GENERAL CONDITIONS

CONSTRUCTION

1.0 GENERALLY

1.1 DEFINITIONS:

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

(a) “City” – City of Joliet

(b) “City Representative” – That person authorized 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:

______NICHOLAS C. GORNICK, PLANT OPERATIONS SUPERINTENDENT___

(c) “Contract Documents” – Includes Notice to Bidders, Instruction to Bidders, General Conditions, Proposal (only to be 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 trading 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 contract 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 expenses 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 applicable 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 – NOTIFICATION:

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 West 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 his 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 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 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 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 of 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 notifications shall be in 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 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 works 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, traffic, 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 therefore.

(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 be disposed by the contractor.

4.12 REMOVAL AND PREPARATION OF THE EXISTING CONCRETE:

The existing concrete shall be removed as shown on the Plan, or as directed by the Engineer, or as directed by the City Project Manager. Ends of the patch need not be squared but may follow the existing cracks, provided angles smaller than those shown on the Plan do not result.

Equipment and methods used for removing and prepping the existing concrete shall be such as to prevent cracking, shattering or spalling of the concrete remaining in place.

Concrete Preparation methods will be performed by grinding the existing concrete by approximately 1/8”.

Encountered Existing Reinforcement Bars are to be cleaned of all rust and dirt and oils;

and sandblasted – if necessary.

The Contractor WILL NOT be allowed to place concrete until the cleaned and prepped concrete is inspected and approved by the Engineer and/or the City Project Manager.

4.13 PLACING OF THE PROPOSED CONCRETE:

The Contractor WILL NOT be allowed to place the concrete overlay or coatings without the Engineer and/or the City Project Manager being present and on-site for the installation operation.

4.14 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 work 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.

4.15 STARTING IN OPERATIONS:

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 method 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 sewers, 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 persons 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 of contractor’s responsibility. The safety provisions of applicable law 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 and 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 flame 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 SUB-CONTRACTORS

6.1 NO CONTRACTUAL RELATIONSHIP:

Nothing contained in the contract documents shall create any contractual relationship between any sub-contractor and the City.

6.2 APPLICABILITY OF CONTRACT DOCUMENTS:

The Contractor agrees to bind every sub-contractor (and every sub-contractor of a sub-contractor) and every sub-contractor 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 a sub-contract 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 sub-contractors 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 required their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be removed from the premises both without charge to 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 therefrom.

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 sub-contractor to commence work on his sub-contract until such insurance required of the sub-contractor 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 $1,000,000.00 for all damages 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) Operation 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 of any Sub-contractor and their respective employees or agents, including damage to adjacent property.

(b) Bodily injury to or death of Contractor or any Sub-contractor 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 executive 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, destruction or damage to the property, homes or contents of the homes where the work is performed, and destruction or damage to the property of non-parties to this contract.

(2) Contractor’s Protective Liability: Liability for acts or omissions of any sub-contractors, the Contractor may employ.

(3) Limits of Coverage: Policies 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 therefrom $1,000,000.00 for any one accident or occurrence where one or more persons are 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 sub-contractor’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 shall contain an endorsement showing the City as an additional insured under said policies.

(e) Engineer as Additional Insured: All policies of insurance required shall contain an endorsement showing Engineering Solutions Team 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. Said 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.

The City reserves the right to require the successful bidder to supply a Performance Bond and a Labor and Materials Payment Bond issued by a surety authorized to do business in Illinois and having a current A.M. Best financial strength rating of not less than “A-“. The bonds shall be filed within ten (10) calendar days of acceptance of the bidder’s proposal by the City. The bonds unless otherwise specified by the Purchasing Manager, shall be 100% of the total contract price. The form of all bonds shall be subject6 to the approval of the Corporation Counsel of the City.

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 nor 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 and owners of the properties where the work is performed (hereinafter “Owners:) 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 and Owners from any and all claims, demands, suits, actions or proceedings of any kind or nature, including Workmen’s Compensation 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 sub-contractors and acts of omissions of employees or agents of Contractor or his sub-contractors. 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 these general specifications constitutes the minimum requirements and said requirements shall not lessen or limit 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 adjudged 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 sub-contractors 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 the 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 /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 of sub-contractors to make proper payments to his sub-contractors 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 therefrom. 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. 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 lessor of $5,000.00 or ten percent (10%) 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 holding offices. 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 adjusted as the time of ordering such change. No changes in the work 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. PAYMENTS

11.1 APPLICATION FOR PARTIAL PAYMENTS; WAIVERS:

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 suppliers 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, sub-contractors, and materialmen have been paid to date for the labor and materials contained in the application.

11.2 PAYMENT OF EMPLOYEES; PREVAILING WAGE RATES:

The Contractor, and its subcontractors, shall comply with the Prevailing Wage Act (820 ILCS 130/1 et seq.), as amended. The Contractor, and each subcontractor, shall keep, or cause to be kept, an accurate record showing the names and occupation of all laborers, workers and mechanics employed by the Contractor or its subcontractors, in connection with the Work and showing the actual hourly wages paid to each such person. The submittal of an invoice or payment request to the City shall constitute the Contractor’s certification to the City that all the wages paid for the work covered by the invoice or payment request have been paid in compliance with the Prevailing Wage Act.

Upon the written request of the City, the Contractor, and its subcontractors, shall provide a complete and accurate copy of the records establishing compliance with the Prevailing Wage Act and this paragraph.

This contract calls for the construction of a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et. seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at: http://www.state.il.us/agency/idol/rates/rates.HTM. All contractors and http://www.state.il.us/agency/idol/rates/rates.HTM subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties.

It is the responsibility of the contractor to check the above mentioned website for the most up to date wages for that month in which the work has taken place and to pay accordingly. Further, it is the responsibility of the contractor to supply the City of Joliet with certified payrolls for all work related to this contract. If you are unsure as to what a certified payroll sheet is that must be supplied, you may find one at the above mentioned website.

11.3 PARTIAL PAYMENTS BY THE CITY:

No 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 has been found by the City to have been actually performed less ten percent (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.

The Contractor is responsible to submit all appropriate partial waivers of lien, with each pay request.

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 due and owing less deductions authorized by these General Conditions.

11.5 NO WAIVERS:

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 the time of Final Payment.

12. ADDITIONAL REQUIREMENTS:

In addition to any other requirement, unless otherwise expressly stated in a bid solicitation or an award of contract, all bidders must comply with the following requirements in order to submit a bid or be awarded a contract and include satisfactory evidence thereof in its bid.

(a) The bidder shall be a duly organized legal entity in good standing with the Illinois Secretary of State and in compliance with all laws prerequisite to doing business in Illinois.

(b) The bidder shall have a valid Federal Employer Tax Identification Number or

Social Security Number.

(c) The bidder shall be an equal opportunity employer and comply with Section 2000(e) of Chapter 21, Title 42 of the United States Code and Executive Order No. 11246.

(d) The bidder shall provide certificates of insurance indicating the following coverages if called for in the bid solicitation: general liability, workers compensation, completed operations, automobile, hazardous occupation and product liability.

(e) The bidder shall comply with all provisions of the Illinois Prevailing Wage Act

(820 ILCS 130), including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.

(f) All contractors and sub-contractors performing services covered by the Illinois

Prevailing Wage Act shall submit to the City the certified payrolls required by the Act, as amended by Illinois Public Act 94-0515.

(g) For construction projects (construction of new facilities, renovation of existing facilities or road construction projects) over $25,000.00, the bidder must provide apprenticeship and training programs that are either registered with the United States Department of Labor’s Bureau of Apprenticeship and Training or are reasonably equivalent to such programs.

CITY OF JOLIET

SUPPLEMENTAL SPECIFICATIONS AND SPECIAL PROVISIONS

The following Supplemental Special Provisions supplement the City of Joliet Special Provisions and General Conditions adopted January 1, 2013, and the “Standard Specifications for Road and Bridge Construction, adopted January 1, 2012 and the latest edition for the “Illinois Manual on Uniform Traffic Control Device for Streets and Highways,” and the “Standard Specifications for Water and Sewer Main Construction in Illinois,” in effect on the date of invitation for bids. In case of conflict with any parts of said specifications, the said Supplemental Special Provisions shall take precedence and shall govern. The above named publications shall hereinafter be referred to as the “Standard Specifications” which apply to and govern the EASTSIDE WATEWATER PLANT FINAL

CLAIRIFIERS SLIDE GATES INSTALLTION.

LOCATION OF THE PROJECT

The project is located within the site of 815 Adler Street, Joliet, Illinois

SCOPE OF WORK

Removal and replacement of six (6) sludge pumps located in the following buildings:

Digester 4, Digester 1&2 and Alum building.

A lump sum price is requested in the Form of Proposal. Lump sum price shall be all inclusive.

REFER TO THE ATTACHED INSTALLATION NARRATIVES FOR FURTHER DETAILS.

REMOVAL

The contractor shall be responsible for removing the old pumps including all piping past the valves called out on the work narratives. The concrete bases shall be removed or modified to allow for the new pumps to be installed.

The City shall be responsible for all electrical removal.

REINSTALLATION.

The contractor shall be responsible for the installation of all pumps, piping and base modifications needed to satisfactory install the new pumps per the manufactures recommended installation.

The City shall be responsible for all electrical installation.

PROJECT SEQUENCING

Each work narrative includes a sequence per location.

CONTRACT TIME

The prices in this contract shall be valid until full completion of the project, or until the end of the calendar year (whichever is later). The contract shall expire on that date or once the contract’s full dollar value is reached, whichever occurs first, unless extended in writing or by change order. The City may terminate the contract at any time if the contractor is not meeting the expected schedule or quality of work.

CHANGE ORDERS

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.

PAYMENTS

All work, which is inspected and accepted by the Engineer, will be approved for payment, minus the retainage. The retainage will be 10% for this contract. The contractor shall notify the engineer daily of work completed to allow inspection time prior to request for payment. A lump sum payment will be made upon completion of all initial contract work and acceptance by the Engineer.

BASIS OF PAYMENT

The City will base payment on percentage of completed work and will not pay for downtime, overtime, or travel time. The cost for specialty items, which are outside the scope of the specifications, shall be negotiated prior to performing the work.

ALLOWANCE

An allowance of $25,000.00 has been included to cover unforeseen expenses associated with supplemental work items, whether included or not included in the schedule of prices.

SCHEDULE

The contractor shall be contacted in writing of the work locations and issued a NOTICE TO PROCEED. Upon receipt of this notice, the contractor shall have thirty (30) calendar days to complete the project. Failure to complete the work in the allotted time can result in the City of Joliet completing the work and deducting the cost from the contract. The Engineer may grant additional time due to extreme weather conditions. These include frost depths of greater than twenty-four (24) inches, thunderstorms, heavy snow, and wet soil that does not permit safe working conditions.

HORIZONTAL SCREW-CENTRIFUGAL PUMPS FOR Primary Sludge Pumps 1&2.

PART 1 GENERAL

1.1 DESCRIPTION

The Vendor shall furnish 2 horizontal, screw-centrifugal pump(s) and all appurtenances as specified in this section. The pump(s) shall be of heavy-duty construction intended for services requiring reliable solids handling, gentle pumping action, high efficiency, and low NSPHR.

PART 2 PRODUCTS

2.1 APPROVED MANUFACTURER

A. Pump shall be Model HSC3DS as manufactured by Vaughan Co., Inc.

B. It is the express intent of these specifications to accurately describe equipment that is a regular production item of the specified manufacturer, and that has a proven record of performance in identical or similar applications in other treatment facilities. The pump manufacturer shall have a minimum of twenty (20) years of documented experience in the design and production of wastewater pumps.

2.2 SERVICE CONDITIONS

The pumps specified in this section will pump sludge using the following design flow criteria:

GPM: 500 TDH: 50 HP: 10 RPM: 1750

2.3 PUMP CONSTRUCTION

A. Casing and Backplate: The pump casing shall be of volute design, spiraling outward to the ANSI CL

125 flanged centerline discharge. Casing & backplate shall be cast ductile iron with all water passages to be smooth, and free of blowholes and imperfections for good flow characteristics. A pressure tap shall be included on or near the discharge flange. Back pull-out design shall incorporate adjusting sleeves for accurate adjustment of impeller-to-suction cone clearance and shall allow removal of pump components without requiring disconnection of casing from inlet or discharge piping. Backplate shall include a replaceable Rockwell C 60 alloy steel insert cutter to cut against the impeller hub cutter for removing fiber and debris from behind the impeller.

B. Inlet Suction Cone: The inlet suction cone shall be cast ductile iron with all water passages to be smooth, and free of blowholes and imperfections for good flow characteristics. The suction cone shall incorporate a spiral groove to channel trapped fiber into the casing that would otherwise bind between the impeller OD and the inlet cone ID. Impeller to inlet cone clearance shall be externally adjustable without requiring special tools, pump disassembly or disconnection of piping.

C. Impeller: Shall be open channel, screw-centrifugal supported by rolling element bearings. The impeller shall be cast ductile iron and shall be dynamically balanced. The single-passage impeller shall combine the action of a positive displacement screw and a single-vane centrifugal impeller.

D. Impeller Hub Cutter: Shall be heat treated steel hardened to minimum Rockwell C60 and fitted into the impeller hub (except 3” model). Hub cutter clearance from the back-plate insert cutter shall be externally adjustable without requiring pump disassembly or special tools.

E. Pump Shafting: Shafting shall be heat treated alloy steel supported by rolling element bearings.

F. Bearings: Shall be oil-bath lubricated with ISO 46 hydraulic oil. Shaft thrust in both directions shall be taken up by tapered roller bearings, mounted in an adjustable position thrust bearing cartridge to permit upper cutter to hub cutter adjustment. Two adjacently mounted radial ball bearings shall also be provided. L-10 bearing life shall be minimum 100,000 hours at any acceptable operating point on the performance curve.

G. Bearing Housing: Shall be cast ductile iron and machined with piloted bearing fits for concentricity of all components. Bearing housing shall include a side-mounted site glass. Bronze non-contacting labyrinth style, O-ring mount bearing isolators shall be provided at each end of the bearing housing to prevent egress of oil and ingress of contaminants.

H. Mechanical Seal: The mechanical seal is to be manufactured and warranted by the pump manufacturer.