1-Scope 2955-0126.pdf

CITY OF JOLIET

GENERAL CONDITIONS

Materials, Supplies, Equipment

1. Definitions

The following terms when used in the Contract Documents shall be defined as follows:

"Contractor" – The legal entity to whom the contract is awarded by the City.

2. Intent of the Contract Documents

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract Documents is to include in the contact price the cost of all materials, equipment, bonds, transportation and all other expense as may be necessary for the complete performance of the contract according to the Contract Documents.

In interpreting the Contract Documents, words describing materials or words which has a well-known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be construed in accordance with such well known meaning recognized by architects, engineers or the trade.

3. Silence of Specifications

The apparent silence of the specifications as to any detail or apparent omission from it as detailed description concerning any point shall be interpreted as meaning that only the best commercial material or practice shall prevail and that only items of the best materials or workmanship are to be used.

4. Contract Quantities a.) Specific Quantities: Where quantities are specifically stated in the Contract Documents, the Contractor shall deliver and the City shall pay for only such quantities as therein stated.

b.) Requirements: Where quantities are stated in the Contract Documents in terms of requirements, the Contractor shall deliver all such quantities as are ordered by the City with the Contract period at the price or prices bid.

c.) Estimated Quantities: Where quantities are state in the Contract Documents in terms of estimated quantities, the Contractor shall supply that quantity as specified by the City within the limits of more or less than ten percent (10%) of the estimate quantity so specified.

5. Hold Harmless – Patents and Copyrights:

The Contractor shall defend and hold the City, its officers, agents and employees, harmless from liability of any nature or kind on account of use of any copyrighted or uncopyrighted composition, secret process, patented unpatented invention, article or appliance furnished or used under this Contract.

6. No use of City's Name:

The Contractor is specifically denied the right of using in any form or medium the name of the City for public advertising unless express written permission is granted by the City.

7. New Parts and Materials; Title:

Equipment and materials must be of current date (latest model or supply) and meet specifications. This provision excludes the use of surplus, re-manufactured or used products, either in part or in whole, except where the specifications explicitly provide therefore. Further, the Contractor warrants that it has lien free title to all equipment, supplies or materials purchased under the terms of this contract.

8. Subletting of Contract or Contract Funds:

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of his Contract or his right, title or interest therein, or his power to execute such Contract, to any other person, firm or corporation, without the previous written consent of the City, and in no case shall such consent relieve the Contractor from his obligations, or change the terms of the Contract.

9. Indemnity:

Contractor shall indemnify, keep and save harmless, the City, its agents, officials and employees, against all injuries, death, loss, damages, claims, including mechanic lien claims, suits, liabilities, judgments, settlements, costs and expenses, which may accrue against the City as result of activities or products under this Contract, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or his employees, of the subcontractor or his employees, if any or of the City, its employees; and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all cost and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the City in any such action, the Contractor shall at his own expense satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by the Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided.

10. Default:

The Contract in whole or in part may be terminated by the City by sending written notice of default to the Contractor upon non-performance or violation of contract terms and the award be made to next low bidder, or articles specified may be purchased on the open market. In either event, the defaulting Contractor and his surety shall pay to the city the costs in excess of the defaulted Contract prices; provided, that the Contactor shall continue the performance of his Contract to the extent not terminated under the provisions of this clause. The Contractor shall be given seven (7) days written notice prior to such termination.

11. Disputes:

Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Purchasing Agent shall be final and conclusive unless, within 30 days for the date of receipt of such copy, the Contractor mails or otherwise furnished to the Purchasing Agent a written appeal addressed to the City Manager. The decision of the City Manager or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Purchasing Agent's decision.

12. Warranty:

The Contractor warrants that the materials, supplies, or equipment provided under this Contract are fit for the particular purpose as set forth in the Contract Documents.

13. Performance Security:

The security shall be conditioned on the full and faithful performance of the Contract according to its terms and shall be drawn upon as partial liquidated damages, it being agreed that such sum is reasonable. If the amount of the bid security and performance security required are the same and the Contractor has posted a check for the bid security, the Contractor hereby agrees to allow said check to stand as the performance security as required by this paragraph.

14. Delivery:

a.) Shipping Instructions – Consignment: Unless otherwise specified in the bid, each container delivered under this Contract must be plainly stencil marked or securely tagged, stating the Contractor's name and purchase order number upon which furnished and delivery address as indicated in the order. In case of carload lots, the Contractor shall tag the car, stating Contractor's name and purchase order number. Any failure to comply with these instructions will place the material or equipment at the Contractor's risk.

Deliveries by rail, tuck, or otherwise, must be within the hours of 9:00 a.m. and 4:00 p.m.

and in ample time before closing. Deliveries at any other time will not be accepted unless specific arrangements have been previously made with the Purchasing Agent.

b.) Responsibility for Supplies Rendered: The Contractor shall bear the risk of loss for the materials, equipment, or supplies covered by Contract until they are delivered at the designated point, and the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the Contractor within five (5) days after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery.

Upon failure to do so within ten (10) days after date of notification the City may return the rejected materials or supplies to the Contractor at his risk and expense.

c.) Inspections: Inspection and acceptance of materials, equipment or supplies will be made after delivery at destination herein specified. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the City for such materials or supplies as are not in accordance with the specifications.

d.) Inspection at Premises: The City reserves the right to have inspectors on the premises of the manufacturers during the process of manufacture of any products being furnished under this Contract, for as long as may be considered necessary. All expenses of the inspectors shall be borne by the City, unless otherwise specified.

The presence of inspectors at the site of the manufacturers of the products shall not relieve the Contractors of responsibility for faulty workmanship of materials which may be discovered at any time after delivery and prior to final acceptance in accordance with the specifications.

e.) Compliance: Delivery must be made as ordered and in accordance with the bid or as directed by the City. If no delivery instructions appear on an order, it will be interpreted to mean prompt delivery required. The decision of the City as to reasonable compliance with delivery terms shall be final.

f.) Delay: Should the Contractor be delayed by the City for any cause, there shall be added to the time of completion a time equal to the period of such delay caused by the City. However, the Contractor shall not be entitled to claim damages or extra compensation for such delay or suspension.

Deliveries are to be made on or before date specified in the Contract Documents. Time is the essence of this Contract.

g.) Point of Destination: All materials shipped to the City must be shipped F.O.B. designated location, City of Joliet, Illinois. If delivery is made by truck, arrangements must be made in advance by the Contractor in order that the City may arrange for receipt of the materials. The materials must then be delivered where directed.

Truck deliveries will be accepted before 4:00 p.m. on week-days only. No deliveries will be accepted on Saturdays, Sundays, or holidays, unless previous arrangements have been made.

h.) Additional Charges: Unless purchased F.O.B. shipping point and Contractor prepays transportation, no delivery charges shall be added to invoices except when express delivery is substituted on order for less expensive method specified in Contract.

In such cases, difference between freight or mail and express charges may be added to invoice.

i.) Method of Containers: Unless otherwise specified, goods shall be delivered in commercial packages in standard commercial containers, so constructed as to insure acceptance by common or other carrier for safe transportation, at the lowest rate, to the point of delivery. Containers become the property of the City unless otherwise definitely specified by bidder.

j.) Weight Checking: Deliveries shall be subject to reweighing over official sealed scales designated by the City. Payment shall be made on the basis of net weight of materials delivered. Normal shrinkage may be allowed in such instances where shrinkage is possible. Net weights only, exclusive of containers or wrapping, shall be paid for by the City.

k.) Replacement: Materials or components that have been rejected by the City shall be replaced by the Contractor at no cost to the City.

l.) Rejected Shipments: All materials or equipment delivered and not conforming in every way to the Contract Documents shall be rejected. Such rejected shipments shall be removed within five (5) working days from City premises at the Contractor's expense and be replaced at no cost to the City with a shipment that meets specifications. The decision of the City as to quality or quantity of the delivery will be considered final.

m.) Packing Slips or Delivery Tickets: All shipments or deliveries shall be accompanied by packing slips or delivery tickets, and shall contain the following information for each item delivered:

The Purchase Order Number The Name of the Article and Stock Number (Supplier's) The City Identification Number The Quantity Ordered The Quantity Back Ordered The name of the Contractor n.) Invoices: Unless otherwise specified, vendor must submit single invoice copies for each shipment. If shipment is made by freight or express, original bill of lading properly receipted must be attached to invoice. Mail all invoices to:

City of Joliet Purchasing Division 150 W. Jefferson Street Joliet, Illinois 60432 o.) Delivery Failures: Failure of a Contractor to deliver within the time specified, or within reasonable time as interpreted by the City, or failure to make replacements of rejected articles when so requested, immediately or as directed by the City, shall constitute authority for the City to purchase in the open market articles of comparable grade to replace the articles rejected or not delivered. On all such purchases, the Contractor shall reimburse the City, within a reasonable time specified by the City, for any expense incurred in excess of contract prices. Such public necessity demand it, the City reserves the right to use or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the City.

p.) Non-Liability: The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike the transporting carrier, act of God, act of Government, act of an alien enemy or any other circumstances which the City's sole discretion are beyond the control of the Contractor under such circumstances, however, the City may in its discretion, terminate the Contract.

q.) Damages for Late Delivery: The City shall, in its sole discretion, deduct the amount of five percent (5%) of the original contract price for each day materials, supplies or equipment are not delivered in accord with the Contract Documents, said sum representing a reasonable sum and shall be construed as liquidated damages and not a forfeiture. If deduction is made under this clause, it shall be in addition to any other remedy under these conditions and not construed as an election.

15. Payments:

a.) Payments: Payments will be made after complete performance of contract in accordance with all provisions thereof and upon receipt by the Purchasing Division of properly executed invoice. Invoices shall be paid within sixty (60) days for delivery for supplies, material or equipment.

b.) Partial Payments: Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date.

Items which have not been delivered or accepted by the City shall not be vouchered for payment. Back orders shall not be invoiced by the supplier until shipment is made.

Prepayments, partial payments, prorated payments, advance payments and additional payments for goods or services shall not be allowed to the bidder.

c.) Payment for Equipment, Installation and Testing: Unless otherwise provided, when equipment involves installation (which shall also be interpreted to mean erection and/or setting up or placing in position for service or use) and test, and where such installation or testing is delayed, payment may be made on the basis of 50% of the price bid when such equipment is delivered on the site. A further allowance of 25% may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the supplier or if the equipment must be installed but testing is not required, payment may be made on the basis of 75% at the time of delivery and the balance shall be paid after satisfactory test or installation as required.

GENERAL CONDITIONS

TAX EXEMPTION:

a.) The City of Joliet, Illinois, is not liable for the Illinois Retailers Occupation Tax, the Service Occupation Tax or the Service Use Tax.

b.) Sales to the City of Joliet for materials and services are exempt from State and local taxes pursuant to Rule 40 of the Illinois Retailers Occupation Tax Rules, issued April 15, 1965. No charge will be allowed for taxes from which the City of Joliet, Illinois, is exempt.

c.) The City of Joliet is exempt from Federal Excise and Transportation Tax.

Our FEIN is 36-6088568; our Illinois Tax Exemption Identification Number is E 9992-5631- 06.

SPECIFICATIONS FOR FURNISHING BLENDED PHOSPHATE SOLUTION

PURCHASE - UTILITIES DEPARTMENT - CITY OF JOLIET, ILLINOIS

GENERAL

The liquid blended phosphate solution - 60% poly phosphate, 40% orthophosphate (Carus Aqua Mag 9400, Pristine SK-7641, Aqua Cros HC-2060, Hawkins LPC6, Viking Aqua King 1600 (Carus Aqua Mag 8400) furnished under this proposal shall meet the requirements of the Illinois Environmental Protection Agency. The Blended Phosphate Solution must be a minimum of 27% active and bidders must submit a Safety Data Sheet (SDS) for bided product. Product must conform to ANSI/NSF Standard 60. Any product not listed above must be submitted, to the Plant Operations Superintendent, no later than five (5) days before bid opening for pre-approval.

QUANTITY

The blended phosphate solution requirements of the Water Division fluctuate from year to year. Therefore, the City of Joliet will be obligated to pay only for actual quantities ordered by Purchase Order number.

Based on this year’s projections, it is estimated that 15,000 gallons of Blended phosphate solution will be required for 2026.

DELIVERY

The blended phosphate solution will be ordered as required in the exact quantities as requested by the Purchase Order. When delivering blended phosphate solution, the supplier will be required to provide 24-hour notice. This notice should be given to Mr.

Nicholas Gornick, Deputy Director Plant Operations at 815-724-3675.

• Bulk delivery

• The City will place a minimum order of 550 gallons per delivery

• See location list for specific sites and tank sizes

• Any and all spills made during the delivery of the product must be cleaned up by the vendor before leaving the premises.

PERIOD OF CONTRACT

Date of award is intended to be on January 20, 2026, at which time a Notice of Award Letter will be sent to the successful bidder. The Contract Period covered under this agreement shall be no earlier than February 1, 2026 and no later than the Termination Date of February 28, 2027. Extension of this agreement past the Termination Date shall be mutually agreed to by both parties.

PLEASE NOTE: THE PRICE OF BULK DELIVERY IS TO BE INCLUSIVE OF TRAVEL AND ANY CHARGES

FOR ADDITIONAL STOPS.

TERMINATION OF CONTRACT

The City of Joliet reserves the right to terminate this contract after January 1st of the following year and prior to the Termination Date stated in this agreement by providing 30 day written notice to the supplier. The extended 2 month period after January 1st of the following year is intended to ensure the City has a continuous supply of product during this transition period. In the event that the same supplier is the successful bidder the following year, the City shall provide a 30 day written notice of the effective Termination Date of this agreement.

PRICE

The prices given in the Proposal are to be FOB destination.

MULTIPLE CONTRACT DISCOUNT PRICE

NA

2025 EXTENSION OPTION

The City of Joliet is also soliciting proposals for calendar year 2027. In addition to the proposal for 2026, each bidder is required to submit a proposal for calendar year 2027.

The submittal of a proposal shall obligate the successful bidder to provide the services described in accordance with the proposal amount. At any time during 2026, the City and successful bidder shall mutually agree to extend the Contract to include calendar year 2027.

CURRENT LOCATIONS OF BULK DELIVERY SITES

(All Locations in Joliet, Illinois)

Fairmont & Garvin WTP 1301 Fairmount Avenue One – 500 Gal Tank Two – 100 Gal Tank

Black Road WTP 8301 Jones Rd Two – 500 Gal Tank

Well 11-D WTP Ingalls & Gale Drive Two – 100 Gal Tank

Well 10-D WTP 107 Twin Oaks Drive Two – 100 Gal Tank

Well 18-D WTP 4000 Channahon Rd One – 100 Gal Tank

Washington Street Well WTP 919 E. Washington Street One – 100 Gal Tank

Well 30-D WTP 2051 Oneida One – 100 Gal Tank

Well 12-D WTP 3340 Von Esch One – 100 Gal Tank

Well 15-D WTP 1900 Drauden Rd One – 100 Gal Tank

Well 16-D WTP 4401-4403 Mallard One – 100 Gal Tank

Well 29-D WTP 2501 W. Millsdale Rd One – 100 Gallon Tank

ADDITIONAL SITES MAY BE INCLUDED AT FUTURE DATES