1_-_Special_Provisions.pdf

SPECIAL PROVISIONS

FY2024 UTILITY MAINTENANCE

City Project No. 50-18-53005-24-00

Bid No. 2023-26

The work performed in this contract shall be performed in accordance with the following

Standard Specifications except as modified herein.

SPECIFICATION / CODE TITLE VERSION

PUBLISHED

BY

Standard Specifications for Road and Bridge Con-struction

Latest IDOT

Supplemental Specifications and Recurring Special

Provisions

Latest IDOT

City of Bloomington – Manual of Practice Latest COB

Manual on Uniform Traffic Control Devices

(MUTCD)

latest FHWA

Illinois Supplement to the National Manual on Uni-form Traffic Control Devices latest IDOT

Manual of Test Procedures of Materials latest IDOT

DESCRIPTION OF WORK

Work shall consist of the maintenance, repair, removal, reconstruction and other work related to existing public facilities of the City of Bloomington. Work will involve sanitary sewers, storm sewer, drain tiles, pipe culverts, water mains, water main appurtenances and other City maintained utilities and will vary by location. The anticipated maximum excavation depth is 25 feet.

PROSECUTION & PROGRESS

The Contractor's attention is called to Article 105.06 of the Standard Specifications for Road and

Bridge Construction. The contractor shall designate one individual as the Project Superintendent for this contract. This person shall be responsible for all work. The name and contact information for the Project Superintendent shall be supplied at the Pre-construction Meeting. The Project Su-perintendent may be an individual from one of the labor trades as long as they meet the require-ments of Article 105.06.

LOCATIONS & SCHEDULE

Maintenance locations shall be provided to the Contractor intermittently throughout the duration of the contract. All work shall be scheduled such that minimal, if any, overtime will be necessary.

The Contractor shall initiate work within 5 business days of receipt of each maintenance loca-tion unless written justification is provided and approved by the City inspector. If the City deter-mines the work to be an “Emergency”, then the Contractor shall initiate work within 4 hours of receipt of each maintenance location unless written justification is provided and approved by the City inspector. Contractor shall then prosecute the work to its completion in a manner satisfac-tory to the City. The Contractor’s failure to comply with this requirement may be considered breach of contract. The City reserves the right to perform the necessary work and seek reimburse-ment through the Contractor’s performance guarantee. The City may request the Contractor work more than 8 hours to complete the work for the day. If the City requests more than 8 hours of work in one day, then the Contractor shall be paid with the “Emergency” bid items. No other compensation for overtime work shall apply.

LOCATION OF UTILITIES

The Contractor shall be responsible for contacting the Joint Utility Location Information for Ex-cavators (JULIE) and field locating all utility crossings/conflicts. Any conflict that can be avoided by altering the grade of the proposed improvement, slightly altering a proposed structure or slightly altering the horizontal location of the proposed improvement shall be the responsibility of the

Contractor.

ABANDONED UTILITIES

The Contractor shall remove and properly dispose of any abandoned utilities encountered during construction which interfere with the proposed improvements. If only a section of an abandoned utility requires removal, the open ends of the sections left in place shall be plugged with mortar or cement.

CONTRACTOR USE OF CITY FIRE HYDRANTS PROHIBITED

The Contractor will not be allowed to connect to City fire hydrants to obtain potable water or for any other use, even with a backflow prevention device. Any potable water required for this pro-ject shall be obtained without utilizing the City’s fire hydrants. As an option, a City of Bloom-ington potable water bulk dispensing station is located at 603 West Division Street, Blooming-ton, Illinois. Purchase and transportation of water to the job site shall be incidental to the con-tract.

REMOVAL OF EXISTING SIGNS

All existing signs and sign posts that interfere with the work shall be removed by the City of

Bloomington or the maintaining agency, except as directed by the City inspector. The City will remove and replace any sign installation that is owned and maintained by the City, at no charge to the Contractor providing the Contractor provides the city with not less than two (2) working days notice. Any Contractor or private party removing any sign will be billed for replacement costs associated with reinstallation of the sign and may be charged with a violation of Illinois Vehicle

Code 11-311.

MATERIAL ORIGINATION

All materials incorporated into this project shall be manufactured in countries signatory to the

North American Free Trade Agreement (NAFTA) or the Central American Free Trade Agreement

(CAFTA).

SHOP DRAWINGS

Unless requested by the City, Shop drawing submittal will not be required for this project.

SALVAGE MATERIALS

This work shall consist of salvaging materials that are removed with the contract when directed by the Engineer. All salvage materials shall become the property of the City of Bloomington and when so directed by the Engineer, the Contractor shall haul salvaged materials to a City property to be determined by the Engineer. All whole bricks extracted in the process of any excavation shall be separated from the waste debris, shall have loose material removed, and shall be trans-ported to Mitsubishi Motorway South of Six Points Rd near Heartland Hills Subdivision or other location as directed by the Engineer. Any bricks extracted shall be delivered to the storage site the same day of the excavation. The City Engineer or his designated representative will open the gate at the north end of Mitsubishi Motorway for deliveries.

TRAFFIC CONTROL

Traffic Control shall be maintained throughout the project in accordance with the various City, State and Federal regulations. Local vehicular and pedestrian traffic shall be maintained through-out the project in accordance with applicable IDOT Highway Standards. The procedures and guidelines set forth in Part 6 of Manual of Uniform Traffic Control Devices for Streets and High-ways shall be followed to the fullest extent. The Contractor shall notify the City Engineer of an impending street closing prior to beginning work and after the street is clear. No streets shall be closed without prior notice to and the approval of the City Engineer.

SAFETY

The contractor is responsible for all safety relative this contract and shall comply with all applica-ble federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The con-tractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines to be reasonably necessary to protect the life and health of employ-ees on the job and the safety of the public and to protect property in connection with the perfor-mance of the work covered by the contract.

GENERAL

All work performed under this contract shall be paid on a time and materials basis. The Contractor shall notify the City’s Inspector, before the end of the prior work day, of the Contractor’s intention to perform work on this Contract, unless other prior arrangements are made with the City’s In-spector. Also, at the start of work for that day, the Contractor shall notify the City’s Inspector by a text message, email, phone call, or other agreed upon notification with the City’s Inspector. If the City’s inspector does not receive proper notifications, the Inspector may elect to not sign off on work that he/she was not notified about.

All known material and equipment shall be delivered to the project site prior to startup of any maintenance work. Labor, equipment and materials shall be tracked on a daily or project basis per the discretion of the City’s Inspector. The attached City of Bloomington’s “Maintenance and

Repair Time & Materials Report” form shall be used for all records. The form shall be signed by the Contractor’s Superintendent and the City’s inspector and submitted on a no later than 48 hours from the completion of that day’s work, unless a written notice has been provided to the City’s

Inspector with an acceptable reason for variance. When the Time and Materials sheet is not signed at the completion of the days work, the Contactor shall take a picture or scan the completed form and send it to the City’s inspector as an email or text message or other accepted format before the end of that day.

The City reserves the right to NOT pay for work that has NOT been submitted according to these

Specifications. Invoices submitted which do not include a signed form will not be paid. Changes to a completed and signed form will not be allowed without prior approval from the City inspector.

The referenced Standard Specifications for Road and Bridge Construction apply to the perfor-mance and quality of work. All provisions regarding measurement and payment in the Standard

Specifications for Road and Bridge Construction are not applicable to this contract. This includes

Article 109.04, except as designated herein.

City of Bloomington staff will determine the work to be performed by the Contractor under this contract. Similar work may be performed by City crews or other companies.

All invoices shall be submitted within 60 days of completion of work at each location or as ap-proved by the City. Invoices shall be submitted as hard copies mailed or delivered to the City.

Emailed invoices are acceptable only when approved by the City. Partial invoices at individual work locations may be approved or required at the direction of the Engineer.

LABOR

The labor required at each location shall be of the trades and quantity reasonably required to com-plete the work. All labor required for this contract shall be paid based upon time at each work location. The rates shall include base pay, benefits, insurance, training, markup and all other addi-tions. Several of the trades included in the Illinois Department of Labor’s Prevailing Wage listing have multiple Regions, Types or Classes. The Contractor shall be paid the rate bid for each trade regardless of the Region, Type or Class. In addition, the Prevailing Wage listing includes a Skilled

Laborer trade designation and most of the trades also indicate a Foreman base pay rate. The Con-tractor shall be paid the rate bid for each trade even if the worker is classified as a Foreman or as a Skilled Laborer instead of a Laborer. The Contractor shall be paid for the Project Superintendent at the rate bid for the labor trade represented by the designated individual. The Contractor shall be paid the same rate for “Cement Mason” or “Laborer” and the rates in the Contractor’s Proposal shall reflect the anticipated average rate for Utility Maintenance type projects.

Labor shall be paid from the start of work for that day until the end of work each day at each location. Example – Contractor’s labor shows up onsite and starts work at 7:15 AM and the Con-tractor’s labor stops work at 3:15 PM and has ½ hour lunch will get 7.5 hours of work for that day.

The Contractor is responsible for daily mobilization to and from the site locations and should be included in the rates bid per hour on the attached Contractor’s Proposal.

In the event labor trades, which are not included in the original contract, become necessary in order to perform requested work, payment shall be made in accordance with Article 109.04(b) (1) & (2) of the Standard Specifications for Road and Bridge Construction except the allowed markup in

109.04 (b)(1) shall be 10% instead of 35%.

Any apprentice labor classes used by the contractor shall be approved by the City and will be paid according to Article 109.04(b) (1) & (2) of the Standard Specifications for Road and Bridge Con-struction except the allowed markup in 109.04 (b)(1) shall be 10% instead of 35%.

A two hour minimum will be allowed per day for projects that take less than two hours to complete.

The two hour minimum does not apply to multi-day projects or multiple small projects in a one mile area that can be completed in one day. The one mile area shall be determined by straight line distance as seen from the air, not shortest driven route. An additional two hour minimum will apply to projects added by the City which are outside the initial one mile area.

Certified payroll reports shall be provided to the City for all work performed during this contract.

Certified payroll shall be submitted with each corresponding invoice. In addition to submitting certified payroll with each invoice, the contractor shall send an electronic version of the payroll via email to Michael Hurt at mhurt@cityblm.org and CC'd to Ward Snarr at wsnarr@cityblm.org.

EQUIPMENT

All equipment used during this contract shall be paid based upon time used on the project site.

Equipment rental rates will be paid for by the hour using the applicable FHWA hourly rate from the “Equipment Watch Rental Rate Blue Book” (Equipment Watch).

The FHWA hourly rate is calculated as follows.

FHWA hourly rate = (monthly rate/176) x (model year adj.) x (Illinois adj.) + EOC

Where: EOC = Estimated Operating Costs per hour (from the Blue Book)

The Bloomington area regional adjustment shall not be used.

Rates for equipment not shown in Equipment Watch shall be obtained from the Illinois Department of Transportation’s Schedule of Average Annual Equipment Ownership Expense, January 1, 2004 edition and the 2019 index factor of 1.474 or most current index factor. No markup shall be al-lowed on equipment. All overweight permits required by the City of Bloomington shall be ob-tained, but the fees will be waived for work performed under this contract. The Contractor shall be responsible for indicating on the permit application that the permit is relative to a City Mainte-nance or Repair Contract. The equipment required at each location shall be of the type, size and quantity reasonably required to complete the work.

One hour of mobilization time will be allowed for each piece of equipment used at the project site.

The hour includes both mobilization and demobilization (half hour for each). Mobilization for equipment brought under its own power will be paid at the equipment rate. Mobilization for equip-ment transported by trailer or special vehicle will be paid at the truck-trailer combination or special vehicle rates only (not the equipment). A special vehicle includes a truck or van with a lift gate or similar loading device. One mobilization will be paid for multiple pieces of equipment transported on the same trailer or special vehicle at the same time. Mobilization time will be paid once for a multi-day project. Mobilization will not be paid for equipment that is brought to the project site but not used. Mobilization of small equipment, such as a cut-off saw, plate compactor or vibrator, which can be transported in a pickup truck or van will not be paid. The one hour mobilization time also applies to the Operating Engineer or Truck Driver operating the equipment under its own power and a truck-trailer or special vehicle hauling equipment. Mobilization time will not be paid for any other labor trade. Travel time for both labor and equipment between small projects that are completed during the same day will be compensated at the labor rate for each trade, at the equipment rate for equipment transported under its own power and at the truck-trailer or special vehicle rate for equipment that is hauled. Stand-by time for equipment, trucks, trailers or special vehicles will not be paid. Unless otherwise authorized, only one pickup truck per project will be measured for payment.

TOOLS

For the purposes of this contract, TOOLS are defined as all hand tools or other miscellaneous items needed to complete the work which can be easily moved by an able-bodied person and are not operated by an electric or fuel drive motor as indicated in the manufacturer’s instructions. Small pneumatic, electric or battery powered tools, such as drills, grinders, impact wrenches and carpentry saws, shovels, trowels, hand wrenches, hammers, ladders, wheelbarrows, gloves, safety items and similar items are considered TOOLS. Payment shall not be made for any tools used during this contract. Trench boxes, tapping equipment, vibratory compactors and other related items are not considered tools and shall be paid for as EQUIPMENT.

MATERIALS

All materials used in this contract shall meet the satisfaction of the City inspector. Prior to obtaining materials for each location, the Contractor shall obtain the City inspector’s approval of the size, type and quality or grade of all anticipated materials. All materials shall be paid on a cost plus markup basis. Material markup will be 5%. Actual cost shall be substantiated with a supplier invoice. Cost for small material quantities that the Contractor may have in stock can be substantiated by providing a supplier quote. In general, small Contractor provided material quantities shall consists of items the Contractor has in stock at the time work is being performed.

OFF-SITE REPAIRS

Repair of equipment or other components that are performed by an off-site repair facility may be performed under this Contract. The Contractor shall be compensated for required off-site repair services on a cost plus markup basis. Off-site Repairs markup will be 5%. All repair services shall pre-approved by the City. The invoice requirements described in the Materials Special

Provision shall apply. Please note that repair work that is not performed on-site is not required to comply with the Prevailing Wage requirements. Prevailing wage requirements are applicable for delivery and pick-up from the off-site repair facility.

SUBCONTRACTORS

Specialty work that cannot be readily performed by the Contractor can be completed by a subcontractor. The Contractor shall be compensated for subcontractor services on a cost plus markup basis. Subcontractor markup will be 5%. All subcontractor services and costs shall be pre-approved by the City per work location. The invoice requirements described in the

Materials Special Provision shall apply. Prevailing wage requirements and certified payroll submittals are applicable for all subcontractor services.

In lieu of a paying for subcontractor work on a cost plus markup basis (subcontractor invoice), the

City, at its sole discretion, may require that subcontractor work be paid on a time and material basis with LABOR to be paid per Article 109.04(b) (1) & (2) of the Standard Specifications for

Road and Bridge Construction, except the allowed markup in 109.04 (b)(1) shall be 10% instead of 35%. MATERIAL is to be paid per these Special Provisions, and EQUIPMENT is to be paid per these Special Provisions. If any labor required to complete the work by a subcontractor is a

“Labor/Item” included in the “Contractor’s Proposal”, the contractor, who utilizes the services of a subcontractor shall be paid for the “Labor” as bid in the schedule without further markup or other compensation unless the City elects to pay for LABOR per Article 109.04(b) (1) & (2) of the

Standard Specifications for Road and Bridge Construction, except the allowed markup in 109.04

(b)(1) shall be 10% instead of 35%.

PROFESSIONAL CERTIFICATIONS & OFFICE TIME

Professional Engineering and/or testing services may be required for Clean Construction or

Demolition Debris (CCDD) certifications, trench shoring and safety investigations and other observation or inspection needs. The City shall provide a Source Site Certification (LPC-662) for waste material that is taken to a permitted Clean Construction or Demolition Debris (CCDD) site.

Sampling and testing may be required for this certification. The Contractor shall retain the services of an environmental sampling and testing company for this work. The City representative shall specify sample locations, quantity and testing requirements.

The Contractor shall be compensated for required engineering services and material testing and other external services, such as railroad crossing insurance and waste disposal fees, on a cost plus markup basis. Engineering services, material testing and other external services markup will be 5%. Subcontractors and equipment haulers are not considered external ser-vices. Labor, equipment and materials utilized by an equipment hauler or subcontractor shall be paid to the Contractor in accordance with the Special Provisions for these items. Clerical, ac-counting and all other office related activities performed relative to this contract will not be paid and shall be incidental to the Contract. All Engineering, material testing and other external ser-vices, including company and personnel utilized, shall pre-approved by the City and a report shall be provided to the City for all certifications performed during this contract. The invoice re-quirements described in the Materials Special Provision shall apply.

REMOVAL AND DISPOSAL OF SURPLUS AND UNSUITABLE MATERIALS

The Contractor, at his/her own expense, shall dispose of all surplus, unstable or unsuitable materials in such a manner that public or private property will not be damaged or endangered.

Suitable earth, stones or boulders naturally occurring within the right-of-way or on the project site may be placed in fills or embankments within the project in layers and compacted in accordance with the project specifications. Broken concrete without protruding metal bars, bricks, rock, stone, uncontaminated dirt and sand generated from construction or demolition activities may be used in embankment or in fill. If used in fills or embankments, these materials shall be placed and compacted to the satisfaction of the City of Bloomington or its assigned representative, shall be buried under a minimum of 600 mm (2 feet) of earth cover (except when the materials include only uncontaminated dirt); and shall not create an unsightly appearance or detract from the natural topographic features of an area. Broken concrete without protruding metal bars, bricks rock or stone may be used as rip rap as approved by the City of Bloomington or its assigned representative.

Aside from the materials listed above, all other debris or waste shall be disposed of in a licensed landfill, recycled, reused or otherwise disposed of as allowed by State or Federal solid waste disposal laws and regulations and solid waste determinations of the Illinois Environmental

Protection Agency. The contractor shall not conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled or treated. This documentation must be maintained by the Contractor for 3 years.

When surplus excavated material is disposed of off the right-of-way or project site, the Contractor shall obtain and file with the City of Bloomington permission in writing, from the property owner, for the use of the property for this purpose. Any such disposal shall not create an unsightly or objectionable appearance or detract from the natural topographic features, nor be placed at an elevation higher than that of the adjacent roadway without permission from the City of

Bloomington.

The Contractor shall place no material as fill in any known flood way or flood plain without first obtaining the proper permits from the appropriate local, state, and federal agencies.

The Contractor shall comply with the Illinois Environmental Protection Agency’s Clean

Construction or Demolition Debris (CCDD) Requirements, including Public Act 96-1416. The

City of Bloomington will provide a Source Site Certification (LPC-662). The Contractor shall utilize the Uncontaminated Soil Certification by Licensed Profession Engineer (LPC-663) or alternative methods.

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