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Project Manual

City of Mattoon

Little Wabash Drainage – Phase 1 Piping Section 15-00269-01-DR

Project No. 3422018

April 2026

Architect / Engineer:

The Upchurch Group, Inc.

123 North 15th Street Mattoon, Illinois 61938 Phone 217.235.3177 upchurchgroup@upchurchgroup.com

Table of Contents

Page # Item 1 City of Mattoon Contract

2 City of Mattoon Contract Continued

3 City of Mattoon Contract Bond

4 City of Mattoon Contract Bond Continued

CITY OF MATTOON

CONTRACT

1. THIS AGREEMENT, made and concluded the day of , , between the City of Mattoon, Illinois, known as the party of the first part, and , their executors, administrators, successors, or assigns, known as the party of the second part.

2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Bid Form hereto attached, to be made by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at their own expense to do all work, furnish all materials and all labor necessary to complete the work in accordance with the Plans and Specifications hereinafter described.

3. It is understood and agreed that the Bid Specifications titled

City of Mattoon Illinois, Little Wabash Drainage Phase 1 Piping , the bid form and the Contract Bond hereto attached are all essential documents of this contract and are a part hereof.

4. This contract calls for the construction of a “public 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 paylaborers, workers and mechanics performing services on public works projects no less than the “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at:

https://labor.illinois.gov/laws-rules/conmed/current-prevailing-rates.html. All contractors and subcontractors must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties.

5. The party of the second part shall not discriminate on the basis of race, color, national origin, sexual orientation, or sex in the performance of this contract. Failure of the party of the second part to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or other such remedy as the Owner deems appropriate.

6. IN WITNESS WHEREOF, the said parties have executed these presents on the date above mentioned.

ATTEST: Rick Hall, Mayor, City of Mattoon

By:

City Clerk Party of the First Part

(SEAL)

Company Name:

By:

Party of the Second Part

Print Name:

ATTEST: Company Name:

By:

Secretary Party of Second Part

Print Name:

Project:

CONTRACT BOND

City of Mattoon Illinois, Little Wabash Drainage Phase 1 Piping

We, as PRINCIPAL and as SURETY, are held and firmly bound unto the City of Mattoon in the penal sum of

Dollars($ ), lawful money of the United States, well and truly to be paid unto the City of Mattoon, for the payment of which we bind ourselves, our heirs, executors, administrators, and successors, jointly to pay to the City of Mattoon this sum under the conditions of this instrument.

WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the Principal has entered into a written contract with the City of Mattoon for the construction of work on the above project, which contract is hereby referred to and made part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm company, or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted; and has further agreed that this bond shall inure to the benefit of any person, firm, company, or corporation, to whom any money may be due from the Principal, subcontractor or otherwise, for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company, or corporation, for the recovery of any such money.

NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the City of Mattoon harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect.

IN TESTIMONY WHEREOF, the said Principal and the said Surety have caused this instrument to be signed by their respective officers this day of , .

PRINCIPAL

Company Name: Company Name:

By: By:

(Signature & Title) (Signature & Title)

(If PRINCIPAL is a joint venture of two or more contractors, the company names, and signatures of each contractor must be affixed.)

SURETY

By:

(Name of Surety) (Signature of Attorney-in-Fact)

NOTARY

STATE OF , COUNTY OF ,

I, , a Notary Public in and for said County, do hereby certify that (Names of individuals signing on behalf of

PRINCIPAL AND SURETY)

Who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they signed, sealed and delivered said instrument as their free and voluntarily act for the uses and principals therein set forth.

Given under my hand and notary seal this day of , . My commission expires on .

Notary Public

OWNER

Approved this day of , A.D., Attest: City of Mattoon

City Clerk (SEAL) Mayor

PROJECT MANUAL

TOC - Table of Contents

Little Wabash Drainage – Phase 1 Piping TOC Page 1 of 2 Pages TUG #3422018

OWNER: City of Mattoon

ARCHITECT/ENGINEER: The Upchurch Group, Inc.; 123 North 15th Street; Mattoon, IL 61938; (217) 235-3177

PROJECT MANUAL FOR: Little Wabash Drainage – Phase 1 Piping

A/E Project: 3422018

Owner Project: Section No. 15-00269-01-DR

DATE: April 2026

DIVISION SECTION TITLE

0 BIDDING AND CONTRACT REQUIREMENTS

00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 41 00 Bid Form 00 43 13 Bid Bond 00 51 00 Notice of Award 00 52 00 Agreement 00 55 00 Notice to Proceed 00 61 13.13 Performance Bond 00 61 13.16 Labor and Material Payment Bond 00 65 16 Certificate of Substantial Completion 00 65 19 Notice of Acceptability 00 72 00 General Conditions 00 73 00 Supplemental Conditions

1 GENERAL REQUIREMENTS

01 10 00 Project Summary 01 26 00 Change Order Procedures 01 29 00 Application for Payment 01 31 19 Project Meetings 01 33 00 Submittals 01 41 00 Regulatory Requirements 01 45 00 Quality Control 01 57 13 Temporary Erosion and Sediment Control 01 60 00 Product Requirements 01 70 00 Execution and Closeout Requirements 01 71 23 Construction Layout

2 DEMOLITION

02 41 13 Site Demolition

3 CONCRETE

03 30 00 Concrete Work

31 EARTHWORK

31 10 00 Site Clearing

PROJECT MANUAL

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City of Mattoon Little Wabash Drainage – Phase 1 Piping TOC Page 2 of 2 Pages TUG #3422018

31 23 33 Trenching & Backfilling 31 37 00 Riprap

32 EXTERIOR IMPROVEMENTS

32 11 23 Aggregate 32 92 19 Seeding

33 UTILITIES

33 30 00 Sanitary Sewers 33 40 00 Storm Sewers

STORM WATER POLLUTION PREVENTION PLAN

IDOT HIGHWAY STANDARDS

280001-07 TEMPORARY EROSION CONTROL SYSTEMS

602301-04 INLET TYPE A

604001-05 FRAME AND LIDS TYPE 1

604036-03 GRATE TYPE 8

701001-02 OFF-RD OPERATIONS, 2L, 2W, MORE THAN 15’ AWAY

701006-05 OFF-RD OPERATIONS, 2L, 2W, 15’ TO 24’ FROM PAVEMENT EDGE

701201-05 LANE CLOSURE, 2L, 2W, DAY ONLY, FOR SPEEDS ≥ 45 MPH

701901-08 TRAFFIC CONTROL DEVICES

END TOC

Little Wabash Drainage – Phase 1 Piping 00 11 13 Page 1 of 1 Pages TUG #3422018

ADVERTISEMENT FOR BIDS

City of Mattoon Mattoon, IL

Little Wabash Drainage Project – Phase 1 Piping

General Notice

City of Mattoon is requesting Bids for the construction of the following Project:

Little Wabash Drainage Project – Phase 1 Piping 3422018

Bids for the construction of the Project will be received at City Hall located at 208 North 19th Street, until Wednesday, September 9, 2026 at 11:00AM local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Construction of approximately 3,130’ of new 60” storm sewer to replace the existing 30” Little Wabash District Tile. Sewer construction will start at the existing 30” outlet to the Little Wabash River and will continue north, following the approximate alignment of the existing pipe, to the south side of IL-16 (Marshall Avenue). The project also includes; a cast-in-place concrete headwall, manholes, inlets, and site restoration.

Obtaining the Bidding Documents

The Issuing Office for the Bidding Documents is:

Mattoon City Clerk’s Office 208 North 19th Street, Mattoon, IL 61938

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Mattoon By: Rick Hall Title: Mayor Date: [Date of initial publication of advertisement]

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INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

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

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 2 of 10 Pages TUG #3422018

ARTICLE 1—DEFINED TERMS

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

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

ARTICLE 2—BIDDING DOCUMENTS

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

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

2.03 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.04 Electronic Documents

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

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf).

It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor’s means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 IDOT prequalification is not required. Bidders shall furnish 3 references for projects of similar scope and size upon written request. Bidders are required to complete a minimum of 25% of

Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 3 of 10 Pages TUG #3422018 the work with their own forces. Bidders shall furnish a list of equipment and manpower on written request

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

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

ARTICLE 4—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

B. Contractor shall be responsible for obtaining the NPDES permit and complying with requirements of the permit.

C. Owner will pay for the crop damages and restoration work within the 50’ wide construction limits. The Contractor shall be responsible for any crop damages or restoration work outside the construction limits.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

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

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

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

d. Technical Data contained in such reports and drawings.

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

Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 4 of 10 Pages TUG #3422018

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

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

ARTICLE 5—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

5.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

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

ARTICLE 6—INTERPRETATIONS AND ADDENDA

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

6.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. All questions must be submitted by email to Dave Clark at: clarkd@mattoonillinois.org Question submitted within 3 business days of the bid opening may not be answered.

6.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

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

ARTICLE 7—BID SECURITY

7.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents.

7.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid

Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 5 of 10 Pages TUG #3422018 security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

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

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

ARTICLE 8—CONTRACT TIMES

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

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

ARTICLE 9—SUBSTITUTE AND “OR EQUAL” ITEMS

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

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

ARTICLE 10—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

10.01 A statement of cost for each major item of Work included in the Bid.

10.02 A designation of the Work to be performed by the Bidder with his own forces.

10.03 A list of names of the Subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated, the names of documents or, if no portions are so designated, the names of the Subcontractors proposed for the principal portions of the Work. The Bidder will be required to establish to the satisfaction of the Engineer and the Owner the reliability and responsibility of the proposed Subcontractors. Prior to the award of the Contract, the Engineer will notify the Bidder in writing if either the Owner or the Engineer, after due investigation, has

Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 6 of 10 Pages TUG #3422018 reasonable and substantial objection to any person or organization on such lists. If the Owner or Engineer has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder may, at his option, withdraw his Bid without forfeiture of Bid Security. If the Bidder submits an acceptable substitute with an increase in his Bid price to cover the difference in cost occasioned by such substitution, the Owner may at his discretion, accept the increased Bid price or he may disqualify the Bidder. Subcontractors and other persons and organizations proposed by the Bidder and accepted by the Owner and Engineer must be used on the Work for which they were proposed and accepted, and shall not be changed except with the written approval of the Owner and the Engineer.

ARTICLE 11—PREPARATION OF BID

11.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink.

Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

11.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

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

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

The official address of the partnership must be shown.

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

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

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

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

11.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

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

ARTICLE 12—BASIS OF BID

12.01 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

ARTICLE 13—SUBMITTAL OF BID

13.01 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

13.02 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

ARTICLE 14—MODIFICATION AND WITHDRAWAL OF BID

14.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

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

14.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, Little Wabash Drainage – Phase 1 Piping 00 21 13 Page 8 of 10 Pages TUG #3422018 and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 15—OPENING OF BIDS

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

ARTICLE 16—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 17—EVALUATION OF BIDS AND AWARD OF CONTRACT

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

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

17.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

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

17.05 Evaluation of Bids

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

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

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

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

ARTICLE 18—BONDS AND INSURANCE

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

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

ARTICLE 19—SIGNING OF AGREEMENT

19.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 20—SALES AND USE TAXES

20.01 Owner is exempt from Illinois state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. E99982439). Said taxes must not be included in the Bid. Refer to Paragraph SC-7.10 of the Supplementary Conditions for additional information.

ARTICLE 21—WAGE SCALE

22.02 The contract calls for the construction of a “public 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 “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at:

https://labor.illinois.gov/laws-rules/conmed/current-prevailing-rates.html. The bidder will comply with all requirements of the Act, including but not limited to, all wage notice and record keeping duties.

ARTICLE 22—EQUAL OPPORTUNITY EMPLOYMENT

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23.01 The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, creed, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.

23.02 The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin.

23.03 The Contractor shall send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

23.04 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts in accordance with procedures authorized in Executive Order No.

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked and provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.

23.05 The Contractor shall include the provisions of Paragraph (A) through (D) in every Subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or Vendor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agent may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or Vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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BID FORM FOR CONSTRUCTION CONTRACT

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to: City of Mattoon, 208 North 19th Street, Mattoon IL 61938

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

ARTICLE 3—BASIS OF BID—UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item No.

Description Unit Estimated Quantity

Bid Unit Price Bid Amount

1 STORM SEWER, 60"-

DIAMETER

FOOT

3130 $

2 STORM SEWER, 12"-

FOOT 74 $

3 CAST-IN –PLACE

CONCRETE HEADWALL

LUMP

SUM

1 $

4 MANHOLE, TYPE A, 9'-

DIAMETER, TYPE 1

FRAME, CLOSED LID,

SPECIAL

EACH 1 $

5 MANHOLE, TYPE A, 8'-

DIAMETER, TYPE 1

FRAME, CLOSED LID

EACH

1 $

6 INLET, TYPE A, TYPE 8

GRATE

EACH 3 $

7 TRENCH BACKFILL

CU YD 134 $

8 FIELD TILE

CONNECTIONS

EACH 5 $

9 DRAIN TILE CUT AND EACH 5 $

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CAP

10 STONE RIPRAP, A4

SQ FT 300 $

11 AGGREGATE SURFACE

COURSE, TYPE B

TON 131 $

12 BALL FIELD FENCE

1 $

13 WOODEN FENCE

REMOVAL AND REPAIR

1 $

14 PERIMETER EROSION

BARRIER

FOOT 60 $

15 INLET AND PIPE

PROTECTION

EACH 1 $

16 TEMPORARY SEEDING

ACRE 0.45 $

17 SEEDING, WINTER WHEAT

ACRE 2.9 $

18 SEEDING, CLASS 1,

COMPLETE

ACRE 0.40 $

19 SEEDING, CLASS 1A,

COMPLETE

ACRE 0.05 $

20 MOBILIZATION

21 CONSTRUCTION LAYOUT

Total of All Unit Price Bid Items

B. Bidder acknowledges that:

1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3. Each pay item should have a unit price and a total price. If no total price is shown or if there is a discrepancy between the product of the unit price multiplied by the quantity, the unit price shall govern. If a unit price is omitted, the total price will be divided by the quantity in order to establish a unit price. A bid will be declared unacceptable if neither a unit price nor a total price is shown.

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

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4.02 Bidder agrees that the Work will be substantially complete on or before Wednesday, May 26, 2027, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before Friday, June 25, 2027.

4.03 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

5. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, Little Wabash Drainage – Phase 1 Piping 00 41 00 Page 4 of 6 Pages TUG #3422018 or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

6. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

7. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

8. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

9. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

10. The contract calls for the construction of a “public 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 “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at: https://labor.illinois.gov/laws-rules/conmed/current-prevailing-rates.html. The bidder will comply with all requirements of the Act, including but not limited to, all wage notice and record keeping duties.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

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d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature) Name:

(typed or printed) Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

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BID BOND (PENAL SUM FORM)

Bidder Surety

Name: Name:

Address (principal place of business): Address (principal place of business):

Owner Bid

Name: City of Mattoon Project (name and location):

Address (principal place of business): Little Wabash Drainage – Phase 1 Piping / 3422018, Mattoon, IL 208 North 19th Street

Mattoon, IL 61938

Bid Due Date:

Bond

Penal Sum:

Date of Bond:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

Little Wabash Drainage – Phase 1 Piping 00 43 13 Page 2 of 2 Pages TUG #3422018

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by…