SPECIFICATIONS

Calcaterra Pit Subsidence Project

AML-EWmE-2651

July, 2026

Project Name: Calcaterra Pit Subsidence Project Number: AML-EWmE-2651

DESCRIPTION OF THE PROJECT

The objective of this project is to backfill a pit subsidence event in a subdivision where AML has previously completed Pit Subsidence projects. The pit is located on private property and is caused by the collapse of an abandoned underground coal mine. The openings will be referred to herein as a pit subsidence.

LOCATION OF THE PROJECT

Project Site is located within the corporate limits of Energy and is in a residential neighborhood. A common adjacent street address is 409 Bhrett Drive, Energy, 62933.

HAZARD TO PUBLIC

This pit is at a home immediately adjacent to 407 Bhrett Drive which recently had pit subsidence and was addressed by project AML-EWmE-2559. Also the home to the east at 411 Bhrett Drive had pit subsidence and that was handled under (AML-EWmE 2556). All 3 homes (407, 409 and 411 Bhrett are currently being monitored for subsidence by the IMSIF. This opening was reported on July 10, 2026, is within 10 feet of the home, and has open cracks extending toward the foundation.

SECTION 10 -SCOPE OF WORK / SPECIFICATIONS

The work to be accomplished is described in the following text and associated figures: The associated Pay Items are:

Special Excavation - Excavate (580 c.y.) loose soil and debris from the base and side walls of the pits to an approximate depth of 18 feet below ground surface. Soil excavated can be stored on site and reused as fill material unless otherwise determined by the Engineer as unsuitable material.

Modified Cement Plug - Furnish and install (165 c.y.) . The intention of the CLSM is to “replace” the broken bedrock material and to form a water tight seal to prevent erosion of soils into the mine. Allow the CLSM to cure for (2) days before installing the soil fill material.

Bentonite Incorporation – Upon curing of the CLSM, place a 6 inch thick layer of earth 4 feet wide around the perimeter of the CLSM using material from the previous Special Excavation. Furnish and install bentonite (2,000 pounds) by evenly distributing and incorporating over the 6-inch layer of clean earth. Complete the remaining backfill first by using the remaining Special Excavation material in 2 foot lifts using the bucket or a mechanical tamping effort after each lift. Complete final filling using Furnished Excavation.

Furnished Excavation - Furnish and install clay soil (125 c.y.). The quality of the clay soil will be subject to the Engineer’s approval. The soil is to be installed in two foots lifts and compacted as completely as possible after each lift using a backhoe bucket or mechanical tamper.

Seeding – (Up to 0.5 acre) Upon completion and after inspection and approval of the Engineer the Contractor shall hand seed using commercial over-the -counter seed mix. The cover soil shall be graded and tilled to prepare a good seedbed, fertilized adequately with 12-12-12 fertilizer, seeded with a lawn mix at the rate of 100 lbs. per acre, and mulched with straw at the rate of 2 ton per acre.

Mobilization/demobilization- All disturbed areas and road areas shall be restored to the preconstruction conditions. Mobilization shall include all expenses associated with any permits, road use agreements, restoration of roadways or regrading and reseeding disturbed areas previously seeded.

The Contractor is required to obtain a JULIE locate prior to any work.

STARTING DATE OF THE CONTRACT

Work on the project shall commence and mobilization shall be within seven calendar days of the bid award. The Contractor shall contact the Department to notify the department of anticipated construction schedules.

CONSTRUCTION ENDING DATE

All work associated with specification provisions including mobilization/ demobilization shall be completed within 15 days of start up/mobilization.

All remaining work, including final clean-up, final inspection, any alterations, repair, remedial or holdover work, reseeding, and submission of the final pay request shall be completed by September 30, 2026.

SECTION 80 D GENERAL REQUIREMENTS AND COVENANTS

81 - ADDENDUMS

The "Standard Specifications for Road and Bridge Construction," adopted January 2022 by the Illinois Department of Transportation; as amended and supplemented by the "Supplemental Specifications and Recurring Special Provisions," adopted January 2026 (hereinafter referred to collectively as "Standard Specifications"), are incorporated by reference and made a part of this specification. (The Standard Specifications can be purchased from the Illinois Department of Transportation.)

In the application of the Standard Specifications to this project, references to the Department of Transportation shall be interpreted to mean the Department of Natural Resources, Office of Mines and Minerals, Division of Abandoned Mined Lands Reclamation.

82 - DEFINITION OF TERMS

Engineer - The Director of the Department of Natural Resources of the State of Illinois, or his authorized representative limited by the particular duties entrusted to him. The terms project inspector and project manager are synonymous with Engineer.

Gob - Coarse textured mine waste material, generally acidic, from a coal cleaning process.

This material is composed of rock, shale, pyritic material and varying amounts of coal. The material varies considerably in its moisture content, texture, stable angle of repose and bearing capacity.

Mine Spoil - A mixture of various soil and rock material as a result of the removal of overburden to expose the coal in surface mining. The material varies considerably in its moisture content, texture, stable angle of repose and bearing capacity.

Slurry - A mixture of coal fines and fine coal waste material resulting from a coal cleaning process. This material is composed of water, silts, clays, pyritic material and coal. The material varies considerably in its moisture content, stable angle of repose, shear strength and bearing capacity.

Clay soil - A naturally occurring soil, classified by AASHTO as A-6 or as CL under the Unified Classification.

Mine refuse - This is a mixture of gob, naturally occurring surface soils, and debris in varying compositions.

Suitable Fill- This shall be all material classified by the project inspector as having desirable fill characteristics.

Unsuitable Fill Material- This shall be all material classified by the project inspector as having undesirable characteristics for refilling the excavation.

Clean Soil Fill - This shall be that part of Suitable Fill material, which is classified by the project inspector as having desirable soil characteristics and being as reasonably free of foreign or deleterious matter.

Non-Clean Soil Fill - This shall be that part of Suitable Fill material which has not been classified as clean soil fill by the project inspector.

Debris - This is material that is not suitable for use in project activities.

83 - BIDDING REQUIREMENTS AND CONDITIONS

It shall be the responsibility of the Contractor to visit the project site in order to become fully acquainted with all the details pertaining to the project. When the plans or Specifications include information pertaining to subsurface exploration, borings, test pits and other preliminary investigation, such information represents the best knowledge of the Department as to the location, character or quantity of the materials encountered and is only included for the convenience of the bidder. The Department assumes no responsibility whatever in respect to the sufficiency or accuracy of the information, and there is no guaranty, either expressed or implied that the conditions indicated are representative of those existing throughout the work, or that unanticipated developments may not occur.

The topographical land features of abandoned coal mine sites have typically been altered or impacted by the mining operations. When mine refuse covers those features, it may be difficult or impossible to discover or estimate the full extent of impact to the ground surface. The depths and composition of mine refuse, as well as corresponding ground surface characteristics as represented in the Plans, are based upon available information and extrapolations from surrounding land features and deductive reasoning as to the probable techniques employed by the mining operation. The Plan lines that indicate existing conditions do not purport to fully represent minor variations in refuse depth or thickness, or small, hidden pockets of mine refuse. Such conditions encountered shall not constitute a basis for unit price adjustment or extra compensation.

84 - GENERAL MATERIAL AND WORK REQUIREMENTS

84.1 - Materials

All material removed from the project site is to be disposed of in a State of Illinois approved landfill or a location approved by the project manager. Salvage of materials will be allowed only on an approved basis. Non-reusable, clean soil fill may be removed to a disposal site which is convenient to the contractor which is subject to the project engineer’s approval. All soil furnished is to be approved by the project engineer and clean and free of non-soil matter (i.e.: tree limbs, cans, bricks and etcetera). All earthen backfill materials are to be placed in 0.3 m (2-foot) lifts and compacted as completely as possible after each lift. Compaction can be accomplished using a backhoe bucket or mechanical tamper unless specified by project provisions. The contractor must provide the location and documentation that the clay soil was obtained from a quarry, an existing construction site or a precise USDA soil series description of the soil to be used as fill. The borrow location shall be subject to the project engineer's approval.

Note: Prime and Unique soils are not allowable as fill material. All work is to be approved by the project manager.

84.2 - Measurement for payment

All quantities shall be measured as in-place quantities for payment unless specified otherwise by project provisions.

84.3 - Mobilization/demobilization

Mobilization/demobilization is to include all work necessary to gain access and egress to the work site and to repair all project-related property damages upon completion unless specified otherwise by the project engineer or specification provisions. Demobilization shall include the cost of restoration and re-vegetation unless specified otherwise by project provisions.

84.4 – Interpretations

The Contractor shall make interpretations of the surface and subsurface conditions which may affect methods or cost of execution of the work, and herein agrees to make no claim for damage or compensations should the Contractor find conditions during the progress of the work different from those calculated and/or anticipated.

84.5 - Drainage

The site shall be maintained so that it will be well drained at all times. If, during the prosecution of the work, it is necessary to interrupt existing sewer or under-drainage, temporary drainage facilities shall be provided until the permanent drainage work has been completed. Such temporary drainage facilities will be considered incidental to the project.

The Contractor shall be responsible for, and shall take all necessary precautions to preserve and protect all existing tile drains, sewers and other sub surface drains or parts thereof which may be affected by his operations, and which may be continued in use without change. He shall repair, at his own expense, any and all damage to such drainage facilities resulting from negligence on his part.

84.6 - Existing Pavements Existing on site roadways may be used for construction traffic. The Contractor shall provide temporary additional roads needed for required construction access, maintain existing roads throughout construction, and restore to original or better condition at completion of work.

All asphalt that is damaged or removed to facilitate construction activities shall be repaired. Repair includes clean cut damage areas and asphalt replacement in such a manner so that the repair areas conform with adjacent areas in a functional and aesthetically pleasing manner. Repaired areas shall be of an equivalent thickness and type as the original, and shall be rolled smooth. All work associated with this item shall be considered incidental to the project unless explicitly covered by specification provisions.

All concrete work including, but not limited to, driveways, sidewalks, curbs, gutters, and foundations which are damaged or removed to facilitate construction activities shall be repaired. Repaired areas shall be functionally equivalent and aesthetically pleasing. Repaired areas shall be of an equivalent thickness and type as the original. All work associated with this item shall be considered incidental to the project unless explicitly covered by specification provisions.

84.7 - Base and topping materials For temporary construction which will be removed when no longer needed for construction purposes, and all affected areas restored to original or better condition at the completion of work, the selection of these materials is at the Contractor's option, unless otherwise specified.

84.8 - Owner occupancy Projects involving residential property typically include Owners that continue to occupy premises during the entire construction period. The Contractor shall cooperate with Owners in scheduling operations to minimize conflict and to facilitate Owner's usage.

84.9 - Temporary controls A. Dust and Mud Control:

The Contractor shall provide positive methods and apply dust control materials to minimize raising dust from construction operations, and provide positive means to prevent air borne dust from dispersing into the atmosphere. All work associated with this item shall be considered incidental to the project unless explicitly covered by specification provisions.

B. Debris Control:

The Contractor shall initiate and maintain a specific program to prevent accumulation of debris at the construction site, storage and parking areas, or along access roads and haul roads. All work associated with this item shall be considered incidental to the project unless explicitly covered by specification provisions.

C. Pollution Control:

The Contractor shall provide methods, means and facilities required to prevent contamination of soil, water or atmosphere by the discharge of noxious substances and sediments from construction operations.

All projects involving the disturbance of 5 or more acres are covered by NPDES General Permit Number ILR100000, issued by the Illinois Environmental Protection Agency (IEPA) for storm water discharges from construction site activities. The Contractor shall be required to comply with the provisions of the General Permit and must become a party to the Department of Natural Resources;

Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation Storm Water Pollution Prevention Plan.

The Contractor shall prevent harmful substances, such as acid water, from entering public or private waters. If treatment of acid water is determined necessary by the Engineer and it is not specified within these special provisions, any water treated will be paid for in accordance with Article 109.04 of the Standard Specifications. The Contractor is liable for restoration of water quality and aquatic life if adversely affected by his/her actions. The Contractor shall maintain all such systems throughout the duration of the project.

The Contractor shall provide systems for control of atmospheric pollutants to prevent toxic concentrations of chemicals; to prevent harmful dispersal of pollutants into the atmosphere; and to comply with all permit requirements that may apply.

Any water encountered, which is discharged into drainage areas, shall be treated if necessary to meet IEPA Mine Discharge Standards. Any cost for this shall be considered incidental unless specified otherwise in project provisions.

The Contractor must notify the Engineer immediately if buried wastes, liquid waste vessels or other potentially harmful materials are encountered. Necessary precautions should be taken to safeguard the area and to protect workers and the public until further directions are provided by the Engineer.

84.10 - Responsibility of the contractor

The Contractor shall be responsible for obtaining any and all permits required by local ordinances, state and/or federal laws, and shall be required to become a party to the Department of Natural Resources;

Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation (Department) Storm Water Pollution Prevention Plan, as mandated by the Illinois Environmental Protection Agency General Permit for Storm Water Discharges. Consents for Right of Entry from property owners will be obtained by the Department.

Any fees required for the procurement of other permits which may be necessary shall be at the expense of the Contractor, not to be reimbursed by the State, but to be considered incidental to the project.

During the performance of this construction project, the Contractor shall not enter into any agreement to provide additional work for or at the direction of the owner(s) of the property where the reclamation shall take place, or with the owner(s) of adjacent or nearby property, without the prior written approval of the Department. The Contractor agrees that any additional work to be performed for such owners, after approval by the Department, will not be permitted to interfere with the scheduled operations or planned reclamation results specified for the reclamation project. The Contractor further agrees to indemnify and hold harmless the Department against any and all claims for personal injury or property damage arising out of or occasioned by the additional work.

84.11 - Underground Utilities and other obstructions It shall be the sole responsibility of the Contractor to locate and avoid all underground utilities, facilities, and other structures and obstructions and for that purpose shall employ all necessary precautions and methods to insure avoidance of and/or damage to such underground conditions. In the event such damage does occur, the Contractor shall be solely liable, therefore, and shall notify the affected owner and the project manager immediately, and make or have made all necessary repairs and bear the expense thereof and all resulting damage caused thereby.

85 - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

85.1 - Protection and Restoration of Property If any damages are incurred from the Contractor's operations to any properties outside of the project site as shown on the plans, the Contractor shall be responsible for all repairs required to restore the damaged areas to their original condition regardless of the property involved. Any deviations from the project site or requirements specified herein shall only be done with written approval of the Engineer pursuant to the following:

1. Written request from the Contractor, due to the limitations of the construction area as it affects his efficiency to complete the project.

2. If the Engineer deems it necessary to deviate from the project site, as provided herein, to improve the workability of the project.

85.2 - Insurance

The Contractor shall obtain and thereafter keep in force the following insurance coverage provided by insurance companies acceptable to the Department and authorized to transact business under the laws of the State of Illinois. Coverage limits shall be written at not less than the minimum specified in this Article. Higher minimum limits and additional coverage may be specified by a special provision elsewhere in the project. Whether stated in this Article or elsewhere, the Department does not warrant the adequacy of the types of insurance coverage or the limits of liability specified.

(a) Workers Compensation and Employers Liability

(1) Workers compensation shall be provided in accordance with the provisions of the Illinois Worker's Compensation Act, as amended. Notwithstanding the rating and financial size categories stated in this Article, coverage may be provided by a group self-insurer authorized in Section 4(a) of the Act and approved pursuant to the rules of the Illinois Department of Insurance.

(2) Employers Liability

a. Each Accident $500,000

b. Disease - policy limit $500,000

c. Disease - each employee $500,000

(b) Commercial General Liability

Required liability insurance coverage shall be written in the occurrence form and shall provide coverage for operations of the Contractor; operations of subcontractors (contingent or protective liability);

completed operations; broad form property damage and hazards of explosion, collapse and underground, and contractual liability. The general aggregate limit shall be endorsed on a per project basis.

(1) General Aggregate Limit $2,000,000

(2) Products - Completed Operation Aggregate Limit $2,000,000

(3) Each Occurrence Limit $1,000,000

The coverage shall provide by an endorsement in the appropriate manner and form, the Department, to its officers, agents and employees shall be named as additional insurers with respect to the policies and any umbrella excess liability coverage for occurrences arising in whole or in part out of the work and operations performed. The Department may accept a separate owner's protective liability policy in lieu of the Department, its officers, and employees being insured on the Contractor's policy.

(c) Commercial Automobile Liability The policy shall cover owned, non-owned and hired vehicles.

Bodily Injury & Property Damage Liability Limit Each Occurrence $1,000,000

(d) Umbrella Liability

Any policy shall provide excess limits over and above the other insurance limits stated in this Article.

The Contractor may purchase insurance for the full limits required or by a combination of primary policies for lesser limits and remaining limits provided by the umbrella policy.

When work is to be performed within railroad right-of-ways, the requirements of Article 107.11 of the Standard Specifications will also apply.

All insurance shall remain in force during the period covering occurrences happening on or after the effective date and remaining in effect during performance of the work and at all times thereafter when the Contractor may be correcting, removing or replacing defective work until notification of the date of final inspection. Termination or refusal to renew shall not be made without 30 days prior written notice to the Department by the insured(s) and the policies shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation.

Certified copies of the original policies or certificate(s) of insurance by the insurer(s) issuing the policies and endorsements setting forth the coverage, limits and endorsements shall be filed with the Department before the Department will execute the proposal. In no event shall any failure of the Department to receive polices or certificates or to demand receipt be construed as a waiver of the Contractor's obligation to obtain and keep in force the required insurance.

All costs for insurance as specified herein will be considered as included in the cost of the project. The Contractor shall, at its own expense and risk of delay, cease operations if the insurance required is terminated or reduced below the required amounts of coverage. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from its obligation to indemnify in excess of the coverage in accordance with the project.

85.4 - Limitation on Mechanics Liens

The owners and tenants of private property involved in Abandoned Mined Land (AML) projects are not responsible to the Contractor, nor to any subcontractor, material supplier, operator or laborer for any of the costs or expenses of the reclamation work. AML projects are undertaken pursuant to the Abandoned Mined Lands and Water Reclamation Act for the protection of the public health and safety and/or protection of the environment. Project design, contracting, and payment are the sole responsibility of the Department.

In the event of a project dispute, the Contractor's remedies shall be limited to those provided in the proposal and to claims or actions to be brought against the Department in the Illinois Court of Claims, pursuant to the Court of Claims Act (Ill. Rev. Stat 1991, ch. 37, par. 439.1 et. seq.). The Contractor shall not place any mechanics liens against any private property involved in the reclamation project.

Subcontractors, material suppliers, operators, and laborers remedies for non-payment include all legal actions against the Contractor, claims and actions brought against the Contractor's surety under the project performance and payment bond, and claims for "Liens Against Public Funds" as provided in paragraph 23(c) of the Mechanics Lien Act. Subcontractors, material suppliers, operators, and laborers shall have no rights in regard to liens against private property.

The Contractor shall cause the terms of this Special Provision to be included in all subcontracts.

86 - PROSECUTION OF WORK

The Contractor shall at all times prosecute the work diligently and in a workmanlike manner, with suitable and adequate equipment and personnel and with a minimum of damage and disturbance. The Contractor shall maintain a protective barrier around the affected area during non-working hours.

In the event that the Contractor fails to complete all work within the time specified, or within such extra time as may have been allowed by extensions, the Contractor shall be liable to the Office and Mines and Minerals in the amount specified in the table below for each calendar day for each day of overrun in project time or such extended time as may have been allowed. Such liability shall be considered not as a penalty but as liquidated damages. The Office and Mines and Minerals may withhold such amounts for which the Contractor is liable from such sums as may be due the Contractor under the terms of the agreement.

STATE OF ILLINOIS

STANDARD TERMS AND CONDITIONS

PAYMENT TERMS AND CONDITIONS:

1.1. Late Payment: Payments, including late payment charges, will be paid in accordance with the State Prompt

Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained on Vendor’s invoices shall have no force and effect.

1.2. Minority Contractor Initiative: Any Vendor awarded a contract under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) of $1,000 or more is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

1.3. Expenses: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

1.4. Prevailing Wage: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Department of Labor and are available on the Department’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting the Illinois Department of Labor to ensure understanding of prevailing wage requirements at 217-782-6206 or (https://www2.illinois.gov/idol/Pages/default.aspx).

1.5. Federal Funding: This contract may be partially or totally funded with Federal funds. If federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided in the award notice.

1.6. Invoicing: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of the contract, and the amount billed and expenses incurred are as allowed in the contract. Invoices for supplies purchased, services performed and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable Agency/University state tax exemption number and federal tax exemption information.

1.6.2. Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

2. ASSIGNMENT: This contract may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the State.

3. SUBCONTRACTING: For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the subcontractor certifications as shown on the Standard Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract. 30 ILCS 500/20-120.

4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State pursuant the contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of: the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours.

Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract.

Vendor shall continue to perform its obligations while any dispute concerning the contract is being resolved unless otherwise directed by the State.

6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel the contract without penalty if performance does not resume within thirty (30) days of the declaration.

8. CONFIDENTIAL INFORMATION: Each Party, including its agents and subcontractors, to this contract may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public.

No confidential data collected, maintained, or used in the course of performance of the contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the contract, in whatever form it is maintained, promptly at the end of the contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to confidentiality provisions of this contract.

10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor’s negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

10. INSURANCE: Vendor shall, at all times during the term and any renewals maintain and provide a Certificate of

Insurance naming the State as additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Vendor shall provide:

(a) General Commercial Liability occurrence form in amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate;

(b) Auto Liability, including Hired Auto and Non-owned Auto, (Combined Single Limit Bodily Injury and Property Damage) in amount of $1,000,000 per occurrence; and

(c) Worker’s Compensation Insurance in amount required by law. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venture with the State. All payments by the State shall be made on that basis.

13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency’s director if Vendor solicits or intends to solicit State employees to perform any work under this contract.

14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor’s and subcontractor’s officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the State, does not pass the background check.

16. APPLICABLE LAW:

16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal Opportunity requirements are incorporated by reference. 44 ILL. ADM. CODE 750.

16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilga.gov/legislation/ilcs/ilcs.asp).

17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under federal or state antitrust laws relating to the subject matter of the contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State rights, title and interest in and to the claim or cause of action.

18. CONTRACTUAL AUTHORITY: The Agency that signs for the State of Illinois shall be the only State entity responsible for performance and payment under the contract. When the Chief Procurement Officer or authorized designee signs in addition to an Agency, they do so as approving officer and shall have no liability to Vendor. When the Chief Procurement Officer or authorized designee, or State Purchasing Officer signs a master contract on behalf of State agencies, only the Agency that places an order with the Vendor shall have any liability to Vendor for that order.

19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity.

20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information.

21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State’s and the Vendor’s terms, conditions and attachments, the State’s terms, conditions and attachments shall prevail.

22. PERFORMANCE RECORD / SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the contract. The State may consider Vendor’s performance under this contract and compliance with law and rule to determine whether to continue the contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities.

23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) notwithstanding any provision to the contrary that may be found in this contract.

24. SCHEDULE OF WORK: Any work performed on State premises shall be done during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel.

25. WARRANTIES FOR SUPPLIES AND SERVICES:

25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney’s fees and expenses, arising from failure of the supplies to meet such warranties.

25.2. Vendor shall insure that all manufacturers’ warranties are transferred to the State and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State’s payment, acceptance, inspection or failure to inspect the supplies.

25.3. Vendor warrants that all services will be performed to meet the requirements of the contract in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies.

26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately notify the State of any event that may have a material impact on Vendor’s ability to perform the contract.

27. EMPLOYMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524- 4772) for information about tax credits.

28. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

28.1. If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

28.2. For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

29. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

29.1. The Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this contract up to and including the date of termination.

30. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds.

The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Department’s funding by reserving some or all of the Department’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Department determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

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FURNISHED EXCAVATION

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CLSM FLOWABLE FILL

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NOT TO SCALE

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EXISTING GRADE

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DETAIL SHEET

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EXCAVATION LIMITS

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1:1 SIDES

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PROPOSED GRADE

AutoCAD SHX Text NOTE: Special excavation will be to the depth shown or as directed by the Engineer. Slopes will be pulled back as shown. CLSM flowable fill shall then be placed to a depth of 10 feet and allowed to cure for 48 hours. The initial earth backfill shall be with excavated material and shall be placed in a uniform lift of 6 inches thick, 4 feet wide along the perimeter of the CLSM fill and shall be uniformly mixed with bentonite. All remaining backfill above the CLSM shall be with previously excavated material. Other material as needed shall be Furnished Excavation supplied by the Contractor and be approved by the Engineer. This Furnished Excavation shall be provided and placed in 2 foot lifts and tamped to the satisfaction of the Engineer. Final grading shall be mounded and prepared for seeding.

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BENTONITE LAYER

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