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85-1205 Tyler Creek-Alliance Contractors
STATE OF ILLINOIS CONTRACT 1. THIS AGREEMENT,made and concluded the C4 day of M\C` 19E5_between the City of_ Elgin Illinois acting by and through its Officers known as the party of the first part,and ALLIANCE CONTRACTORS , INC. his/their executors,administrators,successors or assigns,known as the party of the second part. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached. to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents. the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish.all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described,and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions,Proposal and Contract Bond hereto attached, and the Plans and specifications as prepared by the Consulting Engineer, RnhPrt H_ Anderson and Associates ,are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF,The said parties have executed these presents on the date above mentioned. Attest% The d.;, of E ^in Illinois X I�2.�� anA i ty Clerk By>1/1111EP art or the First Part TY MANAGER (Seal) (If a Corporation) Attest: Corporate Name ALL.IAN CONTRACTORS, INC. By O n .t: Secretary President Party or the Second Part (if a Co-Partnership) (Seal) (Corporate Sea!) (Seal) (Seal) Partners doing Business under the rum name of Party or the Second Part (If an Individual) (Seal) Party or the Second Pan SLR 5710 (4-84) • Bond No. U60 34 79 Municipality STATE OF ILLINOIS CITY OF FT.LTN CONTRACT BOND We ALLIANCE CONTRACTORS , INC. as PRINCIPAL, and UNITED PACIFIC INSURANCE COMPANY as SURETY, are held and firmly bound unto the above Local Agency (hereafter referred to as "LA") in the penal sum of SEVENTY FOUR THOUSAND AND NO/I00's Dollars ($ 74, 000. 00 ), lawful money of the United States, well and truly to be paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to the LA this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal hes entered into a written contract with the LA acting through its awarding authority for the construction of work on the above section, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company, or corporation suffered or sustained on account of the performance of such work . during the time thereof and until such work is completed and accepted; and has further agreed that this bond shall inure to the benefit of any person, firm, company, or corporation, to whom any money may be due from the Principal, subcontractor or otherwise, for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company, or corporation, for the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the LA and its awarding authority harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect. BLR 5711 (9-84) IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument tc, be signed by their respective officers and their corporate seals to be hereunto ?ffixea this 22nd day of NOVEMBER A.D. 1985 PRINCIPAL LANCE CONTRACTORS , INC. (Company Name) (seal) (Company Name) (seal) (30U By: tt ee�� By: CHALRES(SW.RUTH-PRESIDENT (Signature & Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names, sea;: and authorized signatures of each contractor must be affixed. ) SURETY ITED PACIFIC INSURAN:.;E COMPANY By: (Name of Surety) (seal ) (Signature o Atto ey-in-Fact) Sue Kuby STATE OF ILLINOIS, COUNTY OF DuPage I , Susan M. Caron , a Notary Public in and for said county, do hereby certify that Charles W. Ruth and Sue Kuby (Insert names of individuals signing on behalf of PRINCIPAL & SURETY) • who are each personally known to me to be the same persons whose names are subscribed to the foregoing in'st rument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they signed, sealed, and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 22nd day of NOVEMBERA.D. 19 85 . My commission expires 8-10-88 Notary Public Approved this 5th day of December , A.D. 19 85 Attest: (Awarding Authority) City Clerk CITY MANAGER 4 (Seal ) I UNITED PACIFIC INSURANCE COMPANY HOME OFFICE,FEDERAL WAY,WASHINGTON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the UNITED PACIFIC INSURANCE COMPANY,a corporation duly organized under the laws of the State of Washington,does hereby make,constitute and appoint G. A.;Morency, Glenn P. Sapa, Walter S. Kulesa, Richard T. Morency, William P. Weible, Valerie J. McKinley, Theresa A. Koch, Agnes A. Froemel, Susan M. Caron and Sue Kuby, individually, of Hinsdale, Illinois its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed any and all bonds and undertakings of Suretyship,__ and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakingsand other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7,1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII —EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company,bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof,and lb/ to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June,1979,at which a quorum was present,and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF,the UNITED PACIFIC INSURANCE COMPANY has caused these presents t•, •- si• .• •y its Vice ' 'dent/and its corporate seal to be hereto affixed,this 30th day of September 19 85 , UNITED P •IFIC I S 'ANCE OM' Y ,f,,p`C`�4. / WSEAL : Vice Presi• t 192S/ STATE OF Pennsylvania u. 40'�S `, Mlllo°*°• - COUNTY of Philadelphia • On this 30th day of September , 19 85,personally appeared Raymond MacNeil to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY,and acknowledged that he executed and attested the fore- going instrument and affixed the seal of said corporation thereto,and that Article VII,Sectio 1,2,and 3 • By-Laws of said Company, and the Resolution,set forth therein,are still in full force. unn, x' My Commission Expires: s /.. - / ; i - September 28 ,1987 N'Syl��� Notary Public in and for Stats of P .sylvania Residing at Philadelphia I, P. D. Crossetta , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY,do nerebv certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFiC INSURANCE COMPANY,Which is still in full force and effect. `s,, Insup,,4C IN WITNESS WHEREOF,I have hereunto sat my hand and affi id Company this 22nd day of Nove 1' 19 85• SEAL ! i \' � 90U-1431 Ed.6/79 .44i•sA°+♦ Assistant Secretary _ _ SET TAB STOPS AT ARROWS Of ® CERTIFICATE OF INSURANCE ISSUE DATE(MMIDD/Y'Y) 11-26-85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Morency, Weible & Sapa, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 950 York Road Hinsdale, IL. 60521 COMPANIES AFFORDING COVERAGE LETTER A Aetna Casualty & Surety Co. of Illinois INSURED LETTER Y S Federal Insurance Company Alliance Contractors, Inc. COMPANY 1166 Lake Avenue LETTER C Woodstock, IL. 60098 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY'LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDO/YY) DATE(MM/00/TY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY I COMPREHENSIVE FORM INJURY $ $ IIM PREMISES/OPERATIONS * 08 CO 015330 CCI 4-1-85 4-1-86 PROPERTY NilUNDERGROUNDDAMAGE $ $ EXPLOSION P.COLLAPSE HAZARD lid PRODUCTS/COMPLETED OPERATIONS III CONTRACTUAL COMBINED $ 500 $ 1,000 INDEPENDENT CONTRACTORS gal BROAD FORM PROPERTY DAMAGE Ird PERSONAL INJURY PERSONAL INJURY $ II AUTOMOBILE LIABILITY B LY I ANY AUTO I INJURPERSOI., $ 1111 ALL OWNED AUTOS(PRIV.PASS.) eca�y • ALL OWNED AUTOS OPTRIVHER PASSTHAM 08 FJ 5 0115 5 CCI 4-1-8 6 , RRA OO€RTI $ .1 4-1-85 HIRED AUTOS PROPERTY IN NON-OWNED AUTOS DAMAGE $ III GARAGE LIABILITY III CIdB500 COMBINED $ 111 EXCESS UABILITY © UMBRELLA FORM (86) 79254268 4-1-85 4-1-86 COMBINED el&Pp $ 7.000 $ 7,000 III OTHER THAN UMBRELLA FORM STATUTORY .- WORKERS'COMPENSATION I AND EMPLOYERS'LIABILITY 08 C 336305 CCI 4-1-85 4-1-86 $ I I (EACH ACCIDENT) 111 $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS * To be.na.ne4 as additional insured; ,. City of Elgiri& Robert H.Anderson & Ass T ler Creek Erosion ACI# 5125 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Elgin PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 150 Dexter Court MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE `,g, LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY EY t Elgin, Il 60120 OF ANY KIND UPON THE C• PANY ITS AGENTS •R REPRESE ATIVES. AUTHORIZED REPRESE ,,oplir- /� .t ACORD 25(8)84) ' 11R/ACORD CORPORATION SW 4' TYLER CREEK STREAM BANK STABILIZATION • 1738 WEST HIGHLAND AVENUE ELGIN, ILLINOIS 1985 NCTICE TO CONTRACTORS AND INSTRUCTIONS 70 E DDERS. PROPOSAL, AND SPECIAL PROVISIONS RO ERT H. ANDERSON & ASSOCIATES INC. CONSULT IN ENGIJ•%=EFTS 10 STATE AVENUE ST. CHARLES. ILLINOIS 1 NOTICE TO BIDDERS Sealed bids will be received by the Purchasing Agent of the City of Elgin, Illinois, until 11 :00 O'Clock A.M. C.D.S.T. , October 10 Tyler Creek Bank Stabilization/1738 West Highland Avenue, Elgin, Illinois and at that time the bids will be publicly opened and read in the Council Conference Room at the City Hall , 150 Dexter Court, Elgin, Illinois 60120. The work shall include 54 cubic yard rock filled gabion retaining wall , 13 cubic yards rock filled revetment mattress, 150 cubic yards topsoil , various landscaping and all other materials and labor necessary to complete the work. All proposals must be accompanied by a Certified or Cashier's Check or Bank Draft in an amount equal to at least five (5) percent of the bid, payable without condition to the City of Elgin, Illinois, which sum shall be forfeited in case the successful bidder fails to enter into a binding contract and pro- vide properly executed contract surety bond within ten (10) days after the date the contract has been awarded to him. Bid Bonds will be acceptable. The successful bidder shall be required to furnish a contract bond satisfactory to the City of Elgin by a surety company authorized to do business in the State of Illinois covering the full amount of his contract. Proposals may be withdrawn at any time prior to the hour of opening of bids, when requested in writing, but no proposal may be withdrawn after the time of opening of bids is past. Any proposal so withdrawn may not be re- submitted at the same letting. Each bidder shall satisfy the City as to his ability, financial and other- wise, to carry out the work. The right is reserved to reject any or all bids or to waive technicalities , and any informality in any bid. Copies of the plans, specifications, proposal and contract forms may be obtained from the Purchasing Agent, 150 Dexter Court, Elgin, Illinois for a nonrefundable fee of $20.00. Dated this 27th day of September, 1985. Michael A. Sarro Purchasing Agent City of Elgin TYLER CREEK STREAM BANK STABILIZATION 1738 WEST HIGHLAND AVENUE ELGIN, ILLINOIS 1985 PROPOSAL 1. Proposal of (Name and Address of Bidder; for the improvement, designated in Paragraph 2 below, by the construction of certain improvements to serve Tyler Creek Stream Bank Restoration, in Elgin, Illinois 2. The plans for the proposed improvement are those prepared by ROBERT H. ANDERSON ! ASSC:.It1TES. INC. . Consulting Engineers, 10 State Avenue, St. Charles, Illinois, which plans are designated as "Enoineerino Plans for Tyler Stream Bark Stabilization. 17:e West Hichland Averue. Elgin . Illinois" and which cover the work described in paragrach 1 above. The specifications herein referred to are the "Standard Specifications for Road and Bridge Construction" adopted Oct . 1 , 193: ty the Illinois Department of Transportation. 3. In submitting this proposal , the undersigned declares that the only persons or parties interested in the proposal as principals are those named herein , and that the proposal is made without collusion with any person, firm or corporation. 4. The undersigned further declares that he has carefully examined the proposal , plans, specifications, form of contract and contract bond included it the specifications, and special provisions and that he has inspected in detail the site of the proposed work , and that he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of construction, and understands that in making this proposal , he waives all right to plead any misunderstanding regarding the same. 5. The undersigned further understands and agrees that, if this proposal is accepted, he is to furnish and provide all necessary machinery, tools, apparatus and other means of construction, and to do all of the work, and to furnish all of the materials specified in the contract , except such materials as are to be furnished by the Owner in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. • w • P-1 6. The undersigned declares that he understands that the quantities mentioned are approximate only and that they are subject to increase or decrease; that he will take in full payment therefore the amount and the summation of the actual quantities, as finally determined, multiplied by the unit prices shown in the schedule of prices contained herein. 7. The undersigned further agrees that the unit prices submitted herewith are far the purposes of obtaining a gross sum, and for use in computing the value of extras and deduction; that, if there is a discrepancy between the gross sum bid and that resulting from the summation of the quantities multiplied by their respective unit prices, the latter shall apply. E. The undersigned further agrees that, if the Owner decides to extend or shorten the improvement, or otherwise alter it by extras or deductions, including the elimination of any one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased at the contract unit prices. 9. The undersigned further agrees that the Engineer may at any time during the progress of the work covered by this contract , order other work or materials incidental thereto and that all such work and materials as do not appear in the proposal or contract as a specific item accompanied by a unit price, and which are not included under the bid price for other items in this contract, shall be performed as extra work, and that he will accept as full compensation therefore the actual cost plus fifteen (15) percent, the actual cost to be determined as provided in the specifications which govern the particular division of work. 10. The undersigned further agrees to execute a contract fur this work and present the same to the Owner within fifteen (15) days after the date of notice of award of the contract to him. 11 . The undersigned further agrees that he and his surety will execute and present within fifteen (15) days after the date of notice of the award of contract, a contract bond satisfactory to and in the form prescribed to the . Owner, in the penal sum of the full amount of the contract , guaranteeing the faithful performance of the work in accordance with the terms of the contract. 12. The undersigned further agrees to begin work no later than ten (10) days after the execution and approval of the contract and contract bond, unless otherwise authorized or directed by the Owner, and to prosecute the work in such manner and with sufficient materials, equipment , and labor as will insure its completion within the time limit specified herein, it being understood and agreed that the completion within the time limit is an essential part of the contract. • P-2 The undersigned agrees tc complete the work within 60 cale;:dar days after the date of the execution of t:-:e contract by both parties, unless additional time shall be greaten by the F::gine:r in Accordance with the provisior.s of the speci •'ications. In case of failure to complete the work within the time nared herein or within such extra time as may have been allowed by extensions, the undersigned agrees that the Owner shall withhold from such suns as may be due him under the terms of this contract, added cost of engineerirg and supervision, additional finance charges, and other items which have caused an expenditure of 0 :per 's f;ands resulting from the failure of the un r:igned tc complete the work within the time specified in the contract. l3. Accompanying this prcoosal is either a bid bond on Department form BLR 57022 or a proposal guaranty check, compl`iin_ with the specifications, naje payable to the City Treasorer of E'oir: . The ancunt of the check is: (f ) . ATTACH FAP;;: DRAFT, PAN.:. CASHIER 'S :.HECK:, DR CERTIFIED CHECK HERE P TYLER CREEK STREAM BANK STABILIZATION The contractor hereby agrees to perform all items under the contract and to provide all necessary materials, labor, and equiprent for the construction of the project to be priced on a time and materials basis. The materials to be provided by the contractor for the construction of the project are: Material Project Item 120 Cubic Yards of Dirt Backfill Concrete and Steel Energy Dissipator Baskets and 54 Cubic Yards of Stone Rock-Filled Gabion Retain- ing Wall - P.V.C. Coated Baskets and 13 Cubic Yards of Stone Rock-Filled Gabion Revet- ment Mattress - P.V.C. Coated 54 Square Yards of Fabric Geotextile 150 Cubic Yards of Topsoil Topsoil The parties agree that all materials provided for the construction of the pro- ject shall be paid at invoice cost plus twenty percent (20 ) for handling and overhead. It is further tweed that all equipment and labor used in the construction of this project will be charged at the following rates: Equipment & Labor Rate Laborer $30.00/hr Carpenter 31.00/hr Foreman 32.00/hr Superintendent 32.00/hr 980 Case Endloader 85.00/hr W-24 Case Loader 80.00/hr Combination Backhoe 75.00/hr John Deere Dozer 75.00/hr Case Bobcat 65.00/hr 6-Wheeler Dmptruck 38.00/hr Semi Dump 44.00/hr Pickup 41.00/day Flatbed 88.00/day It is understood and hereby expressly agreed to by the parties to this contract that the maximum price to be paid to the contractor for all costs and charges for the construction and completion of the project under this contract, includ- ing but not limited to costs for all materials, equipment, and labor, shall not exceed a total of $74,000.00. P-4 • , (SEAL) (If an individual ) Signature of Bidder Business Address (SEAL) (If a co-partnership) Firm Name Signed by (SEAL) Business Address (Insert names and addresses of all members of the firm) (If a Corporation) Corporate Name ``ALL((IANCE, C TRACTORS , INC. (Corporate Seal ) Signed by OG��^K �`' President 1166 LAKE AVENUE, Business AdcressW00DSTOCK, IL 06098 (Insert nates of Officers) President CHARLES W.RUTH Secretary BARRY J.BORCHART Treasurer MICHAEL J.PAULSON AT Secretary P-5 CITY OF ELGIN GENERAL PROVISIONS SECTION 1. Definition of Terms 1.1 Department. The City of Elgin Department of Public Uorks. 1.2 Engineer. City Engineer of the City of Elgin. 1.3 Inspector. The authorized representative of the Engineer assif.re1 to make detailed inspection of any or all portions of the work or materials therefore. 1.4 Bidder. Any individual, firm-or corporation submitting a proposal for the work contemplated. 1.5 Contractor. The bidder awarded the contract for the work. 1.6 Surety. The corporate body, individual or individuals, which are to be responsible for the bidders acts during execution of the contract in the event of its being awarded to him, or which are bound with and for the contractor to insure his acceptable performance of the contract, his payment of all obligations pertaining to the work, and his fulfill- ment of such other conditions as may be specified or otherwise required by law. 1.7 Plans. All official drawings or reproductions of drawings pertaining to the work provided in the contract. 1.8 Specifications. The general and special provisions, special conditions and detailed specifications contained therein together with written agreements and all other executed documents which describe the r.ethod or manner of performing the work, the quantities, or the quality of material to be furnished under the contract. 1.9 Special Provisions. Any and all special directions, provisions, and re- quirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract, which are not covered herein. The special provisions included in the contract shall govern the work and take precedence over the plans and general provisions wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. 1.10 Notice of Letting. The official notice inviting proposals for proncsed improvements. 1.11 Notice to Bidders. The official notice, included in the proposal, in- viting bids for proposed improvements. 1.12 Proposal. The written offer of the bidder to perform the proposed work. 1 OP 1.13 Proposal Guaran-v. The security designated in the proposal to Le furnished by the bidder as a guaranty that said bidder will enter into a contract with the Department for the acceptable performance of the work and will ft.rnish the required contract bond, if the won( is awarded to him. 1.14 Award. The decision of the Department to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. 1.15 Contract. The written agreement covering the performance of the work and the furnishing of labor and material for the construction of the work. The contract includes the notice to contractors, proposal , con- tract bond, specifications and plans. 1.16 Contract Bond. The approved form of security furnished by the Contractor and his surety as a guaranty that he will execute the work in accordance with the terms of the contract. 1.17 The Work. The improvement advertised for letting, described in the pro- posal form indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions , includ- ing labor, tools, equipment, materials, and incidentals necessary for the satisfactory completion of the project . SECTION 2. Proposal Reouirements and Conditions 2.1 Contents of the Proposal Form. Bidders will be furnished with prcYo:al forms stating the location and description of the work contemplated, the approximate quantities of work to be performed or materials to Lc furnished, the amount of the proposal guaranty, and the date, time, e'r.^: place of filing and opening proposals. All documents bound with or at- tached to the proposal shall be considered a part thereof, and shall pct be detached or altered. 2.2 Interpretation of Estimate of Quantities. An estimate of quar.tities c: work to be done and materials to be furnished under the sre cificaticr.r. is given in the proposal. It is the result of careful calculations ar,.: is believed to be correct, but is riven only as a basis for cor.7arison of proposals and the award of the contract. The Department does net agree that the actual quantities involved will correspond exactl7 with; nor shall the bidder plead misur.Jerstanding or deception because of such estimate of quantities, or of the character, location or either conditions pertaining to the work. 2.3 Examination of Plans, Specifications, and Site of Work. The bidder shall, before submitting his bid carefully examine the proposal , plan: , specifications and form of contract and bond. He shall inspect it the site of the proposed work and familiarize himself with all local CC. • ditions affecting it. If his hid is accepted, he will he '. r^.nci';lp ftr all errors in his proposal resulting fmmm his failure rr *:r with these instructions. 2 (;P 2.4 Preparation of the Proposal. The bidder shall submit his proposal on the forms furnished by the Department. The proposal shall be executed properly, and bids shall be made for all items indicated in the pro- posal form. The bidder shall indicate, in figures, a unit price for each of the separate items called for in the proposal; he shall sho.: the products of the respective quantities and unit prices in the column provided for that purpose, and the gross sum shown in the place indicated in the proposal shall be the summation of said products. All unit prices shall be conditioned on furnishing a bond executed by a corporate surety company satisfactory to the Department. All writing shall be with ink or typewriter, except the signature of the bidder which shall be written with ink. If the proposal is made by an individual, his name and post office address shall be shown. If made-.by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the name of the State in which the Corporation was chartered, the names, titles and business addresses of the president, secretary, and treasurer and seal of the corporation shall be affixed and attested by the secretary;. 2.5 Resection of Proposals. Proposals that contain omissions, erasures, alterations, additions not called for, conditional or alternate bids unless called for, irregularities of any kind, or proposals otherwise regular which are not accompanied by a bank cashier's check, or a bank draft may be rejected as informal or insufficient. 2.6 Proposal Guaranty. Each proposal shall be accompanied by a bank draft drawn on the New York, Chicago, or St. Louis Exchange, a bank cashier's check or a properly certified check for not less than ten (10) percent of the amount of the bid made payable to the awarding authority. Ir. no case will a proposal guaranty for less than three hundred dollars 0.:00.03) be accepted. A bid bond shall also be considered as acceptable security. 2.7 Delivery of Proposals. Proposals shall be delivered prior to the time and at the place indicated in the notice to bidders. Each proposal shall cc placed in a sealed envelope clearly marked to indicate its contents. If forwarded by mail the proposal shall first be placed in the aforesaid en- velope and then placed in an outer envelope addressed to the Department. Only sealed proposals will be accepted. Proposals sent by mail will not be opened unless received at the place cf letting prior to the time of opening proposals. Envelopes postmarked prior to the time of opening proposals will not be accepted. 2.8 Withdrawal of Proposals. Permission will be given a bidder to withdraw a proposal if he makes such a request in writing prior to the time of opening proposals. If a proposal is withdrawn, the bidder will not be permitted to submit another proposal for the same work at the same letting. 2.9 Disqualification of Bidders. Any one or more of the following causes nay be considered as sufficient for the disqualification of a bidder and the rejection of his proposal: 3 GP (a) More than one proposal for the same work from an individual, firm, or corporation under the same or different names. (b) Evidence of collusion among the bidders. (c) Unbalanced proposals in which the prices for some items are not of proportion to the prices for other items. (d) Failure to submit a unit price for each item of work listed in the proposal. (e) Lack of competency as revealed by the financial statement or experience questionnaire required under Article 2.10. (f) Unsatisfactory performance record as shown by past work for the Department, judged from the standpoint of workmanship and progress. (g) Uncompleted work which in the judgment of the Department, might hinder or prevent the prompt completion of additional work. 2.10 Competency of Bidders. Each bidder shall furnish the awarding authority, upon request, with satisfactory evidence of his competency to perform the work contemplated. When requested, he shall submit a statement show- ing his financial condition, also, if requested a financial statement shall be prepared by a certified public accountant and submitted on forrs furnished by the awarding authority. The bidder, if requested, shall also answer and submit questionnaires relating to his experience in per- forming construction work similar to that for which he is offering a proposal. Before an award is made, the bidder may, at the option of the awarding authority, be required to file a statement showing the type, amount and condition of equipment which will be available, and an outline of his plans for conducting the work, using forms provided by the awarding authority. Before an award is made, the bidder may, at the option of the awarding authority, be required to furnish a statement showing the value of all uncompleted work for which he has entered into contracts. SECTION 3. Award and Execution of Contract 3.1 Consideration of Proposals. The proposals received will be compared on the basis of the summation of the products of the items of work and the unit prices offered. In case of discrepancies between the gross sum shown in the proposal and that obtained by adding the quantities of work and unit prices, the unit prices shall govern, and any errors found in said products shall be corrected. In awarding contracts, the Department will, in addition to considering the amounts stated in the proposals, take into consideration the responsibility of the various bidders as determined from a study.of the data required under Section 2.10, and from other in- vestigations which it may elect to make. 14 GP The right reserved to reject any or all proposals, to waive technical- ities, and to advertise for new proposals, or to proceed to do the work otherwise if, in its opinion, the best interest of the Department will be protected thereby. 3.2 Award of Contract. Except in cases where the Department exercises the right reserved under Article 3.1 to reject any or all proposals, the contract will be awarded by the Department, as soon as practicable after the opening of proposals, to the bidder who has submitted the lowest pro- posal with all requirements of the specifications as to the respansi- bility of bidders. If a contract is not awarded within sixty (60) days after the opening of proposals, a bidder may file a written request with the Department for the withdrawal of his bid and_ the Department at its discretion, may permit such a withdrawal. • 3.3 Return of Proposal Quaranty. The proposal guaranties of all except the two lowest bidders will be returned promptly after proposals have been checked, tabulated and the relation of the proposals established. Pro- '. •-posal'guaranties' of the ttd lowest bidders will be:seturned as soon as the contract and bond of the successful bidder have been executed and approved. 3.4 Requirement of Contract Bond. The successful bidder, at the time of the execution of the contract, shall deposit with the Department a surer: bond for the full amount of the contract. The form of the bond shall be that furnished by the Department, and the surety shall be acceptable to the Department. 1.5 Execution of the Contract. The contract shall be executed by the bidder, the bond shall be executed by the principal and sureties, and both shall be presented to the Department within fifteen (15) days after the date of notice of the award of the contract. 3.6 Failure to Execute Contract. Failure on the part of the successful bidder to execute a contract and an acceptable bond, as provided herein, within fifteen (15) days from the date of notice of the award of the contract, will be considered as just cause for the annulment of the award and the forfeiture of the proposal guaranty. SECTION 4. Scope of the Work 4.1 Intent of the Plans and Specifications. The intent of the plans and the specifications is to prescribe a colete outline of work which the Contractor undertakes to do in full compliance with the contract. The Contractor shall perform all work as may be necessary to complete the work to the finished lines, grades and cross sections in a substantial and acceptable manner. Be shall furnish all required materials, equip- ment, tools, labor and incidentials, unless otherwise provided in the con- tract, and shall include the cost of these items in the contract unit prices for the several units of work. 5 CP 4.2 Alterations, Cancellations, Extensions, and Deductions. The Department reserves the right to alter the plans, extend or shorten the improvement, and such incidental work as necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be con- sidered as a waiver of any condition of the contract nor to invali- date any of the provisions thereof. A supplemental agreement be- tween the Contractor and the Department will be required where such changes result in net increase or a net decrease in the amount of the contract by twenty-five (25) percent of the original contract price. 4.3 Final Cleaning Up. Upon completion and before final acceptance of the work, the Contractor shall remove from within the limits of the right-of-way, easement, or limits of the improvement all machinery, equipment, surplus material, falsework, excavated and useless mate- rials, rubbish, temporary buildings,barricades And signs, and shall clean up camp sites, plant sites, and storage and siding grounds. The Contractor shall clean off all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, bituminous materials, dirt and other foreign materials deposited or accumulated on any structure or curb and gutter due to his operations . SECTION 5. Control of the Work 5.1 Authority of Engineer. All work shall be done under the supervision of the Engineer, and to his satisfaction. He shall decide all ques- tions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, accep- table fulfillment of the contract, compensation and disputes and mutual rights between Contractors under the Specifications. He shall determine the amount and quality of work performed and mate- rials furnished, and his decision and estimate shall be final. His estimate shall be a condition precedent to the right of the Contrac- tor to receive money due him under the contract. In case of failure on the part of the contractor to execute work ordered by the Engineer, the Engineer may, at the expiration of a period of forty-eight (48) hours after giving notice in writing to the Contractor, proceed to execute such work as may be deemed neces- sary, and the cost thereof shall be deducted from compensation due or which may become due the contractor under the contract. 5.2 Plans and Working Drawings. Plans showing such details as are necessary to give a comprehensive idea of the construction contem- plated will be furnished by the Department. The contractor shall -- submit to the Engineer for approval such additional shop working, (Continued) 6 CP or layout drawings pertaining to the construction of the work, as may re required, and the finished work shall conform with such plans and approved working drawings with the exception of such deviations as ray be author- '-' ized by the Engineer in writing. Prior to the approval of Contractor pre- pared working drawings, any work done or materials ordered shall be at the Contractor's risk. The contract price shall include the cost of furnishing such working drawings. 5.3 Coordination of Specifications, Plans, Proposal, and Special Provisions. The specifications, the accompanying plans, the proposal, and all supple- mentary documents are intended to describe a complete work and are essen- tial parts of the contract. A requirement occurring in any of them is binding. In case of discrepancy, figured dimensions shall govern over scaled dimensions, special provisions shall govern over both general pro- visions and plans, and the quantities shown on the plan shall govern over those shown in the proposal. The''contractor shall take no advantage of any apparent error or omission in the plans or specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. 5.4 Cooperation with Utilities. All utility appurtenances which are within the limits of the proposed construction are to be moved by the owners at their expense, except as otherwise provided for in the special provisions or as noted on the plans. It is understood and agreed that the Contractor has considered in hi= c d all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interferences from the said utility appurtenances either by the utility company or by him, or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present cr relocated positions. The contractor shall insure that prompt repairs are to the approval of the Engineer's effected on any utility appurtenances dsJraged by him without compensation from the Department. 5.5 Construction Stakes. Construction stakes will be set to nark the general location, alignment, elevation, and grade of the word:. The Contractor shall assume full responsibility for dimensions and elevations measured from such stakes. He shall exercise proper care in the preservation of stakes set for his use or the use of the Engineer, and if he displaces, loses, or removes them during his operation, they may be reset at his • expense. The Contractor shall furnish at his expense the size, quality, and quantity of stakes required by the Engineer. If he fails to furnish such stakes at the time and place specified, the Engineer may purchase the same and deduct the entire cost from the compensation due the contractor. The Contractcr shall, at the request of the Engineer, furnish the necessary labor to set the stakes and make the necessary measurements. He shall be reimbursed for the actual cost of such labor, actual cost to include the tir.e 7 GP engaged on such work, but not to include profit, overhead, or rental charge for tools or other equipment. The Contractor shall also be re- imbursed for the actual cost of contractor's bond, public liability, and property damage insurance, workmen's compensation insurance and social security tax required for labor in setting stakes and raking measure- ments, to which no percent shall be added. 5.6 Inspection. All materials and each part or detail of the work shall be subject at all times to inspection- by the Engineer or his Inspectors, and the Contractor will be held strictly to the true intent of the specifi- cations in regard to quality of materials, workmanship, and diligent execu- tion of the contract. The Engineer or his Inspectors shall be allowed access to all parts of the work, and shall be furnished with zuch inftrna- tion and assistance by the Contractor as is required to make a ccmplete and detailed inspection. The Contractor shall, if the Engineer requests, remove or uncover such portions of the finished work as the Engineer may direct before final acceptance of the same. After the examination, the Contractor shall re- store said portion of the work to the standard required by the specifica- tions. If the work thus exposed or examined proves acceptable, the c:- pense of uncovering or removing and the replacing of the pares removed shall be paid for as extra work, but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing cf the same shall be borne by the Contractor. 5.7 Removal of Defective and Unauthorized Work. Work done without lira: and grades being given, or beyond the lines shown on the plans or as :-iN.en. except as herein provided, or any extra work done without authority :::ll be considered as unauthorized and at the expense of the Contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the Contractor's expense. All work which has been rejected or condemned shall be renedied or re:...:ed and replaced, in a manner approved by the Engineer, by the Contractor a_: his own expense. Upon failure on the part of the Contractor to comply promptly with any order of the Engineer made under the provision: of article, the Engineer shall, after giving written notice co the Contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the c:=: thereof from any compensation due or to become due to the Ccntractor. 5.8 Final Inspection. The Engineer shall make final irspecti.n o all included in the contract, or any portion thereof one mile or more in lend:_., as soon as practicable after notification in uriting by the Contractor the work is completed and ready for acceptance.. If the work is no: a:cep:- able to the Engineer at the time of such inspection, he shall inform the Contractor as to the particular defects to be remedied before final c_cce:::- ance can be made. 8 CP SECTION 6. Control of Materials 6.1 Runty of Materials. It is the intent of the specifications that first class materia she be used throughout the work, and which shall be capable of being incorporated in such a manner as to produce completed construction which is workmanlike and acceptable in every detail. Only arterials which conform to the plans and specifications shall be incor- porated in the work. When requested by the Engineer, the Contractor shall furnish a notarized statement of the origin, composition, quality, and manufacture of any or • all materials that are used in the work. The source of supply of each material used shall be approved by the Engineer before delivery is started. If sources previously approved are found to be unacceptable at any time and fail to produce materials satis- factory to the Department, the Contractor shall at his own expense furnish materials from other approved sources. 6.2 1gineer. ion and Storage of Materials. 111 materials will be inspected by The Contractor shall give sufficient advance notice of . placing orders t o permit tests to be completed before the materials are incorporated in the work, and shall afford such facilities as the Engineer may require for collecting and forwarding samples and making inspections. All samples shall be furnished without charge to the Department. The Contractor shall not make use of or incorporate in the work the materials represented by the samples until tests have been made and materials found to be in accordance with the specifications. If it is necessary to store materials, they shall be protected in such a manner as to insure the preservation of their quality and fitness for the work. 111 stored material shall be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage. Materials stored at the project site shall be placed so as to not create a hazard or nuisance or to in anyway damage private or public property. Storage of materials is at all times subject to the approval of the Itgineer. SECTION 7. Legal Relations and Responsibility to Public 7.1 law to be Observed. The Contractor shall at all times observe and comply with all Federal and State Isms, local laws, ordinances and regulations which in any manner affect the conduct of the work, and all such orders or decrees as exist at the present and which may be enacted later, of legislative bodies or tribunals having legal jurisdiction or authority over the work and no plea of misunderstanding or ignorance thereof will be considered. He shall indemnify and save harmless the Department and all of its officers, agents, employees, and servants against any claim or liability arising from . or based on the violation of such law, ordinance, regulation, order, or decree, 'whether by himself or his employees. 9 OP 7.2 Workmen's Compensation Insurance. The Contractor shall maintain insurance covering Workmen's Compensation, or provide satisfactory evidence' that this liability is otherwise taken care of in accordance with Section 26 of the "Workmen's Compensation Act of the State of Illinois." Such insurance, or other means of protection as herein provided shall be kept in full force until all work to be performed under the terms of the contract has been completed and accepted in accordance with the specifications. Failure to maintain such insurance, cancellation by the Industrial Commission of its approval of such other means of pro- tection as might have been elected, or any other act which results in • lack of protection under said "Workmen's Compensation Act" ray be con- sidered as a breach of Contract. 7.3 Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution. 7.4 Patented Devices, Material and Processes. If any design, device, material or process covered by letters patent or copyright is used by the contractor, whether required or not, he shall provide for such use by suitable legal agreement with the patentee or owner, guaranteeing the Department indemnity from all claims for infringement, and shall include the cost of such agreement in the price bid for the work. 7.5 Restoration of Surfaces Opened by Permit. Any individual, firm or corporation wishing to make an opening in the surface of any public street, road, or highway or other public property must first secure a permit from the Department, and the Contractor shall not allow any person to make an opening unless a duly authorized permit from the Department is presented. The Contractor shall insure that the surface so disrupted by such openings will be replaced as indicated in the "Special Provisions" to the satisfaction of the Engineer. 7.6 Sanitary Provisions. The Contractor shall observe all rules and regula- tions of the State or local health departments, and shall take precau- tions to avoid unsanitary conditions. 7.7 Public Convenience and Safety. The Contractor shall notify the Engineer at least three t3) days in advance of the starting of any construction work which might in anyway inconvenience traffic, and the Contractor shall at all times conduct the work in such a manner as to insure the least ob- struction to vehicular and pedestrian traffic. Whenever possible, the Con- _ tractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. 7.8 Barricades and Warning Sys. The Contractor shall provide, erect, and 41n such barricades, signs, flags, and lights and the erection and maintenance of same area at all times subject to the approval of the Engineer. (Continued) 10 GP The Contractor Will be held responsible for all damage to the work, even though barricades, signs, flags and lights are installed as re- quired above. Whenever evidence of such damage is found prior to acceptance, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his own expense. The Con- tractor's responsibility for the maintenance of barricades, signs, flags and lights shall not cease until the work has been accepted. The cost of maintaining barricades, warning signs, red flags and red lights as required herein shall be incidental to the contract and no extra compensation will be allowed. 7.9 Equipment on Pavement and Structure. The pavement and structures on or adjacent to the work shall be protected, in a manner satisfactory to the Engineer, to damage by lugs'or cleats on treads or wheels of the equipment. Any damage to adjacent pavement or structures by lugs or cleats or excessive loads from Contractor equipment shall be repaired by the Contractor at his expense as directed by the Engineer. 7.10 Use of Fire Hydrants. If the Contractor desires to use water from hydrants, he shall make application to the proper authorities and shall conform to the municipal ordinances, rules or regulations con- cerning their use. Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than is permitted by municipal ordinances, rules or regulations, or within five (5) feet of a fire hydrant, in the absence of such ordin- ances, rules or regulations. 7.11 Protection and Restoration of Property. If corporate or private prop- erty interferes with the work, the Contractor shall notify, in writing, the owners of such property, advising them of the nature of the inter- ferences and shall arrange to cooperate with them for the protection or disposition of such property. The Contractor shall furnish the Engineer with copies of such notifications and with copies of any agreements be- tween him and the property owners concerning such protection or disposi- tion. The Contractor shall take all necessary precautions for the protection of corporate or private property such as walls, foundations of buildir. s, vaults, underground structures of public utilities, underground drainage facilities, overhead structures of public utilities, trees, shrubbery, crops and fences contiguous to the work, of which the contract does not provide for removal. The Contractor shall protect and carefully preserve all official survey- monuments, property- narks, section markers and Geo- logical Survey Monuments or other similar monuments, until the owner or authorized surveyor or agent has witnessed or otherwise referenced their location or relocation. The Contractor shall notify the Engineer of the presence of any such survey or property monuments as soon as they are discovered. 11 GP • The Contractor is responsible for the damage or destruction of property of any character resulting from neglect, misconduct or omission in his manner or method of execution or non-execution of the work, or caused by defective work or the use of unsatisfactory materials, and such responsibility shall be released until the :Tort shall have been completed and accepted and the requirements of the specifications complied with. Whenever public or private property is so damaged or destroyed, the Contractor shall, at his own expense, restore such property to a con- dition equal to that existing before such damage or injury .;as done by repairing, rebuilding or replacing it as may be directed, or he shall otherwise make good such damage or destruction in an acceptatle • manner. If he fails to do so, the Engineer may, after the expiration of a period of 48 hours after giving him notice in-writing, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the Contractor under his contract. The cost of all materials required and all labor necessary to comply with the above provisions will not be paid for separately, but shall be considered as incidental to the contract. 7.12 Responsibility for Damage Claims. The Contractor shall indemnify and save harmless the Department, its officers and employees and the Engineer, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person., persons, or property on account of the operations of said Contractor, or or. account of, or in consequence of, any neglect in safeguarding the work; or through use of defective or unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts arising or rocovcred under the "Workmen's Compensation Act" or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his contract as. shall be considered necessary the Department or in case no money is due, his purety shall be held until such suit or suits, action or actions, claim or claims for in- juries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished the Department. 7.13 Opening of Section of Roadway to Traffic. The work under construction shall not be opened to traffic until authorized by the Engineer in writing. Any such opening shall not be construed as an acceptance of the roadway, or any part of it, or as a waiver of any of the provisions of the contrast. At any time prior to final acceptance that work proceeds on a portion of roadway open to traffic the Contractor shall conduct his construction operations, only such materials and equipment shall be placed or stored on the pavement as will be used in any one day's construct=ion operations, and the pavement shall be entirely cleared of all ob:truc-._;rc 12 RP 7.11+ Contractors Responsibility for Work. The work shall be under the charge and care of the Contractor until acceptance by the Engineer. The Contractor shall assume all responsibility for injury or damage to the work by the action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution, of the work. The Contractor shall rebuild, repair, restore, and melte good, at his expense, all injuries or damages to any portion of the • work occasioned by any of the above causes before its completion and acceptance. When materials are furnished to the Contractor by the Department, for inclusion in the work, the Contractor's responsibility for all such material shall be the same as for materials furnished by him. 7.15 Personal Liability of Public Officials. In carrying out any pro- visions of this contract or in exercising any power or authority granted to him thereby, there shall be no personal liability upon the Engineer or his representatives, it being understood that in such matters he and they act as agents and representatives of the Department. 7.16 Insurance: The Contractor shall furnish a certificate of insurance indemnifying and saving harmless the City of Elgin. The insurance Coverages shall not be less than the amounts stipulated below: Workmen's Compensation Statuatory Public Liability $500,000 Property Damage $100.000 SECTION 8. Prosecution and Progress 8.1 Subletting or Assignment of Contract. If the Contractor sublets the whole or any part of the work to be done under the contract, he shall not under any circumstances be relieved of his liabilities and obliga- tions. All transactions of the Engineer shall be with the Contractor; subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell, or otherwise dispose of the whole or any part of his contract, his right, title, or interest therein, or his power to execute such contract, to any person, firm, or corporation without written consent of the Erg ineer. 8.2 Progress Schedule. Promptly after the award of the contract, the Con- tractor shall submit to the Engineer a satisfactory progress schedule which shall show the proposed sequence of work, and how the Contractor proposes to complete various items of work. 8.3 Prosecution of the Work. The Contractor shall begin the work to be per- formed under the contract not later than ten (10) days after execution and acceptance of the contract unless a delay be granted by the Engineer in writing. The work shall be prosecuted in such a manner and with such a supply of materials, and equipment and labor as is considered necessary to insure limits specified in the contract. 13 GP • 8J Limitations of Qperations. The Contractor shall conduct his work so as to create a minimum amount of inconvenience to vehicular and pedes- trian traffic. At any time when in the judgment of the Engineer, the Contractor has obstructed or closed the road without sufficient cause or is carrying on operations on a greater portion of the road than is necessary for the proper prosecution of the work, the Engineer may re- quire the Contractor to open the section so closed and to finish the section on which work is in progress before work is started on any additional section. 8.; Character of Workmen and Equipment. The Contractor shall employ only competent and efficient laborers, mechanics, and artisans, and whenever, in the opinion of the Engineer, any employee is careless, incompetent, obstructs the progress of the work, acts contrary to instructions or conducts himself improperly, the Contractor shall, upon request of the Engineer, discharge or otherwise remove him from the work and shall not employ him again, except with the written consent of the Engineer. The equipment used on the work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the work and produce a satisfactory quality of work. All equipment shall be ready for use when required by the Engineer. The Engineer may order the removal of any unsatisfactory equipment and require its replacement with equipment meeting his approval at the Contractor's expense. The measure of capacity and efficiency of equipment shall be its actual performance on the work. 8.6 Suspension of Work. The Engineer shall have authority to suspend the work wholly or in part, for such period of time as he may deem neces- sary, due to conditions unfavorable for the satisfactory prosecution of the work, or to conditions which in his opinion warrant such action; or for such time as is necessary by reason of failure on the part of the Contractor to carry out orders given; or to perform any or all provisions of the contract. No additional compensation will be paid the Contractor because of any costs caused by such suspension, except when the suspension is ordered for reasons not resulting from any act or omission on the part of the Contractor and not related to weather conditions. The Contractor shall not suspend work without written authority from the Engineer. 8.7 Determination and Extension of Contract Time for Completion. The time for completion of contemplated work may be specified in the contract, and it is understood that completion of the work within the time speci- fied is an essential part of the contract. If the Contractor finds it impossible to complete the work within the time specified in the con- tract, he may, at any time prior to the last ten (10) working days of the time specified, make written request to the Department for an ex- tension of time. He shall set forth in full in his request the reason which he believes justify the granting of his request. If his request is granted the extended time for completion shall then be considered as in effect the same as if it were the original time for completion. 14 CP 8.8 Failure to Complete Work on Time. Should the Contractor fail to complete the work within the time specified in the contract or within such extended time as may have been allowed, the Contractor shall be liable to the Department for costs incurred for engineering and in- spection, temporary surfacing, temporary structures, maintenance of that portion of the road uncompleted, maintenance of detours by the Department or Engineer, and all other expenses incurred by the Depart- ment by reason of the Contractor's failure to complete the work within the specified time, and such amount shall be deducted from the monies due the Contractor, not as a penalty but as damages sustained. 8.9 Default on Contract. If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work unsuitable, as determined by the Engineer, or shall neglect or refuse to remove materials or perform anew such work as shall be re- . jected as defective and unsuitable, or shall discontinue the prosecu- tion of the work, or if the Contractor shall become insolvent or be de- clared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the work in a manner approved by the Engineer, the Engineer shall give notice in writing to the Con- tractor and his Surety of such delinquency, and said notice to specify the correction measures required. If the Contractor after a period of ten (10) days after said notice shall not proceed in accordance t:.ere- with, the Department shall, upon written certificate from tt.e Engineer of the fact of such delinquency and the Contractor's failure to comply with said notice, have full power and authority to forfeit the right of the Contractor and at its option to call upon the Surety to complete the work in accordance with the terms of the contract, or it ray take over the work, including any or all materials and equipment on the grounds as may be suitable and acceptable, and may complete the work by or on its own force account, or may enter into a new agreement for the completion - of said contract according to the terms and provisions thereof, or use such other methods as, in its opinion, shall be required for the com- pletion of said contract in an acceptable manner. All costs and charges under contract, shall be deducted from any monies due or which may become due on such contract. In case the expense so incurred by the Department shall be less than the sum which would have been payable under the contract had it been completed by the Contractor, the Con- tractor shall be entitled to receive the difference subject to any claims for liens thereon which may be filed with the Department, or any prior assignment filed with it, and in case such expense should exceed the sum which would have been payable under the contract, the Contractor and the Surety shall be liable and shall pay to the Depart- ment the amount of such excess. SECTION 9. Measurement and Payment 9.1 Measurement of Quantities. All work completed under the contract will be measured by the Engineer according to United hates standard ne s—.:res. 15 GP No deductions will be made for fixtures in the roadway having an area of nine (9) square feet or less. All longitudinal measurements for areas for base course, surface course, pavement, and shoulder will be along the actual surface of the roadway and not horizontally. Storm sewer, sanitary sewer, water main, and underground electric can- duit shall be measured parallel to the center line of such iters as constructed. For all transverse measurements for areas of base course, surface course, and pavements, the dimensions used in calculating pay areas shall be the exact dimensions shown on the plan or the dimen:icn ordered by the Engineer in writing. 9.2 Scope of Payment. The Contractor shall receive and accept the cam per.- sation as herein provided, in 'full payment for furnishing all material:, labor, tools and for all loss or damage arising out of the nature sf the work or from action of the elements; for any unforseen difficulties or obstructions which may arise or be encountered during the prosecutisn of the work until its final acceptance by the Engineer; for all ris of every description connected with the prosecution of the work; also all expenses incurred by or in consequence of suspension or discon- tinuance of such prosecution of the work as herein specified, or for any infringement of patents, trademarks, or copyrights, and for completing • the work in an acceptable manner according to the plans and specifications. 9.3 Increased or Decreased Quantities. 19henever the quantity of any i.em of work as given in the proposal shall be increased or decreased or any new item of work is authorized in writing by the Engineer the Contractor shall accept payment as follows: (a) All such work and materials as appear in the proposal as a specific item accompanied by unit prices shall be paid for at the c:n- tract unit price or prices for the work actually done. Do allowance will be made for delays or anticipated profits. CO All such work and materials as do not. appear in the prcpc=al cr contract as specified items accompanied by unit prices and .hic'h ars included under the prices bid for other items in the contract shall be designated as extra. work and payment shall be accepted as herein cecc:is_d for extra work. All alterations, cancellations, extension: and deductions shall .e authorized in writing by the Engineer before work is started. Such authorizations shall set up items of work involved and the method .f payment for each item. Claims for extra work which have not been authorized in writing ty the Engineer will be rejected. 9.4 Payment for Extra Work. Extra work will be paid for as fellows : (1) Either at a lump sum price or at a unit price agreed upon c; the Contractor and Engineer. (2) On the follouing force acc•:unr. �.•_;-is : 16 CP (a) labor. The Contractor will be paid for the actual amount of wages for all labor and foremen in direct charge of the specific work for each hour that said labor and foremen are actually engaged in such work, to which shall be added fifteen (15) percent of the sum thereof. A foreman shall not be used when there are less than t::o (2) laborers employed, except with written consent of the Engineer. (b) Bond, Insurance, and Tax. The Contractor will receive the actual cost of Contractor's bond, public liability and property damage insurance, Workmen's Compensation insurance, occupational tax and social security tax required for force account work, to which no per- cent shall be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such"bond, insurance and tax. (c) Materials. The Contractor will receive the actual cost for all materials, including freight shown by original receipted invoices and freight bills, which are an integral part of the finished work, to which shall be added fifteen (15) percent of the sum thereof. The Contractor will be reimbursed for any materials used in connection with the work, such as sheeting, falsework, form lumber, burlap paper or straw for curing, trench sheeting, etc., which are not an integral part of the finished work. The amount of reimbursement shall be agreed upon in writing before such work is begun, and no percent shall be added. The salvage value of such materials shall be taken into consideration =i the reimbursement agreed upon. (d) Equipment. Machinery and equipment which the Contractor has on the job for use on contract, shall be used on extra work as deemed necessary or desirable. The Contractor will be paid for all machinery and equipment used on extra work. The amount of reimbursement shall be agreed upon in writing before such work is begun. 9.5 Payment for Incidental Bills. Upon written order of the Engineer, the Contractor shall pay the bills for incidental expenses, incurred during the performance of extra work on a force account basis, and for this he will be reimbursed for the actual amount so paid out, to which shall be added five (5) percent of the sum thereof. 9.6 Payment for Items Omitted When Partially Comnleted. Should the Depart- ment cancel or alter any portion of the contract which results in the elimination or non-completion of any portions of the work partially com- pleted the Contractor will be allowed a fair and equitable amount cover- ing all items of work incurred prior to the date of cancellation, altera- tion, or suspension of such work. When such elimination or non-comple- tion involves a net decrease in the amount of the contract of more than twenty-five (25) percent of the original contract price, a supplemental agreement between the Contractor and the Department will be required. 9.7 Partial Payment. At least once each month, when requested by the Con- tractor, in writing, the Engineer will make an approximate estimate, :n writing, of the materials in place completed, the amount of work per- formed, and the value thereof, at the contract unit prices. Fr,m the 17 GP • amount so determined there shall be deducted fifteen (15) percent to be retained until after completion of the entire work, except that no amount less than $500.00 will be so certified unless the total amount of the contract is less than $500.00 In addition, an estimate may, at the discretion of the Department and upon presentation of receipted invoices and freight bills be nide for payment of the value of acceptable non-perishable materials deli':erect on the work or in acceptable storage places and not used at the time of such estimate. Ten (10) percent shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Department, shall become the property of the Department, and in the event of default by the Contractor, the Department, ma;; use or cause to be used such materials in the construction of the :pork pro- vided for in the contract. The amount thus paid by the Depar:mer.; shall be deducted from estimates due the Contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provi- sions of the contract. 9.8 Semi-Final Payments. At the discretion of the Department and with the consent of the Surety, a semi-final estimate may be made when the prin- cipal items of work have been substantially completed. Payment to the Contractor under such an estimate shall not exceed eighty-five (ES) percent of the amount retained by the Department after making partial payments, but in no event shall the amount retained by the Department be less than $500.00. 9.9 Acceptance and Final Payment. Upon the satisfactory completion cf any portion of the work one (1) mile, or more in length, and upon ::ritten approval of same by the Engineer, the Contractor shall be relie•:ed of any requirement for further work on such portions and from all liabili:y and responsibility, except that he shall remove any obstructions and repair any damage caused by him subsequent to such approval and prior to final acceptance of the entire section. 'Whenever the improvement provided for by the contract shall ha,:e been completely performed on the part of the Contractor, and all parts of the work have been approved by the Engineer and accepted by the Department, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computation can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semi-final payments pre- viously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the Contractor as soon as practicable after the final acceptance, provided the Contractor has furnished to the Department satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixture: cr machiner: furnished for the purpose of such improvements have beer. paid or tr.:.t 18 OP the person or persons to whom the same maybe due have consented to such final payment. The acceptance by the Contractor of the final 'payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the Contractor of • final payment shall relieve the Department from any and all claims or liabilities for anything done or tunished relative to the work or for any act or neglect on the part of the Department relating to or con- nected with the work. 9.10 Prevailing Wage Rate. It shall be mandatory upon the contractor to wham the contract is awarded, and upon any subcontractor under him, that the general prevailing rate of wages in said municipality for each craft or type of workman or mechanic needed to execute the contract or perform such work, and also the general prevailing rate for legal holiday and overtime work as ascertained by the City of Elgin or by the Department of Labor, shall be paid for each craft or type of workman needed to execute the contract or to perform such work. Special Notice. Pursuant to the "Affirmative Action -- City Contracts" provisions (copy attached) , the following information is requires: 1. Number of employees . 2. Written committment to provide equal employment opportunity or copy of your company's current Affirmative Action Program is attached with this bid. 19 GP City of Elgin *Affirmative Action--City CaniraCis" A. The City shall not contract In an amount exceeding ten thousond dollars with any contractor or vendor, maintain any firanciol relation with any financial Institution, or use the services of any labor organisation or member thereof, which employs fifteen or more persons, which does not first submit to the City a written commitment to provide . equal employment opportunity. . . The written commitment required by this section shall: 1. Set out and agree to maintain specific employment or membership practices and policies s+.ftic;ant to achieve eq..ol oppor- tunity. 2. Set out specific goals for participation by minority groups and female persons qualified by or for training or thraugn previous work eAperience. This provision will not Infringe upon the tight of the employer to determine the need for or qualifications of employees. 3. Agree to submit to the City upon request written evidence of the effectiveness of the above required practices, policies and goals. 4. Agree to submit to the City upon request statistical data concerning employee composition or membership composition an race,color, sex and job description. S. Agree to distribute copies of the above Commitment to all persons who participate in recruitment, screening, tetetral any selection of job applicants,prospective jab applicants or members. 6. Agree to require any subcontractor to submit to the City o written comitment which contains the provisions required by paragraphs(1) through(5)oboes. 7. The written commitment required by this section may also be satisfied by filing a copy of an of f rmotive action program of the contractor/vendor which is in effect and which has been approved by any local, state or federal agency with jurisdiction to approve such programs. B. All such contracts by and between the City of Elgin ono contractors and vendors for the purchase by the City of Elgin of gamma ondlor services shop contain the following clauses: •The contractor/vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age, Cr physical handicap which would not interfere with the efficient performance of the job In question. The contractor/vendor will lane affirmative action to comply with the provisions of this ordinance and will require any subcontractor to submit to the City of Elgin a written commitment to comply with those provisions. The contractor/vendor will distribute copies of this commitment to all persons who porticipote In recruitment, screening, referral ono selection of job applicants, prospective job applicants, members or prospective subcontroc tors" •The ea►troctorlvendar agrees that the provisions of Chapter 3.12 of the Elgin Otunicipoi Code, Ifni, Is hereby Incor. paroled by reference,os II set out verbatim! 20 GP ' State of Illinois . Department of- Transportation Bureau of Local Roads and Streets SPECIAL PROVISION FOR . COOPERATION WITH UTILITIES This special provision amends the provisions of Articles 102.05 and 105.07 of the Standard Specifications. 102.05 Examination of Plans, Specifications, Special Provisions and Site of Work. hdd the following paragraph after the second paragraph of this Article: "When the plans or special provisions include information pertaining to the location of underground utility facilities, such information represents only the opinion of the Department as to the location of such utilities and is only included for the convenience of the bidder. The Department assumes no respon- sibility whatever in respect to the sufficiency or accuracy of the information shown on the plans relative to the location of underground utility facilities. It shall be the' Contractor's responsibility to determine the actual location of all such facilities. He shall also obtain from the respective utility companies detailed information relative to the location of their facilities and the working schedules of the utility companies for removing or adjusting them." 105.07 Cooperation with Utilities. Revise this Article to read: "105.07 Utility Facilities. Utilities which are within the limits of the proposed construction are to be moved or removed at no cost to the Contractor except as otherwise provided for in the special provisions or as noted in the plans. (a) For the purpose of this Article, limits of proposed construction for utilities extending in the stere longitudinal direction as the roadway, shall be defined as follows: (1) The horizontal limits shall be a plane, outside of, parallel to, and 2 feet distant at right angles from the plan or revised slope limits and the slope limits extended vertically above the point of intersection of the slope limits and the original cross-section surface. In cases where the limits of excavation for structures are not shown on the plans, the horizontal limits shall be a vertical plane 4 feet outside the edges of structure footings or the structure where no footings are required. ' (2) The upper vertical limits shall be the regulations governing the roadbed clearance for the specific utility involved. 1 . (3) The lower vertical limits shall be the limits of excavation. : Form LR 102 • (1-E4) Sheet 1 of 2 (b) For the purpose of this Article, •limits of proposed construction for utilities crossing the roadway in a generally transverse direction shall be defined as follows: (1) Utilities crossing excavations for structures that are • normally made by trenching such as sewers, underdrains, etc. , and all minor structures such as manholes, inlets, foundations for signs, foundations for traffic signals, etc., the limits shall be the space to be occupied by the proposed permanent construction unless otherwise required by the • regulations governing the specific utility involved. (2) For utilities crossing the proposed site of major structures • such as bridges, sign trusses, etc., the limits shall be as defined above for utilities extending in the same general longitudinal direction as the roadway. All reasonable adjustments, as determined by the Engineer, of utilities not • shown on the plans, or visible or not identified by markers will be made at no cost to the Contractor except that traffic structures, light poles, etc. , that are normally located within the construction limits will not be adjusted unless required by the proposed improvement. The Contractor may make arrangements for adjustment of utilities outside the limits of proposed construction as defined above provided the Contractor furnishes the Department with a signed agreement with the utility owner covering the adjust- ments to be made. The cost of any adjustments made outside the limits of proposed construction as defined above shall be the responsibility of the Contractor unless otherwise provided for. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them either by the utility" company or by him; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions." • • • Form LR 102 (1-£4) • Sheet 2 of 2 . _ State of Illinois - • - nE?tami rr aF TPANs rmakJ - - ' •._ . •• - -- . :.- . - Bureau of Local Roads and Streets _ _ - =_ - SPECIAL PR!! VISI 1 - . - - POR • .. -. - • - - R&M LGT zr2•fT 'FRAC?I CcS ..- : . In addition to all other labor requirements set forth in this proposal and in tIze Stz-drd Specifications for Road id Bridge Construction, adopted by the Lep arm.enz of Transportation during the perfo. c- of this contract, the : - -- ' contract .,he : - contTact cr for itself, its assignees , and successor's in interest (hereinafter - . referred to as the !'contractor") agrees as follows: -• • .. I. SELECTION OF LABOR . • •• • - . The Contractor shall' cooply with all Illinois statutes pertaining to the . selection of labor. •• . . . I I. -•�7'AL ae 3r-' E T OP F3 l.'N I TY - • ._-- . .; .. . . . . . .a . During the per rora-nc: of this contract, the contractor agrees as follows: - . (1) Mat it will not s=imi a e s aga t any -levee or aaplicant .-- •- for eo:oymeot :pec se of -ace color, real !m sx, national or c=s tr; and er that it will exaoine all job classifications to detennine ii minority persons or ::omen are underutilized ad will' . take appropriate affir=ative action to ree=f any suCh de utili=a- ticn. - - : • - -• - (2) That, if it hires aciditional er ley ys in order to perform, this contract or any perti i hereof, it will determine the atiilability of minorities and w`.en in the arta(s) from which it may reasonably recruit End it will hire for each job classification for which em- • • ployees are hired in such a way_ that minorities ad w oen.are not . underutilized. • . - - ' (3) That, in all solicitations or advertisements for loyees placed by it or on its behalf-, it will state that all applicants will be afforded equal op:por__.-iiry without discririation became of race, . color, religion, scc,.. national origin or ancestry. • (4) That it will send to each labor orb-aini_aLicn or representative of workers with w-hiCh it has or is bound by a collective bargaining or . other afire ent or understanding, a notice advising such labor organ- • i_ation or representative of the contractor's obligations under the Illinois Fair E lcfn.-nt Practices Act and the Commission's Rules and' Regulati Cels for :Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in ' its efforts to comply with such Act and Rules and Regulations, the Form LR 120 - (1-80) . Sneet 1 of 2 A - 1 • • contractor will pec, tly so notify the Illinois Fair 1aymnt Practices Cc--rni ss i or and the contracting agency and will r_cr it lcyees from other s:.urces when necessary to fiifill its obliga- tions t eters c er. . (5) That it will reports as •required by the Illinois Fair F.. loy .r nt Practices csi on :les and Regulatiors for Public Ccn`ra.cts, f is i all relevant ;n to=ati=. as may f_T n tine to t be requested by the Cc= ssicn or the c.^nt_racr ng agency, and in all r zsec2s c^=+ly with the Ill' is Fair Ic; t Practices Act and •_.e C- -4ssicn's :r..es and Regulations for Public Contracts. (o) mat it will permit access to all relevant books, records, a,_ zari s and *+ork sites by pe=croiel of the c nt_-actin.g agency and the Ill:12.2ois Fair Z lcy nt Prac-Lices for ptc�cses of investigation to ascertain ccrpliance with•the Illinois Fairlcy- r.=nt Practices Act and the Cori ssion's Rules and Regvlaticnd for - Public Con tracts. (7) That it will include -verbatim or by reference the provisions of par"ag:"P 1 the-�.ut 7 of this cl arse i-n every perfoi_'Toe stbco n- • tract as czT-2ed in Section 2.10(b) of the Ctnissicn's Rales a d Regulations for Public Contracts so that such pr.isic-s will be binding tion every such subcontractor; and that it will also so include the provisions of t a..t-.a5:- -phs 1, 5, 6 and 7 in every sL-7pl? f subcontract as defined in S cticn 2.10(a) of the C=n_:ssion's P_i'•es and Regulations for Public Contracts so- that such provisions .•ill be binding t:-,Dcn every such sz bcont actor. In the s teer as with other p ov-isio s of this cotract,' the contractor will be liable for c�?i•�ics with a^i'J_ le p:ovis i c,.s of this clime by all its subs-n-c ac ors; and further it will pi tly notify the contracting agency and the Illinois Fair nlcr.y .�nt Pratices Cr cion in the •J�n' � event air su✓cGor :ails or r ef-L:ses to c ly therewith. • • • • •• Fora LR 120 • (1-80) Sheet Z of Z • TYLER CREEK STREAM BANK STABILIZATION ELGIN, ILLINOIS 1985 SPECIAL PROVISIONS • SECTION I: GENERAL RECUIREMENTS AND COVENANTS I-1: GENERA The following Special Provisions supplement the "Standard Specifications" , and in case of conflict , these special provisions shall take precedence and shall govern. Application for Prooress Payment: At least ten days before each progress payment falls due (but not more than once a month) , Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such data and schedules as Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered aid suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to Owner , as will establish Owner 's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Payment. Contractor 's Warranty of Title: Contractor warrants and guarantees that title to all Work , materials and equipment covered by any Application for Payment , whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances. • • • SP-1 • Approval of Payments: Engineer will , within ten days after receipt of each Application for Payment, either indicate in writing his approval of payment and present the Application to Owner, or return the Application to Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Owner shall , within ten days of presentation to him of an approved Application for Payment, pay Contractor the amount approved by Engineer. Engineer 's approval of any payment requested in an Application for Payment will constitute a representation by him to Owner, based on Engineer 's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief , the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval ) ; and that Contractor is entitled to payment of the amount approved. Powever , by approving any such payment, Engineer will not thereby be deemed to have represented that he made exhaustive or continuos: on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction, or that he has made any examination to ascertain how or for what purpose Contractor has used the moneys paid or to be paid to him or. account of the Contract Price, or that title to any Work, materials or" equipment has passed to Owner free and clear of any Liens. • • SP-2 Engineer may refuse to approve the whole or any part of any payment if, in his opinion , it would be incorrect to make such representations to Owner. He may also refuse to approve any such payment, or, because of subsequently discovered evidence ur the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect Owner from loss because: the Work is defective, or completed Work has been damaged requiring correction or replacement, claims cr Liens have been filed or there is reasonable cause to believe such may be filed, the Contract Price has been reduced because of Modifications, Owner has been required to correct defective Work or complete the Work, of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up. Substantial Completion: Prior to final payment , Contractor may, in writing to Ov:ner and Engineer, certify that the entire Project is substantially cnirplete and request that Engineer issue a certificate of Substantial Completion. Within a reasonable time thereafter, Owner- . Contractor and Engineer shall make an inspection of the Project to determine the status of completion. If Engineer does not consider the Project substantially complete, he will notify Contractor in writing giving his reasons therefor. If Engineer considers the Project substantially complete, he will prepare and deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between Owner and Contractor for maintenance. • • SP-3 • There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment , and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. Owner shall have seven days after receipt of the tentative certificate during which he may make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to Owner notify Contractor in writing, stating his reasons therefor. If , after consideration of Owner 's objections, Engineer considers the Project substantially complete, he will within said fourteen days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from Owner. Owner shall have the right to exclude Contractor from the Project after the date of Substantial Completion , but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. • • SP-4 Partial Utilization: Prior to final payment , Owner may request Contractor in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If Contractor agrees, he will certify to Owner and Engineer that said part of the Project is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable time thereafter Owner, Contractor and Engineer shall rake an inspection of that part of the Project to determine its status of completion. If Engineer does not consider that it is substantially complete, he will notify Owner and Contractor in writing giving his reasons therefor. If Engineer considers that part of the Project to be substantially complete, he will excecute and deliver to Owner and Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list o; items to be completed or corrected before final payment and fixing the responsibility between Owner and Contractor for maintenance, heat and utilities as to that part of the Project. Owner shall have the right to exclude Contractor from any part of the Project which Engineer has so certified to be substantially complete, but Owner shall all o� Contractor reasonable access to complete or correct items or the tentative list. Final Inspection: Upon written notice from Contractor that the Proiect is compete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. • • SP-5 • Final A22lication for Payment: After Contractor has complete all such corrections to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents - all as required by the Contract Documents, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall b6 accompanied by such data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by Owner , Contractor may furnish receipts or releases in full ; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtness connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor materialnan, fabricator or .supplier fails to furnish a release or receipt in full , Contractor may furnish a Bora or other collateral satisfactory to Owner to indemnify him against any Lien. A22roval of Final Payment; If , on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment - all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor 's has fulfilled all of his obligations under the Contract Documents, he will , within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. Otherwise, he will return the Application to Contractor, indicating in writing his reasons for refusing to approve final payment , in which case Contractor shall make the necessary corrections and resubmit the Application. Owner shall , within ten days of presentation to him of an approved final Application for Payment, pay Contractor the amount approved by Engineer. SP-6 • • If after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of Contractor, and Engineer so confirms, Owner shall , upon certification by Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the • retainage stipulated in the Agreement, and if Bonds have been furnished, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Contractor 's Continuing Obligation: Contractor 's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by Engineer , nor the issuance of a certificate of Substantial Completion , nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by Owner , nor any act of acceptance by Owner nor any failure to do so, nor any correction of defective work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. Waiver of Claims: The making and acceptance of final payment shall constitute: a waiver of all claims by Owner against Contractor other than those arising from unsettled Liens, -From defective work appearing • after final inspection or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. • SP-7 • I-2: IMDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and Engineer and their agents and employees, from and against all claims, damages, losses and Expenses, including but not limited to attorney's fees, arising out of or resulting from the Contractor 's performance of this contract or the work to be performed hereunder. This Indemnification Agreement shall not be limited in any way by an limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker 's or workmen 's compensation acts, disability benefit acts or other employee benefit acts. The obligations of the Engineer , if any, his agents or employees, arising out of (1 ) the preparation or approval oz maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to gave directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. I-3: INSURANCE The general requirements set forth under Article 107.23 shall be deleted and the Contractor shall maintain during the progress of the work insurance witn the minimum limits and coverages as shown b=low: (A) Workmen's Compensation including Occupational Disease Insurance meeting the statutory requirements of the state in which work is to be performed and Employers Liability Insurance in an amount of_ at least $500,000. Policy must waive subrogation against the Owner. (B) Comprehensive General Liability Insurance pro'iiding limits of Bodily Injury and Personal Injury, $1 ,000,000 each person, $1 ,000,000 each occurrence, and $1 ,000,000 aggregate; Procprty Damage $500,000 each occurrence, $500,000 aggregate. The Policy must include the Owner and Engineer as additional insured and provide Premises-Operations, Elevators. Independent Contractors, Broad Form Property Damage, Blanket Contractual covering Indemnities within Contract Documents and Products and Completed Operations coverages. XCU Exclusions must be deleted when applicable to operations performed by Subcontractor. (C) In lieu of including Owner and Engineer as additional insured on (B) above, the Contractor may provide a separate `Owners and Contractors Protective Liability Policy" in the name of Owner and Engineer with limits of liability equal to those in (B) above. (D) Comprehensive Automobile Liability on occurrence basis covering all Owners, Non-Owners, and Hired Vehicles with limits of liability equal to those in (B) above. SP-8 (E) The Owner say furnish, erect or provide equipment, appurtenances and devices, motorized or otherwise. Should the Contractor use such items, the Contractor agrees to insure against either any claims of liability or damage caused by items while in his care, custody or control naming the Owner as an insured party. Liability limits shall be the same as in (B) above. Physical Damage Insurance against damage to the items themselves shall be on a "Replacement Cost" basis waiving subrogation against the Owner. (F) When the Owner is providing Builder 's Risk coverage for one-story masonry buildings having walls without pilasters or structural steel within them, the masonry contractor will protect such walls with a U.L. approved bracing system; in lieu thereof , provide Builder 's Risk Completed Value Fore, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance for 100% of his contract amount including the Owner as additional insured. The policy must be in a form and insurance company satisfactory to the Owner. Any deductible within such insurance will be the responsibility of the Contractor. Certificates of above insurance must state coverage will not be altered, cancelled or allowed to expire before thirty (30) days written notice by registered mail to the Owner. • SP-9 • • Equivalent Workmen 's Compensation, Comprehensive General and Automobile Liability Insurance coverage must be obtained from each sub-contractor or supplier , if any, before permitting him on the project site. It is mandatory that the Owner 's °Certificate of Insurance° form, which will ba provided, be used and properly executed on both sides as explained on the form. No work will be allowed or payments made prior to the receipt of this form properly executed. It is understood and agreed that the insurance :overages and limits required above shall not limit the extent of the Subcontractor 's responsibilities and liabilities specified within the Contract Documents cr by law. • SP-10 SECTION II: ITEMS OF WORK II-1: GENERAL All construction within the limits of this Droiect shall be done in accordance with the Standard Specifications for Road and Bridge Construction in Illinois. adopted October 1 , 19E3, by the Illinois Department of Transportation, and with the 'Special Provisions". REHBOCK SILL ENERGY DISSIPATOR The Energy Dissipator shall be constructed with Class X concrete, and to the dimensions specified in the plans. Payment will be by Lump Sum. All labor, materials, drilling 6" deep holes for #5 bars, and the 05 bars shall be considered incidential to the cost of the Energy Dissipator. ROCK FILLED GABION RETAINING WALL Payment for the rock filled Gabion shall be by the Cu. Yd. The unit price shall include the cost of the wire mesh Gabions, hand laid flagstone at the pace of the Gabion with the remaining material being 4" to B" rock necessary to fill the Gabion, and all materials and labor required for assembly and proper placement of the Gabions. Wire mesh Gabion installation shall comply with Manufacturing_ recommendations and the following specifications: WIRE MESH SAFIDNS (P.V.C. COATED) Materials a. General : The baskets (gabions) shall be made of hexacor,al triple-twist mesh with heavily galvanized steel wire. b. Dimensions: the maximum linear dimension of the mesh opening shall not exceed 4-1/2 inches and the area of the mesh opening shall not exceed 10 square inches. Gabions shall be supplied, as specified, in various, lengths and heights. The lengths shall be multiples (2, 3 or 4) of the horizontal width. The horizontal width shall not be less than 36 inches. However , all gabions furnished by a manufacturer shall be of uniform width. Dimensions for heights, lengths and widths Ere subject to a tolerance limit of +/- 3% of manufacturer 's stated sizes. Fabrication Gabions shall be fabricated in such a manner that the sides, ends, lid and diaphragms can be assembled at the construction site into a rectangular basket of the specified sizes. Gabions shall be of single unit construction - the base, lid, and sides shall be woven into a single unit and the ends shall be connected to the base section of the gabion in such a manner that strength and flexibility at the point of connection is at least equal to that of the mesh. • SP-11 • Where the length of the gabion exceeds four (4) feet, the gabion shall be divided by diaphragms, of the same mesh and gauge as the body of the gabions, into cells of equal length and width. The gabion shall be furnished with the necessary diaphragms secured in proper position on the base in such a manner - that no additional tying at this juncture will be necessary. All perimeter edges of the mesh forming the gabion shall be securely selvedged with wire of not less than 0. 153" diameter so that the joints formed by tying the selvedges have at least the same strength as the body of the mesh. lacing wire shall be supplied in sufficient quantity for securely fastening all edges of the gabion and diaphragms and connecting each gabion to adjacent gabions. Stay wire will be supplied in sufficient quantity to provide for the necessary internal connecting wires in each cell . The lacing and stay wire shall meet the same specifications as the wire used in the mesh except its diameter shall not be less than 0. 0866". The wire mesh shall be made of galvanized steel wire having a minimum diameter of 0.118" and a tensile strength of at least 70.000 psi . The minimum zinc coating of the wire shall be 0.80 oz . /sq.ft. as per Federal Specification GQ-W-461g, Class 3. Tests a. Elongation: The wire mesh shall have sufficient elasticity to permit elongation of the mesh equivalent to a minimum of 10X of the length of the section of the mesh under test without reducing the gauge or tensile strength of individual wires to values less than those for similar wire one gauge smaller in diameter. b. Elasticity: A section of the mesh six (6) feet long and not less than three (3) feet wide, after first being subjected tothe elongation test described above, shall withstand a load test of 6.000 pounds app:ied to an area of one square foot approximately in the center of the section under test. The details of this test are as follows: An uncut section of mesh six (6) feet long, not less than three (3) feet wide and including all selvedge bindings shall have the ends securely clamped for three (3) feet a] ong the width of the sample. When the width of the sample under test exceeds three (3) feet , the clamps will be placed in the middle portion of the width and the excess width will be allowed to fall free on each side of the clamped section. The sample shall then be subject to sufficient tension to cause 1C elongation of the sample section between the clamps. After elongation and while clamped as described above (and otherwise unsupported) , the section shall be subjected to a load applied to an area of one square foot located approximately in the center of the sample section betoeen the clamps, and in a direction perpendicular to the direction of the tension force. The sample shall withstand, without rupture of any wire, or opening of any mesh fastening, an actual load. so applied, equaling or exceeding 6,000 pounds. The ram head used in the test shall be circular with its edges beveled or rounded to prevent cutting of the wires. SP-12 • , .. c. Sinole Strand Cut: The wire mesh shall be fabricated in such a manner as to be non-raveling. This is defined as the ability to resist pulling apart at any of the twists or connections forming the mesh when a single wire in a section of mesh is cut and the section of mesh then subjected to the load test described in the elasticity test above. d. Zinc Coatino and Tensile Strenoth: The tests shall be conducted in accordance with Federal Specification OQ-W-461g, Class 3. Certificates of Compliance Each shipment of gabions to a job site shall be accompanied by a certification which states that the material conforms to the requirements of this specification. A shipment shall consist of all material arriving at the job site at substantially the same time. The certification shall be on company letterhead and shall be signed by an officer of the company having legal authority to bind the company. F.V.C. Coated The same specifications as all of the above apply except for the wire diameters and the additional Polyvinylchloride (P.V.C. ) coating extruded on to all wires prior to weaving as follows: Mesh Wire 2.20 mm. (0.0866") Mesh Eace Wire 2.70 mm. (0. 1063") Selvedge Rod Wire 3.40 mm. (0. i33E") lacing Wire 2.20 mm. (0. 0866") P.V.C. Coating 0. 40 mc . (0. 0150") Resistance of the Coating: The protective coating must be resistant to the air and sea water and must meet the following tests: a. Immersion of the wire for 20 hours in Hydrochloric acid (solution composed 50% HCL concentration 21 Baume-Test temperature 15 degrees C) or immersion for 60 hours in a saturated solution of salt water at 15 degrees C without noticeable loss of weight due to corrosion of the • coating material and without any reduction of the wire 's diameter. b. After immersion of a length of the coated wire in a 3.57. solution of Potassium Permanganate (KMn0/4) for a continuous period of fifty hours at an ambient temperature, the maximum penetration between the coating and the core wire from a square cut end shall be 12 millimeters (0.472 inches) . c. The protective coating will not be altered or deformed by temperature ranging between + 158.0 degrees F and -40 degrees F. • SP-13 • Structural Tests and Strength Reouirements The structural tests shall be conducted in accordance with the State of Colorado Department of Highways, Colorado Procedure CPI-6130 "Method of Conducting Strength Tests of Sabions". The table below shows the minimum strengths required: TABLE FOR MINIMUM STRENGTH Required Minimum Strength in lbs. per linear foot 6ABIONS Galvanized P.V.C. Coated 1. Wire Mesh a. Fulled parallel to wire twist 3,400 3,000 b. Pulled perpendicular to wire twist 1 ,000 1 ,000 2. Connection of selvedge wire to mesh 2,200 2,000 3, Connection of end diaphragm to selvedge wire 1 ,500 1 ,500 4. Connection of center diaphragm to gabion base 1 ,000 1 ,000 ROCK FILLED REVETMENT MATTRESS Payment for the Rock Filled Revetment Mattress shall be by the Cu. yd. The unit price shall include the cost of the revetment mattress, 4" to S" rock required, and all materials and labor required for assembly and proper placement ' of the revetment mattress. Wire Mesh Revetment Mattress shall comply with the same manufacturers specifications and installation instructions as above. SEOTEXTILE 6eotextile fabric shall be placed behind the 6abion as shown in the plans. Fabric shall be Typar, non-woven Mirafi , or approved equal . Payment shall be by Sq. Yd. measured in place and a 1-1/2 foot overlap shall be measured only one time. • • SP-14 ROCK FILL The fill material shall consist of hard, durable, clean stone. 4" and B" in size or as approved by the engineer. STORM SEWER (6") 6" R.V.C. Drain Tile shall be connected to the existing 6" Drain Tile and brought down through the Sabion. All pipe and fittings shall conform to the requirements of Article 709.20 of the "Standard Specifications". Cost of all connecting joint materials needed will be incidental to the cost of the pipe. Payment for 6" Storm Sewer shall be by the Lin. Ft. BACKFILL Backfill behind the Sabions shall be bank run granular material in accordance with Section 704.01 of the "Standard Specifications". Payment shall be by the Cu. Yd. TOPSOIL Areas within the limits of the construction area shall be restored with 6" Topsoil in accordance with Section 216 of the Standard Specifications. . It is anticipated that all required topsoil will be obtained from areas outside the limits of the improvement. The furnishing, hauling and placing of enough topsoil to provide a minirum layer of six (6) inches over all areas to bo sodded will be paid for at the contract unit price per square yard for TOPSOIL PLACEMENT. Payment for Topsoil placement shall be by the Cu. Yd. SOD Sod shall be placed in areas where topsoil placement was necessary for restoration as instructed by the Engineer and in accordance with Section 644.00 of the Standerd Specifications. Payment for Sod shall be by the Sq. Yd. • TREES SHRUBS AND GROUNDCOVERS Planting Preparations Plant locations and outlines of c_roundcover areas shall be marked out on the ground with wooden stakes by the contractor and shall be approved by the Engineer. Excavation of all plants pits shall be scheduled so that it will be followed immediately by the placement of the plant materials and backfill of planting soil. • • SP-15 • • • Planting soil for the purpose of backfilling shall be a pulverized mixture of clean black dirt, humus and/or peat moss mixtures which shall consist of six (6) parts by volume of topsoil mixed with one (l) part by volume of uncompressed humus and/or peat moss. Planting soil in a frozen or muddy condition shall not be used. All plant pits shall have vertical sides and flat bottoms. Depth of pits shall be measured from finished grade. All plant pits shall be a minimum of four inches (4") deeper than the depth of the ball . The width of the pits will be at least eighteen inches (1B") greater than the diameter of the ball . These increases in pit size are to allow for adequate root growth in possible compacted soils. Care shall be taken to place each ball in its pit gently. Ropes and twine that hold burlap to the trunk shall be removed. Topsoil mixture will then be added to allow the topsoil mixture to settle. a. Container plants shall follow the same procedure as above, except the container must be removed before placement. b. Bare root materials shall follow the same procedures as above. Plants shall be planted in a vertical position and faced to give the best appearance or relationship to adjacent structures and all features of the surrounding landscape. Plant Materials All Cant material required to complete the site plan as indicated shall conform to the requirements for nomenclature, quality and size (symmetry, height and spread, etc. ) of the Horticultural Standards for American Nurserymen. This contractor shall be responsible for all inspections of plant material that may be required by the State and/or Local authorities, and he shall secure and - have executed any permits and certificates that may be necessary. a. All plants shall be subject to inspection and approval by the Engineer at any time. . Plants may be inspected where growing, but inspection at place of growth shall not preclude the right of rejection at the site in case of mishandling damage in the interim. • SP-16 Plants shall be adequately balled with firm, natural balls of soil , a width and depth to encompass sufficient fiberous and feeding roots to insure full recovery and development of the plants and shall meet all minimum standards in the current edition of the U.S.A. Standards of Nursery Stock. Balls should be firmly wrapped with burlap or equivalent material and secured thoroughly. a. No balled plant will be accepted when the ball of earth surrounding its roots has been cracked or broken, whether preparatory to or during the process of planting. Any plant may be furnished container-grown instead of balled and burlapped if all other requirements are met. Plants grown in containers shall have sufficient roots to hold earth intact after removal from containers and at the same time not be routbound. Bare root whips should be planted on the same day they are delivered. If planting is not possible, the plants shall be placed in a trench deep and wide enough for the root system. Sphagum peat will then be heeled in around the roots and kept moist until planting. Plants of other kinds or different sizes than those specified in the plant list will be accepted if approved by the Engineer or the Owner before delivery to the site. Tree wrappinc material shall be first quality waterproof crepepaper not less than four inches (4") or more than six inches (b") in width ano of suitable strength. a, Tree wrap shall overlap at least two inches (2") of the oreceding course and shall be wrapped from top to bottom. Wrapping shall start from the first branch to the base or ground level . Only trees of 1-1/2" caliper or greater need and shall be wrapped within seventy-two i72) hours after planting. Pruning of plants shall not be done prior to delivery to site. a. Pruning shall be done with clean, sharp tools and no leviers shall oe cut. b. Cuts over one half inch (1/2") are to be painted over by an approved tree paint. When cuts are made, no stub is to remain. c. All pruning procedures are subject to approval by the Engineer. . • • . SP-17 WATERING The contractor shell make, at the Owner 's expense and approval , whatever arrangements may be necessary to insure an adequate supply of water to meet the needs of this contract. The contractor shall furnish all necessary equipment for the adequate irrigation of all plantings in the contract. This includes seeding and sodded areas. Lack of an adequate water supply shall invalidate the guarantee. GUARANTEE AND CLEAN-UP Guarantee on the life and satisfactory condition of all plants shall be made by the contractor and shall be for a one (1) year growing period, except for any damage by machines, chemicals, or persons not owned or employed by the landscape contractor. The Guarantee is only operative if the Owner provides proper maintenance practices. It is up to the contractor to notify the Owner about problems relating to maintenance or guarantee, sc that they ray be arbitrated. • SP-18 " P ••• . . . • ••. * • ,V . ) ••• . •• •„ ;Is .*0 ., sy„Aro ,-• . ,.. t..-.• . . .,deb,_ , .: ,.. ''. .,,I;L 9v;...., . s., .,...;..f:e. .iWis... . ••f •, V ' .i, .4: . r.4 iii t ' • it Z17141 SI: 3/4.1. .. 4 ..... ..- - , .. :-01.'97104 •.. - ,,,-.1). . ..-•.,;? ..p . I.. .• • .4. . 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P ( h A • M MEMORANDUM DATE: November 6, 1985 TO: James Cook, City Manager FROM: Mike Sarro, Purchasing Director SUBJECT: Tyler Creek Bank Stabilization Bids were opened on October 10, 1985 for the subject project; only one (1 ) bid was received per the attached Tabulation Sheet. The recommendation is to reject this bid; a resolution recommending a negotiated contract with Alliance Contractors Incorporated is included on tonight's agenda under "Other Business" - Item H (15) . MAS/mms r r Ff.,, i e TABULATION OF BIDS ~' 1 c o U) co a, a s_ rn +) i 0 O rO a) 4) O E "O U a t0 r- c M 7 +-) d L c Invitation No. #85-45A w o > ¢ o ¢ N N U Date of Opening 10/10/85 a a M o b o CV .a •r c J d-) Department Engineering o r- -0 Q1 N r to O c >, 0 r0 w -0Q 4 3 tem Description 1 Tyler Creek Stream Bank Stabilization * $34, 162.00 $82,915.00 The required minimum ' 5% Bid Bond submitted with the bid: -- Yes