GENERAL CONDITIONS

SERVICES

1.0 GENERALLY

1.1 DEFINITIONS

The following terms as used in these contract documents are defined as follows:

a. "City" – City of Joliet, Illinois

b. "City's Representative" – That person or entity authorized by the City to act, give or receive information and direct the project in the City's behalf within the scope of the contract terms; in this contract.

ALLISON SWISHER, DIRECTOR OF PUBLIC UTILITIES

c. "Contract Documents" – Includes Notice to Bidders, Instructions to bidders, General Conditions, Proposal (only to the extent they do not limit or modify other contract documents), Special Conditions, Specifications, Addenda, Drawings and Contract.

d. "Contractor" - The person, firm or corporation to whom the contract is awarded by the Owner and who is subject to the terms thereof.

e. "Subcontractor" - A person, firm or corporation, other than a contractor, supplying labor and materials or labor for work at the site of the project.

f. "Project" - The entire public improvements proposed by the Owner to be constructed in part or in whole pursuant to the contract.

g. "Owner" - City of Joliet, Illinois

h. "Surety" - Any person, firm or corporation that has executed as Surety, the contractor's performance bond securing the performance of the Contract.

i. "Work" – the construction or installation required or reasonably inferred by the contract documents, including all labor, materials and equipment.

In interpreting the contract documents, words describing materials or words which have well-known technical or trade meaning, unless specifically defined in the contract documents, shall be constructed in accordance with such well known meaning recognized by architects, engineers or the trade.

1.2 INTENT OF THE CONTRACT DOCUMENTS

The contact documents are complimentary 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 contract price the cost of all labor and materials, equipment, transportation and all other expense as may be necessary for the proper execution of the work. If certain contract documents appear to be in conflict, the Contractor shall promptly bring these provisions to the attention of the City and the City shall determine the application provision.

1.3 PATENTS

a. The Contractor shall hold and save the Owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents.

b. License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner in writing must be reasonable, and paid to the holder of the patent, or his authorized license, directly by the Owner and not by or through the Contractor. Such fee shall be included in the contract price.

1.4 PERMITS AND REGULATIONS

a. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license and easements for permanent structures or permanent changes in existing facilities shall be secured and paid by the Owner, unless otherwise specified.

b. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified.

1.5 SUBCONTRACTS - NOTIFICATIONS

Prior to the beginning of work, the Contractor shall notify the City in writing of the names of the sub-contractors proposed for the principal parts of the work, and shall not employ any sub-contractor that the City objects to as incompetent or unfit.

1.6 ASSIGNMENT

The Contractor shall not assign this Contract or any part hereof without prior written consent of the City. No assignment of this Contract shall be effective unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons, firms or corporations rendering such services or supplying such materials.

1.7 NOTICE

Where in any of the Contract documents there is any provision with respect to the giving of any notice, such notices shall be deemed to have been given, as to the City, when written notice shall have been delivered personally to the City Clerk, or shall have been placed in the United States mails, postage fully prepaid, addressed to the City Manager of the City of Joliet, 150 W. Jefferson Street, Joliet, Illinois; as to the contractor when written notice shall have been delivered to any officer of the Contractor or when a written notice shall have been placed in the United States Mails, postage prepaid, addressed to the Contractor, at the place stated in the papers prepared by him to accompany his proposal as the address of this permanent place of business; as to the Surety on the Performance Bond, when a written notice is placed in the United States mails addressed to the Surety at the home office of such Surety or to its agent or agents who executed such Performance bond in behalf of such Surety.

2.0 TIME

2.1 PROGRESS SCHEDULE

Within two (2) days after the notice to proceed has been issued, the Contractor shall supply to the City a written progress schedule specifying when the various phases of the work are to be completed. Such schedule shall be posted at all times at the site of the work and strictly adhered to.

2.2 BEGINNING WORK

The Contractor shall begin the work within five (5) calendar days after the contract has been executed by the City and notice has been given to him.

2.3 COMPLETION OF WORK

The Contractor shall fully complete the work to the satisfaction of the City within the time period specified in the proposal. Time is the essence of this agreement. All work shall be prosecuted in an orderly and diligent manner. The Contractor shall cooperate with and conform to the requests of the City to expedite particular portions of the work where such alteration of the Contractor's operation is deemed advisable by the City.

In the event no notice has been given but the work has nevertheless commenced, then such time shall begin to run from the actual commencement of the work.

2.4 DELAYS

If the Contractor is delayed in the completion of the work by any act of neglect of the City or by any other Contractor employed by the City, or by strikes, fire, lockouts, unavoidable casualties or any cause beyond the Contractor's control, then the time of completion will be extended for a reasonable time, such reasonable time as the City shall decide. The Contractor shall, within five (5) days from the beginning of any such delay, notify the City in writing of the cause of delay and therein specify the number of days of extension requested. If such request is not made as herein provided, it shall be deemed waived. Weather conditions shall not be a justifiable cause for delay.

2.5 PROGRESS REPORTS

No less then bi-weekly, the contractor shall meet with the City's representative on the City's premises to detail performance on the work and to report on compliance or noncompliance with the progress schedule. If in the opinion of the City, the Contractor has fallen behind the progress schedule, the Contractor shall take such steps as may be necessary to improve the progress. The City may require the contractor to increase the number of shifts or overtime operations without addition to the contract price.

2.6 LIQUIDATED DAMAGES FOR DELAY

As actual damages for any delay in completion of the work which the contractor is required to perform under this contract are impossible of determination, and the City and the public will suffer damage from delay in the completion of this contract, the Contractor and his sureties shall be liable for and shall pay to the City of Joliet, Illinois the sum of two hundred and fifty dollars ($250.00) as fixed, agreed and liquidated damages for each calendar day of unjustified deviation from the date specified in the proposal for completion.

3.0 PLANS, SPECIFICATIONS AND DRAWINGS

3.1 CONFORMITY

The work shall be executed in strict conformity with the plans, drawings and specifications, and the Contractor shall do no work without drawings and specifications.

3.2 AVAILABILITY AT SITE

The contractor shall keep a copy of all plans, drawings and specifications at the work site in good order.

3.3 CONSISTANCY

The several parts of the plans, drawings and specifications shall be taken and construed together to explain each other and make the whole consistent.

3.4 FIGURED DIMENSIONS TO GOVERN

Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated, shall be executed until necessary dimensions have been obtained from the City's Representative.

3.5 FAMILIARITY WITH SITE, PLANS, SPECIFICATIONS AND DRAWINGS

The Contractor represents that he has thoroughly acquainted himself as to the conditions of the site, both surface and subsurface, and with the meaning and accuracy of the plans, specifications and drawings. The Owner shall not be responsible for any claims made by the Contractor due to claimed unfamiliarity or inaccuracies.

3.6 ERRORS/AND OMISSIONS

If the Contractor discovers any error or omission in the plans, drawings, or specifications or in the work undertaken and performed by him, he shall immediately notify the City and the City shall promptly verify or correct the plans, drawings and specifications.

The Contractor's notification shall be writing and copy of his transmittal shall be forwarded to the Owner.

3.7 STANDARD SPECIFICATIONS

Reference to standard specifications of any technical society, organization, or association, or to codes of local, state or federal authorities, shall mean the latest standard, code specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise.

3.8 PRESERVATION OF MONUMENTS AND STAKES

The Contractor shall carefully preserve all monuments, benchmarks, reference points and stakes. In case of his destruction thereof, the Contractor will be charged with the expense of replacement, and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until they can be properly referenced for relocations. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks.

4.0 ACTUAL PERFORMANCE

4.1 SUPERINTENDENCE

The Contractor shall give his personal superintendence to the work and have at the site of the work at all times a competent foreman, superintendent, or other representative having authority to act for the Contractor.

4.2 EMPLOYEES

The Contractor shall not hire or keep in employment any incompetent employees.

4.3 CONTRACTOR COOPERATION

In the event that more than one Contractor is selected to implement the work, the Contractor agrees that he will cooperate fully with other Contractors. Each hereby agrees to make available to other Contractors all necessary documentation and information to enable the individual installations to be made efficiently and effectively.

4.4 MATERIALS AND WORKMANSHIP – QUALITY

(a) Materials: Unless otherwise specifically called for in the specifications, all equipment, materials and articles incorporated in the work covered by this contract shall be new and of the best grade. When called for by the City, the Contractor shall at no cost furnish to the City for approval full information concerning the materials, equipment or articles to be incorporated in the work, including reasonable samples or test results when customary.

(b) Workmanship: All work performed shall be performed and accomplished in a first class and workmanlike manner to the satisfaction of the City and in accordance with the best practice and standards recognized in the field.

4.5 MATERIALS AND WORKMANSHIP - GUARANTEE

The Contractor guarantees the equipment, materials, articles and workmanship used in the work or performed to be free from defects, suitable for the purpose intended and merchantable. He shall correct defective work and replace defective materials at his own cost which becomes apparent within one (1) year from the date such defective work or materials should have been reasonably discovered.

4.6 COMPLIANCE WITH LAW, NOTICES, PERMITS

The Contractor shall give all notices required by, and comply with all applicable laws and ordinances of the City or State of Illinois. Should the Contractor fail to observe the aforementioned laws or ordinances and do work at variance with any applicable law or ordinances, the Contractor shall correct the methods of doing such work without cost to the City, even if such deficiency is discovered after the date of final inspection or payment.

Upon execution of the contract by the City, the City shall simultaneously issue permits under the jurisdiction of the City necessary for the work to be performed.

4.7 WORKING HOURS

No work shall be done on Sundays, unless special order or permit shall be given by the City.

4.8 SANITARY FACILITIES

The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen, as the needs arise.

4.9 USE OF SITE

1. The Contractor shall confine his equipment, storage of materials and operations to the limits prescribed by ordinances or permits, or as may be directed by the City, and shall not unreasonably encumber the site.

2. The Contractor shall comply with all reasonable instructions of the City, and the ordinances and codes of the City regarding signs, advertising, fires, explosives, danger signals, barricades and fire prevention.

4.10 CUTTING AND PATCHING

a. The Contractor shall do all cutting, fitting, or patching of his work that may be required to make his several parts fit together or to receive the work of other Contractors shown upon, or reasonably implied by, the Plans and Specifications for the completed project and he shall make good after them as may be directed by the City.

b. Any cost caused by defective or ill-timed work shall be borne by the party responsible thereof.

c. The Contractor shall not cut, dig, burn, weld to or otherwise alter or modify the work of any other Contractor without the consent of the City.

d. All cutting, fitting or patching shall be accomplished by only skilled tradesmen in their respective craft area.

4.11 EXISTING MATERIALS

All existing materials and equipment removed under this contract shall remain the property of the City and shall be stored, removed or protected by the Contractor as directed by the City.

4.12 CLEANING UP

The Contractor shall at all times keep the site free from accumulations of waste materials or rubbish caused by his employees or the work, and at the completion of the wok he shall remove all his rubbish from the site and all his tools, equipment, scaffolding and surplus materials and shall leave his work clean and ready for use. In case of dispute the Owner may remove the rubbish and surplus materials and charge the cost to the Contractor.

4.13 STARTING IN OPERATION

Where required, the Contractor shall furnish a skilled operator to adjust and start all of the equipment installed and to put it in successful operation. After the equipment installed has been satisfactorily adjusted, the operator shall instruct the Owner's operators as to the proper methods of starting, adjusting and caring for the equipment furnished and installed under these specifications.

5.0 SAFETY AND PROTECTION

5.1 PROTECTION OF WORK

The Contractor shall continuously maintain adequate protection of all the work from damage and shall protect the City's and adjacent property from injury arising in connection with his contract.

5.2 CARE OF EXISTING PROPERTY

All sewer, water, gas or other pipes, wires, conduits, trees, shrubbery, fences and structures and other property shall be supported and protected from injury by the Contractor during the work performed under this contract. The Contractor shall be liable for all damages to such structures and property and shall save and keep the said Owner harmless from any liability or expense for injuries, damages or repairs to same.

5.3 ACCIDENT PREVENTION

The Contractor shall exercise all reasonable precaution at all times for the protection of all persons and property and shall be responsible for all damages to person or property, either on or off the site, which occur as a result of his fault or negligence in connection with the prosecution of the work. Final payment or inspection shall not be deemed a waiver or contractor's responsibility. The safety provisions of applicable laws and building and construction codes shall be observed and the contractor shall take or cause to be taken such additional safety and health measures as the City may determine to be reasonably necessary. Machinery, equipment all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable local laws or such other generally recognized accident prevention manual as is applicable in the trade.

5.4 OSHA

The Contractor shall observe and enforce upon subcontractors all applicable sections of the Occupational Safety and Health Act of 1970 as amended, and shall be subject to inspection by authorized officials for compliance.

5.5 OBSTRUCTION AND RESUMING TRAVEL

Travel upon the highway, streets or upon any intersecting street or alley shall not be hindered or inconvenienced needlessly nor shall any portion of a roadway or street be opened up nor shall the same be wholly obstructed without the direction of the City, in which latter case the Contractor shall cause plain and properly worded signs announcing the fact to be placed with proper barricades at the nearest cross streets where travel can pass around the same in the shortest and easiest way. Travel may be resumed at the direction of the City upon any part of the street, or portion thereof, where the work has been completed, whenever public necessity or inconvenience may require, and the condition of improvement warrants it.

5.6 SPECIAL REQUIREMENTS

a. FIRE PROTECTION Temporary heating devices which are of the open flame type, with the exposed fuel below the flames and using such fuels as coke, oil, or wood are strictly forbidden. Temporary heating devices shall not be left unattended while being operated at night or non-work days or shifts.

All tarpaulins used for enclosures around structures or work areas shall be flam proofed.

b. GROUNDING OF ELECTRICAL EQUIPMENT All electrical construction equipment, including portable hand tools and all other apparatus, shall be grounded by a separate ground conductor (other than the service cords) or by multiple cord containing separate grounding conductor, all in accordance with requirements of the latest edition of the National Electrical Code.

6.0 SUBCONTRACTORS

6.1 NO CONTRACTUAL RELATIONSHIP

Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the City.

6.2 APPLICABILITY OF CONTRACT DOCUMENTS

The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) and every subcontractor agrees to be bound by the terms of the contract documents as far as applicable to his work, unless specifically noted to the contrary in subcontract approved in writing as adequate by the City.

6.3 RESPONSIBILITY OF CONTRACTOR

The Contractor agrees to be fully responsible to the city for the acts or omissions of his subcontractors and of anyone employed directly or indirectly by him or them and this contract obligation shall be in addition to the liability imposed by law upon the contractor.

7.0 INSPECTION; CORRECTION

7.1 ACCESS; NOTICE

The City shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. The Contractor shall not cover or proceed with the work until such work has been inspected. The Contractor shall give the City adequate notice of readiness for inspection of any work ordinarily requiring inspection.

7.2 REJECTION

The City shall have the right to reject materials and workmanship which are defective or require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be removed from the premises both without charge o the City. If the contractor does not correct such defective work and remove rejected materials within a reasonable time, fixed by written notice, the City may remove them and charge the expense to the Contractor.

7.3 INSPECTION AFTER COMPLETION

Should it be considered necessary or advisable by the Owner at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials for that purpose and the costs thereof shall be charged to the Contractor if the work was covered prior to inspection by the City.

7.4 NO WAIVER BY INSPECTION

Neither the inspection of or payment for any provision in the contract documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship within the extent and period provided by law and upon written notice and he shall remove any defects due there from.

7.5 DECISION OF CITY

The signing of the contract for the work shall be considered the Contractor's agreement to accept the City's decision as final in all matters of workmanship and performance hereunder.

8.0 INSURANCE AND BONDS

8.1 CONTRACTOR'S INSURANCE

The contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until such insurance required of the subcontractor has been so obtained and approved, and a certificate from the insurance companies shall be filed with the City.

a. Statutory Liability Insurance Workman's Compensation and Occupational Disease, with statutory limits as prescribed by the State of Illinois and Employer's Liability Insurance with a limit of not less than $500,000.00 for all damage or bodily injury from one or more claims arising from each accident or occupational disease.

b. Comprehensive Liability Insurance This coverage shall be in the form of Comprehensive Liability Insurance which shall include protection against liability assumed in this contract and shall include protection against liability included in (1.)

and (2.) following:

1. Operations and Premises: Liability on account of:

a. Bodily injury to or death of persons or on account of damage to or destruction of property, resulting from execution of work provided for in this contract; or due or arising in any manner from any omission or any act or negligence of the Contractor or any Subcontractor and their respective employees or agents including damage to adjacent property.

b. bodily injury to or death of Contractor or any Subcontractor or any of their respective employees or agents, due to the condition or state or repair of the premises or other property of the City, upon about, or in connection with which any work incidental to the execution of this contract is performed.

c. Destruction or damage to personal or real property including but not limited to destruction or damage to the property of the City and non-parties to this contract.

2. Contractor's PROTECTIVE Liability; Liability for acts or omissions of any subcontractors, the Contractor may employ.

3. Limits of Coverage: Polices for Comprehensive General Liability Insurance under subparagraphs (1.) and (2.) above shall be written in the following limits of liability:

a. Bodily injury, including death resulting there from $1,000,000.00 for any one person injured or killed and $1,000,000.00 for any one accident or occurrence where more than one person is injured or killed.

b. Property damage of not less than $1,000,000.00 as a result of any one accident or occurrence subject to an aggregate limit of not less than $1,000,000.00.

c. Proof of Insurance before commencing work, the Contractor shall submit his Statutory Liability Insurance and Comprehensive Public Liability Insurance policies or certificates of insurance to the City for review and approval. He shall similarly submit his subcontractor's policies of similar insurance before each commences work. Such insurance will be carried with financially responsible insurance companies, licensed in the State of Illinois and shall be kept in force until the Contractor's work is accepted by the City. Contracts of insurance shall be for the duration of the contract.

d. City as Additional Insured All policies of insurance required hereunder shall contain an endorsement showing the City of Joliet as an additional insured under said policies.

8.2 PERFORMANCE BOND; LABOR AND MATERIAL PAYMENT BOND

The Contractor shall not commence work under this contract until he has obtained and submitted both a Performance Bond and a Labor and Material Payment bond to the City and such bonds have been approved by the City. Such bonds shall cover such performance, labor or materials used in the work whether by the Contractor or by any subcontractor. Sid bonds shall remain in full force and effect for the duration of the contract and during the term of any guaranty or warranty period required by the Contract Documents. The performance bond shall be conditioned on the full and faithful performance of the contract according to its terms and shall be in an amount of ONE HUNDRED PERCENT (100%) of the contract price.

9.0 ADDITIONAL PERFORMANCE SECURITY

9.1 RISK OF LOSS

The City assumes no responsibility for the existence or condition of surface or subsurface structures, property or conditions in the project area not for their continuance in the condition existing at the time of issuance of the Invitation for Bids or thereafter,. No adjustment or contract price or allowance for any change in conditions or unknown conditions shall be made.

9.2 HOLD HARMLESS

Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands. Suits, actions or proceedings of any kind or nature, including Workmen's Compensations Claims, of or by anyone whomsoever, in any way resulting from or arising out of the operations in connection of the performance of this contract, including operations of subcontractors and acts or omissions of employees or agents of Contractor or his subcontractors. The City shall have the right to estimate the amount of such claims, demands, suits, actions or proceedings for damage or injuries and pay the same, and any amounts so paid shall be deducted from the money due the contractor under this contract, or the whole or so much of the money due or to become due the Contractor under this contract, as may be considered necessary by the City, shall be retained by the City until such claims, demands, suits, actions or proceedings shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City, Insurance coverage specified in theses general specifications constitutes the minimum requirements and said requirements shall not lessen or limit the liability of Contractor under the terms of the Contract. Contractor shall procure and maintain at his own cost and expense, any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work.

9.3 TERMINATION

a. In the event the Contractor voluntarily petitions for bankruptcy, or is adjudge bankrupt or makes a general assignment for the benefit of his creditors or if a receiver is appointed on account of his insolvency, or in the event that any of the provisions of this contract are violated by the Contractor or by any of his subcontractors or the City reasonably believes such violation is likely, the City may serve written notice upon the contractor and the Surety of the intention to terminate such contract. Such notice shall contain the reasons for such intent to terminate the contract. Unless within five (5) days after the serving of such notice upon the contractor such violation shall cease and arrangements satisfactory to the City for correction be made, the contract shall upon expiration of said five (5) days cease and terminate with no further notice. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety, and the surety shall have the right to take over and perform the contract, provided, however, that if the Surety does not commence performance thereof within seven (7) days from the date of the mailing to such Surety notice of termination, the City may take over the work and prosecute the same completion at the expense of the Contractor, and the contractor and his Surety shall be liable to the City for any excess cost occasioned to the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials and equipment including those of the Contractor as may be on the site of work and necessary therefore.

b. In the event of termination, the Contractor shall pay to the City, all costs over and above the contract price expended by the City in the completion of the work and this obligation shall survive the termination of the contract. Such payment shall not preclude or waive the City's entitlement to additional damages or be construed as an election of remedies.

9.4 CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION

THEREOF

In addition to the payments to be retained by the City under the other provisions of these General conditions, the City may withhold a sufficient amount of any payment otherwise due to the Contractor to cover the following:

1. For claims arising in and from the performance of the work on the project under this contract.

2. For defective work not remedied.

3. For failure of the Contractor or subcontractors to make proper payments to his subcontractors and suppliers. The City shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment there from. The City will render to the Contractor a proper accounting of all such funds disbursed in behalf of the Contractor, and such payments shall be considered as payment made under the contract. The City shall not be liable to the contractor for any such payment made in good faith.

10.0 CHANGE ORDERS

10.1 CHANGE ORDER / DEFINED

A Change Order is defined as a written order by the City to the Contractor, issued after a contract has been executed, authorizing a change in the work to be performed thereunder, the amount of money to be paid under the contract, or the time within which the contract must be performed.

10.2 AUTHORITY TO BIND CITY

The City will be bound by and liable for only those change orders executed in the following manner:

a. The City Manager or his designee is hereby empowered to execute the following change orders:

1. Change orders which do not alter the scope or cost of the project.

2. Change orders which result in a reduction in cost, but do not alter the scope or quality of the project.

b. The City Manager or his designee is empowered to execute the following change orders without prior approval by the City Council, provided, however, he shall report such change orders to the City Council within two (2) weeks of such execution:

1. Change orders which result from emergency situations, defined as:

a. Any clear and present danger or hazard to health, safety or welfare, or;

b. A condition which would require the cessation of work on the project, if not immediately executed.

2. Change Orders which result in an additional project cost, if the accrued costs of all change orders to date does not exceed the lesser of $5,000.00 or ten percent of the original cost.

a. All change orders not included in (a.) or (b.) above shall be effective only after prior approval by a majority of the Council and the holding office. If such approval is given, the City Manager is hereby authorized to execute the change orders.

10.3 METHOD

The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from, the work. The contract sum shall be adjusted by the unit prices contained in the contract or if unit prices are not contained therein, by written agreement of the contractor and the City. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be effective except with the prior written consent of the City, except that verbal change orders may be authorized in emergency situations as defined herein.

10.4 WAIVER

The Contractor hereby waives any compensation for any change performed in the work which is not authorized as provided for herein.

11.0 PAYMENTS

11.1 APPLICATION FOR PARTIAL PAYMENTS; WAVIERS

The Contractor shall submit to the City applications for payment for work performed and materials incorporated in the work during the month, prior to the last day of the month following the month in which such work was performed. Such applications shall be accompanied by waivers or the equivalent from supplies of work or materials stating that such work or materials have been paid for by the Contractor. By submitting an application for payment, the Contractor warrants that all employees, subcontractors, and materialmen have been paid to date for the labor and materials contained in the application.

11.2 PAYMENT OF EMPLOYEES; PREVAILING WAGE RATES

NA

11.3 PARTIAL PAYMENTS BY THE CITY OF JOLIET

Not later than forty-five (45) days following the submission of the application for payment, the City shall pay to the Contractor for the amount of the work contained in the application which as been found by the City to have been actually performed less ten (10%) of such amount which shall be retained until final payment less other deductions authorized to be retained by other sections of these General Conditions.

11.4 FINAL PAYMENT

After final inspection by the City, the Contractor shall prepare his application for final payment and submit it to the City for approval. The application for final payment shall contain the total cost of the work as set forth in the proposal less all previous payments to the Contractor and be adjusted by the cost of all authorized change orders. Such application shall have attached thereto final lien waivers or the equivalent for all labor and materials incorporated into the work from all persons having supplied labor and materials under this contract. The City shall pay to the Contractor, not later than forty-five (45) days after such application is made, the amount which the City finds to be after such application is made, the amount which the City finds to be due and owing less deductions authorized by these General Conditions.

11.5 NO WAIVER

Neither by partial or final payment will the city be deemed to have waived any remedy for defective work or negligence on the part of the Contractor or any other portion of the contract which by its nature survives after the time of final payment.

12. 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.

13. 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 ordered by the City with the contract period at the unit price or prices bid.

c. Estimated Quantities: Where quantities are stated 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.

14. 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.

15. 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.

16. 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 contractor 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.

17. 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 by 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 Contractor 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.

18. 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 from the date of receipt of such copy, the Contractor mails or otherwise furnishes 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 a 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 offered an opportunity to be heard and to 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.

19. 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, truck, 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 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.

No Truck Deliveries will be accepted on Saturdays, Sundays, or City Holidays, unless previous arrangements have been made.

h. Additional Charges: Unless purchased F.O.B. shipping point and Contractor pre-pays transportation, no delivery charges shall be added to invoices except when express delivery is substituted soon 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 and 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 re-weighing 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 Finance Department, Purchasing Division 150 W. Jefferson Street Joliet, IL 60431

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 purchases shall be deducted from contract quantities.

Should 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 tin 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.

WELL 24D REHABILITATION SPECIFICATIONS

CITY OF JOLIET PUBLIC UTILITIES

GENERAL

SCOPE OF WORK

The work to be done hereunder includes the furnishing of all labor, material, transportation, tools, supplies, plant, equipment, and appurtenances unless hereinafter specifically excepted, necessary for the complete and satisfactory removal and replacement of the submersible vertical turbine well pump including the motor along with removal and disposal of the column pipes. Well 24D is located at 1301 Fairmount Ave, Joliet, IL.

PERMITS, CERTIFICATES, LAWS AND ORDINANCES

The Contractor shall, at his own expense, procure all permits, certificates and licenses required of him by law for the execution of the work. He shall comply with all federal, state, or local laws, ordinances or rules and regulations relating to the performances of the work.

LOCATION

The well to be serviced is located at 1301 Fairmount Ave., Joliet, IL.

LOCAL CONDITIONS

Any information regarding subsurface conditions is intended to assist the Contractor in preparing his bid. However, the Owner does not guarantee its accuracy, nor that it is necessarily indicative of conditions to be encountered in repairing the well hereunder, and the Contractor shall satisfy himself regarding all local conditions affecting his work by personal investigations, and neither the information contained in this section nor that derived from maps or plans or from the owner or his agents or employees, shall act to relieve the Contractor from any responsibility hereunder or from fulfilling any and all of the terms and requirements of his contract.

BOUNDARIES OF WORK

The Owner shall provide land or right-of-way for the work specified in this contract and make suitable provisions for ingress and egress, and the Contractor shall not enter on or occupy with men, tools, material, or equipment, any ground outside the property of the owner without the written consent of the owner of such ground. Other contractors and employees or agents of the owner may for all necessary purposes enter upon the work and premises used by the Contractor, and the Contractor shall conduct his work in a manner so as not to impede unnecessarily any work being done by others on or adjacent to the site.

PROTECTION OF THE SITE

Ex…