Illinois-Michigan Canal Spillway Repairs Grundy and Will Counties, Illinois

2-24-033

SPECIAL PROVISIONS

For the construction of the

Illinois-Michigan Canal Spillway Improvements Grundy and Will Counties, Illinois

Contract 2-24-033

The "Standard Specifications for Road and Bridge Construction," adopted January 1, 2022, by the Illinois Department of Transportation and supplemented by the "Supplemental Specifications and Recurring Special Provisions," adopted January 1, 2025, are incorporated by reference and made a part of this Contract for the Illinois-Michigan Canal Spillway Improvements, Illinois-Michigan Canal State Park, Illinois, Grundy County and Will County, Contract 2-24-033 project. The "Standard Specifications for Road and Bridge Construction," are hereinafter referred to as the “Standard Specifications”. The Standard Specifications and the Supplemental Specifications and Recurring Special Provisions can be purchased from the Illinois Department of Transportation (IDOT) or downloaded from the IDOT website.

The following Special Provisions amend the Standard Specifications and the Supplemental Specifications and Recurring Special Provisions. In the event of a conflict, the hierarchy in Article

105.05 of the Standard Specifications shall 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 hereinafter referred to as the Department. All references to the Department’s qualified producer list refers to the IDOT’s prequalified list.

The Invitation for Bids, issuance of Contract, Proposal Guarantee, Schedule of Bid Items, Signature Sheet, Opening of Bids, Acceptance of Bids, other bidding or contract requirements shall be in accordance with the policies and procedures of the Illinois Department of Natural Resources - Office of Reality and Capital Planning.

PREQUALIFICATIONS

The contractor shall be on the Illinois Department of Transportation (IDOT) pre-approved list.

BIDDING

Bids will be accepted by electronic submission on BidBuy only.

CONSTRUCTION START DATE

The Contractor shall begin construction to be performed under the contract as stated in the Construction Start Date paragraph of these Special Provisions.

FUNDING

This project is being funded with State funds by the Illinois Department of Natural Resources.

SPECIAL PROVISIONS

TABLE OF CONTENTS

GENERAL 7

DESCRIPTION OF PROJECT 7

LOCATION OF THE PROJECT 7

ABILITY OF CONTRACTOR TO COMPLETE WORK 7

RESPONSIBILITY OF THE CONTRACTOR 7

CONSTRUCTION START DATE 8

WORK COMPLETION DATE 8

CLOSE-OUT DOCUMENTS DATE 8

CONTRACT END DATE 8

PROGRESS AND LIQUIDATED DAMAGES 8

CERTIFIED PAYROLL 9

CONSTRUCTION MANDATORY MEETINGS 9

CONTRACT CLAIM 9

EMPLOYMENT OF PUBLIC WORKERS ON PUBLIC WORKS 10

EXISTING PAVEMENTS 10

FIELD ENGINEERING AND SURVEYING 10

MAINTENANCE OF EXISTING UTILITIES 11

OWNER OCCUPANCY 11

PREVAILING WAGE RATES 12

TEMPORARY CONTROLS 12

TRAFFIC CONTROL AND PROTECTION 13

STANDARD SPECIFICATIONS:

SECTION 101 - Definition of Terms 14 SECTION 107 - Legal Relations and Responsibility to the Public 14 SECTION 108 - Prosecution and Progress 15 SECTION 201 - Clearing, Tree Removal and Protection, Care 16 and Repair of Existing Plant Material

WEEKLY BEP TRUCKING REPORTS 16

AMENDMENT TO CHECK SHEET #4 IN THE RECURRING 17

OTHER SPECIAL PROVISIONS 18-27

COMPENSABLE DELAY COSTS 18

CONSTRUCTION AIR QUALITY 22

ILLINIOS WORKS APPRENTICESHIP INITIATIVE 24

SOURCE OF SUPPLY QUALITY REQUIREMENTS 25

SUBCONTRACTOR MOBILIZATION PAYMENTS 26

SUBMISSION OF PAYROLL RECORDS 27

IDNR PERMIT 28

ACOE PERMIT 32

ILLINOIS HISTORIC PRESERVATION 56

COMPREHENSIVE ENVIRONMENTAL REVIEW PROCESS 58

GENERAL

The following Special Provisions amend the "Standard Specifications for Road and Bridge Construction," adopted January 1, 2022, the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", and the "Manual of Test Procedures for Materials" in effect on the date of Invitation for Bids, and the Supplemental Specifications and Recurring Special Provisions indicated on the Check Sheet included herein which apply to and govern the construction of the “Illinois-Michigan Canal Spillway Repairs” project. In the event of a conflict with any part or parts of said Specifications, the hierarchy of contract documents in Article 105.05 in the Standard Specifications shall govern.

DESCRIPTION OF THE PROJECT

The Illinois-Michigan Canal Spillway Improvements project consists of constructing a cofferdam to remove existing stoplogs and stoplog supports and constructing new stoplog supports and installing new timber stoplogs, pedestrian traffic control and other associated work.

LOCATION OF THE PROJECT

The proposed Illinois-Michigan Canal Improvements project is located in the Illinois-Michigan Canal State Park in Grundy County and Will County of Illinois.

ABILITY OF CONTRACTOR TO COMPLETE WORK

The Contractor shall furnish the necessary labor, materials, tools, equipment and supervision to successfully complete all phases of the contract as described herein.

The Contractor shall perform all work indicated or implied in the Contract Documents. All work not specified but required to complete the project in a satisfactory manner, shall be performed by the Contractor. All items of work not listed in the Bid Items shall be considered as incidental work to the Contract and no additional compensation will be allowed. The project includes all incidental and collateral work required for the completion of the project in accordance with the requirements of the Contract Documents.

RESPONSIBILITY OF THE CONTRACTOR

It shall be the responsibility of the Contractor to visit the site in order to become fully acquainted with all the surrounding conditions pertaining to the project. The Contractor shall be responsible for obtaining all permits or Consents for Right of Entry from the property owners outside the limits of the Illinois-Michigan Canal State Park.

Any fees required for the procurement of other permits or right of entry which may be necessary shall be at no additional cost to the Department.

CONSTRUCTION START DATE

In Article 108.03 of the Standard Specifications, add the following:

The Construction Start date is 30 days after execution of contract, unless otherwise acceptable to the Engineer. After execution of the contract, the Contractor shall prepare and transmit submittals. Materials may be ordered after acceptance of the submittal. No construction will be allowed prior to the Construction Start date, unless otherwise acceptable to the Engineer. The Construction Start date shall be shown on the construction schedule.

WORK COMPLETION DATE

In addition to Article 108.05(a) of the Standard Specifications, the following shall apply:

The Contractor shall complete all work on or before the Work Completion Date. The Work Completion Date shall be October 6, 2026. The Work Completion Date shall be shown on the construction schedule.

Add to Article 101.55: "Additionally, the work shall include punch list, site cleaning and removal of equipment and excess materials."

CLOSE-OUT DOCUMENTS DATE

The Close-out Documents Date shall be 80 calendar days added to the Work Completion Date. All project close-out documents shall be completed by the Close-out Documents Date.

The Close-out Documents Date shall be shown on the construction schedule.

CONTRACT END DATE

The Contract End Date shall be May 21, 2027. The Contract End Date shall be shown on the construction schedule.

PROGRESS AND LIQUIDATED DAMAGES

If the work is not completed by the Work Completion Date, then the Department may assess liquidated damages in accordance with Article 108.09 of the Standard Specifications.

The final payment to the Contractor will be processed after all Close-out Documents have been reviewed and accepted. If the Project close-out documents are not completed by the Close-out Documents Date, then the Contractor may be liable to pay the Department $300.00 per calendar day as liquidated damages for failure to provide the close-out documents. The liquidated damages amount specified will accrue and be assessed until the close-out documents are complete.

CERTIFIED PAYROLL

The Contractor and all sub-contractors shall submit certified payroll records to the Illinois Department of Labor (IDOL) and to the Engineer. The payroll records shall include all workers employed by the contractors on the Project. Payroll records shall be submitted to the IDOL in IDOL format. The Contractor shall transmit a copy of the certified payroll in IDOL format with the IDOL transcript to the Engineer no later than the 15th day of each calendar month for the preceding month. See Submission of Payroll Records Special Provision.

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.

CONSTRUCTION MANDATORY MEETINGS

For project coordination, satisfactory Contractor performance, and clarification of the requirements of the Contract Documents inclusive of the Special Provisions, the following mandatory meetings shall be scheduled by the Engineer and shall include mandatory representation by the Engineer and Contractor:

1. Pre-construction meeting: Overall review of Project. Contractor shall submit a construction schedule during or prior to the pre-construction meeting.

2. Weekly progress meetings.

3. Prior to cofferdam installation and relocation.

CONTRACT CLAIM

In Article 109.09 (e) of the Standard Specifications:

1. Delete "Engineer of Construction" and insert "Project Manager".

2. Delete "Chief Engineer/Director of Highways or Designee" and insert "Manager, Office of Reality and Capital Planning, Division of Field Operations”.

Add to Article 109.09(e): "Each Level of the claim shall be submitted to the Project Manager.

Two paper copies and one electronic copy shall be transmitted to the Project Manager.

Department or Contractor may request an opportunity to present the claim verbally at each level if the claim has not been satisfactorily resolved at the previous level."

In Article 109.09(e)(1): Delete in the third line, "simultaneously to the District and the Engineer of Construction" and insert "to the Project Manager".

In Article 109.09(e)(1): Delete in the fourth line, "in consultation with the District".

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.

EXISTING PAVEMENTS AND TRAILS

Existing on-site trails may be used by construction traffic. The Contractor may request additional temporary access when needed with the route acceptable to the Site Superintendent. The Contractor shall maintain and clean existing roads and trails throughout construction and restore roads and trails to original or better condition at completion of work at each site.

FIELD ENGINEERING AND SURVEYING

Requirements Include:

The Contractor shall furnish all field engineering and surveying services required for the project, including:

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

2. Survey work required in execution of the construction.

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

Survey Reference Points:

No existing horizontal and vertical control points for the project are identified in the plans for the Contractor's use. The Contractor shall locate the stoplog supports using the existing concrete abutments, piers, and slope walls reference points during construction.

Project Survey Requirement:

No benchmarks are identified in the plans. The Contractor shall establish construction limits, lines, levels, and stoplog elevations and lay-out by instrumentation and similar appropriate means for all site improvements. The stoplog seat shall be level. The height of each set of stoplogs shall be measured and recorded at each end and midspan of each set of stoplogs.

The Engineer may verify the layouts.

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. All records shall be submitted to the Engineer as the records shall become the property of the Department.

Measurement and Payment:

This work will be paid at the contract lump sum price for CONSTRUCTION STAKING.

MAINTENANCE OF EXISTING UTILITIES

The Contractor shall be responsible for interference with or damage to any existing utilities, such as water mains, sewers, gas mains, cable, conduit, etc., and shall repair or replace same at the Contractor's expense and with the least possible delay. The Contractor shall give prior notification to the utility companies of his intention to begin work. The Contractor shall call J.U.L.I.E. at 1-800-892-0123 to mark the location of underground utilities (48 hours prior to commencing the work). The Contractor shall host a joint meeting that includes the Landowner and the Engineer. The requirements to satisfy the conditions stated herein shall be included in all other pay items.

OWNER OCCUPANCY

The Department’s Park staff will occupy premises during the construction period to conduct normal operations. The Contractor shall cooperate with Department’s Park staff in scheduling operations to minimize conflict and to facilitate the Park stall normal operations.

PREVAILING WAGE RATES

The Contractor and subcontractors shall comply with State prevailing wage rates.

This contract or agreement calls for the construction of a public works within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 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 for 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.illinois.gov/idol/laws/rules-conmed/pages/rates.aspx. IDOL revises the prevailing wage rates and the Contractor and subcontractors have 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 IDOL's website. All contractors and subcontractors rendering services under this contract shall comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

TEMPORARY CONTROLS

A. 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.

B. 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.

The Contractor shall prevent harmful substances from entering public or private waters. If treatment of acid water is determined necessary by the Engineer and it is not specified within these special provisions, any water treated will be paid for in accordance with Article

109.04 of the Standard Specifications. The Contractor is liable for restoration of water quality and aquatic life if adversely affected by his/her actions. The Contractor shall maintain all such systems throughout the duration of the Project.

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

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

TRAFFIC CONTROL AND PROTECTION

Description:

This work shall consist of the furnishing, installation, maintenance, relocation, and removal of work zone traffic control and protection in accordance with Section 701 of the Standard Specifications, as specified herein and in the plans, and as directed by the Engineer.

Access and Staging Area:

Access to the work areas is provided by internal park trails shown in the plans. Construction traffic shall enter and exit the work areas at the location shown in the plans. Any damage to sidewalks, trails, storage areas or parking areas shall be repaired by the Contractor at no additional cost to the Department.

Contractor’s vehicles, equipment and materials shall be stored in areas acceptable to the Site Superintendent. The Contractor shall submit the staging areas to the Site Superintendent. Any damage shall be restored to a condition equal to or better than the existing condition and to the satisfaction of the Engineer at no additional cost to the Department.

The Contractor shall not park any vehicles or block traffic on the public roadway. The Contractor shall provide appropriate Illinois Department of Transportation (IDOT) signage for vehicles leaving and entering the access locations. All public roadways shall be kept clean of all debris from the work site, and all posted weight limits shall be respected.

Damage to existing roadways, parking lots and detour areas as a result of Contractor activity shall be repaired at no additional cost to the Department in accordance with standards set by the applicable roadway authority and as directed by the Engineer.

Public Convenience and Safety:

In addition to the requirements of Article 107.09 of the Standard Specifications, the Contractor shall place the Type III barricades at the entrance of the access when not being used by construction traffic. Type II barricades with trail closed signage shall be placed and maintained on the trail. Interference with traffic movements and inconvenience to owners of abutting property and public shall be kept to a minimum. Any delays or inconveniences to the Contractor by complying with these requirements shall be considered as incidental to the contract, and no additional compensation shall be allowed. During all construction operations, the Contractor shall be required to provide, install, and maintain proper signage and barricades as necessary for safe traffic control.

The Contractor shall not be allowed to close any street to local traffic without the prior approval of the Engineer. The Contractor shall be required to provide all warning signs, barricades, traffic cones, flagmen and other appurtenances as the Engineer deems necessary to guarantee the safety of motorists and pedestrians for the duration of the project.

The Contractor shall restore the access and staging area to their original condition and grade to the satisfaction of the Engineer, and the Contractor shall remove all temporary traffic control devices at the completion of construction.

Method of Measurement:

This item of work will be measured as lump sum.

Basis of Payment:

This work will be paid for at the contract lump sum price for TRAFFIC CONTROL AND

PROTECTION, SPECIAL.

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

Whenever in the contract documents the following terms are used, the intent of meaning shall be interpreted as follows:

Article 101.14 Department - (revise as indicated)

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

Article 101.16 Engineer - (revise as indicated)

The Manager, Office of Reality and Capital Planning, Division of Field Operations of the Illinois Department of Natural Resources, or the Manager’s authorized representative limited by the particular duties entrusted to that person.

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. Slope limits of embankments will be replaced by proposed lines and grades.

Article 101.56 Site Superintendent - (add the following)

The Site Superintendent is limited to the particular duties entrusted to that person.

STANDARD SPECIFICATIONS SECTION 107: LEGAL RELATIONS AND RESPONSIBILITY TO

THE PUBLIC - (revise and add the following articles as indicated)

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, 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 area for construction. The Engineer will not grant permission to enter the property owned by others.

Article 107.27 Insurance - (add the following)

All references to Sections or Articles in this specification shall be construed to mean specific Section or Article of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation.

The Contractor shall name the following entities as additional insured under the Contractor’s general liability insurance policy in accordance with Article 107.27:

1. No additional insured required.

The entities listed above and their officers, employees, and agents shall be indemnified and held harmless in accordance with Article 107.26 of the Standard Specifications.

Article 107.15 Dirt on Pavement or Structures – (add the following)

If the Contractor fails to clean the surface any local street, highway, or parking lot area to the satisfaction of the Engineer at any time during the contract, the Engineer will notify the Contractor at which time the Contractor shall have 24 hours to begin cleaning the pavement to the satisfaction of the Engineer. If the Contractor fails to begin cleaning the pavement within 24 hours, an amount of $1,000.00 per day will be deducted from any monies due the Contractor until the surface is cleaned to the satisfaction of the Engineer. The requirements to satisfy the conditions stated herein shall be included in all other pay items.

Article 107.36 Dust Control – (add the following)

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.

STANDARD SPECIFICATIONS 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.

The appropriation for the State's current fiscal year, from which the cost of this contract will be paid, will lapse at the end of the fiscal year, which is June 30. Continuation of this contract into the State's next fiscal year will be contingent upon the Illinois General Assembly re-appropriating funds for this contract. If funds are not re-appropriated, this contract will be suspended or terminated on or before the appropriation lapse date.

STANDARD SPECIFICATIONS SECTION 201: CLEARING, TREE REMOVAL AND

PROTECTION, CARE AND REPAIR OF EXISTING PLANT MATERIAL - (revise or 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 work area to an approved landfill off-site. No burning shall be allowed on the project site.

(g) Tree Pruning. Tree pruning may be necessary for safety and equipment clearance.

Prior to tree pruning, the Contractor shall indicate tree pruning to the Site Superintendent. Tree pruning shall be acceptable to the Site Superintendent. The pruned debris shall be removed from the site by the Contractor.

Article 201.10 Method of Measurement (revise the following)

(c) (3) Pruning for safety and equipment clearance will not be measured for payment.

The cost shall be included in other pay items.

WEEKLY BEP TRUCKING REPORTS

The Contractor shall submit a weekly report of Business Enterprise Program (BEP) trucks hired by the Contractor or subcontractors (i.e. not owned by the Contractor or subcontractors) that are used for BEP goal credit.

The report shall be submitted to the Engineer on a form provided by the Department within ten business days following the reporting period. The reporting period shall be Sunday through Saturday for each week reportable trucking activities occur.

Any costs associated with providing weekly BEP trucking reports shall be considered as included in the contract unit prices bid for the various items of work involved and no additional compensation will be allowed.

AMENDMENT TO CHECK SHEET #4 IN THE RECURRING SPECIAL PROVISIONS

In Check Sheet #4 of the Recurring Special Provisions, Paragraph 9.b shall be deleted in its entirety, and the following shall be inserted as Paragraph 9.b:

"Business Enterprise Program (BEP) and Veteran Business Program (VBP) as defined by the Department of Central Management Services shall have equal opportunity to compete for and perform subcontracts which the Contractor enters into pursuant to this contract. The Contractor shall use best efforts to solicit bids and to utilize BEP and VBP subcontractors."