city of aurora Well_119_Maintenance___Rehabilitation_(Addendum__2_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/aurorail

City of Aurora, IL

WELL 119 MAINTENANCE & REHABILITATION

26-034

RELEASE DATE: May 11, 2026

DEADLINE FOR QUESTIONS: May 20, 2026

RESPONSE DEADLINE: May 29, 2026, 11:00 am

Please refer to the project timeline in this document for all important deadlines.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/aurorail

Invitation For Bid #26-034

Title: Well 119 Maintenance & Rehabilitation

Table Of Contents

1. INSTRUCTIONS TO BIDDERS

2. GENERAL REQUIREMENTS

3. CITY OF AURORA GENERAL SPECIFICATIONS

4. SPECIAL PROVISION FOR EMPLOYMENT PRACTICES

5. SCOPE OF WORK

6. PRICING TABLE

7. VENDOR SUBMISSIONS

Attachments:

A - Well 119 Project Manual - Final 5-1-26

INSTRUCTIONS TO BIDDERS

1. SUMMARY

The City of Aurora is seeking qualified well equipment and maintenance contractors to provide all labor, materials, transportation, tools, supplies, equipment, and appurtenances necessary to complete the satisfactory rehabilitation of existing Well 119 for the Water Production Division.

2. TIMELINE

Release Project Date: May 11, 2026

Pre-Proposal Meeting (Non-Mandatory): May 18, 2026, 11:00am

119 S. Constitution Drive

Question Submission Deadline: May 20, 2026, 11:00am

Question Response Deadline: May 22, 2026, 11:00am

Response Submission Deadline: May 29, 2026, 11:00am

3. ACCEPTANCE OF BID PROPOSALS

a. Bidders intending to respond to this opportunity must create a FREE account with OpenGov by signing up at https://procurement.opengov.com/signup. This step is necessary to establish a communication link with the City. The Bidder, not the City, is responsible for obtaining any addenda to the original specification. Addenda and other relevant information will be posted on the City’s E Procurement

System. Addenda notifications will be emailed to all persons on record as following this Bid. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid proposal as submitted. All addenda so issued shall become part of the contract documents.

Paper submissions will not be accepted.

b. Bids may be received up to, but no later than the designated date and time as specified via the City’s E

Procurement System, OpenGov. The City’s E Procurement System Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of

Aurora strongly recommends completing your responses well ahead of time. All bids shall have provided all requested information, and submitted all appropriate forms, certificates, affidavits and addendum acknowledgements in order to be considered responsive.

c. Bids must be submitted on the forms provided and all information and certifications called for must be furnished. Bids submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Bids may be modified or withdrawn prior to the time specified for the opening of bids through the City’s E Procurement System. Bids shall be filled out legibly in ink or type-written with all erasures, strikeovers and corrections initialed in ink by the person signing the bid.

The bid shall include the legal name of the bidder, the complete mailing address, and be signed in ink by a person or persons legally authorized to bind the bidder to a Bid. Name of person signing should be typed or printed below the signature.

d. The City of Aurora reserves the right at any time and for any reason to accept or reject any or all Bids or portion thereof, or accept an alternate bid. The City reserves the right to waive any immaterial defect in any bid, or technicality, informality or irregularity in the bids received, and to disregard all nonconforming or conditional bids or counter-proposals. Unless otherwise specified by the bidder or the

City, the City reserves the right to hold the best bids for ninety (90) days from the opening date. Bidder agrees to accept a notice of award, if selected, based on the terms of this Bid Proposal in the event that a notification of award is received on or before expiration of the 90-day time period. The City reserves the right to cancel the Bid Proposal at any time, without liability for any loss, damage, cost or expense incurred or suffered by any Bidder as a result of that cancellation. Each Bidder is solely responsible for the risk and cost of preparing and submitting a Bid Proposal.

e. Although price is a consideration, qualifications and experience, capacity to handle the work, and response to the bid, will also be considered. No Bid Proposal will be considered unless the Bidder shall furnish evidence satisfactory to the City that they have the necessary facilities, abilities, experience, equipment, and financial and physical resources available to fulfill the conditions of the Bid and execute the Work should the Bid be awarded to them. Bid Proposal documents which are not responsive to the requirements herein may not be considered by the City for an award of the Bid.

The Bid will be awarded to the lowest responsive responsible Bidder. In determining the responsibility of any Bidder, the City may take into account other factors such as past records of its or other entities transactions with the Bidder, experience, ability to work cooperatively with the City and its staff, adequacy of equipment, ability to complete performance within necessary time limits, and other pertinent considerations such as, but not limited to, reliability, reputation, competency, skill, efficiency, facilities and resources.

The Bidder will be awarded in the City’s best interests based on these and other legally-allowable considerations. The City and its representatives and agents may make any investigations deemed necessary to determine the ability of the Bidder to perform the Work. The Bidder shall furnish any information and data requested by the City for this purpose.

4. RECEIPT OF BID PROPOSALS

1. Bids must be submitted electronically, up to, but no later than the designated date and time as specified via the City’s E Procurement System, OpenGov. It is the sole responsibility of the Bidder to see that their Bid Proposal is received in the proper time.

2. Bids must be submitted electronically via the City’s E Procurement System. There will be no exceptions!

5. WITHDRAWAL OF BID PROPOSALS

Bids may be withdrawn or modified electronically through the City’s e-Procurement System at any time prior to the deadline for bid submission. To revise a previously submitted bid, the Bidder must withdraw (“un-submit”) the original submission in OpenGov and resubmit the revised bid prior to the established submission deadline.

Bidders are solely responsible for verifying the accuracy and completeness of their submissions prior to final submission. Negligence on the part of the Bidder in preparing its bid shall not confer any right to withdraw or modify the bid after the official bid opening.

No bid may be withdrawn after the bid opening without the written approval of the Director of Purchasing.

Requests for withdrawal must be submitted in writing and signed by an individual authorized to bind the

Bidder.

Bids received after the date and time specified for submission will not be opened or considered.

6. BID DEPOSIT

Each Bidder shall deposit with Bid a Bid guarantee consisting of a bank draft, Bid bond, cashier’s check, or certified check drawn on a good and solvent National or State Bank and payable to the order of the City, in an amount not less than ten percent (10%) of the total amount of the Bid submitted, as a guaranty that in case the

Bidder’s Bid is accepted, the Bidder shall within one day after the date of such acceptance and notification thereof, deliver to the City a contract signed and executed by the Bidder, proper insurance certificates and a

Performance and Payment Bond in one hundred percent (100%) of the contract sum furnished by a responsible bonding company acceptable to and written upon forms prepared or approved by the City as security for payment of labor and materials and for the faithful performance of the contract and compliance with the provisions of law relating to the payment of prevailing rate of wages. Bid Deposit MUST be uploaded electronically with submission through the City’s E Procurement System, OpenGov. Upon notification from the City, Bidder’s must deliver

ORIGINAL Bid Deposit within three (3) business days. All Bid deposits will be retained by the City until a Bid award is made, at which time the Bid deposit will be promptly returned to the unsuccessful Bidders. The Bid deposit of the successful Bidder will be retained until the equipment, goods or services have been received or completed and found to be in compliance with the specifications. Performance by the Bidder shall not be considered complete, until final inspection and acceptance by the City of the Bidder’s Work. Final inspection shall occur within 30 days after the actual completion of the Work. Execution of the contract is contingent upon receipt of an acceptable Performance and Payment Bond and any required certificates of insurance. Upon failure to meet the requirements of this paragraph, the Bidder shall forfeit the amount deposited as liquidated damages and no mistakes or errors on the part of the Bidder shall excuse the Bidder or entitle him to a return of the aforementioned amount.

7. AWARD

It is the intent of the City to award the contract to the lowest responsive and responsible Bidder meeting all specifications and requirements of this Invitation to Bid.

In determining responsiveness and responsibility, the City may consider factors including, but not limited to:

(a) Compliance with all terms, conditions, and specifications of the Invitation to Bid;

(b) Bid price;

(c) Qualifications of the Bidder, including demonstrated experience with municipal well maintenance and rehabilitation projects, past performance, financial stability, technical capability, personnel qualifications, and available equipment and resources;

(d) Ability to complete the work within the required project schedule;

(e) Quality of proposed materials, equipment, and methods of performance; and

(f) Warranty provisions and long-term serviceability.

Any bid that modifies, limits, restricts, or conditions the requirements of this Invitation to Bid may be deemed non-responsive and rejected by the City.

The City reserves the right to reject any or all bids and to delete, modify, or omit any portion of the work when determined to be in the best interest of the City.

8. PRICES

The price quoted for each item is the full purchase price, including delivery to destination and includes all transportation and handling charges, premiums on bonds, material or service costs and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the duration of the purchase.

Unit prices shall not include any local, state or federal taxes. In case of mistake in extension of price, unit price shall govern.

9. DISCOUNTS

Bid prices shall be submitted as net prices and shall include all labor, materials, equipment, transportation, permits, supervision, overhead, profit, and all other costs necessary to complete the work as specified.

Any prompt payment discounts offered by the Bidder shall apply only after receipt by the City of a complete and accurate invoice and final acceptance of the work, unless otherwise specified in the Contract Documents.

10. TAXES

The City of Aurora is exempt, by law, from paying State and City Retailer’s Occupation Tax, State Service

Occupation Tax, State Use Tax and Federal Excise Tax (per Illinois Revised Statutes, Chapter 120, Paragraph

44) upon City works and purchases. The City of Aurora’s Sales Tax Exemption Number is E9996-0842-07.

11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

Bidders shall promptly notify the City of any ambiguity, inconsistency of error which they may discover upon examination of the bidding documents. Interpretations, corrections and changes will be made by addendum.

Each bidder shall ascertain prior to submitting a bid that all addenda have been received and acknowledged in the bid.

12. SIGNATURES

Bid Proposals must be signed by the Bidder with his/her usual signature. Bid Proposals by partnerships must be signed with the partnership name by all members of the partnership, or an authorized representative, followed by the signature and title of the person signing. Bid Proposals by corporations must be signed with the name of the corporation, followed by the signature and title of the person authorized to bind it in the matter.

When a corporation submits a Bid Proposal, its agent must present legal evidence that he has lawful authority to sign said Bid Proposal and that the corporation has a legal existence. In the event that any corporation organized and doing business under the laws of any foreign state is the successful Bidder, such corporation must present evidence before any Bid is executed that it is authorized to do business in the State of Illinois. Bidders by corporations must be executed in the corporate name by the President or a Vice President (or other corporate officer accompanied by evidence of authority to sign), and the signature must be attested by the Secretary or an

Assistant Secretary, along with the corporate seal. The corporate address and state of incorporation must be shown below the signature. Bid Proposals by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. Any corrections to entries made on the Bid Proposal forms shall be initialed by the person signing the Bid Proposal. When requested by the City, satisfactory evidence of the authority of any signature on behalf of the Bidder shall be furnished.

13. DEMONSTRATIONS

The City reserves the right to require any Bidder to provide additional technical information, documentation, or demonstrations of proposed equipment, methods, or procedures if deemed necessary to evaluate the Bidder’s qualifications, operational capabilities, or compliance with the specifications of this Invitation to Bid.

Any such demonstration or presentation shall be conducted at a time and location mutually agreed upon by the

Bidder and designated City personnel.

14. REFERENCES

Bidders shall provide references for comparable municipal and/or private sector well maintenance, rehabilitation, redevelopment, or related water production projects completed within the past five (5) years.

Reference information shall include the client or agency name, contact person, telephone number, project description, contract amount, and date of project completion.

As a condition of contract award, the City reserves the right to conduct background investigations of the

Bidder’s principals and any personnel assigned to perform work under this contract. The Bidder shall fully cooperate with City personnel and shall provide all information reasonably requested to facilitate such investigation.

Based upon the results of such investigation, the City reserves the right to determine bidder responsibility, reject any bid, disqualify any Bidder, or terminate any contract award if determined to be in the best interest of the

City.

15. ELIGIBILITY

The Bidder certifies, by submission of this bid, that it is not barred from bidding on this contract as a result of a violation of Article 33E of the Illinois Criminal Code of 2012, as amended (720 ILCS 5/33E-1 et seq.).

16. DATA

Bidders shall submit complete technical literature, specifications, equipment data, product information, and supporting documentation for all materials, equipment, methods, and services proposed for use in the rehabilitation of Well 119.

All submitted documentation shall be sufficient to enable the City to evaluate compliance with the requirements and technical specifications of this Invitation to Bid.

17. QUESTIONS

Bidders shall submit all inquiries, including requests for alternates or substitutions regarding this bid, up to, but no later than the designated date and time as specified via the City’s E Procurement System, OpenGov.

All answers to inquiries will be posted on the City’s E Procurement System. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted.

No questions will be accepted or answered verbally.

No questions will be accepted or answered after the cut-off date/time.

It is the responsibility of the interested bidder to ensure they have received addenda, if any issued.

18. Illinois Freedom of Information Act

Illinois Freedom of Information Act.

The Bidder acknowledges the requirements of the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/1 et seq., and agrees to cooperate fully with the City of Aurora in responding to requests for public records, as defined in Section 2(c) of FOIA, that are in the Bidder’s possession or control and directly related to this solicitation or any resulting contract.

Upon request by the City, the Bidder shall provide such records within two (2) business days, or within such other timeframe as may be necessary to permit the City to comply with applicable law.

The Bidder further agrees to indemnify, defend, and hold harmless the City of Aurora, its officers, employees, and agents from and against any claims, damages, penalties, losses, costs, and expenses, including reasonable attorney’s fees and court costs, arising from the Bidder’s failure to timely provide records as required under this provision.

GENERAL REQUIREMENTS

1. SECTION 1 - DEFINITION OF TERMS

1.1 ADVERTISEMENT The word Advertisement shall mean and refer to the official notice as published in the City of Aurora, Illinois, electronic bidding platform inviting bids for the construction of this improvement.

1.2 A.S.T.M. Wherever the letters A.S.T.M. are herein used, they shall be understood to mean the American

Society of Testing Materials.

1.3 ATTORNEY Wherever the word Attorney is used in these specifications or in the contract, it shall be understood to mean the Corporation Counsel of the City or designee.

1.4 BIDDER Wherever the word Bidder is used, it shall be understood to mean the individual, firm, or corporation formally submitting a proposal for the work contemplated, or any portion thereof, acting directly or through an authorized representative.

1.5 BOARD Wherever the word Board or a pronoun in the place of it occurs in these specifications, it shall be interpreted to mean the Board of Local Improvements of the City of Aurora, Illinois, and any of its authorized representatives provided, however, that such persons shall be understood to represent said Board to the extent of the special duties delegated to such representatives.

1.6 CITY CLERK Wherever the term City Clerk is used herein, it shall be understood to mean the City Clerk of the City of Aurora, Illinois.

1.7 CITY COUNCIL OR COUNCIL Wherever the term City Council, or Council, appears in these specifications it shall be taken to mean the City Council of the City of Aurora, Illinois.

1.8 CONTRACT The term Contract shall be understood to mean the agreement covering the performance of the work covered by these general specifications, including the advertisement for bids, instructions to bidders, bid proposal, performance bond, these general specifications, supplemental specifications, special provisions, general and detailed Plans for the work, standard specifications referred to in the special provisions, all supplemental agreements entered into and all general provisions pertaining to the work or materials thereof, all of which are collectively referred to as the “Contract Documents”. BID NO. 26-034 00700-2 CITY OF

AURORA GENERAL SPECIFICATIONS

1.9 CONTRACTOR Wherever the word Contractor occurs in these specifications, it shall be interpreted to mean the person or persons, firm, or corporation who submits a proposal and thereafter enters into the contract governed by these specifications as party or parties of the second part, and the agents, employees, workmen, heirs, executors, administrators, successors, or assignees thereof.

1.10 ENGINEER Wherever the word Engineer is used in these specifications, it shall be interpreted to mean the City Engineer or his designee charged with directing and having charge of a portion of the project limited by the particular duties entrusted to him.

1.11 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES The MANUAL ON UNIFORM

TRAFFIC CONTROL DEVICES, latest edition, as adopted by the United States Department of Transportation

Federal Highway Administration.

1.12 PAYMENT BOND The term Payment Bond shall be understood to mean the bond executed by the

Contractor and his surety guaranteeing the payment of all sums of money due for any labor, materials, apparatus, fixtures, or machinery furnished to such principal for the purpose of performing the contract work.

1.13 PERFORMANCE BOND The term Performance Bond shall be understood to mean the bond, executed by the Contractor and his surety, guaranteeing complete execution of the contract.

1.14 PLANS Wherever the word Plans is used in these specifications, it shall be understood to mean all drawings, sketches, and detailed Plans or reproductions thereof pertaining to the construction involved.

1.15 PROPOSAL Wherever the word Proposal is used, it shall be taken to mean the written proposal of the bidder on the form furnished for the work contemplated.

1.16 PROPOSAL GUARANTY The term Proposal Guaranty shall be understood to mean the security designated in the Advertisement for Bids or Notice to Contractors to be furnished by the bidder as a guaranty of good faith to enter into a contract for the work contemplated

1.17 SPECIFICATIONS Wherever the word Specifications is used it shall be understood to include all directions and requirements contained herein or referred to hereby, together with all special provisions and written agreements made or to be made pertaining to the work involved. All articles referred to in BID NO. 26-

034 00700-3 CITY OF AURORA GENERAL SPECIFICATIONS these general specifications when not qualified otherwise than by numbers, shall be understood to be articles from these general specifications.

1.18 STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION The STANDARD

SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, latest edition, prepared by the Illinois

Department of Transportation and adopted by said Department.

1.19 STANDARD SPECIFICATIONS FOR SEWER AND WATER MAIN CONSTRUCTION The

STANDARD SPECIFICATIONS FOR SEWER AND WATER MAIN CONSTRUCTION, latest edition, as adopted by the Illinois Society of Professional Engineers.

1.20 STANDARD SPECIFICATIONS FOR TRAFFIC CONTROL ITEMS The STANDARD TRAFFIC

SIGNAL SPECIFICATIONS, latest edition, as adopted by the Illinois Department of Transportation.

1.21 STATE Wherever the word State is used herein, it shall mean the State of Illinois.

1.22 SURETY The word Surety shall be understood to mean the individuals who are, or the corporate body which is bound with and for the Contractor for the acceptable performance of the contract, and for his payment of all debts pertaining to the work.

1.23 WORK Wherever the word “Work” is used, it shall mean the work including all materials, labor, tools, appliances, equipment, and appurtenance necessary and incidental thereto to perform and complete everything specified or implied in the Plans, specifications, and in the contract documents, in full compliance with all the terms and conditions thereof and in a good and workmanlike manner.

2. SECTION 2 - AWARD AND EXECUTION OF CONTRACT

2.1 AWARD OF CONTRACT The decision of the award of the contract will be made as may be decided upon by the Council after bids have been opened and tabulated. The Contract shall be governed by the laws of the

State of Illinois. No contract shall provide for arbitration of the parties.

2.2 FAILURE TO EXECUTE CONTRACT In the event that said bidder fails or refuses to execute said contract and furnish said bonds within the period of five (5) days after mailing notice of such award or within such additional number of BID NO. 26-034 00700-4 CITY OF AURORA GENERAL SPECIFICATIONS days as the City may determine, then the sum deposited as a proposal guaranty by said bidder on the work so awarded may be retained by the City as liquidated damages and not a forfeiture. It is hereby agreed that said sum is a fair estimate of the amount of damages that the City will sustain in case said bidder fails to enter into the contract and furnish bonds as herein provided, said actual damages being uncertain in amount and difficult to determine in the event of such failure or refusal by the bidder.

2.3 VENUE FOR LEGAL ACTION The venue for any legal action that may arise from this agreement shall be in Kane County, Illinois.

2.4 WAIVER OF TRIAL BY JURY The Contractor agrees to waive trial by jury for itself and all of its contracts with sub-Contractors shall contain a provision waiving trial by jury in the event of any legal action which may arise from this agreement with the City of Aurora as a party litigant.

3. SECTION 3 - SCOPE OF THE WORK

3.1 INTENT OF PLANS AND SPECIFICATIONS The true intent of the Plans and these specifications is to provide for the erection and completion in every detail of the work described herein, and it is understood that the Contractor will furnish all labor, materials, equipment, tools, transportation, and necessary supplies, such as may reasonably be required to execute the contract in a satisfactory and workmanlike manner and in accordance with the Plans, specifications, and terms of the contract. Both parties must stipulate any deviation from these requirements in writing.

3.2 SPECIAL WORK Should any construction conditions which are not covered by the Plans and these specifications be anticipated or encountered during construction, Supplemental Specifications for such work will be prepared by the Engineer and shall be considered a part of these specifications, the same as though contained fully herein.

3.3 INCREASED OR DECREASED QUANTITIES The right is reserved, without impairing the contract, to make such increase or decrease in the quantities of the work as may be considered necessary to complete fully and satisfactorily the work included in the contract. The compensation to the Contractor for such changes shall be adjusted as provided herein. 3.4 ALTERATIONS IN PLANS AND SPECIFICATIONS The City reserves the right to make such changes in the Plans and in the character of the work as may be necessary or desirable to ensure completion in the most satisfactory manner, provided such changes do not materially alter the original

Plans and specifications. Such changes shall not be considered as waiving or invalidating any conditions or provisions of the contract. BID NO. 26-034 00700-5 CITY OF AURORA GENERAL SPECIFICATIONS

3.5 EXTRA WORK The City reserves the right, without impairing the contract, to order the performance of such work, of a class not contemplated in the proposal as may be considered necessary to complete fully and satisfactorily the work included in the contract. The Contractor shall do such extra work when ordered and authorized in writing by the Engineer, and the Contractor shall be compensated for such extra work on the basis and in the amount as provided herein.

3.6 EASEMENTS, PERMITS, AND REGULATIONS The Contractor shall keep himself fully informed of all Federal, State, Municipal and local regulations, private contracts, grants, easements, and permits, in any manner affecting the work herein specified and provided for. He shall at all times observe and comply with and cause all his Subcontractors, agents, and employees to observe and comply with each and all of the same. The

Contractor does hereby assume any and all liability under the same and shall protect and indemnify the City and its officers and employees against any and all claims or liabilities arising from or based on the violation of, or failure to comply with either or all of the same.

3.7 FINAL CLEANING UP Upon completion and before final acceptance of the work, the Contractor shall, in addition to the detailed work of grading, restoring ground surfaces, repairing roadways and pavements, and all other work specifically provided for in these specifications, remove all falsework, excess or useless excavated materials, rejected materials, rubbish, temporary buildings, temporary foundations, replace or renew any fences damaged, and restore in an acceptable manner all property, both public and private, which may have been damaged during the prosecution of the work, and shall leave the site of the work in a neat and presentable condition satisfactory to the Engineer.

4. SECTION 4 - CONTROL OF THE WORK

4.1 AUTHORITY OF THE ENGINEER The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, and shall decide all questions which may arise as to the interpretation of the

Plans and specifications, and all questions as to the acceptable fulfillment of the terms of the contract.

4.2 PLANS AND WORKING DRAWINGS General drawings, showing such details as are necessary to give a comprehensive idea of the construction contemplated, will be shown in the general Plans, but the Contractor shall submit to the Engineer for approval such additional detailed shop drawings or working drawings, together with a detailed structural analysis of all component parts, as may be required for the construction of any part of the work and prior to the approval of such Plans, any work done or material ordered shall be at the Contractor's risk. The contract price shall include the cost of furnishing all working drawings and the Contractor will be allowed no extra compensation for such drawings.

4.3 DEVIATIONS FROM THE PLANS BID NO. 26-034 00700-6 CITY OF AURORA GENERAL

SPECIFICATIONS No deviation from the general Plans or the approved working drawings will be permitted without the written order of the Engineer. No allowance shall be made for work done other than is shown on the

Plans, profiles and drawings, and provided for in the specifications.

4.4 COORDINATION OF SPECIFICATIONS AND PLANS In the event of any discrepancy between the

Plans and figures written thereon, the figures are to be considered as correct. In the case of any discrepancy between the Plans and the specifications, the Engineer shall determine which are to govern. If there is a discrepancy between the general specifications and the supplemental specifications, the supplemental specifications are to govern. The Contractor shall take no advantage of any apparent error or omission in the

Plans or specifications, but the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Plans and specifications.

4.5 ORDER OF WORK The order of sequence of the execution and/or conduct of the work shall be subject to the approval and/or direction of the Engineer, which approval and/or direction shall not in any way relieve the

Contractor of any responsibility in connection with the prosecution to completion of the work under contract.

4.6 COOPERATION BY CONTRACTOR The Contractor shall conduct his operation so as to interfere as little as possible with those of other Contractors, Subcontractors, the public, or adjoining property owners on or near the work site. The Contractor shall at all times during his absence from the work site have a competent superintendent or foreman capable of reading and thoroughly understanding the Plans and specifications, as his agent on the work, who shall receive instructions from the Engineer or his authorized representative. The superintendent or foreman shall have full authority to execute the order and/or directions of the Engineer without delay and to promptly supply such materials, tools, plant equipment, and labor as may be required. The superintendent or foreman shall have a copy of the Plans and specifications on the job at all time.

4.7 CONSTRUCTION STAKES Reference lines and grade points for the location, alignment, and elevation of each structure will be determined and established by the Engineer, but the Contractor shall assume full responsibility for the alignment, elevations, and dimensions of each and all parts of the work with reference to the lines, points, and grades as established by the Engineer. For all structures, the Engineer shall furnish the

Contractor with centerline and/or center points and such benchmarks or other points as are necessary to lay out the work correctly. The Contractor shall check all lines, points, and grades which may be given by the Engineer supplementary to the centerline, points, and control bench marks aforesaid, and shall be responsible for the accuracy of all measurements for grades and alignment of the work with reference to the centerline and/or points and bench marks established by the Engineer. The Contractor shall exercise proper care in the preservation of alignment, grade, and reference BID NO. 26-034 00700-7 CITY OF AURORA GENERAL

SPECIFICATIONS stakes set for his use, or that of the Engineer. If such stakes are injured, lost, or removed by the Contractor's operations, they shall be reset at his expense.

4.8 INSPECTION The Engineer or his representative shall be allowed access to all parts of the work at all times and shall be furnished such information and assistance by the Contractor as may be required to make a complete and detailed inspection thereof. Such inspection may include mill, plant, or shop inspection and any material furnished under these specifications is subject to such inspection.

5. SECTION 5 - CONTROL OF MATERIALS

5.1 SPECIFICATIONS FOR MATERIALS All materials used in this work shall conform in all respects to the specifications therefore as herein set forth. Where a specification for material to be used in this work is not specifically set forth in these specifications, such material shall conform in all respects to the specifications as set forth in the A.S.T.M. Standards and/or Tentative Standards adopted and in effect on the date of receiving bids.

5.2 SUBSTITUTION OF MATERIALS AND EQUIPMENT Wherever in these specifications or on the

Plans for this work, materials or equipment are specified by trade names or catalog numbers of certain manufacturers, it is done for the purpose of establishing a standard of quality, durability, and/or efficiency, and not for any purpose of limiting competition. Wherever such definite reference is made in these specifications to any such material or equipment, is understood that any equivalent material or equipment may be provided, however, that the written approval and acceptance of the Engineer of such equivalent material or equipment must be obtained prior to its purchase and/or incorporation in any part of the work.

5.3 THE METHODS OF TESTING All tests of materials or equipment used in the work shall be made in accordance with the methods described in these specifications or the method of test prescribed in any specification for material or equipment herein specifically referred to and designated to govern the quality of any material or equipment. Where a method of test for any material or equipment is not specifically provided for, such material or equipment shall be tested in accordance with the methods prescribed and set forth in the

A.S.T.M. Standards and Tentative Standards adopted and in effect on the date of receiving bids.

5.4 DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the work by the Contractor at his expense unless otherwise permitted by the Engineer. No rejected materials, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to immediately comply with any order of the Engineer relative to the provisions of this section, the Engineer shall have the authority to remove and replace such defective material and to deduct the cost of BID NO. 26-034 00700-8 CITY OF AURORA GENERAL

SPECIFICATIONS removal and replacement from any moneys due or which may become due to the

Contractor.

6. SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

6.1 BARRICADES, LIGHTS, AND SIGNS The Contractor shall at his own expense and without further or other order provide, erect, and maintain at all times during the progress or suspension of the work, suitable barricades, fences, signs, or other adequate protection, and shall provide, keep, and maintain such lights, danger signals, and watchmen as may be necessary or as may be ordered by the Engineer to ensure the safety of the public, as well as those engaged in connection with the work. All barricades and obstructions shall be protected at night by signal lights, which shall be suitably placed and which shall be kept burning from sunset to sunrise.

Barricades shall be of substantial construction, and shall be painted in such a way as to increase their visibility at night. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance, the

Engineer may order such damaged portion immediately removed and replaced by the Contractor without cost to the City if, in his opinion, such action is justified. The Contractor's responsibility for the maintenance of barricades, signs, and lights shall not cease until the project shall have been accepted.

6.2 USE OF EXPLOSIVES The use of explosives shall be prohibited.

6.3 PROTECTION AND RESTORATION OF PROPERTY It is understood that in the execution of the work herein provided for there may be interference with and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires, cables, underground structures such as sewers, gas mains, telephone conduits and cables, water mains, drains, service connections, wires, pipes, conduits, located along, adjacent to, and/or crossing the locations of the work, and that it may be necessary to relocate or reconstruct certain of such structures, improvements, and installations and/or to make repairs to the same by reasons of doing the work herein provided for, and it is therefore particularly and specifically agreed that the Contractor, except as otherwise herein provided, shall do the work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the work, the same to be restored to as good condition as the same existed at the time of the commencement of any such work or relocation. It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other work required by reason of any BID NO. 26-034 00700-9 CITY OF AURORA GENERAL SPECIFICATIONS interference with and/or damage to such structures, improvements, installations, due to the prosecution of the work and upon completion of such work by them done, said owners may render bills to the Contractor for the cost and expense thereof, which bills shall be paid by the Contractor, without extra compensation therefore from the City, upon demand by said owners, or upon demand made by the City upon the Contractor for the payment thereof.

6.4 RESPONSIBILITY FOR DAMAGE CLAIMS The Contractor agrees to indemnify and save harmless the

City of Aurora, their agents, and employees from and against all loss and expenses (including costs and attorneys' fees) by reason of liability imposed by law or claims made upon the City of Aurora for damages because of bodily injury, including death at any time resulting therefrom sustained by any person or persons or on account of damage to property, including loss of use thereof, arising out of or in consequence of the performance of this work, whether such claims or injuries to persons or damage to property be due to the negligence of the Contractor, his Subcontractors or the City of Aurora. The Contractor shall assume total risk and shall be responsible for any and all damages or losses caused by or in any way resulting from the work and provide all insurance necessary to protect and save harmless the City of Aurora and its employees. Said insurance shall include contractual liability equal to the limits hereinafter set forth. The Contractor agrees to purchase a policy of insurance, which shall include the City of Aurora as an additional insured or provide separate coverage for the City with an owner's protective policy. All Insurance provided by Contractor, extending to owner as additional insurance, shall be primary and insurance maintained by owner shall be excess and not contributing with Contractor’s insurance. The minimum amounts of insurance shall be as follows, except that no restrictions on occurrence limits will be permitted: Bodily Injury Liability Property Damage

Liability Each Occurrence Each Occurrence Aggregate $3,500,000 $500,000 $7,000,000 The coverage and amounts above are minimum requirements and do not establish limits to the Contractor’s liability. Other coverage and higher limits may be provided at the Contractor’s option and expense. Owner does not waive its subrogation rights against Contractor and/or any Subcontractor for damages due to losses to owner due to the fault or negligence of the Contractor and/or any Subcontractors during or as a result of the performance of the work. All such insurance must include an endorsement whereby the insurer agrees to notify the City of Aurora at least thirty (30) days prior to non-renewal, reduction or cancellation. The Contractor shall cease operations on the project if the insurance is canceled or reduced below the required amount of coverage. All costs for insurance as specified herein will not be paid for separately, but shall be considered as incidental to the contract.

6.5 WORKERS COMPENSATION ACT The Contractor further agrees to insure his employees and their beneficiaries and to provide the employees and the beneficiaries of any Subcontractor employed from time to time by him on said BID NO. 26-034 00700-10 CITY OF AURORA GENERAL SPECIFICATIONS work, the necessary first-aid, medical, surgical, and hospital services and any compensation provided for in the Workers

Compensation Act of the State of Illinois that is or may be in force in the State. Such insurance shall be placed by said Contractor in a company or association (to be approved by the City and to be accepted by the Council thereof) authorized under the laws of the State of Illinois to insure the liability above specified. Said Contractor hereby further agrees to indemnify, keep and save harmless said City from all action, proceedings, claims, judgments, awards, and costs, losses, damages, expenses, and attorney's fees which may in any way be brought against said City by reason of any accidental injuries or death suffered by any of his employees or the employees of any Subcontractor employed by him in and about the performance of the work provided for in the contract, and any and all liability resulting thereupon; and said Contractor, in case of any suit, action, or proceeding on account of any or all of the foregoing shall defend the same for and on behalf of said City and indemnify the City therefore and pay the amount of any and all awards and final judgments and/orders rendered and entered therein, together with all loss, costs, damages, attorney's fees, and expenses incurred therein. Said

Contractor shall be the sole employer of its employees and workers, and in no way so shall the City be considered a joint employer of same under any circumstance.

7. SECTION 7 - PROSECUTION AND PROGRESS OF WORK

7.1 SUBLETTING OR ASSIGNMENT OF WORK If the Contractor sublets the whole or any part of the work to be done under the contract, with or without the written consent of the City, he shall not, under any circumstances, be relieved of his liabilities and obligations. All transactions of the Engineer shall be with the

Contractor; Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. In case any party or parties, to whom any work under the contract shall have been sublet, shall disregard the directions of the Engineer or his duly authorized representatives, or shall furnish any unsatisfactory work or shall fail or refuse in any way to conform to any of the provisions or conditions of the contract, then in that case, upon the written order of the Engineer, the Contractor shall require said party or parties in default to discontinue work under the contract. Said work shall be corrected or made good and shall be continued and completed by the said Contractor or by such other party or parties as are approved by the Engineer, in the manner and subject to all of the requirements specified in the contract.

7.2 PROSECUTION OF WORK The Contractor shall begin the work to be performed under the contract no later than ten (10) days after the execution and acceptance of the contract, unless otherwise provided. The work shall be conducted in such a manner and with sufficient materials, equipment and labor as is considered necessary to ensure its completion within the time specified in the contract. The Contractor shall solely be fully responsible for complying with state and local prevailing wage requirements in accordance with its Bidders

Certification, and for all wage rate and hour regulations and applications

7.3 PAYMENT BID NO. 26-034 00700-11 CITY OF AURORA GENERAL SPECIFICATIONS BASIS

OF PAYMENT Payment of the CONTRACTOR for performance of the CONTRACT shall be made by the

OWNER and shall be based on the value of the installation resulting from the CONTRACTOR’s operations.

The cost of all WORK incidental to the completion of the project in accordance with the Plans and

Specifications, excepting authorized extra WORK, shall be included in the unit and lump sum prices stated in the CONTRACTOR’s accepted Proposal. The amount obtained by the summation of the products of the quantities of WORK performed or the respective unit or lump sum prices for several items listed in the proposal shall be payment in full, except for payment for authorized extra WORK, for delivering the completed project to the OWNER in accordance with the Plans and Specifications.

8. SUBMISSION OF BID BREAKDOWN

Within 10 days after the execution of this CONTRACT, the CONTRACTOR must submit to the ENGINEER in duplicate an acceptable breakdown of the lump sums and unit prices bid for items of the CONTRACT, showing the various operations to be performed under the CONTRACT, and the value of each of such operations, the total of such items to equal the total price bid. The CONTRACTOR shall also submit such other information relating to the bid prices as may be required and shall revise the bid breakdown as directed. Thereafter, the breakdown may be used for checking the CONTRACTOR’s applications for partial payments hereunder but shall not be binding upon the OWNER or the ENGINEER for any purpose whatsoever.

9. PARTIAL PAYMENTS

When not otherwise provided for under the Specifications for an item of WORK or a complete project, and if the rate of progress is satisfactory to the ENGINEER, partial payments will be made the CONTRACTOR by the

OWNER during progress of construction. The amount of each partial payment shall be limited to ninety (90) percent (unless otherwise provided in the Instructions to Bidders) of the value of the WORK shown in the

Engineer’s periodic estimate to have been done and installed in place by the CONTRACTOR subsequent to the time of commencing WORK or of making the last preceding partial payment on account of WORK done. An amount greater than ninety (90) percent of the value of a largely completed project may be paid the

CONTRACTOR at the option of the OWNER.

The CONTRACTOR’s request for payment shall be in the form of an invoice, submitted to the OWNER through the ENGINEER, setting forth amounts due for WORK completed on payment items set forth in the

CONTRACTOR’s Proposal, and shall be accompanied by:

(1) CONTRACTOR’s Sworn Statement setting forth the Subcontractors and material suppliers, the amount requested for each of the Subcontractors or material suppliers, and the amount of the subcontract or material to be completed.

(2) Subcontractor or material suppliers waivers of lien for amounts requested on previous payment requests.

(3) CONTRACTOR’s waivers of lien.

The CONTRACTOR’s request will be reviewed by the ENGINEER and if the ENGINEER is in agreement with the value of WORK completed, as requested by the CONTRACTOR, and if the…