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The Forms are in pdf format and must be viewed, edited, or printed using Adobe Acrobat or Adobe Acrobat Reader.

DEFINITIONS:

Contractor. Contractor is the individual, partnership, firm corporation or other business entity entering into the Contract with SIU to perform the Work under the contract Documents and is identified as such in the Owner-Contractor Agreement.

Subcontractor. Subcontractor is a party having a direct contract with the Contractor to perform any of the Work.

Sub-Subcontractor. Sub-subcontractor is a party having a direct or indirect contract with the Subcontractor to perform any of the Work.

Supplier. Supplier is a party having a direct contract with the Contractor, Subcontractor, or Sub-subcontractor to furnish material or equipment of the Work.

PAYMENT:

  1. Contractor's Schedule of Values (CSV). The Contractor shall submit a schedule of values as the only basis for application for payment for approval by the Architect/Engineer (A/E) and Southern Illinois University (SIU). This schedule of values is an itemized breakdown of the cost of the contractor's work. The schedule of values shall be submitted to the A/E fourteen (14) calendar days prior to first application for payment. (to view or print CSV form, click here)
    1. Itemize overhead and profit, bonds, insurance, general requirements, mobilization, SIU construction administration fee.
    2. Itemize, by separate line item, the cost for work specified in each section of the project manual. Identify the work of Contractor's own labor forces, subcontractors, and major suppliers of products or equipment. List quantities of materials specified under unit prices.
    3. Break down installed costs into delivered cost of the product, with applicable taxes paid, and labor costs, excluding overhead and profit.
    4. The sum of all items listed in the schedule should equal the contract amount.
    5. Itemize by name and amount, all subcontractors and suppliers whose subcontracts will exceed $500, unless otherwise approved by the A/E and SIU and breakdown large amounts into increments that can be measured between pay periods.
    6. Revise to indicate any changes in the contract amount of subcontractors or suppliers, not for change orders.
  2. Progress Payments. SIU may make periodic payments for portions of the work as determined by SIU in consultation with the Architect/Engineer. Applications for progress payments shall include:
    1. Contractor's Affidavit and Sworn Statement (CASS Form - an affidavit itemizing the portions of the work performed); (to view or print CASS form, click here)
    2. Waiver(s) of Lien;
    3. Stored Material Log (SML Form) (if applicable):
      1. Copy of SIU's written approval for stored materials;
      2. Contractor evidence of title to such materials and equipment;
      3. Certificate of insurance showing SIU as an additional insured and showing the amount of the insurance coverage for the stored materials; and
      4. Letter from Contractor's surety indicating approval of payment of stored materials.
  3. Listing Stored Material. Any future payment of materials stored on-site or off-site will be limited to those materials listed in the schedule of values.
  4. Stored Material. SIU may make progress payments for materials and equipment not incorporated in the work. Payment will only be permitted when requested and approved in writing.
    1. he materials and equipment shall be delivered to and suitably stored at the site or some other location approved in writing by SIU.
    2. The Contractor shall convey and submit title to such materials and equipment to SIU within seven calendar days after receipt of payment for the material and equipment. This title shall include an itemization of all parts, components, etc., and the quantity of each.
    3. The care and custody of such materials and equipment and all costs incurred for movement and storage shall be the responsibility of the Contractor.
    4. The Contractor shall suitably insure the materials and equipment. The contractor shall submit a certificate of insurance showing SIU as an additional insured and showing the amount of the insurance coverage.
    5. Payment shall be restricted to the cost of the material to the installing contractor as supported by invoices from the manufacturer and/or equipment supplier.
    6. The Contractor shall supply written approval of surety for consent of payment for stored materials if payment is authorized by SIU for stored materials/equipment.
    7. Upon demand by SIU, the Contractor shall deliver paid for stored materials or equipment to the site and to SIU's possession, at the Contractor's expense.
    8. If the paid for materials or equipment is in the possession of a subcontractor or supplier who is a fabricator that has added value to the materials or equipment, and the Contractor has not paid the fabricator for the added value, SIU may issue a joint check to the Contractor and fabricator for the added value, and the fabricator or Contractor shall then be required to deliver the materials or equipment to the site and SIU's possession, at their expense. The fabricator shall provide a lien waiver within ten (10) calendar days of payment. If the Contractor has been paid for the value added, but has refused to pay the fabricator, the amount shall be deducted as a set-off.
  5. Lien Waivers.
    1. Partial lien waivers:(to view or print Partial lien waiver form, click here)
      1. Lien waivers are not required with first payment application if payment is less than 50% of the contract amount. Each subsequent payment application shall be accompanied by the Contractor's partial waiver, and by partial waivers from all subcontractors and suppliers who were included in the immediately preceding payment application, to the extent of that payment.
      2. Lien waivers from the Contractor and all subcontractors and suppliers shall accompany the first payment application when the amount of payment exceeds 50% of the total contract amount.
    2. Final lien waivers:(to view or print Final lien waiver form, click here)
      1. Final lien waivers in the full amount of their contracts from all subcontractors and suppliers for which final lien waivers have not previously been submitted.

      1. Final lien waivers are not required for subcontractors and suppliers whose subcontracts and purchase orders or agreements are less than $500 unless otherwise requested by the A/E and/or SIU.
  6. Payments to Subcontractors and Suppliers. The Contractor shall pay each subcontractor and supplier promptly upon receipt of payment from SIU an amount equal to the percentage of total contract completion allowed to the Contractor on account of performance by the subcontractor or supplier, less the retainage and less amounts previously paid to the subcontractor or supplier. The Prompt Payment Act (30 ILCS 540,74 IAC 900) requires payment to subcontractors and suppliers within fifteen (15) calendar days of receipt.
  7. Title. Title to all work, materials and equipment covered by a progress payment shall pass to SIU upon receipt of such payment by the Contractor. This provision shall not relieve the Contractor from the sole responsibility under the contract for all work, materials and equipment upon which payments have been made, maintaining insurance or for the restoration of all damaged work or as waiving the right of SIU to require fulfillment of all terms of the contract.
  8. Retention. SIU will retain 10% of each progress payment. Retention will not be withheld for bonds, insurance, and construction administration fee. After 50% of the work has been completed, and upon the recommendation of the A/E that the work is being performed in a satisfactory manner, SIU may reduce retention subject to consent of Contractor's surety. Retention may not be reduced if the contract is behind the approved schedule including extensions, or if substantial claims are outstanding against the Contractor or for other causes related to nonperformance.
  9. Withholding of Payments.
    1. SIU may withhold payments in whole or in part, if it reasonably determines that:
      1. the Contractor's work is not progressing in accordance with the most current construction schedule;
      2. work is not being performed in accordance with the contract documents;
      3. the Contractor is failing to comply with any provisions of the contract; or
      4. the Contractor or a subcontractor is under investigation by the Illinois Department of Labor for possible failure to pay prevailing wage benefits in accordance with the contract documents.
    2. Whenever SIU receives notices in writing of a claim of money due from the Contractor to any subcontractor, supplier, workers or employees for performance of work SIU may withhold the amount of such claim from the Contractor provided that such withholding shall not be construed as conferring any rights on such subcontractors, suppliers, workers or employees nor as enlarging or altering the application or effect of existing lien laws.
    3. SIU will notify the Contractor in writing and in accordance with the Prompt Payment Act (if applicable) when any payments are withheld. In the event of any withholding, SIU will promptly investigate the facts and will make payments when the grounds for withholding have been removed.
  10. Final Payment. Upon acceptance of all work by SIU, the remaining balance of the contract sum, including retainage, will be paid upon presentation of:
    1. Certificate of Final Acceptance;
    2. Contractor's Affidavit and Sworn Statement (CASS Form);
    3. Contractor's Final Declaration (CFD Form);
      1. Surety's Power of Attorney;
      2. Jurat (Notary's Statement Authenticating Signature);
    4. Final Waiver(s) of Lien;
      1. Contractor in full amount of its contract;
      2. Subcontractor(s)/Supplier(s) in the full amount of their contracts;
    5. Stored Material Log (SML Form) (if applicable);
    6. Warranties and Guarantees for punch list items;
    7. Certification of Operating and Training Instruction (if applicable); and
    8. Copy of transmittal letter to A/E for As-built drawings and O & M Manuals.
  11. Record Keeping. In accordance with 30 ILCS 505/6(I), the Contractor shall maintain, for a minimum of five years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, receipts and uses of all disbursements of funds passing in conjunction with the contract. These records shall be available for the review and audit by the Auditor General. The Contractor agrees to cooperate fully with any such audit and shall provide full access to all relevant materials. Failure to maintain the records required by this provision shall establish a presumption in favor of the state for the recovery of any funds paid by the State under the contract for which adequate records are not available through some fault of the Contractor to support their purported disbursement.