing the Contract Times use of such substitute item, including costs of redesign and (or Milestones). Such adjustments shall conform generally to claims of other contractors affected by any resulting change, the progress schedule then in effect and additionally shall all of which shall be considered by ENGINEER in comply with any provisions of the General Requirements evaluating the proposed substitute item. ENGINEER may applicable thereto. require CONTRACTOR to furnish additional data about the proposed substitute item. 2. Proposed adjustments in the progress schedule that shall change the Contract Times (or Milestones) shall be B. Substitute Construction Methods or Procedures: If a submitted in accordance with the requirements of Article 12. specific means, method, technique, sequence, or procedure of Such adjustments may only be made by a Change Order or construction is shown or indicated in and expressly required by Written Amendment in accordance with Article 12. the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of 6.05 Substitutes and “Or-Equals” construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in A. Whenever an item of material or equipment is specified ENGINEER’s sole discretion, to determine that the substitute or described in the Contract Documents by using the name of a proposed is equivalent to that expressly called for by the proprietary item or the name of a particular Supplier, the Contract Documents. The procedure for review by ENGINEER specification or description is intended to establish the type, shall be substantially similar to that provided in subparagraph function, appearance, and quality required. Unless the 6.05.A.2. specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no C. Engineer’s Evaluation: ENGINEER shall be allowed a substitution is permitted, other items of material or equipment or reasonable time within which to evaluate each proposal or material or equipment of other Suppliers may be submitted to submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER for review under the circumstances described ENGINEER shall be the sole judge of acceptability. No below. “or-equal” or substitute shall be ordered, installed or utilized until ENGINEER’s review is complete, which shall be 1. The procedure for review by ENGINEER for “or evidenced by either a Change Order for a substitute or an equal” or substitute items shall be as set forth in below, as approved Shop Drawing for an “or equal.” ENGINEER shall supplemented in the General Requirements and as advise CONTRACTOR in writing of any negative ENGINEER may decide is appropriate under the determination. circumstances. D. Special Guarantee: OWNER may require 2. CONTRACTOR shall first make written CONTRACTOR to furnish at CONTRACTOR’s expense a application to ENGINEER for review of a proposed special performance guarantee or other surety with respect to any substitute item of material or equipment that substitute. CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item shall perform E. ENGINEER’s Cost Reimbursement: ENGINEER shall adequately the functions and achieve the results called for record time required by ENGINEER and ENGINEER’s by the general design, be similar in substance to that Consultants in evaluating substitute proposed or submitted by specified, and be suited to the same use as that specified. CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B The application shall state the extent, if any, to which the and in making changes in the Contract Documents (or in the use of the proposed substitute item shall prejudice provisions of any other direct contract with OWNER for work on CONTRACTOR’s achievement of Substantial Completion the Project) occasioned thereby. Whether or not ENGINEER on time, whether or not use of the proposed substitute item approves a substitute item so proposed or submitted by in the Work shall require a change in any of the Contract CONTRACTOR, CONTRACTOR shall reimburse OWNER for Documents (or in the provisions of any other direct contract the charges of ENGINEER and ENGINEER’s Consultants for with OWNER for work on the Project) to adapt the design evaluating each such proposed substitute. to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in F. CONTRACTOR’s Expense: CONTRACTOR shall connection with the Work is subject to payment of any provide all data in support of any proposed substitute or license fee or royalty. All variations of the proposed “or-equal” at CONTRACTOR’s expense. substitute item from that specified shall be identified in the 00-700-17 6.06 Concerning Subcontractors, Suppliers, and Others Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract A. CONTRACTOR shall not employ any Subcontractor, with CONTRACTOR. Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially E. CONTRACTOR shall require all Subcontractors, or as a replacement, against whom OWNER may have Suppliers, and such other individuals or entities performing or reasonable objection. CONTRACTOR shall not be required to furnishing any of the Work to communicate with ENGINEER employ any Subcontractor, Supplier, or other individual or entity through CONTRACTOR. to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. Any person F. The divisions and sections of the Specifications and the employed by CONTRACTOR or Subcontractors who does not identifications of any Drawings shall not control perform his work in a proper and skillful manner, or who is CONTRACTOR in dividing the Work among Subcontractors or intemperate, disorderly, or otherwise objectionable, shall, at the Suppliers or delineating the Work to be performed by any written request of OWNER, be forthwith removed from the specific trade. project site and shall not be employed again in any portion of the Work without written consent of OWNER. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier shall be pursuant to an appropriate B. If the Supplementary Conditions require the identity of agreement between CONTRACTOR and the Subcontractor or certain Subcontractors, Suppliers, or other individuals or entities Supplier which specifically binds the Subcontractor or Supplier to be submitted to OWNER in advance for acceptance by to the applicable terms and conditions of the Contract OWNER by a specified date prior to the Effective Date of the Documents for the benefit of OWNER and ENGINEER. Agreement, and if CONTRACTOR has submitted a list thereof Whenever any such agreement is with a Subcontractor or in accordance with the Supplementary Conditions, OWNER’s Supplier who is listed as an additional insured on the property acceptance (either in writing or by failing to make written insurance provided in paragraph 5.05, the agreement between objection thereto by the date indicated for acceptance or the CONTRACTOR and the Subcontractor or Supplier shall objection in the Bidding Documents or the Contract Documents) contain provisions whereby the Subcontractor or Supplier of any such Subcontractor, Supplier, or other individual or entity waives all rights against OWNER, CONTRACTOR, so identified may be revoked on the basis of reasonable objection ENGINEER, ENGINEER’s Consultants, and all other after due investigation. CONTRACTOR shall submit an individuals or entities identified in the Supplementary Conditions acceptable replacement for the rejected Subcontractor, Supplier, to be listed as insureds or additional insureds (and the officers, or other individual or entity, and the Contract Price shall be directors, partners, employees, agents, and other consultants and adjusted by the difference in the cost occasioned by such subcontractors of each and any of them) for all losses and replacement, and an appropriate Change Order shall be issued or damages caused by, arising out of, relating to, or resulting from Written Amendment signed. No acceptance by OWNER of any any of the perils or causes of loss covered by such policies and such Subcontractor, Supplier, or other individual or entity, any other property insurance applicable to the Work. If the whether initially or as a replacement, shall constitute or be insurers on any such policies require separate waiver forms to be construed as a waiver of any right of OWNER or ENGINEER to signed by any Subcontractor or Supplier, CONTRACTOR shall reject defective Work. obtain the same. C. CONTRACTOR shall be fully responsible to OWNER 6.07 Patent Fees and Royalties and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities A. CONTRACTOR shall pay all license fees and royalties performing or furnishing any of the Work just as and assume all costs incident to the use in the performance of the CONTRACTOR is responsible for CONTRACTOR’s own acts Work or the incorporation in the Work of any invention, design, and omissions. Nothing in the Contract Documents shall create process, product, or device which is the subject of patent rights for the benefit of any such Subcontractor, Supplier, or other or copyrights held by others. If a particular invention, design, individual or entity any contractual relationship between process, product, or device is specified in the Contract OWNER or ENGINEER and any such Subcontractor, Supplier Documents for use in the performance of the Work and if to the or other individual or entity, nor shall it create any obligation on actual knowledge of OWNER or ENGINEER its use is subject the part of OWNER or ENGINEER to pay or to see to the to patent rights or copyrights calling for the payment of any payment of any moneys due any such Subcontractor, Supplier, or license fee or royalty to others, the existence of such rights shall other individual or entity except as may otherwise be required by be disclosed by OWNER in the Contract Documents. To the Laws and Regulations. fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, D. CONTRACTOR shall be solely responsible for ENGINEER, ENGINEER’s Consultants, and the officers, scheduling and coordinating the Work of Subcontractors, directors, partners, employees or agents, and other consultants of 00-700-18 each and any of them from and against all claims, costs, losses, A. CONTRACTOR shall pay all sales, consumer, use, and and damages (including but not limited to all fees and charges of other similar taxes required to be paid by CONTRACTOR in engineers, architects, attorneys, and other professionals and all accordance with the Laws and Regulations of the place of the court or arbitration or other dispute resolution costs) arising out Project which are applicable during the performance of the of or relating to any infringement of patent rights or copyrights Work. incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, 6.11 Use of Site and Other Areas process, product, or device not specified in the Contract Documents. A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the 6.08 Permits operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably A. Unless otherwise provided in the Supplementary encumber the Site and other areas with construction Conditions, CONTRACTOR shall obtain and pay for all equipment or other materials or equipment. construction permits and licenses. OWNER shall assist CONTRACTOR shall assume full responsibility for any CONTRACTOR, when necessary, in obtaining such permits and damage to any such land or area, or to the owner or occupant licenses. CONTRACTOR shall pay all governmental charges thereof, or of any adjacent land or areas resulting from the and inspection fees necessary for the prosecution of the Work performance of the Work. which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for 2. Should any claim be made by any such owner or connections to the Work. occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party 6.09 Laws and Regulations by negotiation or otherwise resolve the claim as provided by law. A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the 3. To the fullest extent permitted by Laws and Work. Except where otherwise expressly required by applicable Regulations, CONTRACTOR shall indemnify and hold Laws and Regulations, neither OWNER nor ENGINEER shall harmless OWNER, ENGINEER, ENGINEER’s Consultant, be responsible for monitoring CONTRACTOR’s compliance and the officers, directors, partners, employees, agents, and with any Laws or Regulations. other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not B. If CONTRACTOR performs any Work knowing or limited to all fees and charges of engineers, architects, having reason to know that it is contrary to Laws or Regulations, attorneys, and other professionals and all court or other CONTRACTOR shall bear all claims, costs, losses, and dispute resolution costs) arising out of or relating to any damages (including but not limited to all fees and charges of claim or action, legal or equitable, brought by any such engineers, architects, attorneys, and other professionals and all owner or occupant against OWNER, ENGINEER, or any court or arbitration or other dispute resolution costs) arising out other party indemnified hereunder to the extent caused by or of or relating to such Work; however, it shall not be based upon CONTRACTOR's performance of the Work. CONTRACTOR’s primary responsibility to make certain that CONTRACTOR shall to the greatest extent allowable by the Specifications and Drawings are in accordance with Laws law, hold harmless and indemnify OWNER from and against and Regulations, but this shall not relieve CONTRACTOR of any and all suits, causes of action, and any and all liability of CONTRACTOR’s obligations under paragraph 3.03. any nature arising out of or in connection with CONTRACTOR’s negligent or illegal failure to comply with C. Changes in Laws or Regulations not known at the time of any law or regulation, including but not limited to any claim opening of Bids (or, on the Effective Date of the Agreement if for injunctive relief or for any attorney’s fees incurred there were no Bids) having an effect on the cost or time of thereof. performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and B. Removal of Debris During Performance of the Work: CONTRACTOR are unable to agree on entitlement to or on the During the progress of the Work CONTRACTOR shall keep the amount or extent, if any, of any such adjustment, a Claim may be Site and other areas free from accumulations of waste materials, made therefor as provided in paragraph 10.05. rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable 6.10 Taxes Laws and Regulations. 00-700-19  C. Cleaning: Prior to Substantial Completion of the Work and shall cooperate with them in the protection, removal, CONTRACTOR shall clean the Site and make it ready for relocation, and replacement of their property. All damage, utilization by OWNER. At the completion of the Work injury, or loss to any property referred to in paragraph 6.13.A.2 CONTRACTOR shall remove from the Site all tools, appliances, or 6.13.A.3 caused, directly or indirectly, in whole or in part, by construction equipment and machinery, and surplus materials CONTRACTOR, any Subcontractor, Supplier, or any other and shall restore to original condition all property not designated individual or entity directly or indirectly employed by any of for alteration by the Contract Documents. them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR D. Loading Structures: CONTRACTOR shall not load nor (except damage or loss attributable to the fault of Drawings or permit any part of any structure to be loaded in any manner that Specifications or to the acts or omissions of OWNER or shall endanger the structure, nor shall CONTRACTOR subject ENGINEER or ENGINEER’s Consultant, or anyone employed any part of the Work or adjacent property to stresses or pressures by any of them, or anyone for whose acts any of them may be that shall endanger it. liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any 6.12 Record Documents Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR’s duties A. CONTRACTOR shall maintain in a safe place at the Site and responsibilities for safety and for protection of the Work one record copy of all Drawings, Specifications, Addenda, shall continue until such time as all the Work is completed and Written Amendments, Change Orders, Work Change Directives, ENGINEER has issued a notice to OWNER and Field Orders, and written interpretations and clarifications in CONTRACTOR in accordance with paragraph 14.07.B that the good order and annotated to show changes made during Work is acceptable (except as otherwise expressly provided in construction. These record documents together with all connection with Substantial Completion). approved Samples and a counterpart of all approved Shop Drawings shall be available to ENGINEER and OWNER for 6.14 Safety Representative reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to A. CONTRACTOR shall designate a qualified and ENGINEER for OWNER. experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the 6.13 Safety and Protection maintaining and supervising of safety precautions and programs. A. CONTRACTOR shall be solely responsible for 6.15 Hazard Communication Programs initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall A. CONTRACTOR shall be responsible for coordinating take all necessary precautions for the safety of, and shall provide any exchange of material safety data sheets or other hazard the necessary protection to prevent damage, injury or loss to: communication information required to be made available to or exchanged between or among employers at the Site in 1. all persons on the Site or who may be affected by accordance with Laws and Regulations. the Work; 6.16 Emergencies 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; A. In emergencies affecting the safety or protection of and persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened 3. other property at the Site or adjacent thereto, damage, injury, or loss. CONTRACTOR shall give ENGINEER including trees, shrubs, lawns, walks, pavements, roadways, prompt written notice if CONTRACTOR believes that any structures, utilities, and Underground Facilities not significant changes in the Work or variations from the Contract designated for removal, relocation, or replacement in the Documents have been caused thereby or are required as a result course of construction. thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by B. CONTRACTOR shall comply with all applicable Laws CONTRACTOR in response to such an emergency, a Work and Regulations relating to the safety of persons or property, or Change Directive or Change Order shall be issued. to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for 6.17 Shop Drawings and Samples such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other A. CONTRACTOR shall submit Shop Drawings to utility owners when prosecution of the Work may affect them, ENGINEER for review and approval in accordance with the 00-700-20 acceptable schedule of Shop Drawings and Sample submittals. All submittals shall be identified as ENGINEER may require and 3. At the time of each submittal, CONTRACTOR in the number of copies specified in the General Requirements. shall give ENGINEER specific written notice of such The data shown on the Shop Drawings shall be complete with variations, if any, that the Shop Drawing or Sample respect to quantities, dimensions, specified performance and submitted may have from the requirements of the Contract design criteria, materials, and similar data to show ENGINEER Documents, such notice to be in a written communication the services, materials, and equipment CONTRACTOR separate from the submittal; and, in addition, shall cause a proposes to provide and to enable ENGINEER to review the specific notation to be made on each Shop Drawing and information. Sample submitted to ENGINEER for review and approval of each such variation. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the E. ENGINEER’s Review acceptable schedule of Shop Drawings and Sample submittals. Each Sample shall be identified clearly as to material, Supplier, 1. ENGINEER shall timely review and approve Shop pertinent data such as catalog numbers, and the use for which Drawings and Samples in accordance with the schedule of intended and otherwise as ENGINEER may require to enable Shop Drawings and Sample submittals acceptable to ENGINEER to review the submittal for the limited purposes ENGINEER. ENGINEER’s review and approval shall be required by paragraph 6.17.E. The numbers of each Sample to only to determine if the items covered by the submittals shall, be submitted shall be as specified in the Specifications. after installation or incorporation in the Work, conform to the information given in the Contract Documents and be C. Where a Shop Drawing or Sample is required by the compatible with the design concept of the completed Project Contract Documents or the schedule of Shop Drawings and as a functioning whole as indicated by the Contract Sample submittals acceptable to ENGINEER as required by Documents. paragraph 2.07, any related Work performed prior to ENGINEER’s review and approval of the pertinent submittal 2. ENGINEER’s review and approval shall not extend shall be at the sole expense and responsibility of to means, methods, techniques, sequences, or procedures of CONTRACTOR. construction (except where a particular means, method, technique, sequence, or procedure of construction is D. Submittal Procedures specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident 1. Before submitting each Shop Drawing or Sample, thereto. The review and approval of a separate item as such CONTRACTOR shall have determined and verified: shall not indicate approval of the assembly in which the item functions. a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, 3. ENGINEER’s review and approval of Shop materials, catalog numbers, and similar information with Drawings or Samples shall not relieve CONTRACTOR from respect thereto; responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing b. all materials with respect to intended use, called ENGINEER’s attention to each such variation at the fabrication, shipping, handling, storage, assembly, and time of each submittal as required by paragraph 6.17.D.3 and installation pertaining to the performance of the Work; ENGINEER has given written approval of each such c. all information relative to means, methods, variation by specific written notation thereof incorporated in techniques, sequences, and procedures of construction or accompanying the Shop Drawing or Sample approval; nor and safety precautions and programs incident thereto; shall any approval by ENGINEER relieve CONTRACTOR and from responsibility for complying with the requirements of the Contract Documents. d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other F. Resubmittal Procedures Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of 2. Each submittal shall bear a stamp or specific written corrected copies of Shop Drawings and submit as required indication that CONTRACTOR has satisfied new Samples for review and approval. CONTRACTOR CONTRACTOR’s obligations under the Contract shall direct specific attention in writing to revisions other Documents with respect to CONTRACTOR’s review and than the corrections called for by ENGINEER on previous approval of that submittal. submittals. 00-700-21  6. any review and approval of a Shop Drawing or 6.18 Continuing the Work Sample submittal or the issuance of a notice of acceptability by ENGINEER; A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with 7. any inspection, test, or approval by others; or OWNER. No Work shall be delayed or postponed pending 8. any correction of defective Work by OWNER. resolution of any disputes or disagreements, except as permitted by the Contract Documents or as OWNER and CONTRACTOR 6.20 Indemnification may otherwise agree in writing. A. Indemnification. To the fullest extent permitted by law, 6.19 CONTRACTOR’s General Warranty and Guarantee Contractor agrees to and shall indemnify, defend and hold harmless the Owner, the Engineer, Engineer's consultants and A. CONTRACTOR warrants and guarantees to OWNER, the officers, employees, boards and commissions of each and any ENGINEER, and ENGINEER’s Consultants that all Work shall of them from and against any and all claims, suits, judgments, be in accordance with the Contract Documents and shall not be costs, attorneys' fees, damages or any and all other relief or defective. CONTRACTOR’s warranty and guarantee hereunder liability arising out of or resulting from or through, or alleged to excludes defects or damage caused by: arise out of, any acts or negligent acts or omissions of Contractor or Contractor's officers, employees, agents or subcontractors in 1. abuse, modification, or improper maintenance or the performance of this agreement, or arising out of or in operation by persons other than CONTRACTOR, connection with litigation based on any mechanic's lien or other Subcontractors, Suppliers, or any other individual or entity claims, suits, judgments and/or demands for damages by for whom CONTRACTOR is responsible; or subcontractors. In the event of any action against the Owner, its officers, employees, agents, boards or commissions covered by 2. normal wear and tear under normal usage. the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of Owner's choosing. This warranty shall guarantee all work for a period of three years In the event and to the extent that any legal work is performed by from the date of acceptance of the Work and final acceptance by Owner's in-house legal counsel pursuant to the provisions of this the OWNER, except for equipment, motors, electrical controls section, Owner shall be reimbursed by Contractor for such legal and other mechanical devices that shall be guaranteed for a work at the rate of $200 per hour, which rate Contractor hereby period of two years from the date or acceptance and use of each agrees and acknowledges to be a reasonable rate for such in- item of equipment by OWNER unless a different guarantee house attorneys' fees. The provisions of this paragraph shall period of time is specified under other parts of the Contract survive any expiration and/or termination of this agreement. Documents. B. Contractor Specification Indemnification. To the fullest B. CONTRACTOR’s obligation to perform and complete extent permitted by law, and notwithstanding anything to the the Work in accordance with the Contract Documents shall be contrary in any specifications, plans or Contract Documents, absolute. None of the following shall constitute an acceptance of Contractor hereby warrants and represents that it has thoroughly Work that is not in accordance with the Contract Documents or a and carefully reviewed all specifications, plans and Contract release of CONTRACTOR’s obligation to perform the Work in Documents; and Contractor hereby waives, releases, indemnifies accordance with the Contract Documents: and agrees to hold harmless Owner, Engineer, Engineer's consultants, and any and all other entities which may have 1. observations by ENGINEER; contributed or been involved in or with the preparation or drafting of any plans, specifications or Contract Documents, and 2. recommendation by ENGINEER or payment by the officers, employees, boards and commissions of each and any OWNER of any progress or final payment; of them from and against any and all claims, suits, judgments, costs, attorneys' fees, damages or any and all other relief or 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto liability arising out of or resulting from or through, or alleged to by OWNER; arise out of or through, ambiguities, errors or conflicts in such specifications, plans or Contract Documents. Contractor hereby 4. use or occupancy of the Work or any part thereof by agrees and acknowledges that any such claims, suits, judgments, OWNER; costs, attorneys' fees, damages or any and all other relief or liability shall inherently and per se be based upon and result from 5. any acceptance by OWNER or any failure to do so; Contractor's negligent acts or omissions in failing to detect any such errors, ambiguities or conflicts. The provisions of this paragraph shall survive any expiration and/or termination of this 00-700-22 agreement. 1. the individual or entity who shall have authority and responsibility for coordination of the activities among the ARTICLE 7 - OTHER WORK various contractors shall be identified; 2. the specific matters to be covered by such authority and responsibility shall be itemized; and 7.01 Related Work at Site 3. the extent of such authority and responsibilities shall A. OWNER may perform other work related to the Project be provided. at the Site or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not B. Unless otherwise provided in the Supplementary noted in the Contract Documents, then: Conditions, OWNER shall have sole authority and responsibility for such coordination. 1. written notice thereof shall be given to CONTRACTOR prior to starting any such other work; and ARTICLE 8 - OWNER’S RESPONSIBILITIES 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of 8.01 Communications to Contractor any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim A. Except as otherwise provided in these General may be made therefor as provided in paragraph 10.05. Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. B. CONTRACTOR shall afford each other contractor who is a party to any contract or work as provided in the paragraph B. Requirements to Provide Documents. To the extent above and each utility owner (and OWNER, if OWNER is they are available, the OWNER shall furnish surveys describing performing the other work with OWNER’s employees) proper physical characteristics, legal limitations, and utility locations for and safe access to the Site and a reasonable opportunity for the the site of the Project, and a legal description of the Site. introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the The OWNER shall obtain and pay for necessary approvals, Work with theirs. Unless otherwise provided in the Contract easements, assessments, and charges which are customarily Documents, CONTRACTOR shall do all cutting, fitting, and secured prior to the execution of the Contract. patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly The OWNER shall furnish information or services required integrate with such other work. CONTRACTOR shall not of the OWNER hereunder with reasonable promptness after endanger any work of others by cutting, excavating, or otherwise receipt from the CONTRACTOR of a written request for such altering their work and shall only cut or alter their work with the information or services. written consent of ENGINEER, OWNER and the others whose work may be affected. The OWNER shall provide the CONTRACTOR, at no charge, such copies of the Project Manual as are reasonably C. If the proper execution or results of any part of necessary for the execution of the Work. CONTRACTOR’s Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such C. OWNER's Right to Perform Construction and to Award other work and promptly report to ENGINEER in writing any Separate Contracts. The OWNER reserves the right to perform delays, defects, or deficiencies in such other work that render it construction or operations at the Site with its own forces or unavailable or unsuitable for the proper execution and results of others. If the CONTRACTOR claims that a delay or additional CONTRACTOR’s Work. CONTRACTOR’s failure to so cost is involved because of such action by the OWNER, the report shall constitute an acceptance of such other work by CONTRACTOR shall make such Claim as provided elsewhere CONTRACTOR as fit and proper for integration with in the Contract Documents. CONTRACTOR’s Work except for latent defects and deficiencies in such other work. When the separate contracts are awarded for different portions of the Project or other construction or operations on the 7.02 Coordination site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate A. If OWNER intends to contract with others for the OWNER-Contractor Agreement. performance of other work on the Project at the Site, the following shall be set forth in Supplementary Conditions: 00-700-23  The OWNER shall provide for coordination of the activities waivers pertain only to the specific matter contained in the of the OWNER's own forces and of each separate contractor waiver and not to any similar, subsequent matters. with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall afford each other person ARTICLE 9 - ENGINEER’S STATUS DURING access to the Site and shall properly coordinate its Work with CONSTRUCTION that of the persons performing other work. The CONTRACTOR shall participate with other separate contractors and the OWNER in reviewing their construction schedules when directed to do so. 9.01 OWNER’S Representative The CONTRACTOR shall make any revisions to the construction schedules deemed necessary after a joint review and A. ENGINEER shall be OWNER’s mutual agreement. The construction schedules shall then representative during the construction period. The duties and constitute the schedules to be used by the CONTRACTOR, responsibilities and the limitations of authority of ENGINEER as separate contractors, and the OWNER until subsequently OWNER’s representative during construction are set forth in the revised. Contract Documents and shall not be changed without written consent of OWNER and ENGINEER. D. Limitations on the OWNER's Responsibilities. The OWNER shall not supervise, direct, or have control or authority 9.02 Visits to Site over, nor be responsible for the CONTRACTOR’S means, methods, techniques, sequences, or procedures of construction or A. ENGINEER shall make visits to the Site at the safety precautions and programs incident thereto, or for any intervals appropriate to the various stages of construction as failure of the CONTRACTOR to comply with laws, codes and ENGINEER reasonably deems necessary in order to observe the regulations applicable to the furnishing or performance of the progress that has been made and the quality of the various Work. The OWNER will not be responsible for the aspects of CONTRACTOR’s executed Work. Based on CONTRACTOR'S failure to perform or furnish the Work in information obtained during such visits and observations, accordance with the Contract Documents. The OWNER is not ENGINEER, shall determine, in general, if the Work is responsible for the acts or omissions of the CONTRACTOR, any proceeding in accordance with the Contract Documents. Subcontractor, Supplier, or anyone for whose acts the ENGINEER shall not be required to make exhaustive or CONTRACTOR, any Subcontractor or Suppliers may be liable. continuous inspections on the Site to check the quality or quantity of the Work. On the basis of such visits and The OWNER's authority to review any of the observations, ENGINEER shall keep OWNER informed of the CONTRACTOR's progress schedules, or its decision to raise or progress of the Work and shall use its best efforts to guard not to raise any objections about such schedules shall not impose OWNER against defective Work. on the OWNER any responsibility for the timing, planning, scheduling, or execution of the Work, nor in any way give rise to B. ENGINEER’s visits and observations are any duty or responsibility on the part of the OWNER to exercise subject to all the limitations on ENGINEER’s authority and this authority for the benefit of the CONTRACTOR, any responsibility set forth herein, and particularly, but without Subcontractor or Supplier or any other party. limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER shall not The OWNER's decision to raise or not to raise objections supervise, direct, control, or have authority over or be with regard to any aspects of the CONTRACTOR's insurance responsible for CONTRACTOR’s means, methods, techniques, shall in no way give rise to any duty or responsibility on the part sequences, or procedures of construction, or the safety of the OWNER to or for the benefit of the CONTRACTOR, any precautions and programs incident thereto, or for any failure of Subcontractor, any Supplier, or any other party. CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. E. Reservation of Rights. The OWNER reserves the right to correct at any time any error in any progress payment that may 9.03 Project Representative have been made. A. If OWNER and ENGINEER agree, Should defective Work be discovered subsequent to final ENGINEER shall furnish a Resident Project Representative to payment, the OWNER reserves the right to make a claim and assist ENGINEER in providing more extensive observation of recover all costs and professional fees associated therewith, the Work. The responsibilities and authority and limitations including the cost of removing and/or replacing the defective thereon of any such Resident Project Representative and Work. assistants shall be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another F. Waivers. All waivers by the OWNER are valid only to representative or agent to represent OWNER at the Site who is the extent that they are signed by the OWNER. Any such not ENGINEER’s Consultant, agent or employee, the 00-700-24 responsibilities and authority and limitations thereon of such matters relating to the acceptability of the Work, the quantities other individual or entity shall be as provided in the and classifications of Unit Price Work, the interpretation of the Supplementary Conditions. requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the 9.04 Clarifications and Interpretations Contract Price or Contract Times shall be referred initially to ENGINEER in writing, in accordance with the provisions of A. ENGINEER shall issue with reasonable paragraph 10.05, with a request for a formal decision. promptness such written clarifications or interpretations of the requirements of the Contract Documents as ENGINEER may B. When functioning as provided under determine necessary, which shall be consistent with the intent of paragraph 9.07, ENGINEER shall not show partiality to and reasonably inferable from the Contract Documents. Such OWNER or CONTRACTOR and shall not be liable in written clarifications and interpretations shall be binding on connection with any interpretation or decision rendered in good OWNER and CONTRACTOR. faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.08 with respect to any 9.05 Authorized Variations in Work such Claim, dispute, or other matter shall be a condition precedent to any exercise by OWNER or CONTRACTOR of A. ENGINEER may authorize minor variations such rights or remedies as either may otherwise have under the in the Work from the requirements of the Contract Documents Contract Documents or by Laws or Regulations in respect of any which do not involve an adjustment in the Contract Price or the such Claim, dispute, or other matter. Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the 9.09 Limitations on ENGINEER’s Authority and Contract Documents. These may be accomplished by a Field Responsibilities Order and shall be binding on CONTRACTOR, who shall perform the Work involved promptly. A. Neither ENGINEER’s authority or responsibility under this Article 9 or under any other provision of 9.06 Rejecting Defective Work the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or A. ENGINEER shall have authority to responsibility or the undertaking, exercise, or performance of any disapprove or reject Work which ENGINEER believes to be authority or responsibility by ENGINEER shall create, impose, defective, or that ENGINEER believes shall not produce a or give rise to any duty in contract, tort, or otherwise owed by completed Project that conforms to the Contract Documents or ENGINEER to CONTRACTOR, any Subcontractor, any that shall prejudice the integrity of the design concept of the Supplier, any other individual or entity, or to any surety for or completed Project as a functioning whole as indicated by the employee or agent of any of them. Contract Documents. ENGINEER shall also have authority to require special inspection or testing of the Work as provided B. ENGINEER shall not supervise, direct, herein whether or not the Work is fabricated, installed, or control, or have authority over or be responsible for completed. CONTRACTOR’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and 9.07 Determinations for Unit Price Work programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the A. ENGINEER shall determine the actual performance of the Work. ENGINEER shall not be responsible quantities and classifications of Unit Price Work performed by for CONTRACTOR’s failure to perform the Work in accordance CONTRACTOR. ENGINEER shall review with with the Contract Documents. CONTRACTOR the ENGINEER’s preliminary determinations on such matters before rendering a written decision thereon (by C. ENGINEER shall not be responsible for the recommendation of an Application for Payment or otherwise). acts or omissions of CONTRACTOR or of any Subcontractor, ENGINEER’s written decision thereon shall be final and binding any Supplier, or of any other individual or entity performing any (except as modified by ENGINEER to reflect changed factual of the Work. conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. D. ENGINEER’s review of the final Application for Payment and accompanying documentation and all 9.08 Decisions on Requirements of Contract Documents maintenance and operating instructions, schedules, guarantees, and Acceptability of Work Bonds, certificates of inspection, tests and approvals, and other A. ENGINEER shall be the initial interpreter of documentation required to be delivered by paragraph 14.07.A the requirements of the Contract Documents and judge of the shall be to determine that their content complies with the acceptability of the Work thereunder. Claims, disputes and other requirements of, and in the case of certificates of inspections, 00-700-25 tests, and approvals that the results certified indicate compliance 3. changes in the Contract Price or Contract Times with, the Contract Documents. which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; E. The limitations upon authority and provided that, in lieu of executing any such Change Order, responsibility set forth in this paragraph 9.09 shall also apply to an appeal may be taken from any such decision in ENGINEER’s Consultants, Resident Project Representative, and accordance with the provisions of the Contract Documents assistants. and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and ARTICLE 10 - CHANGES IN THE WORK; CLAIMS adhere to the progress schedule as provided in paragraph 6.18.A. 10.01 Authorized Changes in the Work 10.04 Notification to Surety A. Without invalidating the Agreement and without notice A. If notice of any change affecting the general scope of to any surety, OWNER may, at any time or from time to time, the Work or the provisions of the Contract Documents order additions, deletions, or revisions in the Work by a Written (including, but not limited to, Contract Price or Contract Times) Amendment, a Change Order, or a Work Change Directive. is required by the provisions of any Bond to be given to a surety, Upon receipt of any such document, CONTRACTOR shall the giving of any such notice shall be CONTRACTOR’s promptly proceed with the Work involved which shall be responsibility. The amount of each applicable Bond shall be performed under the applicable conditions of the Contract adjusted to reflect the effect of any such change. Documents (except as otherwise specifically provided). 10.05 Claims and Disputes B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an A. Notice: Written notice stating the general nature of adjustment in the Contract Price or Contract Times, or both, that each Claim, dispute, or other matter shall be delivered by the should be allowed as a result of a Work Change Directive, a claimant to ENGINEER and the other party to the Contract Claim may be made therefor as provided in paragraph 10.05. promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the 10.02 Unauthorized Changes in the Work Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract A. CONTRACTOR shall not be entitled to an increase in within 60 days after the start of such event (unless ENGINEER the Contract Price or an extension of the Contract Times with allows additional time for claimant to submit additional or more respect to any work performed that is not required by the accurate data in support of such Claim, dispute, or other matter). Contract Documents as amended, modified, or supplemented as A Claim for an adjustment in Contract Price shall be prepared in provided in paragraph 3.04, except in the case of an emergency accordance with the provisions of paragraph 12.01.B. A Claim as provided in paragraph 6.16 or in the case of uncovering Work for an adjustment in Contract Time shall be prepared in as provided in paragraph 13.04.B. accordance with the provisions of Article 12. Each Claim shall be accompanied by claimant's written statement that the 10.03 Execution of Change Orders adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing A. OWNER and CONTRACTOR shall execute party shall submit any response to ENGINEER and the claimant appropriate Change Orders recommended by ENGINEER (or within 30 days after receipt of the claimant’s last submittal Written Amendments) covering: (unless ENGINEER allows additional time). 1. changes in the Work which are: (i) required by law B. ENGINEER’s Decision: ENGINEER shall render a (ii) ordered by OWNER pursuant to paragraph 10.01.A, formal decision in writing within 30 days after receipt of the last (iii) required because of acceptance of defective Work submittal of the claimant or the last submittal of the opposing under paragraph 13.08.A or OWNER’s correction of party, if any. ENGINEER’s written decision on such Claim, defective Work under paragraph 13.09, (iv) agreed to by dispute, or other matter shall be final and binding upon OWNER the parties; and CONTRACTOR unless: 2. changes in the Contract Price or Contract Times 1. an appeal from ENGINEER’s decision is taken which are agreed to by the parties, including any undisputed within the time limits and in accordance with the dispute sum or amount of time for Work actually performed in resolution procedures set forth in Article 16; or accordance with a Work Change Directive; and 00-700-26  2. if no such dispute resolution procedures have been retirement benefits, bonuses, sick leave, vacation and set forth in Article 16, a written notice of intention to appeal holiday pay applicable thereto. The expenses of performing from ENGINEER’s written decision is delivered by Work outside of regular working hours, on Saturday, OWNER or CONTRACTOR to the other and to Sunday, or legal holidays, shall be included in the above to ENGINEER within 30 days after the date of such decision, the extent authorized by OWNER. and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the 2. Cost of all materials and equipment furnished and date of such decision or within 60 days after Substantial incorporated in the Work, including costs of transportation Completion, whichever is later (unless otherwise agreed in and storage thereof, and Suppliers’ field services required writing by OWNER and CONTRACTOR), to exercise in connection therewith. All cash discounts shall accrue to such rights or remedies as the appealing party may have CONTRACTOR unless OWNER deposits funds with with respect to such Claim, dispute, or other matter in CONTRACTOR with which to make payments, in which accordance with applicable Laws and Regulations. case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of C. If ENGINEER does not render a formal decision in surplus materials and equipment shall accrue to OWNER, writing within the time stated in paragraph 10.05.B, a decision and CONTRACTOR shall make provisions so that they denying the Claim in its entirety shall be deemed to have been may be obtained. issued 31 days after receipt of the last submittal the claimant or the last submittal of the opposing party, if any. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If D. No Claim for an adjustment in Contract Price or required by OWNER, CONTRACTOR shall obtain Contract Times (or Milestones) shall be valid if not submitted in competitive bids from subcontractors acceptable to accordance with this paragraph 10.05. OWNER and CONTRACTOR and shall deliver such bids to OWNER, who shall then determine, with the advice of ARTICLE 11 - COST OF THE WORK; CASH ENGINEER, which bids, if any, shall be acceptable. If any ALLOWANCES; UNIT PRICE WORK subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same 11.01 Cost of the Work manner as CONTRACTOR’s Cost of the Work and fee as provided in this paragraph 11.01. A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by 4. Costs of special consultants (including but not CONTRACTOR in the proper performance of the Work. When limited to engineers, architects, testing laboratories, the value of any Work covered by a Change Order or when a surveyors, attorneys, and accountants) employed for Claim for an adjustment in Contract Price is determined on the services specifically related to the Work. basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR shall be only those additional or incremental 5. Supplemental costs including the following: costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be a. The proportion of necessary transportation, agreed to in writing by OWNER, such costs shall be in amounts travel, and subsistence expenses of CONTRACTOR’s no higher than those prevailing in the locality of the Project, shall employees incurred in discharge of duties connected include only the following items, and shall not include any of the with the Work. costs itemized in paragraph 11.01.B. b. Cost, including transportation and 1. Payroll costs for employees in the direct employ of maintenance, of all materials, supplies, equipment, CONTRACTOR in the performance of the Work under machinery, appliances, office, and temporary facilities schedules of job classifications agreed upon by OWNER at the Site, and hand tools not owned by the workers, and CONTRACTOR. Such employees shall include which are consumed in the performance of the Work, without limitation superintendents, foremen, and other and cost, less market value, of such items used but not personnel employed full time at the Site. Payroll costs for consumed which remain the property of employees not employed full time on the Work shall be CONTRACTOR. apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries c. Rentals of all construction equipment and and wages plus the cost of fringe benefits, which shall machinery, and the parts thereof whether rented from include social security contributions, unemployment, excise, CONTRACTOR or others in accordance with rental and payroll taxes, workers’ compensation, health and agreements approved by OWNER with the advice of 00-700-27  ENGINEER, and the costs of transportation, loading, 1. Payroll costs and other compensation of unloading, assembly, dismantling, and removal thereof. CONTRACTOR’s officers, executives, principals (of All such costs shall be in accordance with the terms of partnerships and sole proprietorships), general managers, said rental agreements. The rental of any such engineers, architects, estimators, attorneys, auditors, equipment, machinery, or parts shall cease when the accountants, purchasing and contracting agents, expediters, use thereof is no longer necessary for the Work. timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in d. Sales, consumer, use, and other similar taxes CONTRACTOR’s principal or branch office for general related to the Work, and for which CONTRACTOR is administration of the Work and not specifically included in liable, imposed by Laws and Regulations. the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph e. Deposits lost for causes other than negligence 11.01.A.4, all of which are to be considered administrative of CONTRACTOR, any Subcontractor, or anyone costs covered by the CONTRACTOR’s fee. directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty 2. Expenses of CONTRACTOR’s principal and payments and fees for permits and licenses. branch offices other than CONTRACTOR’s office at the Site. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by 3. Any part of CONTRACTOR’s capital expenses, insurance or otherwise, sustained by CONTRACTOR including interest on CONTRACTOR’s capital employed in connection with the performance of the Work for the Work and charges against CONTRACTOR for (except losses and damages within the deductible delinquent payments. amounts of property insurance established in accordance with paragraph 5.05), provided such losses 4. Costs due to the negligence of CONTRACTOR, and damages have resulted from causes other than the any Subcontractor, or anyone directly or indirectly negligence of CONTRACTOR, any Subcontractor, or employed by any of them or for whose acts any of them may anyone directly or indirectly employed by any of them be liable, including but not limited to, the correction of or for whose acts any of them may be liable. Such defective Work, disposal of materials or equipment wrongly losses shall include settlements made with the written supplied, and making good any damage to property. consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of 5. Other overhead or general expense costs of any the Work for the purpose of determining kind and the costs of any item not specifically and expressly CONTRACTOR’s fee. included in paragraphs 11.01.A and 11.01.B. g. The cost of utilities, fuel, and sanitary facilities C. CONTRACTOR’s Fee: When all the Work is at the Site. performed on the basis of cost-plus, CONTRACTOR’s fee shall be determined as set forth in the Agreement. When the value of h. Minor expenses such as telegrams, long any Work covered by a Change Order or when a Claim for an distance telephone calls, telephone service at the Site, adjustment in Contract Price is determined on the basis of Cost expressage, and similar petty cash items in connection of the Work, CONTRACTOR’s fee shall be determined as set with the Work. forth in paragraph 12.01.C. i. When the Cost of the Work is used to D. Documentation: Whenever the Cost of the Work for determine the value of a Change Order or of a Claim, any purpose is to be determined pursuant to paragraphs 11.01.A the cost of premiums for additional Bonds and and 11.01.B, CONTRACTOR shall establish and maintain insurance required because of the changes in the Work records thereof in accordance with generally accepted accounting or caused by the event giving rise to the Claim. practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and 11.02 Cash Allowances insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract B. Costs Excluded: The term Cost of the Work shall not Documents and shall cause the Work so covered to be performed include any of the following items: for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 00-700-28  ARTICLE 12 - CHANGE OF CONTRACT PRICE; 1. the allowances include the cost to CONTRACTOR CHANGE OF CONTRACT TIMES (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 12.01 Change of Contract Price 2. CONTRACTOR’s costs for unloading and A. The Contract Price may only be changed by a Change handling on the Site, labor, installation costs, overhead, Order or by a Written Amendment. Any Claim for an adjustment profit, and other expenses contemplated for the allowances in the Contract Price shall be based on written notice submitted have been included in the Contract Price and not in the by the party making the Claim to the ENGINEER and the other allowances, and no demand for additional payment on party to the Contract in accordance with the provisions of account of any of the foregoing shall be valid. paragraph 10.05. B. Prior to final payment, an appropriate Change Order B. The value of any Work covered by a Change Order or shall be issued as recommended by ENGINEER to reflect actual of any Claim for an adjustment in the Contract Price shall be amounts due CONTRACTOR on account of Work covered by determined as follows: allowances, and the Contract Price shall be correspondingly adjusted. 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of 11.03 Unit Price Work such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price 2. where the Work involved is not covered by unit shall be deemed to include for all Unit Price Work an amount prices contained in the Contract Documents, by a mutually equal to the sum of the unit price for each separately identified agreed lump sum; or item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of 3. where the Work involved is not covered by unit items of Unit Price Work are not guaranteed and are solely for prices contained in the Contract Documents and agreement the purpose of comparison of Bids and determining an initial to a lump sum is not reached under paragraph 12.01.B.2, on Contract Price. Determinations of the actual quantities and the basis of the Cost of the Work (determined as provided classifications of Unit Price Work performed by in paragraph 11.01) plus a CONTRACTOR’s fee for CONTRACTOR shall be made by ENGINEER subject to the overhead and profit (determined as provided in paragraph provisions of paragraph 9.08. 12.01.C). B. Each unit price shall be deemed to include an amount C. CONTRACTOR’s Fee: The CONTRACTOR’s fee for considered by CONTRACTOR to be adequate to cover overhead and profit shall be determined as follows: CONTRACTOR’s overhead and profit for each separately identified item. 1. a mutually acceptable fixed fee; or C. OWNER or CONTRACTOR may make a Claim for an 2. if a fixed fee is not agreed upon, then a fee based adjustment in the Contract Price in accordance with paragraph on the following percentages of the various portions of the 10.05 if: Cost of the Work: a. for costs incurred under paragraphs 11.01.A.1 1. the quantity of any item of Unit Price Work and 11.01.A.2, the CONTRACTOR’s fee shall be 15 performed by CONTRACTOR differs materially and percent; significantly from the estimated quantity of such item indicated in the Agreement; and b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR’s fee shall be five percent; 2. there is no corresponding adjustment with respect any other item of Work; and c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed 3. if CONTRACTOR believes that CONTRACTOR fee is agreed upon, the intent of paragraph 12.01.C.2.a is entitled to an increase in Contract Price as a result of is that the Subcontractor who actually performs the having incurred additional expense or OWNER believes Work, at whatever tier, shall be paid a fee of 15 that OWNER is entitled to a decrease in Contract Price percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that 00-700-29  any higher tier Subcontractor and CONTRACTOR shall each be paid a fee of five percent of the amount 12.05 Delays Beyond OWNER’s and CONTRACTOR’s paid to the next lower tier Subcontractor; Control d. no fee shall be payable on the basis of costs A. Where CONTRACTOR is prevented from completing itemized under paragraphs 11.01.A.4, 11.01.A.5, and any part of the Work within the Contract Times (or Milestones) 11.01.B; due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or e. the amount of credit to be allowed by Milestones) in an amount equal to the time lost due to such delay CONTRACTOR to OWNER for any change which shall be CONTRACTOR’s sole and exclusive remedy for such results in a net decrease in cost shall be the amount of delay. the actual net decrease in cost plus a deduction in CONTRACTOR’s fee by an amount equal to five 12.06 Delay Damages percent of such net decrease; and A. In no event shall OWNER or ENGINEER be liable to f. when both additions and credits are involved CONTRACTOR, any Subcontractor, any Supplier, or any other in any one change, the adjustment in person or organization, or to any surety for or employee or agent CONTRACTOR’s fee shall be computed on the basis of any of them, for damages arising out of or resulting from: of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 1. delays caused by or within the control of CONTRACTOR; or 12.02 Change of Contract Times 2. delays beyond the control of both OWNER and A. The Contract Times (or Milestones) may only be CONTRACTOR including but not limited to fires, floods, changed by a Change Order or by a Written Amendment. Any epidemics, abnormal weather conditions, acts of God, or Claim for an adjustment in the Contract Times (or Milestones) acts or neglect by utility owners or other contractors shall be based on written notice submitted by the party making performing other work as contemplated by Article 7. the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate B. Any adjustment of the Contract Times (or Milestones) CONTRACTOR due to delay, interference, or disruption directly covered by a Change Order or of any Claim for an adjustment in attributable to actions or inactions of OWNER or anyone for the Contract Times (or Milestones) shall be determined in whom OWNER is responsible. accordance with the provisions of this Article 12. ARTICLE 13 - TESTS AND INSPECTIONS; 12.03 Delays Beyond CONTRACTOR’s Control CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract 13.01 Notice of Defects Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as A. Prompt notice of all defective Work of which OWNER provided in paragraph 12.02.A. Delays beyond the control of or ENGINEER has actual knowledge shall be given to CONTRACTOR shall include, but not be limited to, acts or CONTRACTOR. All defective Work may be rejected, neglect by OWNER, acts or neglect of utility owners or other corrected, or accepted as provided in this Article 13. contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of 13.02 Access to Work God. A. OWNER, ENGINEER, ENGINEER’s Consultants, 12.04 Delays Within CONTRACTOR’s Control other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with A. The Contract Times (or Milestones) shall not be jurisdictional interests shall have access to the Site and the Work extended due to delays within the control of CONTRACTOR. at reasonable times for their observation, inspecting, and testing. Delays attributable to and within the control of a Subcontractor CONTRACTOR shall provide them proper and safe conditions or Supplier shall be deemed to be delays within the control of for such access and advise them of CONTRACTOR’s Site safety CONTRACTOR. 00-700-30 procedures and programs so that they may comply therewith as A. If any Work is covered contrary to the written request applicable. of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER’s observation and replaced at 13.03 Tests and Inspections CONTRACTOR’s expense. A. CONTRACTOR shall give ENGINEER timely notice B. If ENGINEER considers it necessary or advisable that of readiness of the Work for all required inspections, tests, or covered Work be observed by ENGINEER or inspected or approvals and shall cooperate with inspection and testing tested by others, CONTRACTOR, at ENGINEER’s request, personnel to facilitate required inspections or tests. shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, B. OWNER shall employ and pay for the services of an that portion of the Work in question, furnishing all necessary independent testing laboratory to perform all inspections, tests, labor, material, and equipment. If it is found that such Work is or approvals required by the Contract Documents except: defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of 1. for inspections, tests, or approvals covered by engineers, architects, attorneys, and other professionals and all paragraphs 13.03.C and 13.03.D below; court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, 2. that costs incurred in connection with tests or inspection, and testing, and of satisfactory replacement or inspections conducted pursuant to paragraph 13.04.B shall reconstruction (including but not limited to all costs of repair or be paid as provided in said paragraph 13.04.B; and replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are 3. as otherwise specifically provided in the Contract unable to agree as to the amount thereof, OWNER may make a Documents. Claim therefor as provided in paragraph 10.05 or as may otherwise be provided by law. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be 13.05 OWNER May Stop the Work inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall A. If the Work is defective, or CONTRACTOR fails to assume full responsibility for arranging and obtaining such supply sufficient skilled workers or suitable materials or inspections, tests, or approvals, pay all costs in connection equipment, or fails to perform the Work in such a way that the therewith, and furnish ENGINEER the required certificates of completed Work shall conform to the Contract Documents, inspection or approval. OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been D. CONTRACTOR shall be responsible for arranging and eliminated; however, this right of OWNER to stop the Work obtaining and shall pay all costs in connection with any shall not give rise to any duty on the part of OWNER to exercise inspections, tests, or approvals required for OWNER’s and this right for the benefit of CONTRACTOR, any Subcontractor, ENGINEER’s acceptance of materials or equipment to be any Supplier, any other individual or entity, or any surety for, or incorporated in the Work; or acceptance of materials, mix employee or agent of any of them. designs, or equipment submitted for approval prior to CONTRACTOR’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed 13.06 Correction or Removal of Defective Work by organizations acceptable to OWNER and ENGINEER. A. CONTRACTOR shall correct all defective Work, E. If any Work (or the work of others) that is to be whether or not fabricated, installed, or completed, or, if the Work inspected, tested, or approved is covered by CONTRACTOR has been rejected by ENGINEER, remove it from the Project without written concurrence of ENGINEER, it must, if requested and replace it with Work that is not defective. CONTRACTOR by ENGINEER, be uncovered for observation. shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, F. Uncovering Work as provided in paragraph 13.03.E attorneys, and other professionals and all court or arbitration or shall be at CONTRACTOR’s expense unless CONTRACTOR other dispute resolution costs) arising out of or relating to such has given ENGINEER timely notice of CONTRACTOR’s correction or removal (including but not limited to all costs of intention to cover the same and ENGINEER has not acted with repair or replacement of work of others). reasonable promptness in response to such notice. 13.07 Correction Period 13.04 Uncovering Work 00-700-31  A. If within three years after the date of Substantial ENGINEER’s recommendation of final payment, ENGINEER) Completion (except for equipment, motors, electrical controls prefers to accept it, OWNER may do so. CONTRACTOR shall and other mechanical devices which are guaranteed for a period pay all Claims, costs, losses, and damages (including but not of two years from the date of acceptance and use of each item of limited to all fees and charges of engineers, architects, attorneys, equipment by OWNER pursuant to Section 6.19(A) herein), or such and other professionals and all court or arbitration or other longer period of time as may be prescribed by Laws or dispute resolution costs) attributable to OWNER’s evaluation of Regulations or by the terms of any applicable special guarantee and determination to accept such defective Work (such costs to required by the Contract Documents or by any specific provision be approved by ENGINEER as to reasonableness) and the of the Contract Documents, any Work is found to be defective, or diminished value of the Work to the extent not otherwise paid by if the repair of any damages to the land or areas made available CONTRACTOR pursuant to this sentence. If any such for CONTRACTOR’s use by OWNER or permitted by Laws acceptance occurs prior to ENGINEER’s recommendation of and Regulations as contemplated in paragraph 6.11.A is found to final payment, a Change Order shall be issued incorporating the be defective, CONTRACTOR shall promptly, without cost to necessary revisions in the Contract Documents with respect to OWNER and in accordance with OWNER’s written the Work, and OWNER shall be entitled to an appropriate instructions: (i) repair such defective land or areas, or (ii) correct decrease in the Contract Price, reflecting the diminished value of such defective Work or, if the defective Work has been rejected Work so accepted. If the parties are unable to agree as to the by OWNER, remove it from the Project and replace it with amount thereof, OWNER may make a Claim therefor as Work that is not defective, and (iii) satisfactorily correct or repair provided in paragraph 10.05. If the acceptance occurs after such or remove and replace any damage to other Work, to the work of recommendation, an appropriate amount shall be paid by others or other land or areas resulting therefrom. If CONTRACTOR to OWNER. CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause 13.09 OWNER May Correct Defective Work serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work A. If CONTRACTOR fails within a reasonable time after removed and replaced, and all Claims, costs, losses, and written notice from ENGINEER to correct defective Work or to damages (including but not limited to all fees and charges of remove and replace rejected Work as required by ENGINEER in engineers, architects, attorneys, and other professionals and all accordance with paragraph 13.06.A, or if CONTRACTOR fails court or arbitration or other dispute resolution costs) arising out to perform the Work in accordance with the Contract of or relating to such correction or repair or such removal and Documents, or if CONTRACTOR fails to comply with any other replacement (including but not limited to all costs of repair or provision of the Contract Documents, OWNER may, after seven replacement of work of others) shall be paid by days written notice to CONTRACTOR, correct and remedy any CONTRACTOR. such deficiency. B. In special circumstances where a particular item of B. In exercising the rights and remedies under this equipment is placed in continuous service before Substantial paragraph, OWNER shall proceed expeditiously. In connection Completion of all the Work, the correction period for that item with such corrective and remedial action, OWNER may exclude may start to run from an earlier date if so provided in the CONTRACTOR from all or part of the Site, take possession of Specifications or by Written Amendment. all or part of the Work and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, C. Where defective Work (and damage to other Work appliances, construction equipment and machinery at the Site, resulting therefrom) has been corrected or removed and replaced and incorporate in the Work all materials and equipment stored under this paragraph 13.07, the correction period hereunder with at the Site or for which OWNER has paid CONTRACTOR but respect to such Work shall be extended for an additional period which are stored elsewhere. CONTRACTOR shall allow of one year after such correction or removal and replacement has OWNER, OWNER’s representatives, agents and employees, been satisfactorily completed. OWNER’s other contractors, and ENGINEER and ENGINEER’s Consultants access to the Site to enable OWNER D. CONTRACTOR’s obligations under this paragraph to exercise the rights and remedies under this paragraph. 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a C. All Claims, costs, losses, and damages (including but substitute for or a waiver of the provisions of any applicable not limited to all fees and charges of engineers, architects, statute of limitation or repose. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER 13.08 Acceptance of Defective Work in exercising the rights and remedies under this paragraph 13.09 shall be charged against CONTRACTOR, and a Change Order A. If, instead of requiring correction or removal and shall be issued incorporating the necessary revisions in the replacement of defective Work, OWNER (and, prior to Contract Documents with respect to the Work. Such claims, 00-700-32 costs, losses and damages shall include but not be limited to all CONTRACTOR stating that all previous progress costs of repair, or replacement of work of others destroyed or payments received on account of the Work have been damaged by correction, removal, or replacement of applied on account to discharge CONTRACTOR’s CONTRACTOR’s defective Work. legitimate obligations associated with prior Applications for Payment. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the 3. The amount of retainage with respect to progress performance of the Work attributable to the exercise by payments shall be as stipulated in the Agreement. OWNER of OWNER’s rights and remedies under this paragraph 13.09. B. Review of Applications ARTICLE 14 - PAYMENTS TO CONTRACTOR AND 1. ENGINEER shall, within 10 days after receipt of COMPLETION each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR 14.01 Schedule of Values indicating in writing ENGINEER’s reasons for refusing to recommend payment. In the latter case, CONTRACTOR A. The schedule of values established as provided in may make the necessary corrections and resubmit the paragraph 2.07.A shall serve as the basis for progress payments Application. and shall be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of 2. ENGINEER’s recommendation of any payment Unit Price Work shall be based on the number of units requested in an Application for Payment shall constitute a completed. representation by ENGINEER to OWNER, based on ENGINEER’s observations on the Site of the executed B. CONTRACTOR shall submit revisions to the initial Work as an experienced and qualified design professional schedule of progress payments whenever actual outlays for the and on ENGINEER's review of the Application for Work vary beyond -5 percent and +10 percent from the Payment and the accompanying data and schedules, that to schedule, as determined by ENGINEER. the best of ENGINEER’s knowledge, information and belief: a. the Work has progressed to the point 14.02 Progress Payments indicated; A. Applications for Payments b. the quality of the Work is generally in accordance with the Contract Documents (subject to an 1. At least 20 days before the date established for evaluation of the Work as a functioning whole prior to each progress payment (but not more often than once a or upon Substantial Completion, to the results of any month), CONTRACTOR shall submit to ENGINEER for subsequent tests called for in the Contract Documents, review an Application for Payment filled out and signed by to a final determination of quantities and classifications CONTRACTOR covering the Work completed as of the for Unit Price Work under paragraph 9.08, and to any date of the Application and accompanied by such other qualifications stated in the recommendation); and supporting documentation as is required by the Contract Documents. If payment is requested on the basis of c. the conditions precedent to CONTRACTOR’s materials and equipment not incorporated in the Work but being entitled to such payment appear to have been delivered and suitably stored at the Site or at another fulfilled in so far as it is ENGINEER’s responsibility to location agreed to in writing, the Application for Payment observe the Work. shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the 3. By recommending any such payment ENGINEER materials and equipment free and clear of all Liens and shall not thereby be deemed to have represented that: (i) evidence that the materials and equipment are covered by inspections made to check the quality or the quantity of the appropriate property insurance or other arrangements to Work as it has been performed have been exhaustive, protect OWNER’s interest therein, all of which must be extended to every aspect of the Work in progress, or satisfactory to OWNER. involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the 2. Beginning with the second Application for Contract Documents; or (ii) that there may not be other Payment, each Application shall include an affidavit of matters or issues between the parties that might entitle 00-700-33 CONTRACTOR to be paid additionally by OWNER or d. OWNER has actual knowledge of the entitle OWNER to withhold payment to CONTRACTOR. occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or 4. ENGINEER may refuse to recommend the whole paragraph 15.02.A. or any part of any payment if, in ENGINEER’s opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also 14.03 CONTRACTOR’s Warranty of Title refuse to recommend any such payment or, because of subsequently discovered evidence or the results of A. CONTRACTOR warrants and guarantees that title to subsequent inspections or tests, revise or revoke any such all Work, materials, and equipment covered by any Application payment recommendation previously made, to such extent for Payment, whether incorporated in the Project or not, shall as may be necessary in ENGINEER’s opinion to protect pass to OWNER no later than the time of payment free and clear OWNER from loss because: of all Liens. a. the Work is defective, or completed Work has 14.04 Substantial Completion been damaged, requiring correction or replacement; A. When CONTRACTOR considers the entire Work b. the Contract Price has been reduced by ready for its intended use CONTRACTOR shall notify OWNER Written Amendment or Change Orders; and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by c. OWNER has been required to correct CONTRACTOR as incomplete) and request that ENGINEER defective Work or complete Work in accordance with issue a certificate of Substantial Completion. Promptly paragraph 13.09; or thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of d. ENGINEER has actual knowledge of the completion. If ENGINEER does not consider the Work occurrence of any of the events enumerated in substantially complete, ENGINEER shall notify paragraph 15.02.A. CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, C. Payment Becomes Due ENGINEER shall prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of 1. Within 30 days after presentation of the Substantial Completion. There shall be attached to the Application for Payment to OWNER with ENGINEER’s certificate a tentative list of items to be completed or corrected recommendation, the amount recommended shall (subject before final payment. OWNER shall have fourteen days after to the provisions of paragraph 14.02.D) become due, and receipt of the tentative certificate during which to make written when due shall be paid by OWNER to CONTRACTOR. objection to ENGINEER as to any provisions of the certificate or D. Reduction in Payment attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, 1. OWNER may refuse to make payment of the full ENGINEER shall within 14 days after submission of the amount recommended by ENGINEER because: tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of a. claims have been made against OWNER on OWNER’s objections, ENGINEER considers the Work account of CONTRACTOR’s performance or substantially complete, ENGINEER shall within said 14 days furnishing of the Work; execute and deliver to OWNER and CONTRACTOR a definitive and final certificate of Substantial Completion (with a b. Liens have been filed in connection with the revised tentative list of items to be completed or corrected) Work; reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any c. there are other items entitling OWNER to a objections from OWNER. At the time of delivery of the set-off against the amount recommended, including, but tentative certificate of Substantial Completion ENGINEER shall not limited to, the failure of Contractor to provide any deliver to OWNER and CONTRACTOR a written lien waivers and/or certifications which may be recommendation as to division of responsibilities pending final required by Owner or as a result of Owner's payments payment between OWNER and CONTRACTOR with respect to to subcontractors pursuant to the provisions of the security, operation, safety, and protection of the Work, Contract Documents; or maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior 00-700-34 to ENGINEER’s issuing the definitive and final certificate of A. Upon written notice from CONTRACTOR that the Substantial Completion, ENGINEER’s aforesaid entire Work or an agreed portion thereof is complete, recommendation shall be binding on OWNER and ENGINEER shall promptly make a final inspection with CONTRACTOR until final payment. OWNER and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that B. OWNER shall have the right to exclude the Work is incomplete or defective. CONTRACTOR shall CONTRACTOR from the Site after the date of Substantial immediately take such measures as are necessary to complete Completion, but OWNER shall allow CONTRACTOR such Work or remedy such deficiencies. reasonable access to complete or correct items on the tentative list. 14.07 Final Payment 14.05 Partial Utilization A. Application for Payment A. Use by OWNER at OWNER’s option of any 1. After CONTRACTOR has, in the opinion of substantially completed part of the Work that has specifically ENGINEER, satisfactorily completed all corrections been identified in the Contract Documents, or which OWNER, identified during the final inspection and has delivered, in ENGINEER, and CONTRACTOR agree constitutes a separately accordance with the Contract Documents, all maintenance functioning and usable part of the Work that can be used by and operating instructions, schedules, guarantees, Bonds, OWNER for its intended purpose without significant certificates or other evidence of insurance certificates of interference with CONTRACTOR’s performance of the inspection, marked-up record documents (as provided in remainder of the Work, may be accomplished prior to paragraph 6.12), and other documents, CONTRACTOR Substantial Completion of all the Work subject to the following may make application for final payment following the conditions. procedure for progress payments. 1. OWNER at any time may request CONTRACTOR 2. The final Application for Payment shall be in writing to permit OWNER to use any such part of the accompanied (except as previously delivered) by: (i) all Work which OWNER believes to be ready for its intended documentation called for in the Contract Documents, use and substantially complete. If CONTRACTOR agrees including but not limited to the evidence of insurance that such part of the Work is substantially complete, required by subparagraph 5.04.B.7; (ii) consent of the CONTRACTOR shall certify to OWNER and ENGINEER surety, if any, to final payment; and (iii) complete and that such part of the Work is substantially complete and legally effective releases or waivers (satisfactory to request ENGINEER to issue a certificate of Substantial OWNER) of all Lien rights arising out of or Liens filed in Completion for that part of the Work. CONTRACTOR at connection with the Work. any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work B. Review of Application and Acceptance ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial 1. If, on the basis of ENGINEER’s observation of the Completion for that part of the Work. Within a reasonable Work during construction and final inspection, and time after either such request, OWNER, CONTRACTOR, ENGINEER’s review of the final Application for Payment and ENGINEER shall make an inspection of that part of the and accompanying documentation as required by the Work to determine its status of completion. If ENGINEER Contract Documents, ENGINEER is satisfied that the Work does not consider that part of the Work to be substantially has been completed and CONTRACTOR’s other complete, ENGINEER shall notify OWNER and obligations under the Contract Documents have been CONTRACTOR in writing giving the reasons therefor. If fulfilled, ENGINEER shall, within ten days after receipt of ENGINEER considers that part of the Work to be the final Application for Payment, indicate in writing substantially complete, the provisions of paragraph 14.04 ENGINEER’s recommendation of payment and present the shall apply with respect to certification of Substantial Application for Payment to OWNER for payment. At the Completion of that part of the Work and the division of same time ENGINEER shall also give written notice to responsibility in respect thereof and access thereto. OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, 2. No occupancy or separate operation of part of the ENGINEER shall return the Application for Payment to Work may occur prior to compliance with the requirements CONTRACTOR, indicating in writing the reasons for of paragraph 5.10 regarding property insurance. refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and 14.06 Final Inspection resubmit the Application for Payment. 00-700-35  C. Payment Becomes Due services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all 1. Thirty days after the presentation to OWNER of CONTRACTOR’s tools, appliances, construction equipment, the Application for Payment and accompanying and machinery at the Site, and use the same to the full extent they documentation, the amount recommended by ENGINEER could be used by CONTRACTOR (without liability to shall become due and, when due, shall be paid by OWNER CONTRACTOR for trespass or conversion), incorporate in the to CONTRACTOR. Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem 14.08 Waiver of Claims expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the A. The making and acceptance of final payment shall unpaid balance of the Contract Price exceeds all claims, costs, constitute: losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 1. a waiver of all Claims by OWNER against professionals and all court or arbitration or other dispute CONTRACTOR, except Claims arising from unsettled resolution costs) sustained by OWNER arising out of or relating Liens, from defective Work appearing after final inspection to completing the Work, such excess shall be paid to pursuant to paragraph 14.06, from failure to comply with CONTRACTOR. If such claims, costs, losses, and damages the Contract Documents or the terms of any special exceed such unpaid balance, CONTRACTOR shall pay the guarantees specified therein, or from CONTRACTOR’s difference to OWNER. Such claims, costs, losses, and damages continuing obligations under the Contract Documents; and incurred by OWNER shall be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, 2. a waiver of all Claims by CONTRACTOR against incorporated in a Change Order. When exercising any rights or OWNER other than those previously made in writing which remedies under this paragraph OWNER shall not be required to are still unsettled. obtain the lowest price for the Work performed. C. Where CONTRACTOR’s services have been so ARTICLE 15 - TERMINATION terminated by OWNER, the termination shall not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER shall not 15.01 OWNER May Terminate for Cause release CONTRACTOR from liability. A. The occurrence of any one or more of the following 15.02 OWNER May Terminate For Convenience events shall justify termination for cause: A. Upon seven days written notice to CONTRACTOR and 1. CONTRACTOR’s persistent failure to perform ENGINEER, OWNER may, without cause and without the Work in accordance with the Contract Documents prejudice to any other right or remedy of OWNER, elect to (including, but not limited to, failure to supply sufficient terminate the Contract. In such case, CONTRACTOR shall be skilled workers or suitable materials or equipment or failure paid (without duplication of any items): to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to 1. for completed and acceptable Work executed in paragraph 6.04); accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable 2. CONTRACTOR’s disregard of Laws or sums for overhead and profit on such Work; Regulations of any public body having jurisdiction; 2. for expenses sustained prior to the effective date of 3. CONTRACTOR’s disregard of the authority of termination in performing services and furnishing labor, ENGINEER; or materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair 4. CONTRACTOR’s violation in any substantial and reasonable sums for overhead and profit on such way of any provisions of the Contract Documents. expenses; B. If one or more of the events identified in paragraph 3. for all claims, costs, losses, and damages 15.01.A occur, OWNER may, after giving CONTRACTOR (including but not limited to all fees and charges of (and the surety, if any) seven days written notice, terminate the engineers, architects, attorneys, and other professionals and 00-700-36  all court or arbitration or other dispute resolution costs) provided however, that the provisions of this paragraph shall not incurred in settlement of terminated contracts with apply to any provision in the contract documents which provide Subcontractors, Suppliers, and others; and for liquidated damages. Any such contract documents which make reference to liquidated damages shall have such liquidated 4. for reasonable expenses directly attributable to damages apply as the sole recourse available to City for termination. damages. B. CONTRACTOR shall not be paid on account of loss of 17.04 Survival of Obligations anticipated profits or revenue or other economic loss arising out of or resulting from such termination. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the ARTICLE 16 - DISPUTE RESOLUTION Contract Documents, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion, and acceptance of the Work or termination 16.01 Methods and Procedures or completion of the Agreement. A. This Agreement shall be subject to and governed by the 17.05 Controlling Law laws of the State of Illinois. Venue for the resolution of any dispute or the enforcement of any rights pursuant to this A. This Contract is to be governed by the law of Illinois. Agreement shall be in the Circuit Court of Kane County. 17.06 Professional Fees and Court Costs Included ARTICLE 17 - MISCELLANEOUS A. Whenever reference is made to Aclaims, costs, losses and damages, it shall specifically exclude all fees and charges of attorneys and all court or dispute resolution costs. 17.01 Giving Notice 17.07 Prevailing Wage Rates A. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have A. CONTRACTOR shall comply with the attached been validly given if delivered in person to the individual or to a prevailing wage rates as determined by the Illinois Department member of the firm or to an officer of the corporation for whom of Labor. it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply; 00-700-37  ATTACHMENT C Supplementary Conditions Regarding Insurance Insurance Requirements: Contractor agrees to obtain, furnish, and maintain in full force and effect during the entire term of this Agreement, at its sole cost, the insurance coverages outlined herein. All of said insurance shall be written by, and secured from, companies approved to do business and issue insurance in the State of Illinois and must be rated "A-" or better, in accordance with the latest edition of Best's Insurance Guide, published by A.M. Best Company, Inc. or its equivalent. The comprehensive general liability insurance shall be endorsed to include independent contractors, contractual liability, personal injury, products/completed operations liability, broad from property damage, and cross liability and severability of interest provisions. Policies provided hereunder shall not contain XCU exclusions relating to explosion, collapse and underground property damage. All liability insurance shall be written on an occurrence basis. Automobile liability insurance should include coverage for all owned, non-owned, hired and leased vehicles. All insurance policies shall be written in the name of the contractor and such insurance shall be primary and noncontributory with any insurance or self-insurance program afforded to the City of Elgin. Comprehensive Liability General Aggregate $2 Million Products Completed Operations Aggregate $2 Million Personal Injury and Advertising Limit $1 Million Each Occurrence $1 Million Automobile Liability Combined Single Limit $1 Million Umbrella Liability Each Occurrence $2 Million General Aggregate $2 Million Worker's Compensation Statutory As required by state law Employer's Liability $1,000,000 Each Accident $1,000,000 Each Emp for Disease $1,000,000 Policy Limit for Disease The Contractor may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of liability required in accordance with the requirements set forth above. The comprehensive liability and umbrella policies must name the City of Elgin as additional insured. The workers' compensation policy shall include a waiver of subrogation in favor of the City. The Contractor shall be responsible for and shall bear the risk of loss and damage to any property of Contractor and any property for which it is responsible or in its care, custody, or contract, wherever located. Any insurance provided for such property shall be solely at Contractor's expense. Prior to the commencement of any work under this Agreement, Contractor shall furnish Certificates of Insurance acceptable to the City and conforming to the insurance coverage required herein. The policy cancellation notification provision will provide the City with at least thirty (30) days written notice in the event of cancellation or material change. The City reserves the right, at its sole discretion, to amend the insurance requirements contained herein. 2