AML2101 CWandV Specifications~2.pdf

ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR)

SMALL PURCHASE PROCUREMENT

PROJECT REQUIREMENTS & SPECIFICATIONS

Project Name: C, W, & V #1 Remedial Project Number: AML-GLsE-2101 Project Location: LaSalle County

This remedial reclamation project is located on the Kollar Property (PIN 28-10-100-005) with address 1673 E 1553RD Road Streator, IL 61364. More specifically, the West side of the pond located on the property. The upstream end of the overflow pipe culvert has become uplifted and the emergency overflow spillway has accumulated silt and other runoff from nearby farm fields, to the point where it is not at the design elevation and not working properly.

PROJECT NARRATIVE:

C, W, &V #1 Remedial reclamation work is to mitigate the public safety and environmental hazards associated with uplifted segment of overflow pipe culvert and accumulated silt in the emergency overflow spillway. The uplifted pipe culvert segment will be removed at the headwall, concrete collar used to create neat watertight seal between headwall and pipe culvert, the upstream entrance regraded, and rip rap placed. The emergency overflow spillway shall be excavated, and rip rap placed to restore the flow line elevation as shown in the plans.

SCOPE OF WORK:

Required work includes partial dewatering the pond, removing the uplifted segment of pipe culvert, placing concrete collar to create a watertight seal between the headwall and pipe culvert, excavating and grading at the upstream end of the pipe culvert and the emergency spillway, and placing rip rap at both locations. The scope shall include removing and replacing a segment of fencing to gain access to the site, seeding, and surveying and engineering required to complete the work.

Appendix A contains the plans for this project

Project Requirements:

1) Pre-Bid Meeting A pre-bid meeting is scheduled for 10:30 am on Wednesday, September 15, 2021 at the project site located at the 1673 E 1553rd Road as shown in the plans.

2) Illinois Bid Buy Procurement System

All contractors planning to submit a bid are required to register in BidBuy.

Please follow this link to login: https://www.bidbuy.illinois.gov/bso/ https://www.bidbuy.illinois.gov/bso/

3) OSMRE Applicant Violator System The successful bidder will be required to complete an Abandoned Mine Land (AML) Contractor Information Form (OMB 1029-0119) certifying or updating information in the Office of Surface Mining Reclamation and Enforcement (OSMRE) Applicant Violator System (AVS). If the successful bidder is not already registered in AVS, the contractor shall provide business ownership information as indicated on the form. This form shall be completed and executed prior to commencement of the work. If a contractor is deemed ineligible for performing AML reclamation work, the next lowest bidder may be utilized to complete the work at the discretion of the IDNR Project Manager.

4) Coordination of Work Activities All work activities and entry to the sites must be coordinated with the IDNR Project Manager.

5) Contractor’s Licensing and/or Certifications Contractor shall be responsible for compliance with all applicable contractor and trades person licensing with the appropriate State agency.

6) Duration Quotes shall be good for ninety (90) calendar days after the submittal date.

7) Prevailing Wage Rates This contract [or agreement] calls for the construction of a “pubic work” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount of fringe benefits) in the county where the work is performed. The Illinois Department of Labor (IDOL) publishes the prevailing wage rates on its website at https://www2.illiois.gov/idol/lawsrles/conmed/pages/rates/aspx. IDOL revises the prevailing wage rates and contractor/subcontractor has an obligation to check the IDOL’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the IDOL’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

mailto:il.bidbuy@illinois.gov https://www.illinois.gov/cpo/PathwayToProcurement/Pages/BidBuy.aspx ashley.n.stewart Cross-Out

8) Employment of Public Workers on Public Works

In a period of excessive unemployment rates, State contractors (1) constructing or building any public works or (2) cleaning-up and disposing on-site of hazardous waste, and that clean-up or on-site disposal is funded or financed in whole or in part with State funds or funds administered by the State, are required to employ at least 90% Illinois laborers on such project. For projects involving clean-up and on-site disposal of hazardous waste, emergency response or immediate removal activities are excluded. This requirement applies to all labor whether skilled, semi-skilled or unskilled, whether manual or non- manual.

A period of excessive unemployment rates is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures.

Any public works project financed in whole or in part by federal funds administered by the State of Illinois is covered under the provisions of this requirement, to the extent permitted by any applicable federal law or regulation. 30 ILCS 570.

Contractors may receive an exception from this requirement by submitting a request and supporting documents certifying that Illinois laborers are either not available or are incapable of performing the particular type of work involved. The certification must: (a) be submitted to the agency within the first quarter of the Contract Term; (b) provide sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the contractor; and (d) be approved by the agency.

9) Certified Payroll State law 820 ILCS 130/5 requires all contractors and sub-contractors working on state construction projects to submit certified payroll records to the IDNR. The payroll records must include all workers employed by contractors on the project.

In accordance with 820 ILCS 130/5, the contractor and sub-contractor(s) shall make and keep, for a period of 5 years from the date of the last payment made on or after January 1, 2014 (the effective date of Public Act 98-328) on a contract or subcontract for public works, records of all laborers, mechanics, and other workers employed by them on the project.

No later than the 15th day of each calendar month, the contractor shall file a certified payroll for the immediately preceding month with the IDNR.

10) Small Business Set-Aside

The Contractor awarded the project must be registered as a small business, as required by the Small Business Set-Aside Program. (For complete requirements, to become registered, or to certify your business is in the Small Business Set-Aside Program, visit the Illinois Procurement Gateway (IPG) at https://ipg.vendorreg.com/ or call (217) 782-1270.

11) Insurance

Contractor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the IDNR and property owner as additionally https://ipg.vendorreg.com/ 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. Contractor shall provide: (a) General Commercial Liability insurance in the 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 the amount required by law. Insurance shall not limit Contractor’s obligation to indemnify, defend, or settle any claims.

12) Construction Bond

Pursuant to the Public Construction Bond Act (30 ILCS 550/), a construction bond shall be required if the project cost exceeds $50,000.

13) Permits and Licenses

Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor.

14) Utilities

Before starting excavation, establish location and extent of underground utilities occurring in the work area. Contractor shall contact Joint Utility Locating Information for Excavators (J.U.L.I.E.) 800- 892-0123.

15) Highway Permits

The Contractor is responsible for contacting the appropriate County Engineer and/or other appropriate local officials concerning the proposed work activities on the project as they may relate to use of the County and local road system. Coordination of any activities of concern to the County or Township shall be the responsibility of the Contractor. Special attention shall be given to load limits and seasonal restrictions.

16) New Products

Unless otherwise specifically provided in the contract documents, all materials, equipment and products incorporated in the work under the contract shall be new and of a suitable grade for the purpose intended.

17) Steel Products

Any steel product(s) used or supplied in the performance of this contract shall be manufactured or produced in the United States, in accordance with the Steel Products Procurement Act, unless a waiver is granted by IDNR (30 ILCS 565/).

18) Specified Materials

Quotes shall be based on providing all products exactly as required by the project specifications.

Contractor may select from the list of acceptable manufacturers, or, for products specified only by reference or performance standards, select any product which meets or exceeds the specified standards, by any manufacturer, subject to the approval of the IDNR.

19) Final Cleaning

Contractor shall clean-up all work related debris and construction materials and properly dispose off-site. The Contractor shall repair and otherwise make good any damage caused by the work and leave the premises in the equivalent of the original condition.

20) Warranty

The Contractor warrants that all work provided under the contract will be in conformance with the contract and free from defects in workmanship, materials, and equipment for a period of one year from the goods acceptance date. See Section B. Project Instructions and Notes, for any extended warranties that may apply.

21) Change Orders

Change orders shall be defined as a change in a contract term, other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion. A change order shall be executed by the State agency and vendor evidencing the change. All changes shall be approved by the CPO, or designee, and be accompanied by a written determination that the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed and the change is germane to the original contract as signed. Change orders that increase or decrease the cost of a contract or an estimated contract by a total of $10,000 or more or the time of completion by more than 30 days shall be published on the Illinois Procurement Bulletin, pursuant to Section 15-25 of the Code and documented pursuant to Section 33E-9 of the Criminal Code of 2012, in advance of the execution of the change order.

22) Payment After successful completion of the work and compliance with the requirements set out above, the successful bidder shall submit an invoice for payment. After approval of the invoice, it shall be forwarded to the Illinois Comptroller’s office for payment, usually within 60 days. Payment terms contained in Contractor’s invoice(s) shall have no force or effect.

23) Request for Quote

Quotes must be submitted on BidBuy. See Section 2 above regarding BidBuy website.

24) Submittal Date and Time:

Bids are due by 3:00 p.m. on September 22, 2021.

25) Award

The IDNR is not obligated to award a contract pursuant to this Request.

26) Starting Date Work on the project shall commence within 15 calendar days of execution of the contract. The Contractor shall contact the IDNR within the 15-day period to schedule a preconstruction conference prior to the beginning of actual construction operations. Work in the farm fields cannot begin until the crops are removed.

27) Substantial Completion and Contract Ending Date The substantial completion date, which shall include all seeding required as part of the project shall be April 20th, 2022. The contract shall end June 30th, 2022.

28) Responsibility of the Contractor

It shall be the responsibility of the Contractor to visit the reclamation site in order to become fully acquainted with all the details pertaining to the project. 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 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 contract.

During the performance of this construction contract, 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.

29)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.

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.

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 1 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 (See Sample Document following the Special Provisions).

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 IDNR Project Manager 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.

The Contractor must notify the IDNR Project Manager 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.

Project Specifications:

The "Standard Specifications for Road and Bridge Construction," adopted April 1, 2016 by the Illinois Department of Transportation; as amended and supplemented by the "Supplemental Specifications and Recurring Special Provisions," adopted January 1, 2021 (hereinafter referred to collectively as "Standard Specifications"), are incorporated by reference and made a part of this Contract for the Reclamation of the C,W, & V Remedial Reclamation Project, LaSalle County, AML-GLsE-2101. (A hard copy of the Standard Specifications can be purchased from the Illinois Department of Transportation or a pdf copy can be obtained at no cost from http:/www.idot.illinois.gov/doing-business/procurements/engineering-architectural-professional-services.)

The following Special Provisions supplement the Standard Specifications and govern the construction of the C, W, & V Remedial Reclamation Project. In the event of conflict between the Special Provisions and the Standard Specifications, the Special Provisions shall take precedence and govern.

In the application of the Standard Specifications to this Contract, 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 Division (Department); except that references to the Department of Transportation within Section 102 - Advertisement, Bidding, Award, and Contract Execution - shall continue to mean the Department of Transportation.

The advertising for Bids, Prequalification of Bidders, Issuance of Proposals, Proposal Guarantee, and Acceptance and Opening of Bids shall be in accordance with the policies and procedures of the Illinois Department of Transportation. Proposals, Schedule of Prices, Signature Sheet and other bidding or contract requirements as utilized by the Department of Natural Resources; Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation (Department) shall apply to this contract.

DESCRIPTION OF THE PROJECT

This remedial reclamation project provides for the correction of a lifted length of pipe culvert and work related to the pipe culvert entrance. This project consists of work items as described in detail herein, and within the Plans or Plan Documents.

LOCATION OF THE PROJECT

This remedial reclamation project is located at the address 1673 E 1553RD Road Streator, IL 61364.

ABILITY OF CONTRACTOR TO COMPLETE WORK

The Contractor shall be able to provide the necessary equipment and manpower to successfully complete all phases of the contract as described herein.

PROGRESS AND LIQUIDATED DAMAGES

All work shall proceed in accordance with a Progress Schedule as provided in Article 108.02 of the Standard Specifications.

Establishing vegetation is critical to the success of reclamation projects. Seeding must be performed within specified times for optimum chances of success. Failure to complete all prerequisite earthwork, erosion control, permanent seeding (or temporary seeding, if approved by the Engineer) and mulching by April 20th, 2022 shall be considered a material breach of the Contract and the Department may assess liquidated damages immediately upon such failure, and until said work is completed, as provided in Article 108.09 of the Standard Specifications.

All remaining work, including final clean-up, removal of equipment, final inspection, any alterations, repair, remedial or holdover work, reseeding, and submission of the final pay request shall be completed prior to the contract ending date.

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.

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.

FIELD ENGINEERING

Requirements Included:

The Contractor shall provide and pay for all field engineering services required for the project, including:

1. Lay-out and field stake the project’s construction limits, unless otherwise specified on the plans, to the satisfaction of the Engineer.

2. Survey work required in execution of the project.

3. Civil, structural or other professional engineering services specified, or required to execute the Contractor's construction methods.

Survey Reference Points:

Existing basic horizontal and vertical control points for the project are not available for this project. The Contractor shall establish and protect control points prior to starting site work and preserve all permanent reference points during construction.

Project Survey Requirement:

The Contractor shall establish benchmarks on-site as required to complete the work. The Contractor shall establish construction limits, lines and levels, locate and lay-out by instrumentation and similar appropriate means, all site improvements. From time to time, the Engineer may verify layouts by same methods.

Initial, periodic and final cross-sectioning of borrow areas for payment will be performed by the Contractor, under the Engineer’s supervision.

Records:

The Contractor shall maintain complete, accurate records, computations and field books of all control and survey work as it progresses. These shall be kept on-site for use of and reference by the Engineer.

Submittal:

The Contractor is required to use a professional land surveyor licensed in the State of Illinois. The Contractor shall submit the name, address, and a copy of the surveyor’s license prior to beginning surveying work.

OWNER OCCUPANCY

Owners will occupy premises during entire construction period for conduction of their normal operations. The Contractor shall cooperate with Owners in scheduling operations to minimize conflict and to facilitate Owner's usage.

DIVISION 100 - GENERAL REQUIREMENTS AND COVENANTS

SECTION 101: DEFINITION OF TERMS - (revise and add the following articles as indicated)

Whenever in these specifications or in other contract documents the following terms or pronouns in place of them are used, the intent of meaning shall be interpreted as follows:

Article 101.03 Award - (revise as indicated)

The decision of the Department of Natural Resources; Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law.

Article 101.14 Department - (revise as indicated)

The Department of Natural Resources of the State of Illinois with its principal offices of business at Springfield.

Article 101.16 Engineer - (revise as indicated)

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.

Article 101.35 Right of Way - (revise as indicated)

Right of way shall be replaced by construction limits, except when used in conjunction with right of way markers or highways.

Article 101.39 Roadway - (revise as indicated)

Roadway shall be replaced by site.

Article 101.47 Subgrade - (revise as indicated)

The top surface of the mine refuse upon which the cover soil is placed.

Add the following Articles 101.56, 101.57, and 101.58.

Article 101.56 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.

Article 101.57 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.

Article 101.58 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.

End of Revisions to SECTION 101: DEFINITION OF TERMS

SECTION 102: ADVERTISEMENT, BIDDING, AWARD, AND CONTRACT EXECUTION –

(revise the following article as indicated)

Article 102.01 - (add the following)

When the plans or Special Provisions include information pertaining to subsurface exploration, borings, test pits and other preliminary investigation, such information represents only the best knowledge of the Department of Natural Resources as to the location, character or quantity of the materials encountered and is only included for the convenience of the bidder. The Department of Natural Resources 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. All soil information upon which the design was prepared is available for examination by all prospective bidders at the Department of Natural Resource’s Springfield or Marion office.

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 impacts 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.

End of Revisions to SECTION 102

SECTION 107: LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC - (revise and add the following articles as indicated)

Article 107.11 Insurance Requirements for Railroad - Highway Crossing - (add the following)

When work is to be performed within the right-of-way of an active railroad, the Contractor shall provide the following insurance requirements.

Article 107.19 Unexpected Regulated Substances - (revise as indicated)

Delete references to the Response Action Contractor Indemnification Act found in Article 107.19, 6th paragraph. Said Act is not applicable to federally funded abandoned mine reclamation projects. All other provisions of Article 107.19 shall remain in full force and effect.

Article 107.20 Protection and Restoration of Property - (add the following)

If any damages are incurred from the Contractor's operations to any properties outside of the construction limits 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 limits of the construction area 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 contract.

2. If the Engineer deems it necessary to deviate from the construction limits, as provided herein, to improve the work ability of the contract.

Article 107.22 Approval of Proposed Borrow Areas, Use Areas, and/or Waste Areas. (delete and replace with the following)

Proposed borrow areas are to be designated by the Contractor to the Engineer and approved prior to their use. A map showing the location and approximate size limits of the borrow area shall be submitted to the Engineer for approval. The Engineer will consult with the Department to determine if potentially significant cultural and /or biological resources may be present at the site. If the Department determines that potentially significant cultural and/or biological resources may be present, the Contractor shall have the option of choosing another site or paying for additional surveys and testing. Results of the additional surveying and testing will determine if the site may be used or if the Contractor must provide another site.

The borrow area shall not be disturbed until the Department has given approval.

Article 107.27 Insurance - (delete and replace with the following)

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. The insurance companies providing coverage shall be rated in the Best's Key Rating Guide. The Department will accept companies with a rating not lower than B+ provided the financial size category is VII or larger. Companies rated A- or better shall have a financial size category of not less than VI. 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 contract.

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 Sub-Contractors (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 insureds 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, it's officers, and employees being insured on the Contractor's policy.

(c) Owners and Contractor’s Protective (OCP) Liability

The Contractor shall provide an OCP policy covering the property owner(s) of the site where the work is to be performed. In the case of multiple owners, all the landowners may be listed as additional insurers on the same policy.

This project will require OCP Policy coverage for one property owners.

If the Contractor chooses to put the Department on an OCP (in lieu of placing the Department as an additional insured on the Commercial General Liability - see (b) above), then the Department should be listed as the insured, with all landowners listed as additional insured(s). The amounts of insurance shall be as follows:

BODILY INJURY LIABILITY PROPERTY DAMAGE

LIABILITY

Each Occurrence Each Occurrence Aggregate $1,000,000 $500,000 or $1,000,000

COMBINED SINGLE LIMIT $1,000,000

The required OCP policy shall contain the following endorsement:

"Each named insured shall be provided full coverage under this policy without regard to the fact that such named insured is not in contractual privity with the Contractor. It is understood that the construction operations are performed for and on behalf of the Department, with the consent of the property owner(s)-insured(s). Coverage under this policy with respect to liability arising out of operations shall not be denied to any named-insured because of his passive relationship to the Contractor".

When any named insured is a corporation, insurance coverage under the OCP policy shall extend to the Corporation, its officers, agents, and employees.

(d) Commercial Automobile Liability

The policy shall cover owned, non-owned and hired vehicles.

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

(e) 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 rights-of-way, 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 contract. A certificate of insurance shall include a statement that, "the coverage and limits conform to the minimums required by Article

107.27 of the Standard Specifications for the Road and Bridge Construction". Any exception or deviation shall be brought to the attention of the Department for a ruling of acceptability. 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 contract.

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 contract.

Article 107.32 Furnishing Right of Way - (change to)

The Department shall secure and provide permission from the property owners for reclamation to be performed.

(Add the following section) Article 107.42 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 Sub-Contractor, 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 contract dispute, the Contractor's remedies shall be limited to those provided in the Contract and to claims or actions to be brought against the Department in the Illinois Court of Claims, pursuant to the Court of Claims Act (Illinois. 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.

Sub-Contractors, 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 contract performance and payment bond, and claims for "Liens Against Public Funds" as provided in paragraph 23(c) of the Mechanics Lien Act. Sub-Contractors, 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.

End of Revisions to SECTION 107: LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

SECTION 108: PROSECUTION AND PROGRESS - (revise the following articles as indicated)

Article 108.07 Suspension of Work - (add the following)

The Department hereby makes express provision for any suspensions which may result from disputes with property owners. The Engineer may suspend work for up to ten working days during the contract period without additional compensation to the Contractor, when such suspension is necessary to resolve disputes or problems with property owners. Multiple suspensions, less than ten working days each, shall not exceed ten working days total, without additional compensation.

End of Revisions to SECTION 108: PROSECUTION AND PROGRESS

SECTION 109: MEASUREMENT AND PAYMENT - (revise the following articles as indicated)

Article 109.07 Partial Payments (Add the following after the first paragraph of 109.07(a))

The State will deduct from the amount so determined for the first 50 percent of the completed work a sum of ten percent to be retained until after the completion of the entire work to the satisfaction of the Engineer. After 50 percent or more of the work is completed, the Engineer may, at his/her discretion, certify the remaining partial payments without any further retention, provided that satisfactory progress is being made, and provided that the amount retained is not less than five percent of the total adjusted contract price. When the principal items of the work have been satisfactorily completed, a semi-final estimate may be made with the consent of the surety.

Payment to the Contractor under such an estimate shall not exceed 90 percent of the amount retained after making partial payments, but in no event shall the amount retained after making the semi-final payment be less than one percent of the adjusted contract price, nor less than $500.00.

At the request of the Contractor, with approval of the Department, the retainage of the contract set forth in this Article may be deposited under a trust agreement with an Illinois Financial Institution of the Contractors choice and subject to the approval of the Department. The Contractor shall receive any interest thereon. Pursuant to application by the Contractor, a trust agreement by an Illinois Financial Institution and the Department shall contain, as a minimum, the amount to be deposited subject to the trust, the terms and conditions of payment in case of default of the Contractor, and the termination of the trust agreement upon completion of the contract.

The Contractor shall be responsible for obtaining the written consent of an Illinois Financial Institution trustee and any costs or service fees shall be borne by the Contractor. The trust agreement may, at the discretion of the Department and upon request of the Contractor, become operative at the time of the first partial payment according to existing statutes and Department procedures.

As soon as possible after final inspection, the Department will submit final quantities to the Contractor, will request material certification information from the Contractor, and will act on any time extension requests. At the end of 21 days from such action, if the Contractor has not agreed to final quantities or liquidated damages, or submitted required documentation, the Department may withdraw retained funds from the financial institution. At the end of three months, the Department may proceed with final payment on the basis of measured quantities.

End of Revisions to SECTION 109: MEASUREMENT AND PAYMENT End of Revisions to SECTION 100: GENERAL REQUIREMENTS AND COVENANTS

DIVISION 200 - EARTHWORK, LANDSCAPING, EROSION CONTROL

SECTION 201: CLEARING, TREE REMOVAL AND PROTECTION CARE AND REPAIR OF

EXISTING PLANT MATERIAL - (revise and add the following as indicated)

Article 201.01 Description - (add the following)

(f) Trash and Debris Removal -- Trash and debris removal shall consist of the removal and disposal of all trash and debris that is within the area to be graded inside the construction limits to an approved landfill off-site.

Article 201.09 Disposal of Materials - (delete and replace with the following)

This work shall be done in accordance with Article 202.03 of these Special Provisions.

Article 201.10 Method of Measurement - (delete paragraphs (b) through (d) and replace with the following)

All Clearing, Tree Removal, Protection of Existing Plant Material, Care of Existing Plant Material and Trash and/or Debris Removal that is necessary to perform the grading work within the construction limits shall be classified as SPECIAL CLEARING and will not be measured for payment. Any of these items associated within the designated areas of Special Excavation shall not be considered here but shall be covered under Section 215 - Special Excavation.

All trees within the construction limits shall be preserved and shall not be removed unless approved by the Land Owner and Engineer.

All trees outside the construction limits shall not be disturbed.

Article 201.11 Basis of Payment - (delete all and replace with the following)

All Tree Removal, Protection of Existing Plant Material, Care of Existing Plant Material and Trash/Debris Removal within the construction limits shall be paid for at the contract lump sum price for SPECIAL

CLEARING.

End of Revisions to SECTION 201: CLEARING, TREE REMOVAL AND PROTECTION CARE

AND REPAIR OF EXISTING PLANT MATERIAL

SECTION 202: EARTH AND ROCK EXCAVATION (delete entire section and replace with the following)

SECTION 202: ABANDONED MINE SITE EXCAVATION

Article 202.01 Description

Abandoned mine site excavation shall consist of the excavation, removal, placement, and satisfactory disposal of materials taken from within the construction limits for the reshaping and disposal of mine refuse; the covering of mine refuse with soil; the construction of embankments, ditches, waterways, entrances, field roads and incidental work.

Article 202.02 Clearing, Tree Removal, Hedge Removal

Prior to starting excavation operations in any area, all clearing, tree removal, hedge removal and trash and debris removal in that area shall be performed according to SECTION 201.

Article 202.03 Removal and Disposal of Surplus, Unstable and Unsuitable Materials and Organic Waste

The Contractor, at his/her own expense, shall dispose of all surplus, unstable and unsuitable materials, including those which result from the work included in SECTIONS 201, 440, and 501 in such a manner that public or private property will not be damaged or endangered.

Whenever possible, stones and boulders naturally occurring within the construction limits shall be placed in fills or embankments in layers and compacted, in accordance with SECTION 205. Broken concrete without protruding metal bars, bricks, rock, stone, or uncontaminated dirt or sand generated from construction or demolition activities may be used in embankment or in fill. These materials shall be placed as approved by the Engineer; shall be compacted to the satisfaction of the Engineer; shall be buried a minimum of 3 ft (900 mm) below finished grade unless specified otherwise in the plans (except when the materials include only uncontaminated dirt and sand); and shall not create an unsightly appearance or detract from the natural topographic features of an area. Broken concrete without protruding metals bars, bricks, rock, or stone may be used as riprap as approved by the Engineer. If the materials are used for fill in locations within the mine site but outside project construction limits the Contractor must specify to the Engineer, in writing, how the landscape restoration of the fill areas will be accomplished. Placement of fill in such areas shall not commence until the Contractor's landscape restoration plan is approved by the Engineer.

Aside from broken concrete without protruding metal bars, bricks, rock, stone, or uncontaminated dirt or sand used in embankment, for fill, or for riprap, as appropriate, all other construction and demolition debris or waste shall either be disposed of in a licensed landfill, or recycled, reused, or otherwise disposed of as allowed by State or Federal solid waste disposal laws and regulations, and solid waste determinations of the Illinois Environmental Protection Agency (IEPA).

A permit shall be obtained from the IEPA and made available to the Engineer prior to open burning of organic waste (i.e. plant refuse resulting from pruning or removal of trees or shrubs) or other construction or demolition debris available to the Engineer. Organic waste originating within the construction limits may be left on-site for use by the landowner, stockpiled for use as wildlife habitat, as determined by the Engineer, in locations designated by the Engineer. When landscape plantings are included in the project, organic waste originating within the construction limits may be chipped or shredded and placed as mulch around landscape planting within the construction limits when approved by the Engineer. Chipped or shredded material to be placed as mulch shall not exceed a depth of 6 in. (150 mm).

When specified, surplus excavated material, including excavated stable and suitable material from special excavation, sewer trenches or other underground construction, shall be used to increase soil cover thickness, construct embankments, flatten slopes, or be disposed of otherwise within the project construction limits as approved by the Engineer. Surplus excavated material shall not be disposed of by the Contractor outside of the construction limits.

All unstable and unsuitable material, including excavated material from special excavation, sewer trenches, or other underground construction shall be excavated or removed and replaced with material acceptable to the Engineer. Unstable and unsuitable material shall not be used in embankments. If unsuitable material is present at or below the finished grade, it shall be removed and replaced with suitable material, in accordance with Articles 205.04 and 205.05. Unsuitable material shall be placed or disposed of by the Contractor at his/her own expense outside of the construction limits as specified herein.

Article 202.04 Grading the Site

The Contractor shall excavate earth materials to the lines, grade, cross-sections and elevations shown on the plans or designated by the Engineer. Mine refuse shall be graded, hauled to, and/or incorporated into the configuration as shown on the plans. Cover material shall be graded, excavated, hauled, and/or placed to the configuration as shown on the plans. Cover material shall be uniformly spread in layers not to exceed nine inches individually to the total depth specified in the plans. All mine refuse, grading, and/or excavation shall be completed prior to applying cover material.

The mine refuse is to be excavated to the lines, grade, cross-sections and elevations shown on the plans or designated by the Engineer. If mine refuse remains below those lines, grade, cross- sections and elevations and was not specified for soil cover on the plans or by the Engineer, then after receiving written approval of the Engineer the Contractor shall excavate the remaining mine refuse to a depth of 2 ft (600

mm) below the adjacent proposed grade or to soil, whichever occurs first. The area affected by the additional mine refuse excavation shall be backfilled with soil to original plan proposed grade or to the lines, grades, elevations specified by the Engineer. All additional mine refuse excavation and earth excavation necessary due to encountering these conditions will be paid for at the contract unit price for Earth Excavation and Mine Refuse Excavation as described herein.

Article 202.05 Classification

Abandoned mine site excavation shall be classified as earth excavation or mine refuse excavation.

(a) Earth Excavation - Excavation of any earth materials except mine refuse as defined in Articles

101.56 and 101.58.

(b) Mine…