Agenda No. __________________

Ordinance No. ________________

CITY OF

Springfield ILLINOIS

CONTRACT BOOK

SECTION I -- INTRODUCTION SECTION V: -- PRICING

SECTION II -- INSTRUCTIONS TO BIDDERS SECTION VI: -- CERTIFICATIONS

SECTION III -- SCOPE OF CONTRACT SECTION VII: -- ADDENDA

SECTION IV -- TERMS & CONDITIONS SECTION VIII: -- CONTRACT

MISTY BUSCHER, MAYOR

CONTRACT INDEX NO:_ UE27-10-47 ______

CONTRACT NAME: Transmission Line

_Construction (J1610 Project)

NAME OF BIDDER:

ADDRESS OF BIDDER:

CITY OF SPRINGFIELD, ILLINOIS

300 S. SEVENTH STREET,

ROOM #200

SPRINGFIELD, ILLINOIS 62701

SECTION I

1. INTRODUCTION

1.1 Summary

The City of Springfield, Illinois ("City") is accepting sealed bids for UE27-10-47 – Transmission Line Construction (J1610 Project). Bids must be submitted via the City's Bid Portal by Thursday, November 5, 2026, at 2:00 p.m. local time.

Department: Office of Public Utilities, City Water Light and Power Bid Security: 10% of Total Bid

1.2 Background

Springfield, the capital city of Illinois and seat of Sangamon County, has a population of 114,394 as of the 2020 census. The city's economy is driven by government agencies, healthcare, and medicine, with historical significance as the home of Abraham Lincoln from 1837 to 1861. Key attractions include the Abraham Lincoln Presidential Library and Museum, Lincoln Home, Old State Capitol, Lincoln-Herndon Law Offices, Lincoln Tomb, and historic Route 66.

1.3 Contact Information

Purchasing Agent Email: Purchasing@springfield.il.us 300 S. Seventh Street Phone: (217) 789-2191 Springfield, IL 62701

1.4 Timeline

The following timeline is a guide for planning purposes. The City reserves the right to adjust as needed:

Bid Released: October 6, 2026 Pre-Bid Meeting: Mandatory Pre-Bid Meeting Pre-Bid Meeting/Site Visit: October 20, 2026 @ 9:00 a.m.

Pre-Bid Location: CWLP; 1008 E Miller St, Springfield, IL 62702 Questions Due to City: October 26, 2026, 12:00 p.m.

Response from City: October 29, 2026, 4:30 p.m.

Bids Due/Opening: November 5, 2026, 2:00 p.m.

Anticipated Award Date: December 15, 2026

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SECTION II

2. INSTRUCTIONS TO BIDDERS

2.1 Vendor Registration

Prospective bidders must register as vendors on the City of Springfield website at:

https://www.springfield.il.us/Registration/Options.aspx.

Registration enables receipt of bid opportunities and electronic submission of responses.

2.2 Retrieval of Bid/Proposal Documents

Bidders are responsible for accessing bid documents and addenda on the City’s website:

https://www.springfield.il.us/departments/OBM/OBMHome.aspx?Purchasing.

2.3 Submission of Bids/Proposals

Unless otherwise specified, bids must be submitted electronically via the City’s website in PDF format. All required documents (addenda, certifications, insurances, guarantees, bonds, etc.) must be included and complete.

2.4 Pre-Bid Meeting Attendance

A mandatory pre-bid meeting will be held as described in Section III. Only attendees of the pre-bid meeting may submit bids.

2.5 Questions

Submit questions in writing via the Question/Answer Tab on the City's website by the specified deadline. Include the relevant section title for clarity. Responses will be posted on the website with sufficient time for bid preparation.

2.6 Addenda

Addenda will be posted on the City's website. Bidders are responsible for incorporating all addenda into their submissions. Failure to acknowledge addenda does not relieve bidders of their obligations under the contract.

2.7 Withdrawal of Bid

Bids may be withdrawn via the City's website prior to opening. After opening, bids cannot be withdrawn for 90 days without the City’s consent, except as permitted by regulation. Post-opening corrections or withdrawals require a written determination by the Purchasing Agent.

2.8 Rejection of Bids

The City reserves the right to reject any or all bids, waive technicalities, and accept the bid deemed in its best interest. Such decisions are final.

2.9 Bid Opening

Telephone, fax, email, or verbal offers will not be accepted. Bids will be publicly opened and read at the specified time. Late submissions will not be accepted.

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SECTION III

3. SCOPE OF WORK/PURCHASE

SPECIFICATIONS FOR

TRANSMISSION LINE CONSTRUCTION (J1610 PROJECT)

INTENT

The intent of the specifications herein is for the City of Springfield, Office of Public Utilities (CWLP) to enter into contract for the provision of furnishing supervision, tools, equipment, materials, and labor necessary for the construction of Transmission Line assets associated with the MISO J1610 Alpha Substation project.

INTERPRETATION TO BIDDER

A prospective bidder, who is in doubt as to the meaning of any part of the Contract Documents, or of any addenda, may submit to the Purchasing Agent a written request for interpretation.

Such requests shall be addressed to: Office of the Purchasing Agent Email: Purchasing@Springfield.il.us Phone: (217) 789-2191

Any such interpretation will be made by addendum. The City of Springfield will not be responsible for any explanation or interpretation of proposed documents other than by addendum. Any addenda will become part of the Contract Documents.

The bidders shall list any and all exceptions to these specifications. Drawings included are pre-final Issued for Bid, not construction. Issued for Construction prints will be made available after bid award.

Miscellaneous The Notice, Instruction to Bidders, Terms and Conditions, Addenda and the Scope of Work & Drawings set forth in this document will be the prevailing conditions of this Contract. Any exceptions to these terms and conditions must be addressed with respect to the specific page, paragraph and number and added to the proposal section of this Contract. Any Terms and Conditions submitted otherwise will not be considered or accepted for award of bid.

Pre-Bid Meeting (Mandatory***)

Pre-Bid Meeting:

9:00am CDT

Tuesday, October 20, 2026 Location: CWLP Elec. Engineering; 1008 E Miller St, Springfield, IL 62702 *** Notify David Dixon by Tuesday, October 13, 2026 for attendance

Provide names, email addresses, and phone numbers for all who will be in attendance Email: David.dixon@cwlp.com ; phone: (217) 321-1384

Scope All material shall be per these specifications. A geotechnical report is available for prospective bidders upon request.

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Project Scope Project Description:

This project involves construction of three (3) new 138kV transmission structures and reconductoring approximate 0.08 miles in Sangamon County, IL. The work will include the installation of two (2) monopole, galvanized, standard class steel, switch structures and one (1) monopole galvanized, custom steel, three-way deadend structure. The foundations consist of two (2) direct embed foundations with crushed rock backfill and one (1) drilled pier with standard length anchor bolts and cages. The transmission conductor will be three (3) phases of 795 kcmil 45/7 “Tern” ACSS and will be shielded by one (1) phase of 7 No. 8 - 7 Strand Alumoweld Wire.

The counterpoise wire to be transferred will consist of one (1) 7 No. 8 - 7 Strand Alumoweld Wire.

As part of this project, two (2) existing wood monopole structures will be removed. Poles shall be removed completely from the ground. In locations where this is not possible, structures shall be removed to a minimum of 3’ below grade. Existing foundations shall be backfilled to ground level. All removed materials shall be hauled off-site and disposed of properly by the contractor.

Required Permits:

No permits are required for this project. A review of the FAA notice criteria has been completed, and no filing is required.

Material Delivery Location Site address to be determined – general location latitude 39.651222, longitude -89.715262.

Approximately 1.5 miles South of the intersection of Illinois State Route 4 and Goldenrod Drive, Chatham, IL 62629.

Project Contacts

Title Name Office # Email

Assistant General Superintendent (CWLP)

Brian Bell (217) 321-1330 brian.bell@cwlp.com

Project Manager (CWLP) Dave Mattingly (217) 321-1379 david.mattingly@cwlp.com

Project Engineer (CWLP) David Dixon (217) 321-1384 david.dixon@cwlp.com

Project Manager (BHMG) Justin Wood (618) 980-9985 jwood@bhmg.com

Lead Engineer (BHMG) Ryan Holcomb (636) 333-3913 rholcomb@bhmg.com

Work Sequence A. General: Construction sequence shall be determined by Contractor subject to Owner’s requirement of the In Service Date listed below.

B. Scheduled Events: Work requiring an outage shall be scheduled per the Contractor’s determination and coordinated a minimum of 6-weeks in advance of the first date the outage is required.

C. In Service Date: May 1, 2027

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Construction Notes & Information

1. The Contractor will be responsible for restoring the Right-of Way and properties used during construction to the original condition. This includes but is not limited to: removal of all trash and construction materials, fixing ruts, and restoration of grass and/or crops to a level suitable to both the City of Springfield and the property owner. The Contractor is responsible for any damages that are not properly restored.

2. The Contractor shall submit a concrete mix design to the Lead Engineer for approval prior to pouring foundations.

3. The Contractor shall be responsible for coordinating the transfer of existing facilities with both City Water, Light, and Power of Springfield and/ or all other responsible parties.

Existing materials designated for reuse or transfer shall be carefully removed, handled, and reinstalled as directed by the Owner and/or Engineer. See Section 8 for more information.

4. The Contractor shall be responsible for testing and confirming phasing of overhead wires prior to energization of the line.

5. The Contractor shall protect all existing utilities and facilities during construction. Damage caused by the Contractor shall be repaired at the Contractor’s expense.

6. The Contractor shall notify the Project Manager and Lead Engineer of any deviations from design drawings prior to implementing field changes.

7. The Contractor shall complete a final walk through with the Owner and Engineer prior to energization of the line.

8. The Contractor will be responsible for furnishing all material required for foundations, access, and construction that is not expressly included in the Bill of Materials located in Section 4.

9. The Contractor shall provide warning signs, flagmen, traffic control, trench covers, etc. as required for public safety and according to state and county regulations.

10. The Contractor shall contact JULIE (811) to locate underground utilities 48 hours prior to beginning excavation. It is the Contractor’s responsibility to verify underground utility locations and contact the engineer for resolution if there are any conflicts. In dense underground utility areas or in areas requiring minimal disturbance the use of hydrovac digging may be required.

11. The Contractor shall receive and unload all to be determined manufacture’s steel poles, steel pole anchor cages, and all other material deliveries at the laydown yard that is acquired. Material is considered ‘owned’ by the contractor upon receipt until final installation.

12. CWLP shall be responsible for switching and isolation of all equipment and facilities associated with the work under this contract. The contractor shall be responsible for installation of all safety grounds or other worker protection measures to be used per their policies and procedures and in coordination with CWLP project manager.

13. The Contractor shall be responsible for providing temporary sanitation and other required personnel facilities.

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Performance Bond A. Within fourteen (14) calendar days after the Contract is fully executed, Contractor shall furnish a Performance Bond in an amount at least equal to the Contract Price as security for the faithful performance of all Contractor’s obligations under the Contract Documents. This Bond shall remain in effect until at least one year after the date of final payment, except as otherwise provided by Law.

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Overhead Transmission Line Work

PART 1 – GENERAL

1.1 SCOPE OF WORK

A. The Scope of Work for this project is detailed in the Construction Package. The Contractor will be responsible for furnishing all labor and equipment to complete the project according to the contract documents and place the line in-service.

1.2 STANDARD SPECIFICATIONS & CODES

A. RUS Bulletin 1724E-220 “Procurement and Application Guide for Non-Ceramic

Composite Insulators, Voltage Class 34.5 kV and Above”

B. RUS Bulletin 1724E-224 “Electric Transmission Guide Specifications and Drawings for Steel Pole Construction – 34.5 to 230 kV”

C. RUS Bulletin 1728F-700 “RUS Specification for Wood Poles, Stubs, and Anchor Logs”

D. RUS Bulletin 1728F-810 “Electric Transmission Specifications and Drawings,

34.5 kV Through 69 kV”

E. RUS Bulletin 1728F-811 “Electric Transmission Specifications and Drawings, 115 kV Through 230 kV”

F. IEEE Standard 524 “Guide for the Installation of Overhead Transmission Line Conductors”

1.3 QUALIFICATIONS

A. Manufacturer: Company specializing in, with documented experience, manufacturing the Products specified in this section.

B. Contractor: Company specializing in performing the work of this section with documented experience.

1.4 REGULATORY REQUIREMENTS

A. Perform Work in accordance with State and Municipality codes and ordinances.

B. Perform Work in accordance with all local and state codes of Utility Installations.

PART 2 – MATERIALS

2.1 GENERAL

A. The Contractor is responsible for verifying material is damage free and of the quantity called out in the Engineer’s Bill of Materials for the project upon receipt to the storage yard or project site. If there are any issues, the Contractor must notify the Owner immediately.

B. The Contractor assumes ownership and responsibility for all materials upon receipt until construction is completed.

C. Material shall be stored off the ground and standing water to avoid damage. It shall also be adequately supported as necessary to avoid damage.

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2.2 LINE HARDWARE

A. Line hardware is anticipated to fit together without issue during construction. If there are any fitment issues, the Contractor shall notify the Engineer to determine an acceptable solution.

B. Bolts need to be cut in the field so that no more than 3” of bolt protrudes beyond the last nut after final installation. Galvanized bolts shall have a galvanizing paint applied after being cut.

2.3 INSULATORS

A. Insulators shall be stored and transported in their original shipping containers.

Care shall be taken when unpacking insulators to ensure that the insulator housing is not damaged. Damaged insulators may not be used on the line.

2.4 ANCHORS & GUYS

A. All anchors & guys shall be installed as shown in the Plan & Profile drawings.

Guy wires shall be pulled tight but not have any significant tension prior to conductor or shield wire installation. All guy wires shall have guy guards installed.

B. Slope of the anchor rod shall be the same as the guy. The anchor rod eye should extend at least 6 inches but no more than 12 inches above ground level.

C. Anchors shall be installed in accordance with the manufacturer's recommendations.

2.5 WIRE

A. Wire reels must be stored off of the ground and free from standing water. Reels must be adequately supported and covered while in storage. Reels shall not be rolled, only lifted or transported via a reel dolly.

B. Any unused wire shall remain on the reel and be returned to the Owner.

2.6 WOOD POLES

A. The Contractor shall inspect all poles upon delivery to ensure they are free of any freight damage or defects. If any issues are identified, the Contractor shall immediately notify the Owner.

B. The Contractor shall ensure that pole lengths and classes agree with the Construction Package upon delivery. If any issues are identified, the Contractor shall immediately notify the Owner.

C. Poles shall be handled with care to prevent damage. Poles are not acceptable for use if they contain indentations attributed to loading or handling slings that are ¼” deep or more over 20% or more of the pole circumference or over ½” deep at any point. Poles are not acceptable for use if anu other type of indentations or abrasions exceed 1/10 of the pole diameter at the point of damage up to a cumulative cross section of 1”. It is not acceptable to roll or drag poles along the ground.

D. Poles shall be stored off the ground and out of standing water. Poles must be supported to prevent any noticeable deflection. Poles may be carefully stacked

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2.7 STEEL POLES

A. The Contractor shall inspect all poles upon delivery to ensure they are free of any freight damage or misfabrication. If any issues are identified, the Contractor shall immediately notify the Owner.

B. The Contractor shall ensure that pole lengths and classes agree with the Construction Package upon delivery. If any issues are identified, the Contractor shall immediately notify the Owner.

C. Poles shall be handled according to the manufacturer’s instructions. Special care shall be taken to prevent damage to pole appurtenances and finishes. It is not acceptable to roll or drag poles along the ground.

D. Poles shall be stored horizontally with suitable cribbing on firm soil. Cribbing shall be padded in order to protect the finish of the pole. It is not acceptable to stack poles. Poles must not be stored in a manner in which they come into contact with the ground or standing water.

E. Pole shafts shall be assembled according to the manufacturer’s recommendations.

F. Field drilling of poles can only be completed with approval from the Engineer and Manufacturer. Special requirements may be needed in order to protect the longevity of the pole.

PART 3 – EXECUTION OF WORK

3.1 VEHICLE TRAFFIC

A. The Contractor shall always be aware of vehicle traffic and take necessary precautions to ensure the safety of all crews and the public. This includes but is not limited to the use of barricades and signage along the roadway. The Contractor is responsible for notifying the State Department of Transportation prior to any work that will impede the normal flow of traffic.

3.2 PERMITS

A. The Contractor shall have copies of all applicable permits at the job site at all times.

B. The Contractor is responsible for adhering to all requirements set forth in roadway, railroad, utility, environmental, FAA, and any other applicable permits.

The Contractor is responsible for all costs associated with the completion of permitted work, such as flaggers and training of employees.

3.3 FACILITIES OWNED BY OTHERS

A. The Contractor shall take necessary precautions to complete all work in a manner that does not interfere with the operation or maintenance of facilities owned and operated by other parties. This includes, but is not limited to:

roadways, railroads, electric utilities, gas utilities, communication utilities, and water utilities.

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3.4 RIGHT-OF-WAY ACCESS

A. The Company shall give notice of work to be performed to property owners prior to beginning work. The Contractor is responsible for obtaining permission for ingress & egress to the right-of-way from property owners.

3.5 DAMAGES

A. Any damage resulting from the Contractor’s negligence or carelessness shall be paid for by the Contractor. This includes but is not limited to: crop damage outside of the right-of-way, damage to paved surfaces (such as roadways, parking lots, sidewalks, etc.), and private property.

B. Any temporary earthwork, bridges, or drainage features installed by the Contractor for construction activities must be removed upon completion of the project unless otherwise directed by the Company representative.

C. The Contractor is responsible for restoring the right-of-way to initial grade (i.e.

back dragging ruts, smoothing any piles of soil, etc.).

3.6 EXCAVATION & BACKFILL OF POLES

A. Pole foundations shall be excavated at the diameter and depth specified in the

Engineer’s Construction Package. If rock is encountered during drilling, it must be removed by a method approved by the Company representative. Blasting is not permitted.

B. The contractor shall provide casing when required to maintain the stability of an excavated hole. The casing shall be removed when placing backfill.

C. Backfill materials and installation practices shall meet the requirements specified in the Engineer’s Construction Package. When concrete is specified, the Contractor must provide the concrete mix design to the Engineer for approval prior to installation. Concrete test reports shall be completed and submitted to the Engineer for review upon installation.

D. The Contractor is responsible for removing and properly disposing of all unused excavated materials.

E. All excavation work must be properly managed for safety. Open excavations shall not be left unprotected during working hours and shall remain covered overnight.

3.7 POLE INSTALLATION

A. All poles shall be installed to stand plumb when the line is completed. Poles set on an angle shall be raked to the angle during installation so that the pole is plumb once all wires are strung and tensioned.

B. Pole embedment shall not be less than the embedment depth listed in the Plan & Profile drawings or more than 3” deeper.

C. Poles shall be installed within 3” of the staked location. When this is not possible due to field obstructions, the Contractor must notify the Engineer to determine a solution. When poles are specified to be replaced in place, the new pole must be

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D. The Contractor shall not overstress any members or connections on poles during installation.

3.8 POLE GROUNDING

A. Each transmission pole shall have enough ground rods installed to achieve a ground resistance of less than 10 ohms. The Contractor shall maintain accurate records for each structure and submit this information to the Company representative upon project completion for proper documentation. Any existing ground rods that are removed should be cut off at least two feet below grade.

3.9 WIRE SPLICES

A. Wire splices are permitted when necessary. The Contractor is responsible for identifying wire splice locations and shall request approval on locations from the Engineer prior to installing wire splices. Compression splices must be utilized unless otherwise approved by the Engineer.

3.10 STRINGING WIRE

A. All conductor and shield wire should be installed according to the manufacturer’s specifications and IEEE Standard 524, “Guide to the Installation of Overhead Transmission Line Conductors”.

B. The Contractor is responsible for preventing damage throughout unloading, handling, and stringing wire. Special care shall be taken during stringing to ensure that the wire is not twisted, kinked, or nicked. Rollers, guards, or sheaves shall be used to prevent contact between the wire and other objects.

C. Guard structures shall be used when crossing roads, railroads, water, and other utilities to ensure safety and mitigate risk of interference with other facilities. The Contractor is responsible for providing all guard structures.

D. The Contractor must submit a stringing plan to the Engineer for approval prior to stringing wire. The stringing plan should include the reel size used for each pull and where stringing pads/operations will be setup to pull in all wire sections on the project. The Contractor is responsible for providing temporary guying as required during stringing.

E. ACSS Conductor shall not be left in the sheaves for more than 24 hours before being pulled up to sag. If tension must be reduced after sagging (due to vibration concerns, equipment availability, etc.), the attachment points should be marked immediately after sagging. The conductor shall be clipped in within 72 hours. If a conductor must be left in the sheaves for an extended period of time, it should be left at a tension less than 50% of sagging tension (close to pulling tension). If this tension is exceeded, contractor shall contact CWLP for a recommendation on creep correction.

3.11 SAGGING WIRE

A. Wire should be sagged according to the Engineer’s specifications in the

Construction Package and in accordance with IEEE Standard 524. The sagging

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B. Sag checks must be performed to ensure uniformity between all spans in each section as well as accuracy to the intended sag. The use of a dynamometer to check final sags is prohibited. Wire sag shall be within a ½” per 100’ of span length tolerance from the Engineer’s sag specifications in the Construction Package.

C. Wire shall not be left in pulling blocks for more than 24 hours after being sagged before being clipped in.

3.12 CLEAN-UP

A. The Contractor shall always maintain a clean and orderly work and storage area, preventing the buildup of debris from construction activities.

B. All removed material, wire scraps, wire reels, material crates, and all other construction waste shall be hauled off site and be properly disposed of by the Contractor. The Contractor assumes ownership of all material removed from the site.

C. The Right-of-Way shall be left free of all construction debris, tools/equipment, and ruts upon completion of the project.

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SECTION IV

4. TERMS AND CONDITIONS

4.1. Ex Parte Communication

Please note that to insure the proper and fair evaluation of a proposal or bid, the City of Springfield prohibits ex parte communication (i.e., unsolicited) initiated by the Bidder to a City Official (i.e. City Aldermen, Mayor, etc.) or Employee evaluating or considering the proposal/bid prior to the time a selection has been made. Communication includes but is not limited to fax, phone calls, email and personal visit. Communication between Bidder and the City shall be directed in writing to the Purchasing Agent or designated contact person only. The Purchasing Agent will obtain the information or clarification needed. Ex parte communication may be grounds for disqualifying the offending Bidder from consideration or award of the proposal/bid and repeat offenders may be disqualified from future projects.

4.2 Bid Security

The City will not consider bids covering only a portion of the Specifications except as specifically required or permitted therein. In case of any conflict between the bidder's proposal and the Specifications contained in Section III, the Specifications contained therein shall be controlling.

(a) Bids will not be considered unless they are accompanied by bid security in the form of a Certified Check, Cashier's Check, Bank Draft, Bank Money Order or a Satisfactory Bid Bond payable to the City of Springfield, Illinois, in the amount or percentage stated in Section I – Introduction as a guarantee that the bidder will enter into a contract with the City if the bid is accepted.

(b) Bids and bid security shall be delivered in a separate sealed envelope marked and addressed as provided in article 2 above. All bid security must be identified with the Contract Index Number.

(c) A permanent bid bond, or annual bid bond, may be placed on file with the Office of Budget and Management, in lieu of delivering said bond with the proposal.

(d) Bid security will be returned to all bidders upon award of contract, or rejection of bids.

(e) The City reserves the right to retain the lowest responsible bidders bid security for failure to enter into a contract.

4.3. Withdrawal of Bid

No bidder may withdraw its bid for a period of ninety (90) days from the date of opening bids.

4.4. Delivery & Payment Terms

All materials shall be delivered DDP, Incoterms® 2020 Springfield, IL FREIGHT PREPAID.

Delivery will be considered in making the award and the Bidders/Consultants shall state, in the

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If payment terms are not indicated, terms of NET 45 days shall be applied by the City. Payment terms to apply after receipt of invoice or final acceptance of the products/services, whichever is later.

Payment terms offering less than 20 days for payment will not be considered.

4.5. Full Pricing and Contingencies

Please quote your best net price including delivery and discounts to meet the approval of the City.

Prices shall be stated in units of quantity specified. No additional charges shall be passed to the City, including any applicable taxes, delivery or surcharges. Prices quoted shall be the final cost to the City. The City shall hold the successful Bidder/Consultant to the bid pricing. Additional charges for contingencies discovered by the Bidder/Consultant at any time after the date of the opening of this bid may not be considered for payment by the City.

4.6. Substitutions

The Specification may, in some areas, be unique to a particular brand of product or type of service. If this situation exists, equal consideration will be given to all Bidders/Consultants whose items, in the opinion of the City, meets or exceeds performance in these areas.

4.7. Bid Evaluation

Bids will be evaluated and awarded to the lowest responsible, responsive Bidder. The quality of the services, conformity with the specifications, suitability to the requirements, delivery terms including length of time for delivery, qualifications and references will be taken into consideration in making an award. The City will be the sole judge of acceptability of any products offered.

4.8. Quality

The scope of work or specification is intended to procure a quality product or service. Quality must be proven to the satisfaction of the City to meet or exceed requirements as set forth in the scope of work. Items shall be manufactured according to the highest traditions of the industry and shall meet all commercial standards of quality. The City will be the sole judge of acceptable products/services.

Unacceptable products/services will be rejected and suitable price adjustments be made.

It is the bidder’s task to be familiar with the referenced items and to offer only products/services of equal or greater quality. Samples, when requested, must be furnished free of expense, and upon request, if not destroyed, may be returned at the Bidder’s risk and expense.

4.9. Recourse for Unsatisfactory Materials

Payment shall be contingent upon the City’s inspection of and satisfaction with completed work. Any defective work or materials, non-conformance to bid specifications, damaged materials, or unsatisfactory installation shall be corrected to the City’s satisfaction by the successful bidder/consultant at no additional charge.

4.10. Investigation

Consultants must acquaint themselves with the policies of the City and may do so by contacting the Purchasing Agent. All questions as to the meaning of the scope of work must be resolved prior to the

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4.11. Proof of License, Permit, Etc.

Consultants must provide proof of conformance with any applicable Federal/State/Local permits, licenses, certifications, etc., as stated in the scope of work/specifications section. It is the Consultant’s responsibility to inquire about requirements of performing the job with the requesting department contact person.

4.12. Waiver

(a) In awarding a contract pursuant to sealed competitive bidding, the City Council may waive any variation from the bid requirements or defect in a bid which does not materially affect the competitive nature of the bid, is not in violation of any ordinance, statute or law and does not prejudice the rights of the public.

(b) The City Purchasing Agent may request clarification of a bid or any part thereof. Clarification shall mean the communication between the City and the bidder regarding the bid. Such communication shall not change the bid, the competitive nature of all bids or violate any ordinance, statute or law.

4.13. Specifications

The Specification may in some areas, be unique to a particular brand of product or type of service. If this situation exists, equal consideration will be given to all Bidders/Consultants whose items, in the opinion of the City, meets or exceeds performance in these areas.

4.14. Default By Bidders/Consultants/Contractor

In the event of default by Bidder/Consultants/Contractor, the City reserves the right to procure the services from other sources, and hold the Bidders/Consultants/Contractors liable for any excess costs occasioned thereby. Additionally, a contract shall not be assignable by the Bidders/Consultants/Contractors in whole or in part without the written consent of the City of Springfield.

4.15. Performance and Payment Bond

(a) The City may require Contractors to furnish a satisfactory performance bond and a bond for the payment of all materials used and for all labor performed in such work with good and sufficient sureties in amounts up to one hundred percent of the contract sum. In such case the Contractor shall also include in the bond a provision guaranteeing the faithful performance of any prevailing wage requirement.

(b) If, in the opinion of the City Purchasing Agent, such bonding is in the public interest the requirement shall be set forth in the Specifications contained in Section II of this booklet.

(c) When required by the Specifications, the Contractor shall furnish said bond within fourteen (14) calendar days after notification of the bid award. Failure to furnish a performance bond and a payment bond within the period specified shall be cause for rejection of the bid and any bid security may be retained by the City as payment for damages

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4.16. Termination

Failure to comply with the terms and conditions as herein stated shall be cause for termination of the contract. The City will provide a written notice of unsatisfactory performance and the Bidder/Consultant or Bidders/Consultants will be allowed adequate time, typically thirty (30) days, to take corrective action and accomplish satisfactory performance. If at the end of the stated time to correct, the City may deems that the Bidder/Consultant or Bidders'/Consultants' performance is still unsatisfactory, the contract may be terminated. The exercise of its right of termination shall not limit the City’s right to seek any other remedies allowed by law. The City's may also terminate the contract immediately if the applicable federal, state or City funding sources terminate or suspend funds, fail to appropriate funds, or otherwise make funds available for the contract.

4.17. Rejection of Bids, Waivers or Irregularity

The City reserves the right to reject any or all bids, to waive irregularities, and to accept that bid which is considered to be in the best interest of the City. Any such decision shall be final. Any and all bids received in response to an advertisement may be rejected by the Mayor.

4.18. Prevailing Wage

See Addendum 7.1. (If Addendum 7.1 is not attached, this Section does not apply)

4.19. Responsible Bidder

To be considered a responsible bidder on a construction contract, a bidder must comply with all of the following requirements and present satisfactory evidence of that compliance to the appropriate construction agency:

(1) The bidder must comply with all applicable laws concerning the bidder’s entitlement to conduct business in Illinois.

(2) The bidder must comply with all applicable provisions of the Prevailing Wage Act.

(3) The bidder must comply with Subchapter VI (“Equal Employment Opportunities”) of Chapter 21 of Title 42 of the United States Code (42 USC 2000e and following) and with Federal Executive Order No. 11246 as amended by Executive Order No. 11375.

(4) The bidder must have a valid Federal Employer Identification Number or, if an individual, a valid Social Security Number.

(5) The bidder must have a valid certificate of insurance showing the following coverages:

general liability, professional liability, product liability, workers’ compensation, completed operations, hazardous occupation, and automobile.

(6) The bidder and all bidder’s subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training.

(7) For contracts with the City of Springfield, the City may establish additional requirements for responsible bidders. These additional requirements, if established, shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.

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(8) The bidder must submit a signed affidavit stating that the bidder will maintain an Illinois office as the primary place of employment for persons employed in the construction authorized by the contract.

(9) The bidder must not have any judgment or convictions of any federal, state or local law or regulation. The bidder must also disclose any pending case pertaining to a violation of any federal, state or local law or regulation.

4.20. Local Preference Policy

In accordance with the requirements of Section 38.45 of the City Purchasing Code, it is the policy of the City of Springfield to afford local vendors preference in the selection of the successful bidder if (1) the lowest bidding vendor is a responsible bidder and (2) the lower responsible bidders are not local vendors and (3) the lowest bidding local vendors bid is higher than the nonlocal vendor by no more than five (5) percent in the case of a city local vendor or by no more than three (3) percent in the case of a county local vendor.

Definitions - As used in this section the following definition shall apply unless the context otherwise requires: A local vendor means a bidder has established and maintained a physical presence in the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor, by virtue of the ownership or lease of all or a portion of a commercial building for a period of not less than twelve consecutive months prior to the submission of a bid; and the local vendor employs a minimum of two full-time employees at the location in the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor, and those employees spend the majority of their work time at the location in the city, in the case of a city local vendor, or in Sangamon County, Illinois, in the case of a county local vendor; and the local vendor is legally authorized to conduct business within the State of Illinois and the city, in the case of a city local vendor, or in Sangamon County, Illinois, outside the city, in the case of a county local vendor.

This provision shall not be applied to a contract if the funding source prohibits it through law, rule or regulation.

4.21. Local Labor Policy

See Addendum 7.3. (If Addendum 7.3 is not attached, this Section does not apply).

4.22. Security

The Bidder/Consultant represents and warrants to the City that neither it nor any of its principals, shareholders, members, partners or affiliates, as applicable, is a person or an entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated or Blocked Person. The Bidder/Consultant further represents and warrants to the City that the Bidder/Consultant and its principals, shareholders, members, partners, or affiliates as applicable, are not directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as Specially Designated National and Blocked Person. The Bidder/Consultant hereby agrees to defend, indemnify and hold harmless the City of Springfield, and all City elected or appointed officials, officers, employees, agents, representatives, engineers and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and

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4.23. Indemnification

Bidder/Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Bidder's/Consultant’s legal counsel unacceptable, then Bidder/Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Bidder/Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of Illinois and will survive termination of this Agreement.

4.24. Multi-year Contracts

The City's fiscal year ends on the last day of February. The City's obligations on multi-year contracts and contracts extending from one fiscal year to another shall terminate immediately and without further payment being required if the City Council or applicable federal/state funding sources fail to appropriate, or otherwise make available, funds for the contract.

4.25. Severability

If any provision of this contract or any applications thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without such invalid provision or application.

4.26. Choice of Law and Forum

This contract is to be construed in accordance with the laws of the State of Illinois and any legal proceeding of any kind shall be filed in the Circuit Court of Sangamon County, Springfield, Illinois.

4.27. Execution of Contract

(a) The successful bidder will be required to execute the Contract Execution Page on the form provided in Section 8 of this booklet with signature acknowledged and signed in the manner set forth here.

1) In case of a corporation, the full legal name of the corporation and title of the officer signing must be stated, and any officer signing must be thereunto duly authorized to bind the corporation (the City reserves the right to require a certified copy of that section of Corporate Bylaws or other authorization by the Corporation which permits the person to execute the offer for the Corporation).

2) In the case of a partnership, the signature of at least one of the general partners must follow the firm name, using the term "member of the firm" or similar designation.

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3) In case of a sole proprietorship, the signature of the owner must follow the firm name using the term "doing business as," "sole owner," or similar designation.

4) In all cases the name of the individual signing shall be typed or printed below the signature.

(b) The City reserves the right to require of any bidder, such information necessary to satisfy the City of the bidder's qualifications and to withhold formal signing of the contract until such information is received.

4.28. Freedom of Information Act

Contractor acknowledges that the Freedom of lnformation Act, 5 ILCS 140/1 et seq. (the "ACT") places an obligation on the City to produce certain records that may be in possession of the Contractor and the Contractor’s bid documents after a final award has been made. Contractor shall comply with the retention and documentation requirements of the Local Records Retention Act 50 ILCS 205/1 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act (complying in all respects as if the Contractor was, in fact, the City). Upon notice from the City, Contractor shall review its records promptly and produce to the City within two business days of said notice from the City the required documents which are responsive to a request under the Act. If additional time is necessary to comply with the request, the Contractor may request the City to extend the time to do so, and the City will, if time and a basis for extension under the Act permits, consider such extensions. In the event Contractor fails to produce the requested records or fails to produce the requested records within the time period required above and the City is assessed a fine, fee or penalty for failure to timely comply with Act do to Contractor’s actions, Contractor shall reimburse City for all fines, fee or penalties, including reasonable attorney’s fees, paid by the City.

4.29. Preference to Veterans

In accordance with the provisions of 330 ILCS 55/1 et seq,. in all employment to fill positions in the construction, addition to, or alteration of all public works contracted for by the City of Springfield, preference shall be given to persons who were engaged in the military or naval service of the United States in times of war and who were honorably discharged therefrom, and all persons who were engaged in such military or naval service during any of said times of war, who are now or may hereafter be on inactive or reserve duty in such military or naval service, who were honorably discharged therefrom, not including, however, persons who were convicted by court martial of disobedience of orders, where such disobedience consisted in the refusal to perform military service on the ground of alleged religious or conscientious objections against war. But such preference shall be given only to those persons who are found to possess the business capacity necessary for the proper discharge of the duties of such employment. No person contracting for such public works is required to give preference to veterans, not residents of the City, over residents thereof, who are not veterans.

4.30. Employment of Illinois Workers on Public Works Projects

(a) In accordance with the provisions of 30 ILCS 570/1 et seq,. whenever there is a period of excessive unemployment in Illinois, every Contractor on a public works project or improvement shall employ only Illinois laborers on such project or improvement provided that other laborers may be used when Illinois laborers as defined in this Act are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City Purchasing Agent.

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(b) A "period of excessive unemployment" as defined by this Act means any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded five percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures.

(c) Commitment for Equal Employment Opportunity – Contractor shall adhere to the provisions of Chapter 93 of the 1988 City of Springfield Code of Ordinances, as amended, and particularly Section 93.09 regarding prohibition of unfair employment practices, and Section

93.13 regarding affirmative action programs.

Pursuant to Article VII, Chapter 38, Sections 38.62 and 38.63, of the Code of Ordinances of the City of Springfield, the City has a policy to promote and encourage: (1) the continuing economic development of minority and female owned and operated businesses; and (2) that minority and female owned and operated businesses participate in the City’s procurement process as both prime and subcontractors. The Contractor shall adhere to all such provisions of Chapter 38 as relates to Equal Employment Opportunity and Affirmative Action.

(d) Preference for Domestic Products - In accordance with the requirement of Section 38.35 of the City Purchasing Code authorizing the Purchasing Agent to "take into account other pertinent considerations" in the award of contracts, it is the policy of the City of Springfield that when all other financial considerations of bids are substantially equal, preference shall be afforded in the selection of the successful bidder to companies that offer domestic products. Pursuant to the Steel Products Procurement Act, 30 ILCS 565/1 et seq., all steel products used or supplied in the performance of public works contracts or subcontracts thereto involving an expenditure of $500.00 or more shall be manufactured in the United States.

(1) Definitions - As used in this section the following definitions shall apply unless the context otherwise "Product" means any article, material or supply, whether manufactured or non-manufactured, that is to be acquired by the City.

"Domestic Product" means a non-manufactured product that has been mined or produced in the United States, or a…