CITY OF JOLIET, ILLINOIS

ST PAT’S PHASE 2 WATER MAIN IMPROVEMENTS

CITY OF JOLIET CONTRACT NO. 3024-0127

N O T I C E

ALL BIDDERS MUST COMPLY WITH THE CITY OF JOLIET’S POLICY REGARDING

THE INCREASED USE OF DISADVANTAGED BUSINESSES. THIS POLICY REQUIRES ALL

BIDDERS TO ADVERTISE IN A DAILY, REGIONAL NEWSPAPER OR IN AN ESTABLISHED,

ONLINE BIDDER’S CLEARINGHOUSE SUCH AS THE “DODGE REPORT

(HTTP://CONSTRUCTION.COM/DODGE/)”, “iSqFt (https://www.isqft.com/start/)”, OR

EQUIVALENT, UNLESS THE BIDDER WILL AWARD NO SUB-AGREEMENTS. THE

ADVERTISEMENT MUST RUN ONE (1) DAY AT LEAST SIXTEEN (16) DAYS PRIOR TO BID

OPENING. SEE PROJECT MANUAL FOR DETAILS.

NON-COMPLIANCE WILL DISQUALIFY YOUR BID.

CITY OF JOLIET

WILL COUNTY, ILLINOIS

SPECIFICATIONS, PLANS, CONTRACT PROPOSAL,

CONTRACT AND CONTRACT BOND

FOR THE

ST PAT’S PHASE 2 WATER MAIN IMPROVEMENTS

CONTRACT NO. 3024-0127

APPROVED BY

SUBMITTED BY

DEPARTMENT OF

[Directors Name]

DATE , 202_

APPROVED

DEPARTMENT OF

[Engineers Name]

DATE: , 202_

CONTRACTORS NAME

ADDRESS

CITY AND STATE

PHONE

EMAIL

DATE: , 202_

(03/26)

BAXTER & WOODMAN, INC.

STATE OF ILLINOIS – PROFESSIONAL DESIGN FIRM

LICENSE NO. 184.001121-0014 - EXPIRES 4/30/2027

SEALS PAGE

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00 01 07

SEALS PAGE

October 28, 2026

1. Specifications of materials and labor required for the construction work shown on the

Drawings are prepared by Baxter & Woodman, Inc., Consulting Engineers.

2. The Drawings which accompany these Specifications are titled:

“City of Joliet, Illinois, St Pat’s Phase 2 City of Joliet Contract No. 3024-0127

3. Copyright 2026 by Baxter & Woodman, Inc. All Rights Reserved. No part of these

Specifications or the accompanying Drawings may be reproduced by any means, or otherwise reused without the prior written permission of Baxter & Woodman, Inc.

Project Manager License Expires 11/30/27

Project Manager Project Engineer License Expires 11/30/2027

TABLE OF CONTENTS

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CITY OF JOLIET, ILLINOIS

ST. PAT’S PHASE 2 WATER MAIN IMPROVEMENTS

PROJECT MANUAL

Section Number Section

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 PROJECT TITLE PAGE

00 01 07 SEALS PAGE

00 01 10 TABLE OF CONTENTS

00 11 13 ADVERTISEMENT FOR BIDS

00 21 00.41 INSTRUCTIONS TO BIDDERS

Pages 13-14 WATER SUPPLY LOAN PROGRAM Pages 25-28 CONSTRUCTION CONTRACTS OF LOAN RECIPIENT AND

OTHER SECTIONS FROM “PROCEDURES FOR ISSUING

LOANS FROM THE WATER SUPPLY LOAN PROGRAM”

Pages 29-32 DISADVANTAGED BUSINESS ENTERPRISE

PARTICIPATION SPECIFICATIONS

Pages 33-41 DAVIS-BACON WAGE ACT COMPLIANCE GUIDANCE Pages 42 USE OF AMERICAN IRON AND STEEL Pages 43-44 ILLINOIS WORKS JOBS PROGRAM ACT –

APPRENTICESHIP INITIATIVE INFORMATION FOR

CONTRACTORS

00 31 24.51 CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD) - LPC 662

00 31 24.53 CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD) - LPC 663

00 31 32.13 SUBSURFACE DRILLING AND SAMPLING INFORMATION

00 41 00.41 BID FORM

00 43 13 BID SECURITY FORM

00 43 36 PROPOSED SUBCONTRACTORS FORM

00 51 05 NOTICE OF INTENT TO AWARD

00 51 10 NOTICE OF AWARD

00 52 00.41 AGREEMENT

00 55 00 NOTICE TO PROCEED

00 60 01.41 REPRESENTATIONS, CERTIFICATIONS AND FORMS

00 61 13.13 PERFORMANCE BOND FORM

00 61 13.16 PAYMENT BOND FORM

00 61 29 WARRANTY BOND FORM

00 62 03 ILLINOIS DRUG FREE WORKPLACE

00 62 04 ILLINOIS CONTRACTOR CERTIFICATION

00 62 05 ILLINOIS COMPLIANCE WITH SAFETY REQUIREMENTS

00 62 06 ILLINOIS TAX DELINQUENCY/DEFAULT

00 62 07 SUBSTANCE ABUSE PREVENTION PROGRAM

00 62 08 EMPLOYMENT OF ILLINOIS WORKERS ON PUBLIC WORKS ACT

00 62 16 CERTIFICATE OF INSURANCE FORM

00 62 16.13 ADDITIONAL INSUREDS

00 62 16.16 ADDITIONAL INSUREDS

Table of Contents - continued

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00 62 16.19 ADDITIONAL INSUREDS

00 62 16.21 ADDITIONAL INSUREDS

00 62 33.13 BIDDER CERTIFICATION REGARDING THE USE OF AMERICAN IRON

AND STEEL PRODUCTS

00 62 76.01 SWORN STATEMENT

00 62 76.02 PARTIAL WAIVER OF LIEN

00 62 76.03 CONTRACTOR’S AFFIDAVIT

00 62 76.04 FINAL WAIVER OF LIEN

00 62 76.14 TAX EXEMPTION CERTIFICATE

00 62 79 STORED MATERIAL FORM

00 63 49 WORK CHANGE DIRECTIVE FORM

00 63 63 CHANGE ORDER FORM

00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM

00 65 23 NOTICE OF ACCEPTABILITY OF WORK

00 65 36 WARRANTY FORM

00 65 36.03 CONTRACTOR’S AFFIDAVIT LETTER

00 72 00 GENERAL CONDITIONS

00 73 00.41 SUPPLEMENTARY CONDITIONS

00 73 00.42 PREVAILING WAGES

00 74 23.01 DBE FORM #1 (CONTRACTOR CERTIFICATION)

00 74 23.02 DBE FORM #3 (SUBCONTRACTOR UTILIZATION)

00 74 23.03 DBE FORM #4 (BIDDER’S LIST)

00 74 23.04 BIDDER CERTIFICATION IN COMPLIANCE WITH ARTICLE 33E-11 TO THE

“CRIMINAL CODE OF 2012”

00 74 23.05 USEPA CERTIFICATION OF NONSEGREGATED FACILITIES

00 74 23.06 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS

NONDISCRIMINATION IN EMPLOYMENT

00 74 23.07 USEPA CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND

OTHER RESPONSIBILITY MATTERS

00 74 23.52 WHISTLEBLOWERS RIGHTS POSTER (APPENDIX B)

00 74 23.55 EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT POSTER

(APPENDIX E)

00 74 23.57 U.S. DEPARTMENT OF LABOR FORM 1215 PAYROLL (APPENDIX G)

00 74 23.58 U.S. DEPARTMENT OF LABOR FORM 1445 LABOR STANDARDS

INTERVIEW (APPENDIX H)

DIVISION 01 - GENERAL REQUIREMENTS

01 14 11 CONTRACTOR USE OF PREMISES

01 22 29 MEASUREMENT AND PAYMENT

01 26 13 REQUESTS FOR INTERPRETATION

01 26 13.13 RFI FORM

01 31 13.16 PROJECT COORDINATION AND CONSTRUCTION PHASING

01 31 19 PROJECT MEETINGS

01 32 16 CONSTRUCTION PROGRESS SCHEDULES

Table of Contents - continued

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01 32 36 PRECONSTRUCTION VIDEO RECORDING

01 32 53 DIGITAL UTILITY DATA COLLECTION

01 33 01 SUBMITTALS

01 41 26 PERMITS

01 42 13 ABBREVIATIONS AND ACRONYMS

01 45 29 TESTING LABORATORY SERVICES

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 62 13 AMERICAN IRON AND STEEL DOCUMENTATION

01 66 11 STORAGE AND PROTECTION OF MATERIAL AND EQUIPMENT

01 74 26 PIPELINE CONSTRUCTION SITE CLEANING

01 77 01 CONTRACT CLOSEOUT

01 78 39 PROJECT RECORD DOCUMENTS

DIVISION 31 - EARTHWORK

31 23 79 TRENCHING, BACKFILLING, AND COMPACTING

31 25 00 EROSION AND SEDIMENTATION CONTROLS

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 10 00.19 STREET, DRIVEWAY, AND SIDEWALK REPLACEMENT

32 92 00.13 LAWNS AND GRASSES

DIVISION 33 - UTILITIES

33 05 23.16 WATER SERVICES DRILLED UNDER PAVEMENTS

33 11 43 WATER DISTRIBUTION SYSTEM

APPENDIX A WIFIA BORROW GUIDE TO FEDERAL REQUIREMENTS

APPENDIX B LEAD SERVICE LINE IMPROVEMENTS FORMS

APPENDIX C GEOTECHNICAL INVESTIGATION REPORT

APPENDIX D IEPA FORM LPC-662

APPENDIX E IEPA FORM LPC-663

(09/25)

ADVERTISEMENT FOR BIDS

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00 11 13

ADVERTISEMENT FOR BIDS

CITY OF JOLIET, ILLINOIS

CONTRACT NO. 3024-0127

ST PAT’S PHASE 2 WATER MAIN IMPROVEMENTS

General Notice

City of Joliet (Owner) is requesting Bids for the construction of the following Project:

St Pat’s Phase 2 Water Main Improvements Contract No. 3024-0127

Sealed bids for the construction of the Project will be received electronically through Euna Procurement (Bonfire), until Wednesday, December 2, 2026, at 10:00 A.M local time. At that time, the Bids received will be publicly opened and read aloud in Conference Room #1 City Hall, 150 W Jefferson Street, Joliet, IL 60432.

The Project includes the following Work: The proposed construction consists of the installation of approximately 10,545 linear feet of 4-inch to 12-inch water main and other miscellaneous items of work.

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be downloaded from Euna Procurement (Bonfire) on our website at found at https://joliet.bonfirehub.com. All vendors will need to self-register in the Euna Procurement (Bonfire) portal for the City of Joliet. Vendors will need to accept all terms and conditions and opt in to notifications.

A mandatory pre-bid conference for the Project will be held on Thursday, November 12, 2026, at 10:00 A.M. at the City of Joliet East Side WWTP, 815 Adler Street, Joliet, Illinois 60436.

Attendance at the pre-bid conference is mandatory.

Any contract or contracts awarded under this Advertisement for Bids are expected to be funded in part by a loan from the Illinois Environmental Protection Agency (Illinois EPA). Neither the State of Illinois nor any of its departments, agencies, or employees is or will be a party to this Advertisement for Bids or any resulting contract. The procurement will be subject to regulations contained in the Procedures for Issuing Loans from the Public Water Supply Loan Program (35 IAC Part 662), the Davis-Bacon Act (40 USC 276a through 276a-5) as defined by the United States Department of Labor, the Employment of Illinois Workers on Public Works Act (30 ILCS 570), Illinois Works Jobs Program Act (30 ILCS 559/20-1), and the American Iron and Steel provisions of the Consolidated Appropriations Act of 2014. This procurement is also subject to the loan recipient’s policy regarding the increased use of disadvantaged business enterprises.

The loan recipient’s policy requires all bidders to undertake specified affirmative efforts at least sixteen (16) days prior to bid opening.

Any contract(s) awarded under this invitation for bids are expected to be funded in part by a loan from the United States Environmental Protection Agency (EPA). The procurement must comply with the requirements of the Water Infrastructure Finance and Innovation Act (WIFIA).

END OF ADVERTISEMENT FOR BIDS

https://joliet.bonfirehub.com/

INSTRUCTIONS TO BIDDERS

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00 21 00.41

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Article 23— Wage Rate Requirements

Article 24— State of Illinois Drug Free Workplace Certification

Article 25— Steel Products Procurement

Article 26— Substance Abuse Prevention Program

Article 27— Employment of Illnois Workers

Article 28— Uncontaminated Soil Certification and Disposal

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ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 1.6 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic

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Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

2.06 The Contract Documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the Owner or any person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, prior to submitting its Bid, Bidder must be prequalified to complete work for the City of Joliet. The Bidder will be considered prequalified in one or more of two ways:

A. Prequalified with the Illinois Department of Transportation (012 – Drainage);

B. Prequalified with the State of Illinois Capital Development Board.

Current proof of prequalification must be provided with the Bid.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum.

4.02 Information presented at the pre-Bid conference does not alter the Contract Documents.

Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made

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at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor.

Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

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5.04 Site Visit and Testing by Bidders

A. Bidder is encouraged to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit, the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. Bidder must conduct the encouraged Site visit during normal working hours.

D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

E. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

F. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid.

Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents by Tuesday, November 24, 2026, by 4:00 P.M. (local time) through the Euna Procurement

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(Bonfire) portal, https://vendor.bonfirehub.com. Questions submitted outside the Bonfire portal will not be accepted or answered. All questions and responses will be shared through the portal to ensure consistency and fairness for all applicants. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addendum on the Bonfire portal. Bidders must acknowledge all addendums.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received after the deadline for questions noted in 7.02 may not be answered.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of its base bid. Bid security shall be in the form of a certified check, cashier’s check or bid bond issued by a surety licensed to do business in the State of Illinois. Bid security shall be made payable to the order of the City of Joliet. Bid security shall be held to ensure good faith on the part of the bidder and to be applied as liquidated damages should the successful bidder fail to execute all required contract documents or attempt to withdraw the bid prior to the execution of the contract. Personal checks and Company checks are not acceptable bid security and may result in the rejection of the bid as non-conforming.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

https://vendor.bonfirehub.com/

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ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to the Engineer and Owner a list of the Subcontractors proposed for the Work whose portion of the Work exceeds $10,000 on Form 00 43 36, Proposed Subcontractors Form within five

(5) business days after Bid opening, along with a description of the Work to be performed by each.

11.03 If requested by Engineer or Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

11.05 Bidder shall be required to perform with their own Work forces at least 30% of the Work, unless written consent to subcontract a greater percentage of the Work is obtained from Owner.

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ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. Only the Bid Tables on Euna Procurement (Bonfire) shall be used. Where required, the Bid price of each item shall be inserted into the Bid Form on Bonfire.

B. It is the responsibility of the Bidder to submit a neat, accurate, and complete Bid.

12.02 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.03 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

12.04 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.05 A Bid by an individual must show the Bidder’s name and official address.

12.06 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.07 All names must be printed in ink below the signatures.

12.08 The Bid must contain an acknowledgment of receipt of all Addenda in the City of Joliet Affidavits (00 62 01.00).

12.09 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.10 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.11 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity,” which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices;” such total will be used by Owner for Bid comparison purposes. The final

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quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

ARTICLE 14—SUBMITTAL OF BID

14.01 Bids shall be submitted online through the Euna Procurement (Bonfire) portal, https://vendor.bonfirehub.com, and must follow the exact order of documents as specified.

Failure to comply with this format may result in disqualification of your submission.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn through the Euna Procurement (Bonfire) portal prior to the date and time of opening of Bids.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for https://vendor.bonfirehub.com/

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purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. Owner shall have the right to accept alternative in any order or combination, unless specifically otherwise provided.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within fifteen (15) days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within fifteen (15) days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Owner is exempt from Illinois State, municipal or county Retailers Occupation Tax, Service Occupation Tax, Use Tax, and Service Use Tax as described in Illinois Compiled Statute Chapter 35. Bid prices shall not include the cost of such taxes.

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21.02 Bidder is solely responsible for knowledge and notice of the applicable tax laws and requirements and may benefit from a tax exemption as allowed by such laws and requirements.

ARTICLE 22—RESERVED

ARTICLE 23—WAGE RATE REQUIREMENTS

23.01 No less than the prevailing rate of wages under the Davis-Bacon Wage Act (40 USC 3141 through 3148) as determined by the U.S. Department of Labor shall be paid to all laborers, workmen and mechanics performing work under this contract. Contractor and all Subcontractors engaged in any part of the Project will be required to comply with the Davis-Bacon Wage Act requirements and the cost of doing so must be included in the Bid as no extra payment on account of this provision of law will be allowed.

23.02 If the Department of Labor revises prevailing wage rates, the revised prevailing wage rates on the Department of Labor’s website (https://www.dol.gov/) shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. The Contractor shall review the wage rates applicable to the work of the contract at regular intervals to ensure timely payment of current wage rates. The Contractor agrees no additional notice is required. The Contractor shall be responsible for notifying each subcontractor of the wage rates set forth in this contract and any revisions thereto.

23.03 Provide certified payroll records to the Department of Labor and to the Owner if requested each month to demonstrate compliance.

ARTICLE 24—STATE OF ILLINOIS DRUG FREE WORKPLACE CERTIFICATION

24.01 The Drug Free Workplace Act (Illinois Compiled Statutes Chapter 30-580) requires that no Contractor be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Contractor has certified to the State that the Contractor will provide a drug free workplace.

24.02 For the purpose of this certification, "Contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract of $5,000 or more from the State.

24.03 Provide a signed certification of Drug Free Workplace Act compliance (Certificate 00 62 03) with the Bid.

ARTICLE 25—STEEL PRODUCTS PROCUREMENT

25.01 Comply with the provisions of the Illinois Steel Products Procurement Act (30 ILCS 565/).

ARTICLE 26—SUBSTANCE ABUSE PREVENTION PROGRAM

26.01 Illinois P. A. 095-0635, Substance Abuse Prevention on Public Works Projects Act requires that all Contractors and Subcontractors have a written Substance Abuse Prevention Program, or collective bargaining agreement, in effect that includes a Substance Abuse Prevention Program. Submit a copy of the Substance Abuse Prevention Program or collective bargaining agreement with the governing body, along with a cover letter certifying that their program meets the requirements of the Act, or, as https://www.dol.gov/

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an alternative, use Certificate 00 62 07 from these Specifications. This requirement applies to Contractors and Subcontractors.

26.02 Provide all necessary documentation at the time of the preconstruction meeting.

ARTICLE 27—EMPLOYMENT OF ILLINOIS WORKERS

27.01 Comply with the provisions of the Employment of Illinois Workers on Public Works Act (30 ILCS 570/) as they may apply to this project.

27.02 If at the time the Agreement for this Project is executed, or if during the term of the Agreement, there is excessive unemployment in Illinois as defined in the Employment of Illinois Workers on Public Works Act, 30 ILCS 570/0.01 et seq., as two consecutive months of unemployment exceeding 5%, the Bidder agrees to employ Illinois laborers in accordance with the “Employment of Illinois Workers on Public Works Act”. An “Illinois laborer” is defined as any person who has resided in Illinois for at least thirty (30) days and intends to become or remain an Illinois resident.

27.03 Provide signed certification of compliance (Certificate 00 62 08) with the bid.

ARTICLE 28—UNCONTAMINATED SOIL CERTIFICATION AND DISPOSAL

28.01 Comply with the requirements of Sections 22.51(f)(2)(B) and 22.51a(d)(2)(B) of the Illinois Environmental Protection Act ([415 ILCS5/22.51(f)26(B)] and [415 ILCS5/22.51a(d)(2)(B)]) for the disposal of uncontaminated soils including uncontaminated soil mixed with other clean construction or demolition debris (CCDD) materials. Provide soil testing and professional engineering services needed to certify the uncontaminated soils (LPC-663) unless the Bidding Documents state that the Owner will provide the uncontaminated soil certification.

28.02 Soils which cannot be certified as uncontaminated or soils that are found to be contaminated during the course of the Work shall be tested and disposed as required for Contaminated Waste Disposal.

ARTICLE 29—AUDIT AND ACCESS TO RECORDS

29.01 Any contract entered into by the loan recipient and any sub-agreement hereunder, shall provide that representatives of the Agency will have access to the work whenever it is in preparation or progress and that the contractor or subcontractor will provide proper facilities for such access and inspection. Such contract or sub-agreement must also provide that the Agency or any authorized representative shall have access to any books, documents, papers, and records of the contractor or subcontractor, which are pertinent to the project for the purpose of making audit, examination, excerpts, and transcriptions thereof.

ARTICLE 30—DISCRIMINATION

30.01 Bidder shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a

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material breach of this contract which may result in the termination of this contract or other legally available remedies.

ARTICLE 31—PUBLIC WATER SUPPLY LOAN PROGRAM DOCUMENTS

31.01 The following documents attached to this Section describe the requirements of the loan program:

• Affirmative Action for Equal Employment Opportunity (E.O. 11246)

• Construction Contracts of Loan Recipient and Other Sections from “Procedures For Issuing Loans From the Public Water Supply Loan Program” (Section 00 21 00.41, Pages 26 to 29)

• Disadvantaged Business Enterprise Participation Specifications (Section 00 21 00.41, Pages 30 to 33)

• Davis-Bacon Wage Act Compliance Guidance

• Use of American Iron and Steel

• Illinois Works Jobs Program Act - Apprenticeship Initiative Information for Contractors

31.02 The following certificates in other Sections of the Contract Documents describe additional requirements of the loan program:

• IEPA DBE Program Forms #1, 3, and 4 (Certificates 00 74 23.01, 00 74 23.02, and 00 74 23.03)

• Compliance with Article 33E-11 to the “Criminal Code of 2012” (Certificate 00 74 23.04)

• USEPA Certification of Nonsegregated Facilities (Certificate 00 74 23.05)

• Nondiscrimination in Employment Form (Certificate 00 74 23.06)

• IEPA Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Certificate 00 74 23.07)

ARTICLE 32—WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT (WIFIA)

32.01 The goods and services under this Contract are being completed with funding made available by the United States Environmental Protection Agency (EPA) WIFIA program.

The Contractor is required to comply with all applicable WIFIA statutes and regulations and any additional terms and conditions imposed by EPA in connection with WIFIA funding for the Project.

32.02 EPA provided compliance language “WIFIA Specification Package and Bid Contract Language” is included as Appendix A and is part of the Contract Documents. Compliance with all provisions of the WIFIA requirements is required. Some requirements will be met by following requirements in the General Conditions, and others are not applicable to the project.

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NOTICE OF REQUIREMENT FOR

AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

(EXECUTIVE ORDER 11246)

1. The Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Bidder’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables Goals for Minority Participation for

Each Trade

Goals for Female Participation in Each Trade

20.9% 6.9%

These goals are applicable to all the Bidder’s construction work (whether or not it is federal or federally assisted) performed in the covered area.

The Bidder’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Bidder shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Bidder’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Bidder shall provide written notification to the director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

4. As used in this notice, and in the contract resulting from this solicitation, the “covered area” is the City of Joliet, Will County, in the State of Illinois.

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41 CFR 60

60-4.1 Scope and Application.

This part applies to all contractors and subcontractors that hold any Federal or federally assisted construction contract in excess of $10,000. The regulations in this part are applicable to all of a construction contractor's or subcontractor's construction employees who are engaged in on site construction including those construction employees who work on a non-Federal or non-federally assisted construction site. This part also establishes procedures which all Federal contracting officers and all applicants, as applicable, shall follow in soliciting for and awarding Federal or federally assisted construction contracts. Procedures also are established which administering agencies shall follow in making any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of Executive Order 11246, as amended. In addition, this part applies to construction work performed by construction contractors and subcontractors for Federal non-construction contractors and subcontractors if the construction work is necessary in whole or in part to the performance of a non-construction contract or subcontract.

[43 FR 49254, OCT. 20, 1978; 43 FR 51404, NOV. 3, 1978]

60-4.2 Solicitations.

(a) All Federal contracting officers and all applicants shall include the notice set forth in paragraph