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HomeMy WebLinkAboutResolution #3481RESOLUTION NO. 3781 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF CANTON AND HOLTHAUS CONSTRUCTION SERVICES FOR WORK ON THE ROOF AT THE PUBLIC SAFETY BUILDING WHEREAS, the Canton City Council on the 20th. day of July, 1999 approved the bid of Holthaus Construction Services of $54,331 to replace the roof at the Public Safety Building; and, WHEREAS, Holthaus Construction Services has submitted a written contract for said work which calls for equal payments of fifty percent on contract acceptance and fifty percent due upon completion and inspection per the General Speficiations. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That upon approval of the contract by the City Attorney, payment per the terms of the contract is authorized to be made by the City Treasurer. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. FASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 3rd day of August 1999. AP VED: '~'~ ~~~, Donald E. Edwards, Mayor Attest: ,~ ,~ Nancy Whit s, City Clerk. CONrRALT THIS AC~tEEN~]T, made this 2 9th day of J u 1 y , 19 a 9, between the City of Canton, Illinois, herein called "Owner", and Holtha us C o n s t r u c t i o n S e r y i c e s , a corporation, partnership, an indivi- dual, (strike out inapplicable teams) doing business for the City of Canton, Ftil.ton County, Illinois, herein called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the OWNER, the CONTRACI~DR hereby agrees with the OWNER to commence and complete the construction described as: t~1aterial and labor to re-roof the Oavid lV. O'Brien Public Safety Buildinn with a fifteen year total labor and material warranty. hereinafter called the "Project", for the sum of F i f ty f o u r t h o u s a n d, three hundred thirty one and no/100 Dollars ($ 54,31.00 ), and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own expense and costs to furnish all the materials, supplies, machinery, equipment, tools, superin- tendence, labor, insurance and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal, the General Conditions, and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract doc~mients therefor as prepared by the City Engineer, herein entitled the Architect/Engineer, and as enumerated in the General Conditions, all of which are made a part hereof and collect- ively evidence and constitute the contract. The Contractor hereby agrees to commence work under this wntract on or before a date to be specified in a written "Order to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of for each consecu- tive calendar day thereafter as hereinafter provided in the General Conditions. The Owner agrees to pay the Contractor in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contracts, and to make payments on account thereof as provided in section "Payments to Contractor" of the General Conditions. ORDER TO PROCEED The Contractor agrees that construction on the project shall, in any event commence by and shall substantially be completed by SPECIRL COPJDITIONS Payment shall be fifty percent payable at contract acceptance, LUith balance due upon completion and inspection of the work as under the General Specifications of .this contract, IN WITNESS WHEREOF, the parties to these presents have executed this contract in six counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL ATTEST: City of Canton, Illinois BY: City Clerk SEAL Mayor Contractor BY: Street Address City, State, Zip Code BID FOR UNIT PRICE CONTRACTS To City of Canton, 210 East Chestnut Street, Canton, IL 61520 (Hereinafter called "Owner"). Gentlemen: Proposal of E.01 t h a u s Construction :, e r v i einafter called "Bidder"), a corporation, organized and existing under the laws of the State of ~ ~ , a partnership, of an individual doing business as H o l t h a u s C o n s t r u c t i o n located at 121 Northridge Lane, Peoria , I L 61614 The Bidder, in compliance with your invitation for bids for a new roof on the David W. O'Brien Public Safety Building and the Fire Department Engine Bay, having been informed of the specifications, hereby proposes to furnish all the materials, in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in fiunishing the item requested under the contract documents ofwhich this proposal is a part. *Bidder acknowledges receipt of the following addendum: Bidder agrees to furnish said item described for the following prices: ITEM f 1 a t e r i a l & Labor t o Total Price ate-roof David l'!. O'Brien Safety Bldg. X54,331.00 New Roof On Public Safety Building Including the Fire Department Bay, including all necessary repaus. $ $54,331.00 Please attach your suggestions as to the proper repairs and proper method of repair including all materials and labor. The Bidder acknowledges that the City of Canton reserves the right to alter or amend bid specifications without notices, to withdraw the bid specifications, to reject any or all bids, and to waive any informalities in the bidding. The Bidder irrevocably waives any claim for damages or out-of-pocket expenses caused by the City's alteration or amendment or withdrawal of the bid specifications, or rejection of the bids. Signature: Date: 7 / 12 / 9 9 CEATTFiC.'LT10N-OF 8100EA REGARDING EfltJAI. E~IAPLOYMEAIT''OPPORTUNITY This aerrfflation is required ptttsuaat to Eaetutire Order 11.46 (3t) F. R. 1rI9•Z~. Ths iraplmsmtia= nrles aad te;uiatioas p:aride that say biddsr or prospecsirs caatrrctor. or aay of their ptvposed subcoa- t:acta:=. shall mte ss as iaitial part of the bid or ne=otiatioas of the caatraa whether it has psraepsted is aay previous contract or subeoatrus subject to the aqua! oppotttraity louse: sad. if so. whether it has tiled aJl cotapliaace eeparts due wader appliabie iasaructions. When the artiticstion iadiatrs that the bidder has not tIIed s complisaa report due wader appppirable ia- sauctions. suds bidder shad be required to subarit a ~rapliaaea eeporc arithia seyea czieadsr days after bid openrn=. Yo contrlct shall bs awarded unless such report is submitted. cf~ra~c.~-noN sY e~cc~~ ~.~.s wwo .ooaess of Eioosn rrweu.. z1r G~.r 1. S1d0ar ns oarsdosae in ~ O~mas eon~aa or weo~a woMe= to eta Eeua~ Gooorosnitl- Qauf~. Q Yp ^ r'~e 2 Comolis~o raoero rwn ~equin0 m a Ahd in mneweaon Meet mC7 mna7et or s~roean4aes. Q Yu C Ne i Sider nay fsl.a au menaiere Hoorn awe una~r ~ooliaole ifOOSiCae1Y. ' C ru C Ne C Near a.oeu.a s, Mew y0Y Mf OEM or 7ft YOY ONeR CpnsiONlO fOt sale7on Ow m aalaooll Ot Es~Cm~ G+aM 112x6. a amN+oeol Yy C Ne N~1r! .-NO TsTL Oi srG~Elt III... nwr. i1Gr1I-TtJ11E OJ-Ta Ilw~~ ian~ r~~JOJa7LC•t , .w~ ~i Cbw~ VI-27 To: Connie Westhafer From: Linda Caudle Phone: 647-1288 Date: 6/8/99 Re: Display Ad Please run a small, boxed display ad on June 17, 1999, June 23, 1999 and July 2, 1999. Send proof of ad along with bill. THANI{,S The City of Canton will accept separate, sealed bids for a new roof on the David W. O'Brien Public Safety Building. Bids and proposals must be received by 5:00 p.m July 13, 1999 in the City Clerk's Office, 210 East Chestnut Street. Bids will be opened at the City Council Clerical Committee Meeting July 13, 1999 at 6:30 p.m The City has the right to reject any and all bids. For bidding information contact George Spahr, City Building, 309/647-5022. Nancy Whites, City Clerk P.o. No. a r.4., HOLTHAUS CONSTRUCTION SERVICES poh ea~a:e 1!1 c NoRnaNOOe ur. reoRU- ~ elel4aola PROPOSAL ~ City of Canton 210 East Chestnut Canton, Iilinoia 61520•. Attn: Mr. George Spahn (PaoHe ~ o~m July I2, I999 ,loe carte i uxwnoN Public Safety Building First b Spruce Streets .~ n+orrc • ha~elr suaml tp~allo~ooln alo Nom.s. ra: Material and labor to reroof Public Safety Building: • Overlay and mechanically attach Amocor Protection board to existing roof construction. ~. Mechanically attach .040" thick DURO-LAST roof membrane to existing roof construction. Aemove existing sheet metal parapet wall caps, numbered and stored. Install DURO-LAST factory fabricated parapet wall fleshings, encapsulating the top of the wall. Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes, fan curbs, roof top dnits,pitch pans,roof drain boots, etc. Reinstall existing sheet metal parapet wall caps. Install eighteen (18) walkway pads (30" x 60") at roof top units. Note t11: Repair and/or replacement of deteriorated substrate material is not included in this proposal. ~• Note X02: A fifteen year total labor and material warranty will be issued upon completion of the work. A sample copy is enclosed for your reference. We appreciate the opportunity to make this presentation. Thank you. We Proposs n«.by to hw~.b m~Nritl.nd abor • cornpln In.oeadanc~ w+d,lM.bw..p~eflle.tio~., fa th..um ot: Fifty four thousand, three hundred thirty one and 00/IOO eolwr+~t54,331.00 ~• HNarwr is M nraM ~ IYMrr.r Fifty percent payable at contract acceptance , with balance due upon completion of the work. IN rrwM w *arwrl..d b a • fOMYhd. All cast to a eangNMd M . wabrrralN rrwnnw .eeer~ te.ewrdwA p.e+leM. Mp.Iwr.Men er d.vNllerr horn.bev~.paNk.llon. brvelvirr0 ~ ~' ear. eea. will tr auwa.e asp ~ wrAlan alo., and will bNaM.rr.aer. eAwy. ov.r ilpnstx. ard.lew tM otlaMn. /~1 aorwnwar aeMMMMI upen.altw..eeldmb a dWp MYOnd av.errlrol. Nepalr ewr~w r.rry IMR t,nrads.ad atlw n.o..wy t+.urwre.. Ow watts w Mgr.swN a YY'alnnn'~ Grn~wraYen twurea Nen: y~jr ~iro~iee.prd wltldn dM• 30 Acceta~cs of Proposal .T,,..~,r. ork....p.olnc.Nor» .l,d «. allM.efory.nd N. h.rrbr.oe.pt.d. rou u..unlorlnd b de tlN wale M ~p~dfMd. P~ylmM wiq b~ m~ N aAlll»d bow. • marwa~ O.b d Am.phrre.: HOLTHAU8 CON8TRUCTION 8ERVICE3 ~1 dt•ditb 1!1 E NiDRTftIp00E W. ~rA, a ne:s.eo:e ~ City of Canton Z10 East Chestnut Canton, Illinois 61520•. Attn: Mr. George Spahn PROPOSAL wry ntoNe July 12, 1999 .ios NAME i t.OGnON Public Safety Building First & Spruce Streets .ia NUN1lE11 • n«wr subrttN ~pualliaHetr ntd MYmuar tor: Material and labor to reroof Public Safety Building: Overlay and mechanically attach Amocor Protection Board to existing roof construction. Mechanically attach .040" thick DURO-LAST roof membrane to existing roof construction. Remove existing sheet metal parapet wall caps, numbered and stored. Install DURO-LAST factoty fabricated parapet wall fleshings, encapsulating the top of the wall. Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes, fan curbs, roof top ~inits,pitch pans,roof drain boots, etc. Reinstall existing sheet metal parapet wall caps. • Install eighteen (18) walkway pads (30" x 60") at roof top units, Note i91: Repair and/or replacement of deteriorated substrate material is not included in this proposal. ~. Note i?2: A fifteen year total labor and material warranty will be issued upon completion of the work. A sample copy is enclosed for your reference. We appreciate the opportunity to make this presentation. Thank you. We Propose Mnby to h,roblt tn.grw and i~bor • cornplN~ In ~ccord.~e~ with tn. bow sp~elflcationt, fa the gum ot: Fifty four thousand, three hundred thirty one and 00/l00 doA•t+it54,331.00 I• I~sewst r M onM ~ leMttu Fifty percent payable at contract acceptance , with balance due upon completion of the work. M mrlwlM M ~uuoMwd Is M ~,pesNNd. AN wei! b ~ eetnptebd In ~ w~wYnwdRe mniner ~000r~11 f t0 NNIdMd Pr~Of~~. A11r N1MMi011 Or dtVlMiOn «qll b011/ ~C~MM ~IWIV~AO ~ w • ellbe 00/r ~ i» ereattee edr coat w~Nten erden.,nd wQ beeenN M M11 elarQe aver and ebeYe tZle ~IIIM. M ~/111Mtr eOStlMgeik I~OA ~ttNtN. e061dtM1!<q dWye t»yond av eottrraL /rapwl- ewnw b Mrry IM, Iortt~de tatd aslnr neomrlr ltruwnee. Our warkM f2!• tuM epM~ted e'P YYtarYrntt'~ CMtt}Mte~etl i1t~111Mtee. Nett prePoal ~ (N by w • noe.ee.ona «~ 30 °~'' Accsncs of Proposal •TM..~.pris:M,.p~citb.tion. rrtd «~ MtMaabrr stud au h~nby etxePt~• you ~n «Ahor~ud ~~ ~ d0 ttM Work ~ tlpt>eill~d. t~yrtnttt WIN b~ tlttld~ M oudltnd elbow. • t;iplMhlre OtMr dAeeNiYttee: ' ~ # ' ~ ~ •., 15 Year r ~~~ ' • w Sti-- @~~ ~ No. ' ~ ~~-ST ` S • ,~.,-,. ~'~ ,: ~$~~ • ~ Aoofing~ Inc. 525 Morley Drive ~ ~ Warrant y ~`4•~h~ • I Saginaw, M1 48601 ttI"° ~ n r€~~1}' , DURO LA b ldi b l ;: t • y to the ui ng ST, INC., the sole owner of the Trademark DURO•LAST, grants a limited w rran ,!:!~:+•I:?k~+ `. Owner who had a DURO•LAST ROOFING SYSTEM installed by an Authorized Dealer/Contractor subject ;~si~~},;~' ;, ; to the conditions and Ilmltations contained herein. / ,: ~ . >' ~' t~';i ~~M '{ ' ^ , ~ DURO•LAST, INC.'a obligation during the 1st through the 15th years shall be to repair'any leak ~in the ` '~ ' ~ roof caused by any defect In the DURO•LAST, INC. membrane materials or accessories or by the workmanship •#f~.°'' ~ ~~ ~~~` ~ of the Authorized Dealer/Contractor. This obligation Includes the repair or replacement of membrane material , . •= and accessories and the cost of or furnishing of labor to repair said roof at the contractor list price which .,_(~, . ~ la in effect at the time of repair, provided the following conditions are met: ~! ; ' '" ' <`'~~ ~ 1. DURO•LAST, INC. has authorized the repair, and. ~~~~4~U'' ~; ~ 2. An Authorized Dealer/Contractor makes the repair. +~~~'~•~"'~'~~ .:: ~ ~ LIMITATIONS . }(F ~•~i~~ll~, dr ~1{.. t . «' ~ ~ } , 1. The Owner or his/her authorized agent shall notify the corporate headquarters of DURO•LAST, INC. ~;-~~~'~{ ~ ; In writing within 30 days of the discovery of any leak. ~ f r `'a ~ ~ 2. This warranty does not apply to a roofing system on a porch, sun deck, garage, storage shed or single f r i • family residence of Less than 1,000 square feet. ; . =~r;•~~ ~ 3. DURO•LAST, INC. shall in no Instance be held Ilable io'r any damages whatever arising from causes ry ==3'~ '~ ` not fully within Its control, Including among other such causes: ` #~~~~}} ~•'' (a) Damage caused by fire, lightning, hurricanes, gales, `hall, tornadoes, floods, and earthquakes; or is«~;+~;, (b) Damage caused by intentional acts, negligence, failure of Owner to use reasonable care, accidents, i~~t~~h„• ~;, (nctuding, but not Ilmited to, acts by Owner or third party, riots or vandalism; or t,'=:~~~,~; ; (c) Damage caused by any unauthorized modlficatidn to said roof Including, but not Ilmited to, damage ~tx%;-,.~{ ' caused by unauthorized components used in Installation or repair, or by additional equipment or ~' ~.~,,. structures added to or made a art of said roof or :dams a caused b chemicals not normal) P 9 Y Y ~ ' $ -_ -- ~• •~~ h. ~ found in nature; or (d) Moisture entering the roof systerrl trough walls, copings, structural detects, or any part of the ,- ---:>:-4 yt- ' building structure, including from adjacent buildings. y 'C~t~ ~,„` «~ ~ (e) This limited warranty specificaliy•'dotls not extend to the color of DURO•LAST ROOFING SYSTEM installation. ~, ~ ' . • :; €#j ' , ; 4. DURO•LAST, INC. is not Ilable under this warranty finless: } ,; „~f ~1~3:`_ ; (a) Owner compiles with the tertns acid Ilmltations of this limited warranty and acknowledges that a !Q'$f ' ~ hislher failure to do so releases bURO•LAST, INC. from an Ilabilit and ~~~• . (b) Owner allows DURO•I.AST, INC.'a agents. or Authorized OealerlContractor access to said roof; and $c~,! (c) Owner has paid Authorized OealeNContractor in full for said roof and DURO•LAST, INC. has been paid In full. Sea. ~~~_,~,, i 5. This Ilmited warranty can be assigned with the written permission of DURO•LAST, INC. _'''"~~ i~ ~' s's uil { ' 8. This limited warranty•is valid only with the written acceptance caused by the Owner's signature on ~~~~?~ .„ .1 ; this limited warranty. ! ~ --.. , ~ i:k-)~~;+:"~ gf (his •limited warranty shall be considered that their form, execution, and validity ; 7. Ail Interpretations ~~ •1 wll (~~ ,,; thereof shall be controlled by the laws of the State of Michigan. t••i=='fs`~i, t 8. DURO•LAST, INC. does qot waive any rights under this limited warranty if it does not enforce the Ilmltations. . :{s?~~: ~ ~. No warranties, express ~r Implied, representations, promises or oral statements have been made by any ~s~i' ! representative of DURO•LASTI INC., and Owner is not to rely on same unless endorsed hereon In writing. ~~•.. ,1,~• Oral .representations cannot be relied upon as correctly stating the representation of DURO•LAST, INC. , , 7~y Ij 'Zi~~NI I ii yy I A . ~ 'f~~ ~ ~. ~,.-.-..may LAST ® INC URO ~, ~ . i ?.N , - . .+ D ~+~~11~ r it s=~~m a ,_~{;..'~ I ' •,• DATE .!~ BY '• +~ ~'~' I !~;[}It ~ ;!i ~~~. -~, ;~~ ~ Customer's Signature Customer's Address Name and Address of Building (if different from above. ':IM.S ~- ssti.„!:. ~ ~' DL 1'5.00 Fev. Blpl ^+• ~ ,N,`?' i ~;:: p ,f„ ! ii ~ A ~i . „ n% ram. ...r .: ... ...~{ GENE~2AL SPECIFICATIONS INSTRUCTIONS TO BIDDERS. All bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder. b. Bid Documents including the Bid, the Bid Guaranty, the Non-Collusion Affidavit and the Statement of Bidder's Qualifications (if requested) shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the words "Bid Documents", project number, name of Bidder, and date and time of bid opening in order to guard against premature opening of the Bid. c. The Local Public Agency may consider as irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject the same. d. If the Contract is awarded, it will be awarded by the Local Public Agency to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents. e. Each Bidder shall include in his Bid the following information: Principals Names Social Security Numbers Home Addresses, including City, State and Zip Code Firm Name Treasury Number Address City, State & Zip Code 1 . B I D GI.tAF~~ANTY . a. The Bid must be accompanied by a Bid guaranty which shall not be less than ten percent (1096) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a bid bond in the form attached. The bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid bond shall be within the maximum amount specified for such company in said Circular 570;. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Canton, Illinois. Cash deposits will not be accepted. The bid guaranty shall include the execution of the Agreement and the performance of the bidder in completing the project. 2. INSPECTIQV OF SITE. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing and the Local Public Agency will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 3. UNIT PRICES. The unit price for each of the several items in the proposal of each Bidder shall include its prorata share of overhead so that the sum of the products obtained by multiplying the quantity shanm for each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to review the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allo•;red, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original Contract price by more than twenty-five percent (25~~), except for work not covered in the Drawings and Technical Specifications as provided for in Section 11 hereof. 4 . AWARD OF CCIVTRACT ; REJECTION OF B IDS . a. It is the intent that the Contract will be awarded to the responsible Bidder submitting the loarest Bid complying ~.vith the conditions of the Invitation for Bids. The 3idder to whom the award is made will be notified at the earliest possible date. The Local Public Agency, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or vraiver is in its interest. b. The Local Public Agency reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract. 5. EXECUTION OF AGREEA/ENT: PERFORM~WCE AND PAYMENT BOND a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Local Public Agency an Agreement in the form included in the Contract Documents in such number of copies as the Local Public Agency may required. b. The failure of the successful Bidder to execute such Agreement within ten days after the prescribed forms are presented for signature, or within such extended period as the Locai Public Agency may grant, based upon reasons determined sufficient by the Local Public Agency, shall constitute a default, and the Local Public Agency may either award the Contract to the next lowest responsible Bidder or readvertise for Bids, and may charge against the Bidder the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable Bid is received by readvertising the defaulting Bidder shall have no claim against the Locai Public Agency for a refund. 6. WAGES AND SALARIES. a. Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. b. The rates of pay set forth under GENERAL CONDITIONS, PART II, are the minimums to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local tabor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. 7 . EQUAL ENPLOYNEN'T OPPORTUNITY . Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. 8 . PARTIAL PAYtv'IENTS . a. The Contractor-='shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of ;vork completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10°,0) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the Agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. b. Monthly or partial payments made by the Local Public Agency to the Contractor are moneys advanced for the purpose of assisting the Contractor to expedite the work of the construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such vrork and materials by the Local Public Agency. Such payments shall not constitute a ~roaiver of the right of the Local Public Agency to require the fulfillment of all terms of the Contract and the delivery of ail improvements embraced in this Contract complete and satisfactory to the Local Public Agency in all details. The total value of work completed to date shall be based upon the estimated quantities of work completed to date on each item and the unit prices established in the COST BREAKDO."~'J and adjusted in accordance with the value of ~•rork completed to date on approved change orders. 9 . F I N4L PAYILENT a. After final inspection and acceptance by the Local Public Agency of all work under the Contract, the Contractor shall prepare his requisition for final payment vrhich shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments. Final payment to the Contractor shall be made subject to his furnishing the Local Public Agency with a release in satisfactory form of afl claims against the Local Public Agency arising under and by virtue of his Contract, other than such claims, if any, as may be specifically excepted by the Contractor from the operation of the release as provided under Section 15 hereof. b. The Local Public Agency, before paying the final estimate, may require the Contractor to furnish releases or receipts from all subcontractors having performed any v~ork and all persons having supplied materials, equipment (installed on the project) and services to the Contractor, if the Local Public Agency deems the same necessary in order to protect its interest. The Local Public Agency, however, may if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no ~vay impair the obligations of any surety or sureties furnished under this Contract. 10. ~~'Ill-IF-IOLD I fJ~a PAYi4'El~JTS. The Local Public Agency may withhold from any payment otheravise due the Contractor so much as may be necessary to protect the Local Public Agency and if it so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Local Public Agency and will not require the Local Public Agency to determine or adjust any claims or disputes betvreen the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Local Public Agency elects to do so. The failure or refusal of the Local Public Agency to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 11 . G-l4'~ES I N THE VtiOZi{. a. The Local Public Agency may make changes in the scope of the work required to be performed by the Contractor under the Contract or making the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or 'any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided othe revise. b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency authorizing the Contractor to proceed vrith the change. No claim for any adjustment in the Contract Price, will be valid unless so ordered. expense of the Contractor and the Contractor and his surety shall be liable to the Local Public Agency for any excess cost occasioned the Local Public Agency thereby, and in such event the Local Public Agency may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. b. Liquidated Damages for Delays. If the work is not completed within the time stipulated including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual damaged occasioned by the delay) for each calendar day of delay., until the work is completed, the amount of $30.00. c. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the ~;rork due: (1) To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency; (2) To any acts of the Local Public Agency; (3) To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other Contract with the Local Public Agency, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargos, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and (4) To any delay of any subcontractor occasioned by any of the causes specified in subparagraphs (1), (2), and (3) of this paragraph "c". Provided haNever, that the Contractor promptly notifies the Local Public Agency within ten (10) days in writing of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this 12. CLAIMS FOR EXTRA COST. a. If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Local Public Agency, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. b. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, that would be reasonably estimated from the Drawings and maps issued. c. Any actual conditions shall at once be shall not proceed instructions have Agency. discrepancies which may be discovered between and those represented by the drawings and maps reported to the Local Public Agency and work except at the Contractor's risk, until written been received by him from the Local Public d. If, on the basis of Local Public Agency determines that Price and/or time is justifiable, provided in Section 11 thereof. the available evidence, the an adjustment of the Contract the procedure shall be as 13 . TERMINATION : DELAYS : ADD L 1 QU 1 DATED QAAA~L.;ES . a. Right of the Local Public Agency to Terminate Contract. In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Local Public Agency may serve written notice upon the Contractor and the surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Local Public Agency shall immediately serve notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract; provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of the mailing to such surety of notice of termination, the Local Public Agency may take over the work and prosecute the same to completion by Contract or by force account for the account and at the expense of the Contractor and the Contractor and his surety shall be liable to the Local Public Agency for any excess cost occasioned the Local Public Agency thereby, and in such event the Local Public Agency may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. b. Liquidated Damages for Delays. If the work is not completed within the time stipulated in Section hereof, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual damaged occasioned by the delay) for each calendar day of delay,, until the work is completed, the amount of $50.00. c. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due: (1) To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency; (2) To any acts of the Local Public Agency; (3) To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other Contract with the Local Public Agency, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargos, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and (4) To any delay of any subcontractor occasioned by any of the causes specified in subparagraphs (1), (2), and (3) of this paragraph "c". Provided however, that the Contractor promptly notifies the Local Public Agency within ten (10) days in writing of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this Contract, the delay is properly excusable, the Local Public Agency shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 14 . ASS i GNNENT OR NOIJAT I ON. The Contractor shall not assign or transfer, whether by an assigr~nent or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Local Public Agency; provided, however, the assignments to banks, trust companies, or other financial institutions may be made without the consent of the Local Public Agency. No assignment or novation of this Contract shall be valid unless the assignment or. novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 15. DISPUTES. a. All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR- STANaAFZDS PRDV I S 1 CNS under GD~E.FZAL OC(~D I T I ONS , PART I I whether involving law or fact or both, or extra work, and ail claims for alleged breach of Contract shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Local Public Agency for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim, but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to th receipt by the Local Public Agency of notice thereof. b. The Contractor shall submit in detail his claim and his proof thereof. Each decision by the governing body of the Local Public Agency will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his last known address. c. If the Contractor does not agree with any decision of the Local Public Agency, he shall in no case allow the dispute to delay the work but shall notify the Local Public Agency promptly that he is proceeding with the work under protest and he may then except the matter in question from the final release. 16. CARE OF WORK. a. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the Local Public Agency. b. The Contractor shall provide sufficient competent watchmen, both day and night, including-Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. c. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Local Public Agency, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Local Public Agency. Any compensation claimed by the Contractor on account of such emergency work will be determined by the Local Public Agency as provided in Section 11 hereof. d. The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. e. The Contractor shall store up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Local Public Agency from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Local Public Agency may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 17. ACCIDEM PREVENTION. a. No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency may determine to-be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable laws. c. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. d. The Contractor shall indemnify and save harmless the Local Public Agency from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. 1 S . 1 NS PELT' I CN. a. All materials and workmanship shall be subject to inspection, examination, or test by the Local Public Agency and the Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction is carried on. The Local Public Agency shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the project area and replaced with material of specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Local Public Agency may by contract or otherwise have the defects remedied or rejected materials removed from the project area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the Local Public Agency. b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Part II hereof). All tests by the Local Public Agency will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. c. The Contractor shall notify the Local Public Agency sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Local Public Agency, the Contractor shall uncover for inspection and recover such facilities all at his otivn expense, when so requested by the Local Public Agency. d. Should it be considered necessary or advisable by the Local Public Agency at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or hi.s subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent of such costs to cover superintendence, general expenses and profit, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contractor has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. e. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of material as a whole or in part will be made to the project site. f. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Local Public Agency or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 19 . REV i EW BY LOCAL PURL i C AGENCY . The Local Public Agency, its authorized representatives and agents and the representative for the secretary shall, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Local Public Agency through its authorized representatives or agents. 20. FIN4L INSPECTION. a. When the improvements embraced in this Contract are substantially completed, the Contractor shall notify the Local Public Agency in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Notice will be given at least ten (10) days prior to the date stated for final inspection, and bear the signed concurrence of the representative of the Local Public Agency having charge of inspection. If the Local Public Agency determines that the status of the improvements is as represented, it will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. The inspection party will. also include the representatives of each department of the Local Government having in charge improvements of like character when such improvements are later to be accepted by the Local Government. 21. DEDUCTION FCR UVOORFZECTED WORK. If the Local Public Agency deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the contract price will be made by agreement between the Contractor and the Local Public agency and subject to settlement, in case of dispute, as herein provided. 22. INSURANCE. The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Local Public Agency, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved. a. Compensation Insurance. The Contractor shall procure and shall maintain during the life of this contract Wbrkmen's Compensation Insurance as required by applicable state or territorial law for all of his employees to be engaged in work at the site of the project under this Contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide 1orkmen's Compensation Insurance for ail of the tatter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. b. Contractor's Public Liability and Property Damage Insurance and Vehicle Liability I- nsurance. The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Special Conditions. c. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type in the amounts specified in the Special Conditions specified in subparagraph (b) hereof. d. Scope of Insurance and S ecial Hazards. The insurance required under subparagraphs fib) and c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operation under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Special Conditions. e. Builder's Risk Insurance (Fire and Extended Coverage. Until the project is completed and accepted by the Local Public Agency, the Local Public Agency, or Contractor (at the Local Public Agency's option as indicted in the Special Conditions) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Local Public Agency, the Contractor, and subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his surety shall be obligated to full performance of the Contractor's undertaking. f. Proof of Carriage of Insurance. The Contractor shall furnish the Local Public Agency with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the tollowing statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Local Public Agency." 23. PATENTS. The Contractor shall hold and save the Local Public Agency, its officers, and employees, harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract,. specifically stipulated in the Technical Specifications. 24. WARRANTY OF TITLE. No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with alt improvements and appurtenances constructed or placed thereon by him to the Local Public Agency free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection or ay rights under any law permitting such persons to look to funds due the Contractor in the hands of the Local Public Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to ail persons furnishing materials for th work when no formal contract is entered into for such materials. 25. GENERAL GI`1ARANTY. Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this Contract by the Local Public Agency or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of twelve (12) months from the date of final acceptance of the work. 26 . CCNTFiA~('TOR' S AhD SUBO~NTRA~(`TOR' S PURL 1 C L 1 AB I L ! TY, VEHICLE LIABILITY, Af~D PROPERTY [~AK'E I iVSURAPIC~. As required under Section 22 of the General conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be an amount not less than $500,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $200,000. The Contractor shall either (1) required each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. CONPFtALT THIS AC~ZEEMIIVT, made this 2 9th day of J u 1 Y 19 9 9, between the City of Canton, Illinois, herein called "owner", and Holtha us C o n s t r u c t i o n S e r v i c e s , a corporation, partnership, an indivi- dual, (strike out inapplicable terms) doing business for the City of Canton, F1~lton County, Illinois, herein called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the OWI~t, the OONrRACTOR hereby agrees with the OWI~IER to caitmence and complete the construction described as: r~1aterial and labor to re-roof the David tel. O'Brien Public Safety Buildinn with a fifteen year total labor and material warranty. hereinafter called the "Project", for the sum of F i f ty f o u r t h o u s a n d, three hundred thirty one and no/100 Dollars ($ 54,31.00 ), and all extra work in connection therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own expense and costs to furnish all the materials, supplies, machinery, equipment. tools, superin- tendence, labor, insurance and other accessories and services necessary to coR~lete the said project in accordance with the o~nditions and prices stated in the Proposal, the General Conditions, and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract doc,-~anents therefor as prepared by the City Engineer, herein entitled the Architect/Engineer, and as enumerated in the General Conditions, all of which are made a part hereof and collect- ively evidence and constitute the contract. The Contractor hereby agrees to oam<mence work under this contract on or before a date to be specified in a written "Order to proceed" of the Owner and to fully ocx~lete the project within consecutive calendar days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of for each consecu- tive calendar day thereafter as hereinafter provided in the General Conditions. The Owner agrees to pay the Contractor in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Conditions of the Contracts, and to make payments on account thereof as provided in section "Payments to Contractor" of the General Conditions. ORDER TO PROCEED The Contractor agrees that cons ruction on the project shall, in any event commence by be completed by and shall substantially SPECIAL COPJDITIONS Payment shall be fifty percent payable at contract acceptance, with balance due upon completion and inspection of the work as under the General Specifications of .this contract. IN WITl~ESS TnhiEFt~OF, the parties to these presents have executed this contract in six countA~-„ts, each of which shall be de~red an original in the year and day first above mentioned. SEAT. City of Canton, Illinois AZTEST: BY: Mayor City Clerk Contractor BY: Street Address City, State, Zip Code BID FOR UNIT PRICE CONTRACTS To City of Canton, 210 East Chestnut Street, Canton, IL 61520 (Hereinafter called "Owner"). Gentlemen: Proposal of F. 01 t h a u s Construction S e r v i ~l~einafter called "Bidder"), a corporation, organized and existing under the laws of the State of 7 ~ , a partnership, of an individual doing business as H o l t h a u s C o n s t r u c t i o n located at 121 Northridge Lane, Peoria , I L 61614 The Bidder, in compliance with your invitation for bids for a new roof on the David W. O'Brien Public Safety Building and the Fire Department Engine Bay, having been informed of the specifications, hereby proposes to fiunish all the materials, in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in furnishing the item requested under the contract documents of which this proposal is a part. *Bidder acknowledges receipt of the following addendum: Bidder agrees to furnish said item described for the following prices: ITEM P1 a t e r i a l « Labor t o Total Price ~e-roof David L'!. 0' Bri en Safety B1 dg. X54,331.00 New Roof On Public Safety Building Including the Fire Department Bay, including all necessary repairs. $ $54,331.00 Please attach your suggestions as to the proper repairs and proper method of repair including all materials and labor. The Bidder acknowledges that the City of Canton reserves the right to alter or amend bid specifications without notices, to withdraw the bid specifications, to reject any or all bids, and to waive any informalities in the bidding. The Bidder irrevocably waives any claim for damages or out-of-pocket expenses caused by the City's alteration or amendment or withdrawal of the bid specifications, or rejection of the bids. Signature: Date: ~ / 12 / 9 9 CERTiPiCAT101~OF $10DEA REGAAOING EflL1AL EMPLOYMi3VT'OPPORTUNITY . - iNSn+ucno~s This aercftiation is requiszd pur:uaat to Etecutive Order 11:46 (30 F. R. IG19-ZS). Ths impiemeatia= rules znd re;tdztions provide that ziry bidder or prospectivs oaatrtctor. or zay of their proposed subcoa- teacto:s. shall stzta ss zo initial part o! the bid or ne=otiatioas o! the eaatrset whether it has partcpated is arry previous connaci or subcoaasct subject to the equal oppoRi:airy ciauss: gad. it so. whether it has filed all compliance repoRS due under appliabie iast:uctioas. When the certification indicates that the bidder has not filed z compiiaaa repoR due under aQ~ppiiable ia- structions. such bidder shall be required to submit z ~mpliaaea report within seven aiendar Sys after bid ope~t;, YO Contract S1i311 be awarded uNess such RpOR is submitted. CfAT1!<iGAT10N BY S100ER N/WE ANO I10DREZS OF ilOOER /fwanuN ~ ~prl 1. SidCer ns oai~ooaeee .n a pernaas eonvaet a ulbeonvses sooner m e+e Eoual Oaoorau+R1- Gauge. G Y~ G Ne 2 t:on+aia<+o veers r.ae nouine ao be Aleal in esx+neeaon ^n41 suCS asnaaa or sobeenaratz G Y• G Ne l Sutler vas A1aa u1 eon+aiane: moors aue unaer aalaie~ae hsosxaa+.. G Ya G No G None geouus0 i, New You Mr al~w+ or sra YOU Dnnq a~nfsOefeO fer 1anC7on Our ass wolailoal of Esaaitlw Croat l iZab, ae aRanoeol Yes G Ne N~YE ANO TITL OF SIGSIER IIS~ mw+, SiGAII-TtIRE a'TE I Rw~s sen~ r.u01Z3a.q•1. wrM~ a Qsrws AYi~fH.l 11 l•a1 VI-27 To: Connie Westhafer From: Linda Caudle Phone: 647-1288 Date: 6/8/99 Re: Display Ad Please run a small, boxed display ad on June 17, 1999, June 23, 1999 and July 2, 1999. Send proof of ad along with bill. THANI{S The City of Canton will accept separate, sealed bids for a new roof on the David W. O'Brien Public Safety Building. Bids and proposals must be received by 5:00 p.m. July 13, 1999 in the City Clerk's Office, 210 East Chestnut Street. Bids will be opened at the City Council Clerical Committee Meeting July 13, 1999 at 6:30 p.m The City has the right to reject any and all bids. For bidding information contact George Spahn, City Building, 309/647-5022. Nancy Whites, City Clerk ~~ No. d hpM HOLTHAUS CONSTRUCTION SERVICES won eee~e:e ,n E ~ w. -eoau~, ~ e~a~~ao~e ~ City of Canton 210 East Chestnut Canton, Illinois 61520•. Attn: Mr. George Spahn PROPOSAL pH~ Danz July 12, 1999 ,ioe wur+E i ~ocatioN Public Safety Building First ~ Spruce Streets .w~ aos none honbq ot~ntrt op~ol~laaons ana o~omrano ra: Material and labor to reroof Public Safety Building: • Overlay and mechanically attach Amocor Protection Board to existing roof construction. ~, Mechanically attach .040" thick DURO-LAST roof membrane to existing roof construction. Remove existing sheet metal parapet wall caps, numbered and stored. Install DURO-LAST factory fabricated parapet wall fleshings, encapsulating the top of the wall. Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes, fan curbs, roof top tinits,pitch pans roof drain boots, etc. Reinstall existing sheet metal parapet wall caps. • Install eighteen (18) walkway pads (30" x 60") at roof top units. Note ~1: Repair and/or replacement of deteriorated substrate material is not included in this proposal. Note #2: A fifteen year total labor and material warranty will be issued upon completion of the work. A sample copy is enclosed for your reference. We appreciate the opportunity to make this presentation. Thank you. We Proposs Mnby to /wntih m.aral and Ubor • eomplsto In oocord~nco with rho obovo opocNlcaUom, for tho sum ot: Fifty four thousand, three hundred thirty one and 00/100 ~•It54,331.00 t• /MA~w M rnoM o foMMa Fifty percent payable at contract acceptance with balance due upon completion of the work. Af nrM+M w Nrratrlood b M • w•eMl.e. all wah b bo 1n ~ warturwnlAn mr+rinor ~eear~ b oUndorA pn~atbM. am ~horollen or dovloYen honr Novo ~ bvalvbp • i !M OOwt 1M~ b1 ~R~Olll~d ~ Y00f1 WIMM1 Ordol~. Md r~ tN100fM M Petri ChNafa ovN /urlhori:td end Nor ttw rMln»M. A~ aPoornortts upon otrikw, oeeWw~ a dNayo bo~ond S~pne+tun our ooreoel.llepoety erMn- b Mrry M. r~oind arbor noeonory Nwurorao. Our workon uo Ary osvorotl by YMaMnrMt'o Corn/wrotbn tnwonoo. ~ ~opo~ ~ ~N ~ i 30 Accetsncs of Proposal .Th..~. ar+~••.•a•~nt:.don. and ~n NtlrhObfy ttnd M. honby oaoopad. Vtw tare •tithotisod mom b do rN war M p~eMMd. P~htnrtt wltl bo rtMd~ M twlNrtod bow. I OMO d Aaaoplreeo: ~gr~tun i HOLTHAUB CONSTRUCTION 8ERVICE3 poq eo!•eofe 1!1 E NORTfNiIDOQ W. ~a+u~ ~ !fe»•eof! r0 City of Canton 210 East Chestnut Canton, I~linoia 61520•, Attn: Mr. George Spahn PROPOSAL (f~IfoNE I a-~ I July 12, 1999 Joe NAME ~ torJ-T~oN Public Safety Building First & Spruce Streets JOE NUMEEII Jos PHONE • ~EbY fllbrtdl p~Mlortlens and MtlnNtN fora Material and labor to reroof Public Safety Building: • Overlay and mechanically attach Amocor Protection Board to existing roof construction. ~, Mechanically attach .040" thick DURO-LAST roof membrane to existing roof construction. Remove existing sheet metal parapet wall caps, numbered and stored. Install DURO-LAST factoty fabricated parapet wall fleshings, encapsulating the top of the wall. Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes, fan curbs, roof top dinits,pitch pans roof drain boots, etc. Reinstall existing sheet metal parapet wall caps. • Install eighteen (18) walkway pads (30" x 60") at roof top units Note ~1: Repair and/or replacement of deteriorated substrate material is not included in this proposal. Note ~2: A fifteen year total labor and material warranty will be issued upon completion of the work. A sample copy is enclosed for your reference. • We appreciate the opportunity to make this presentation. Thank you. We Propose fwnby to tun,ah mohrlN .nd I.tior • eompNto In Accord~nco with tho ~hov. sp.cmcation,, for the sum of: Fifty four thousand, three hundred thirty one and 0O/100dw~•n54,331.00 f• PtN~w~t tir M rw,M N ftMwn Fifty percent payable at contract acceptance , with balance due upon completion of the work. M rnNNM M NwraMMd b M ~ ~eMMd. AN wort b b eonM~d In ~ wortm~nllk~ nnrinw reeer«r~ b ~undud pMOraR Anp dMntien a dMNbn ffo,n ~bovr ~p~CElatloiM Inw~p AuMrorl:~d ~ ealr wIE a Maeubd a* War wrMar arias, aid wIM t»oan~ ~n ~xtr~ ehaa~ wa od sbev~ MN ssrnrM. AE gnMna~ amlNpaN Won stritss, sssldaAS or dNsYS aYa+d M sontesl. Plopsrp ewrnr b Nrry Ers, tomsde u+d olhs- nsssssay trursnos. Our wakes M A/r a~ N YYdrlrrn~Y Oerwpansllan tuurMiss. Nots: PraPaM~ ~p~ ~n drM• 30 Accncs of Proposal •,~,..for. p.ia~, W.oificaion. ab ~ NlNhebrr aid an honby alcWbd. you m wthori~d ~~ b do IIN Miorlt M EpEtiMfEd. PMnatt wIN b~ m~d~ w outNnal bow. • Osls dAeesplus~: ~ j~~.~µ~? . -~ {~~- ~_ ~ U R ©- 15 Yea r . _ . r, C,'~.s ~~sg1>, • # Roofing, Inc. ~ 525 Morley Drive Warranty ~~F~~ ~ ' ±"' ' Saginaw, MI 48601 ~~~~~~~'~ ~'~ DURO•LAST, INC., the sole owner of the Trademark DURO•LAST, grants a limited w6rranly to the building ;i~:+:+~~1~<`. Owner who had a DURO-LAST ROOFING SYSTEM installed by an Authorized Dealer/Contractor subject {l€i~~j ;'.n ! to the conditlons and limitations contained herein. ~' /'` `a , ? ~~ zzzf=~ ~ DURO•LAST, INC.'s obligation during the 1st through the 15th years shall be to repalr any leak 1n the ~"~'{'~' ~ ~ roof caused by any defect in the DURO•LAST, INC. membrane materials or accessories or by the workmanship •~~'`°' ! of the Authorized DealerlContractor. This obligation includes the repair or replacement of membrane material '_~__}== ~ and accessories and the cost of or furnishing of labor to repair said roof at the contractor list price which ~ •( ~~, ~ ' Is In effect at the time of repair, provided the following conditlons are met: ?! , 'za.. is: : • .... T' f1 ~ I 1. DURO•LAST, INC. has authorized the repair; and, ~ ~~ } ` , 2. An Authorized DealerlContractor makes the repair. {~~~± ~ ~K~^'~ LIMITATIONS ' t tt~~l~l)b~ ". ~ 1. The Owner or his/her authorized agent shall notify the corporate Fibadquarters of DURO•LAST, INC. `~ ~ p in writing within 30 days of the discovery of any leak. ~. , + ~ #s`I{ ~ i 2. This warranty does not apply to a roofing system on a porch, sun deck, garage, storage shed or single il resid f l u f ~ f th 1 000 t ? ;~ r, y are am ence o ess an , sq ee . ,~ ~ '~'c,,:~ ' 3. DURO•LAST, INC. shall in no Instance be held liable toy any damages whatever arising from causes , zz#°_z_~ ~'s''~' ~~~~~ . not fully within its control, including among other such causes: ~ gales,°hall, tornadoes, floods, and earthquakes; or (a) Damage caused by fire, lightning hurricanes ,, •, 's:«:;„y~;;;; , , ~ (b) Damage caused by Intentional acts, negligence, failure of Owner to use reasonable care, accidents, ~f`~t~~f ~ ~;, ' ; including, but not limited to, acts by Owner or third party, riots or vandalism; or :~ ~'::' : "" ~ + ~ ' (c) Damage caused by any unauthorized modification to said roof including, but not limited to, damage e i ~.+.~, ,. ~ caused by unauthorized components used In installation or repalr, or by additional equipment or s~f,.,,.: structures added to or made a part of said roof, or ,damage caused by chemicals not normally ~f;'~~ h i found in nature; or (d) Moisture entering the roof system trough walls, copings, structural defects, or any part of the : ,rz.3z:x~! ' building structure, including from adjacent buildings. =jtj ii ~ 1 ~ ! (e) This Ilmited warranty specifically~do~ not extend to the color of DURO•LAST ROOFING SYSTEM ~ /` ''°• -~, ~ ' . Installation. Fs '~a; ,t~~~,'1 t 'i ~ , ~ 4. DURO•LAST, INC. is not liable under this warranty unless: ~ , ' (a) Owner complies with the terhls Arid Ilml(ations of this limited warranty and acknowledges that _ '= _~~~ • ~ i hislher failure to do so releases bURb•LAST, INC. from any liability; and ~~ ' ~ • (b) Owner allows DURO•LAST, INC.'s agents _or Authorized DealerlContractor access to said roof; and ~ ;•riia ! (c) Owner has paid Authorized Dealer/Contractorin full for said roof and DURO•LAST, INC. has been paid in full. __:, l~' , i 5. This limited warranty can be assigned with the written permission of DURO•LAST, INC. ; ~{ ' °^ 8. This limited warranty•is valid only with the written acceptance caused by the Owner's signature on ;`~~ ~'~ ~ "" ! this limited warranty. !~ '~- --. , .:„ ~.u:~~~~~;%` ' 7. All Interpretations~of )his ~Iimited warranty shall be considered that their form, execution, and validity ( ~ +. J,r '~~~ ~;,:' w~ I thereof shell be controlled bq the laws of the State of Michigan. ,~:n,z?s~,~ ~ ~ 8. DURO•LAST, INC. does ~ of 1*ivalve any rights under this Ilmited warranty if it does not enforce the limitations. ;;~~~;, y ~ No warranties, express Or Implied, representations, promises or oral statements have been made by any :~f>~ ; representative of DURO•LAS1'`t INC., and Owner is not to rely on same unless endorsed hereon In writing. " '" ' Oral representations cannot be relied upon as correctly stating the representation of DURO•LAST, INC. :f~~~ t1 ~~ ~ ~ ''~ yam" ~M, ® ({ . ,,• (f ,, ~ DURO•LAST, INC. j £ ~~j' ~ F , ° I .~ "' • ~?'~{r DATE ,•~ BY `sgffir~,, i~g}+n• y= ~ t y~ Customer's Signature Customer's Address t`~`"~'~:' DL 18.00 Rev. 8191 Name and Address of Building (if different from atx)ve-. a~~i. r ~ t _ , 1 1 i - ~ ~ +ir1 - ~ f 1\ ~ /Ii ' '.. IN, /Ill 7 ~~~\ -. rr ~ ' .. .. IH `..... , nr + n i u~ /~ n r , r i .n ~ nn~ i~, n a~ ,,,, n ~ „ ' „ r u~ ..~.fiir, ~~~ l/l.',~ , n ...,.. ..:.'-!..~ ~...,{ ~!!'i . ... ~. ~~, .. "r„U Nh lllx~.~~ rr rn, P In n GENERAL SPEC I F I C4T I ONS INSTRUCTIONS TO BIDDERS. All bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Form by the Bidder. b. Bid Documents including the Bid, the Bid Guaranty, the Non-Collusion Affidavit and the Statement of Bidder's Qualifications (if requested) shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the words "Bid Documents", project number, name of Bidder, and date and time of bid opening in order to guard against premature opening of the Bid. c. The Local Public Agency may consider as irregular any Bid on which there is an alteration of or departure from the Bid Form hereto attached and at its option may reject the same. d. If the Contract is awarded, it will be awarded by the Local Public Agency to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents. e. Each Bidder shall include in his Bid the following information: Principals Names Social Security Nursers Home Addresses, including City, State and Zip Code Firm Name Treasury Number Address City, State & Zip Code 1 . B I D GUARANTY . a. The Bid must be accompanied by a Bid guaranty which shall not be less than ten percent (1090) of the amount of the Bid. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a bid bond in the form attached. The bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid bond shall be within the maximum amount specified for such company in said Circular 570;. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of the City of Canton, Illinois. Cash deposits tivill not be accepted. The bid guaranty shall include the execution of the Agreement and the performance of the bidder in completing the project. 2 . I NS PELT I OiV OF S I TE . Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit .the site and acquaint himself with the conditions there existing and the Local Public Agency will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. 3. UNIT PRICES. The unit price for each of the several items in the proposal of each Bidder shall include its prorata share of overhead so that the sum of the products obtained by multiplying the quantity sha~rn for each item by the unit price bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal. The special attention of all Bidders is called to this provision, for should conditions make it necessary to review the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allrnved, provided the net monetary value of all such additive and subtractive changes in quantities of such items of vrork (i.e., difference in cost) shall not increase or decrease the original Contract price by more than twenty-five percent (25F;o), except for work not covered in the Drawings and Technical Specifications as provided for in Section 11 hereof. 4 . AV'JARD OF CONTRACT ; REJECTION OF 6 I DS . a. It is the intent that the Contract will be awarded to the responsible Bidder submitting the barest Bid complying ~.vith the conditions of the Invitation for Bids. The 3idder to whom the award is made will be notified at the earliest possible date. The Local Public Agency, ho4vever, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or vraiver is in its interest. b. The Local Public Agency reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this Contract. 5. EXECUTION OF AGREE1vENT: PERFORNhNCE AND PAYMENT BOLD a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Local Public Agency an Agreement in the form included in the Contract Documents in such number of copies as the Local Public Agency may required. b. The failure of the successful Bidder to execute such Agreement within ten days after the prescribed forms are presented for signature, or within such extended period as the Local Public Agency may grant, based upon reasons determined sufficient by the Local Public Agency, shall constitute a default, and the Local Public Agency may either award the Contract to the next lowest responsible Bidder or readvertise for Bids, and may charge against the Bidder the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable Bid is received by readvertising the defaulting Bidder shall have no claim against the Local Public Agency for a refund. 6. WAGES AND SALARIES. a. Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. b. The rates of pay set forth under GENERAL OOI~DITIONS, PART II, are the minimums to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. 7 . EQlb4L EMPLOYMENT OPPORTUNITY. Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. 8 . PARTIAL PAYPJ~NTS . a. The Contractor-'shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of ~;vork completed to date, the value of materials properly stored on the site and deducting (1) ten percent (10°,0) of the total amount, to be retained until final payment and (2) the amount of all previous payrents. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the Agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. b. Monthly or partial payments made by the Local Public Agency to the Contractor are moneys advanced for the purpose of assisting the Contractor to expedite the work of the construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such vrork and materials by the Local Public Agency. Such payments shall not constitute a ~nraiver of the right of the Local Public Agency to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Local Public Agency in all details. The total value of work completed to date shall be based upon the estimated quantities of work completed to date on each item and the unit prices established in the COST BREAKDO."vN and adjusted in accordance with the value of ~rork completed to date on approved change orders. 9 . F I N4L PAYIbENT a. After final inspection and acceptance by the Local Public Agency of all work under the Contract, the Contractor shall prepare his requisition for final payment vrhich shall be based upon the carefully measured or computed quantity of each item of work at the applicable unit prices stipulated in the Agreement. The total amount of the final payment due the Contractor under this Contract shall be the amount computed as described above less all previous payments. Final payment to the Contractor shall be made subject to his furnishing the Local Public Agency vrith a release in satisfactory form of all claims against the Local Public Agency arising under and by virtue of his Contract, other than such claims, if any, as may be specifically excepted by the Contractor from the operation of the release as provided under Section 15 hereof. b. The Local Public Agency, before paying the final estimate, may require the Contractor to furnish releases or receipts from all subcontractors having performed any vrork and all persons having supplied materials, equipment (installed on the project) and services to the Contractor, if the Local Public Agency deems the same necessary in order to protect its interest. The Local Public Agency, however, may if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments so made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 10 . V! I ll-II-bLD I f J~a PAYi4'EPJT S . The Local Public Agency may withhold from any payment otheravise due the Contractor so much as may be necessary to protect the Local Public Agency and if it so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Local Public Agency and will not require the Local Public Agency to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Local Public Agency elects to do so. The failure or refusal of the Local Public Agency to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 1 1 . Cti4'~ES I N THE a. The Local Public Agency may make changes in the scope of the work required to be performed by the Contractor under the Contract or making the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or 'any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided othe revise. b. Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency authorizing the Contractor to proceed vrith the change. No claim for any adjustment in the Contract Price, will be valid unless so ordered. expense of the Contractor and the Contractor and his surety shall be liable to the Local Public Agency for any excess cost occasioned the Local Public Agency thereby, and in such event the Local Public Agency may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. b. Liquidated Damages for Delays. If the work is not completed within the time stipulated including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual darnaged occasioned by the delay) for each calendar day of delay, until the work is completed, the amount of $30.00. c. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due: (1) To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency; (2) To any acts of the Local Public Agency; (3) To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other Contract with the Local Public Agency, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargos, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and (4) To any delay of any subcontractor occasioned by any of the causes specified in subparagraphs (1), (2), and (3) of this paragraph "c". Provided haNever, that the Contractor promptly notifies the Local Public Agency within ten (10) days in vrritiny of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this 12. CLAIN6 FOR EXTRA COST. a. If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Local Public Agency, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. b. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, that would be reasonably estimated from the Drawings and maps issued. c. Any discrepancies which may be discovered between actual conditions and those represented by the drawings and maps shall at once be reported to the Local Public Agency and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Local Public Agency. d. If, on the basis of the available evidence, the Local Public Agency determines that an adjustment of the Contract Price and/or time is justifiable, the procedure shall be as provided in Section 11 thereof. 13 . TERMINATION : DELAYS : AND L 1 QU I [SATED LII~AAoC'ES . a. Right of the Local Public Agency to Terminate Contract. In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Local Public Agency may serve written notice upon the Contractor and the surety of its intention to terminate the Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Local Public Agency shall immediately serve notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the Contract; provided, however, that if the surety does not commence performance thereof within ten (10) days from the date of the mailing to such surety of notice of termination, the Local Public Agency may take over the work and prosecute the same to completion by Contract or by force account for the account and at the expense of the Contractor and the Contractor and his surety shall be liable to the Local Public Agency for any excess cost occasioned the Local Public Agency thereby, and in such event the Local Public Agency may take possession of and utilize in corr~leting the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. b. Liquidated Damages for Delays. If the work is not completed within the time stipulated in Section hereof, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Local Public Agency as fixed, agreed, and liquidated damages (it being impossible to determine the actual damaged occasioned by the delay) for each calendar day of delay; until the work is completed, the amount of $50.00. c. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due: (1) To any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, National Defense, or any other national emergency; (2) To any acts of the Local Public Agency; (3) To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other Contract with the Local Public Agency, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargos, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and (4) To any delay of any subcontractor occasioned by any of the causes specified in subparagraphs (1), (2), and (3) of this paragraph "c". Provided however, that the Contractor promptly notifies the Local Public Agency within ten (10) days in writing of the cause of the delay. Upon receipt of such notification the Local Public Agency shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this Contract, the delay is properly excusable, the Local Public Agency shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 14 . ASS I C~VVENT OR NO'VAT I ON. The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Local Public Agency; provided, however, the assignments to banks, trust companies, or other financial institutions may be made without the consent of the Local Public Agency. No assignment or novation of this Contract shall be valid unless the assignment or. novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 15. DISPUTES. a. All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR- STAWARDS PRpV I S I OIVS u nde r GEt~E]~AL CCl\D I T I CNS , PART I I whether involving law or fact or both, or extra work, and all claims for alleged breach of Contract shall within ten (10) days of commencement of the dispute be presented by the Contractor to the Local Public Agency for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim, but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to th receipt by the Local Public Agency of notice thereof. b. The Contractor shall submit in detail his claim and his proof thereof. Each decision by the governing body of the Local Public Agency will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his last known address. c. If the Contractor does not agree with any decision of the Local Public Agency, he shall in no case allow the dispute to delay the work but shall notify the Local Public Agency prcxmptly that he is proceeding with the work under protest and he may then except the matter in question from the final release. 16. CARE OF WORK. a. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the Local Public Agency. b. The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. c. In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Local Public Agency, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Local Public Agency. Any compensation claimed by the Contractor on account of such emergency work will be determined by the Local Public Agency as provided in Section 11 hereof. d. The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. e. The Contractor shall store up, brace, underpin, secure, and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Local Public Agency from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Local Public Agency may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 17. ACCIDENT PREVENTION. a. No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. b. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the Local Public Agency may determine to be reasonably necessary. Machinery, equipment and ail hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable laws. c. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Local Public Agency with reports concerning these matters. d. The Contractor shall indemnify and save harmless the Local Public Agency from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract. 18. INSPECTION. a. All materials and workmanship shall be subject to inspection, examination, or test by the Local Public Agency and the Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction is carried on. The Local Public Agency shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the project area and replaced with material of specified quality without charge therefore. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Local Public Agency may by contract or otherwise have the defects remedied or rejected materials removed from the project area and charge the cost of the same against any monies which may be due the Contractor, without prejudice to any other rights or remedies of the Local Public Agency. b. The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. (See Part II hereof). All tests by the Local Public Agency will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. c. The Contractor shall notify the Local Public Agency sufficiently in advance of backfilling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Local Public Agency, the Contractor shall uncover for inspection and recover such facilities all at his otivn expense, when so requested by the Local Public Agency. d. Should it be considered necessary or advisable by the Local Public Agency at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or hid subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus 15 percent of such costs to cover superintendence, general expenses and profit, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contractor has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. e. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of material as a whole or in part will be made to the project site. f. Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Local Public Agency or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 19. REVIEW BY LOCAL PUBLIC AGENCY. The Local Public Agency, its authorized representatives and agents and the representative for the secretary shall, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Local Public Agency through its authorized representatives or agents. 20. FIN4L INSPECTION. a. When the improvements embraced in this Contract are substantially completed, the Contractor shall notify the Local Public Agency in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Notice will be given at least ten (10) days prior to the date stated for final inspection, and bear the signed concurrence of the representative of the Local Public Agency having charge of inspection. If the Local Public Agency determines that the status of the improvements is as represented, it will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. The inspection party will. also include the representatives of each department of the Local Government having in charge improvements of like character when such improvements are later to be accepted by the Locai Government. 21. DEDUC,'T i CN FOR tAVOpRFZEGTED WORK. If the Locai Public Agency deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the contract price will be made by agreement between the Contractor and the Local Public agency and subject to settlement, in case of dispute, as herein provided. 22. i NSIJ~WCE. The Contractor shall not comr~ence work under this Contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Local Public Agency, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved. a. Compensation Insurance. The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable state or territorial law for all of his employees to be engaged in work at the site of the project under this Contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for ail of the tatter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen s Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. b. Contractor's Public Liability and Property Damage Insurance and Vehicl ilitY Insurance. The Contractor shall re and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Special Conditions. c. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type in the amounts specified in the Special Conditions specified in subparagraph (b) hereof. d. Scope of Insurance and S eciai Hazards. The insurance required under subparagraph~b) and c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operation under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this Contract as enumerated in the Special Conditions. e. Builder's Risk Insurance (Fire and Extended Coverage. Until the project is completed and accepted by the Local Public Agency, the Local Public Agency, or Contractor (at the Local Public Agency's option as indicted in the Special Conditions) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Local Public Agency, the Contractor, and subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his surety shall be obligated to full performance of the Contractor's undertaking. f. Proof of Carriage of Insurance. The Contractor shall furnish the Local Public Agency with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the Local Public Agency." 23. PATENTS. The Contractor shall hold and save the Local Public Agency, its officers, and employees, harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract,. specifically stipulated in the Technical Specifications. 24 . VIfARRANTY OF T I TLE . No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The Contractor shall warrant good title to ail materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall- deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the Local Public Agency free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the Contractor for their protection or ay rights under any law permitting such persons to look to funds due the Contractor in the hands of the Local Public Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for th work when no formal contract is entered into for such materials. 25. GENERAL Gl1ARANTY. Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements embraced in this Contract by the Local Public Agency or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of twelve (12) months from the date of final acceptance of the work. 26 . OCt~ff"RA~CTOR' S APD SUBCOnITRA(.`TOR' S PURL I C L I AB I L ! TY, VEHICLE LIABILITY, AJ~D PROPERTY QAM~GE INSURANCE. As required under Section 22 of the General conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be an amount not less than $500,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $200,000. The Contractor shall either (1) required each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy.