R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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RIDER TO STANDARD FORM OFAGREEMENT BETWEEN OWNERAND CONTRACTOR WHERE THE BASIS FOR PAYMENT IS THE COST OF THE WORK PLUS A FEE WITH A NEGOTIATED GUARANTEED MAXIMUM PRICE AIA DOCUMENT Alll-1997 This Rider is attached to the Standard Form of Agreement between Owner and Contractor Where the Basis for Payment is the Cost of the Work Plus a Fee with a Negoriated Guaranteed Maximum Price, AIA Document Alll-1997 Edition, as modified ("Standard Form") between East Lake/Decatur, LLC, an Illinois limited liability company ("Owner") and Entler Excavating Co., Inc. ("Contractor"), dated v u 2 , 2003. If any term or condition of this Rider conflict with the terms and conditions set forth in the S dard Form Agreement, the terms and conditions of this Rider shall control. The term"Agreement" shall be deemed to include the provisions of this Rider,unless the contract clearly indicates to the contrary. Paragraph references in this Rider refer to the paragraphs contained in the Standard Form. Provision Chan�e Article 1 Following the first paragraph in Article 1,the following is hereby inserted: "Contractor shall maintain at the Site for Owner, Architect and Project Manager, one record copy of all drawings, specifications, addenda, Change Orders and other modifications, in good order and marked currently to record all changes made during construction and approved shop drawings, product data and samples. Contractor shall record on the record copy final locations of underground lines by depth from finish grade and by accurate horizontal offset distances to permanent surface improvements. Contractor shall require all Subcontractors as part of their Subcontracts to furnish as- built drawings complying with the foregoing requirements. All of the items shall be delivered to Owner upon complerion of the Work." 4.3 Following Paragraph 43,the following are hereby inserted: "4.4 By executing this Agreement, the Contractor conf'irms that the Contract Time includes an allowance for normally adverse weather and is a reasonable period for performing the Work. 4.5 Contractor agrees to adhere to the Project Schedule set forth in Exhibit E or as modified in accordance with Paragraph 12.13.2 in performing the Work, and material deviation therefrom shall be a breach by the Contractor of this Agreement. 5.1.2 Insert at the end of the first sentence: "The Contractor's Fee shall consist of the aggregate of the following percentages of the Cost of the Work: For Home Office Overhead 2% For General Job Condirions 6% For Profit 6% TOTAL 14% The Contractor's Fee includes profit, home office/general overhead costs, General Job Conditions (as defined in Exhibit B annexed hereto) and any other costs (including overtime unless approved in writing in advance by the Owner) incurred by the Contractor in connecrion with the Work not expressly payable to the Contractor under 1 Doc#:CHI01 (239130-00107)50130735v3:08/12/2003/Time:10:48