city of springfield ue27-08-38 adss fiber optic cable PurchasingPDFHandler.ashx.pdf

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: UE27-08-38

CONTRACT NAME: ADSS Fiber Optic Cable

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 UE27-08-38 – ADSS Fiber Optic Cable. Bids must be submitted via the City's Bid Portal by Thursday, September 10, 2026, at 2:00 p.m. local time.

Department: City Water Light & Power Bid Security: N/A

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: August 25, 2026 Pre-Bid Meeting: N/A Pre-Bid Meeting/Site Visit: N/A Pre-Bid Location: N/A Questions Due to City: August 31, 2026, 12:00 p.m.

Response from City: September 2, 2026, 4:30 p.m.

Bids Due/Opening: Thursday, September 10, 2026, 2:00 p.m.

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ADSS Fiber Optic Cable

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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

Some bids may require a pre-bid meeting, which could be mandatory or non-mandatory.

For mandatory meetings, only attendees may submit bids. Meeting details will be posted on the City’s website.

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

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SPECIFICATIONS FOR

ADSS FIBER OPTIC CABLE

INTENT

The intent of this contract is for the City of Springfield, Office of Public Utilities (CWLP) to enter into a five (5) year contract for the purchase of 72 strand Rodent Resistant ADSS Fiber Optic Cable.

CONTRACT LENGTH

This Contract will be in effect from the date of the award for sixty (60) months. If it is mutually agreeable with the City and the Contactor, this Contract may be extended. Any Contract covering the additional period shall be extended under the same terms, conditions, specifications, quantities and costs as the original Contract. Before any extension is effective, it must be executed by both the City and the Contractor and approved by the City Council.

The City or Contractor may, with or without cause, terminate this contract with thirty (30) days written notice.

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 are to list any and all exceptions to these specifications.

DELIVERY REQUIREMENTS

All materials shall be delivered DDP, Incoterms© to:

Office of Public Utilities City Water Light and Power 1600 South Groth Street Springfield, IL 62703

Deliveries to be made only upon the receipt of a purchase order from the City Purchasing Agent.

The Groth Street Service Center will receive equipment from the hours of 8:00 am & 11:00 am and 11:30 am & 3:00 pm, Monday through Friday.

Notice of impending delivery shall be made with 24-hour advance notice to the Electric Storeroom Supervisor at (217) 757-8520, ext. 2206

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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.

SCOPE

All material shall be per the City specifications.

For bidding purposes, the City has listed on the price page, approximate footage of wire that may be required for the year. It shall be understood that the City reserves the right to order only those sizes and quantities of wire as may actually be required. Therefore, the City does not guarantee any minimum or maximum quantity.

ECONOMIC ADJUSTMENT CLAUSE

In the event Vendor’s cost for any item covered by this contract should increase by more than five percent (5%) during the period of time in which the contract is in effect, Vendor shall, by submission of proof of such increase to the City, be entitled to adjust the price by an amount sufficient to compensate it completely and precisely for such increase. The claim for adjustment must be made and verified prior to the delivery of any materials.

In the event such costs should decrease by more than five percent (5%) during the period of time in which the contract is in effect, the Vendor SHALL adjust the price downward to compensate the City completely and precisely for such decrease.

Vendor must submit documentation of his cost increase to David Barker, Electric Stores Supervisor, 1600 S. Groth Street, Springfield, Illinois, 62703. Documentary evidence shall consist of, but not necessarily be limited to manufacturer’s dated price lists or copies of actual invoices. Such increases in cost to the Vendor by his supplier must be representative of manufacturer’s general price increases to the entire industry. The City will adjust the bid price in a precise dollar and cents (not percentage) amount to compensate the Vendor for his price increase. No “Pass Through” of profit percentages is allowed.

Price adjustments will not be allowed for 120 days after establishment of the contract.

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TECHNICAL SPECIFICATIONS

Along with the cable specifications the following items are required

1: The cable must have “CWLP 217-789-2121” printed every 3 feet or 1 meter.

2: The cable must have the length printed every 3 feet or 1 meter.

3: The cable must contain rodent resistant properties.

Specification for ADSS® Fiber Optic Cable

Rrepresentative 6 unit Fiber Optic Core

Binder Tape

Color Coded Buffer Tube

Central Strength Member

Representative ADSS® Fiber Optic Cable

Outer Jacket

Aramid Yarn

Inner Jacket

Optical Core

72 strand Single-mode

Sag / Tension Performance Span Length (ft) 600

Add'l Input Data Resultant Data Wind Radial Ice Load Vert. Horiz. Vector Vert. Horiz Vector Tension

Condition (mi/hr) (inches) (lbs/ft) (ft) (ft) (ft) (ft) (ft) (ft) (lbs) Installation --- --- --- 6.0 --- --- 5.94 --- 5.9 864 Ice Alone --- --- --- --- --- --- --- --- --- --- Wind Alone --- --- --- --- --- --- --- --- --- --- Ice and Wind --- --- --- --- --- --- --- --- --- --- NESC Heavy 40.0 0.50 0.3 19.8 --- --- 19.80 13.6 24.0 2,340 Other --- --- --- --- --- --- --- --- --- ---

Standard NESC / CSA condition based on Ice Density of 57 lbs/ft³

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Standards Designed and Manufactured in accordance with the following:

Fiber · Single-mode Fiber: ITU-T G.652D/G.657.A1

Cable · IEEE 1222 Color Code · ANSI/EIA 359-A, TIA 598-D, IEC 60304

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Mechanical / Physical Details Approximate Cable Diameter 14.6 mm 0.575 in

Approximate Cable Weight 170 kg/km 0.114 lbs/ft

Maximum Rated Cable Load (MRCL) 1,832 kg 4,038 lbs

Approximate Cable Breaking Strength 3,118 kg 6,873 lbs

Minimum Bending Radius Static 22 cm 9 in

Dynamic 30 cm 12 in

Coefficient of Linear Expansion 7.54E-06 1/°C 4.19E-06 1/°F

Cable Modulus Initial 9.75 kN/mm² 1,414.7 kpsi

Final 10.52 kN/mm² 1,525.6 kpsi

10 Year 8.13 kN/mm² 1,178.9 kpsi

Environmental Temperature Recommendations Storage

-50 to +70 °C

-58 to +158 °F Operation -40 to +70 °C -40 to +158 °F

Installation -30 to +70 °C -22 to +158 °F

Optical Details Attenuation Characteristics for Single-mode fibers Max Individual 0.40 dB/km 1310 nm 0.30 dB/km 1550 nm

72 Fiber ADSS Core (6 - 12 fiber buffer tubes) Fiber Unit Fiber Type Count

Blue Single-mode fibers 12 Orange Single-mode fibers 12 Green Single-mode fibers 12 Brown Single-mode fibers 12 Slate Single-mode fibers 12 White Single-mode fibers 12

Total Fiber Count 72 Standard Fiber Color Code

Fiber No. 1 2 3 4 5 6 7 8 9 10 11 12 Color Blue Orange Green Brown Slate White Red Black Yellow Violet Rose Aqua

1) Designs with more than 12 fibers per tube will use the standard color code and binders for identification of the fibers.

2) Designs with mixed fiber types will have multimode or NZDS fibers in the first tube(s) followed by single-mode fibers in the last tube(s).

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Installation and Handling Recommendations Installation and cable preparation procedures are outlined in the document below.

Quick Reference Installation Notes

Approximate Cable Diameter 14.60 mm 0.575 in Maximum Stringing Tension (at tensioner)* 624 kg 1,375 lbs Minimum Bull Wheel Diameter 103 cm 41 in Stringing Sheave Diameter** 59 cm 23 in Minimum Bending Radius

Cable Static (No load) Dynamic (under tension)

22 cm 30 cm

9 in 12 in

Fiber After Installation (Static)

3.8 cm

1.5 in

Plastic Buffer Tube After Installation (Static)

8 cm

3 in

* - The stringing tension is always measured at the tensioner side. In general the maximum stringing tension should be a half of the maximum sagging tension and never should exceed 20% RBS of the ADSS Cable.

** - The value indicated is for the first and last structures of the pull and is based on 40 times the diameter of the ADSS cable. Smaller diameters can be used at tangent structures. Reference AFL's installation instructions for more details.

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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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11 of 30 August 25, 2026 bid submission deadline. It is the Consultant’s responsibility to check with Central Purchasing Department prior to submitting their bid to ensure that they have received all Addenda issued.

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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14 of 30 August 25, 2026 expenses (including reasonable attorneys’ fees and costs) arising from or related to any breach of the foregoing representation and warranties.

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 manufactured product determined to be domestic in accordance with the rules for determination of origin prescribed below “United States" means the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Commonwealth of Northern Mariana Islands.

"Substantially Equal" means that the successful bid is within two percent (2%) of the next lowest responsible bid. However, the bids shall not be substantially equal where the two percent difference is equal to or greater than Ten Thousand Dollars ($10,000.00).

(2) Determination of Origin - In order for a manufactured product to be considered a domestic product the cost of the domestic components must exceed fifty percent (50%) of the cost of all its components, and the final assembly of the components to form the end product must take place in the United States.

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In determining the origin of components, each component must be treated as either entirely domestic or entirely foreign, based on the place where the component is mined, produced, or manufactured. Components of unknown origin must be treated as foreign.

The origin of subcomponents of components is immaterial.

Transportation costs to the place of incorporation into the end product and, in the case of foreign components, applicable duties, must be included in determining component costs. The cost of a component is the price that a manufacturer must pay to a Subcontractor or supplier for components. If the component is manufactured by the bidder or offeror, the cost of the component is the cost of labor and materials incorporated into the component and an allowance for profit and administrative and overhead costs attributable to that component under normal accounting principles.

“Component" means any article, material, or supply, whether manufactured or unmanufactured, directly incorporated into a product at the point of final assembly. In construction projects, materials delivered to the job site and incorporated directly into the improvement are components.

(3) Waiver by the City - The requirements of this Section may be waived where the Purchasing Agent and the Director of the Office of Budget and Management or their designees, jointly certify in writing to the Mayor that:

The City is in need of products, including spare parts, in order to either economically operate equipment or systems procured by the City prior to the effective date of this ordinance, or to meet public health, safety, or welfare concerns; or

The specified products are not manufactured or produced in the United States in sufficient commercial quantities or of a satisfactory quality to meet the City's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the City's requirements; or

Federal or State funding could be jeopardized or the application of this requirement would otherwise be inconsistent with the best interest of the City.

4.31. Change Orders and Modifications

Any and all change to the contract, including change orders, shall be requested in writing to the Purchasing Agent or designated contact person, including the reason(s) and supportive documentation for the requested change. Any and all change orders shall also comply with and be subject to Section 33E-9 of the Illinois Criminal Code.

4.32. Specifications Shall Control

In case of any conflict between these Instructions and the Specifications contained in Section 4 “Scope of Work” and Section 5 “Proposal Pricing”, the Specifications contained therein shall control.

4.33. Asbestos

Unless otherwise provided in the Specifications, Contractors are forbidden to disturb any material suspected of containing asbestos. Asbestos has traditionally been used in insulating materials, fireproofing, acoustical products and roofing materials. The Contractor shall pay particular attention to

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4.34. Sales Tax Exemption

(a) Pursuant to State law, the City of Springfield is exempt from the payment of sales tax on any item it buys directly from a supplier. If the Contractor purchases items for the use of the City, the Contractor is also exempt from sales tax on items which at the end of the project become the property of the City of Springfield.

(b) Items which do not become the property of the City and items which are used up in construction (an example would be fuel oil for machinery) are taxable. Any questions about the taxability of specific items can be resolved by the Illinois Department of Revenue.

4.35. Entire Contract Clause

"Contract Documents" or "Documents" as used herein, shall refer to the Notice, Instructions to Bidders and General Conditions, Specifications and Drawings (if applicable), Proposal Form and Bid Sheet, the Contract Execution Page and any applicable addenda and any modifications thereof incorporated in the Documents. The Contract Documents form the entire contract and represent the final agreement between the parties’ subject only to modifications hereinafter agreed upon in writing and signed by the parties in accordance with these instructions.

4.36. Applicable Laws and Acts

The bidder's attention is directed to the fact that all applicable federal, state and municipal laws, ordinances, rules and regulations, and codes of all authorities having jurisdiction shall apply to the Contract Document throughout and they are deemed to be included herein the same as though herein written out in full; including but not limited to the Occupational Health and Safety Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the National Labor Relations Act, the Federal Civil Rights Act, the Illinois Human Rights Act, the Illinois Wage and Hour Law, and the Prevailing Wage Act, and Percentages of city resident work hours on construction projects with an estimated contract value of $100,000 or more. Failure to comply with Federal, State, and Local Laws on prior bids and prior contract work may result in disqualification of a bidder on a subsequent bid. Contracts subject to bidding requirements shall be awarded to the lowest responsible bidder which includes consideration of a bidder’s compliance with Federal, State, and Local Laws. (See Section 38.35 of the City Code)

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REQUIRED FORMS

UNLESS OTHERWISE

STATED IN SECTION 3,

ONLY SECTIONS 5 & 6 OF

THIS BOOKLET NEED TO

BE SUBMITTED FOR

BIDDING.

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SECTION V

5. PROPOSAL PRICING

PRICE PAGE FOR

ADSS FIBER OPTIC CABLE

Price to furnish and deliver:

BASE BID

A. 72 Strand ADSS Fiber Optic Cable (Cost per foot)

$ /foot

Estimated annual footage x 23,000 feet

B. Estimated Annual Extended Cost for 72 Strand (Cost per ft x 23,000)

TOTAL (B * 5 YEARS)

Bidder shall enumerate any and all exceptions to the specifications:

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SECTION VI

6. CERTIFICATIONS

1. The undersigned bidder submits with this proposal and bid sheet, all information as called for, together with complete manufacturer's specifications covering any equipment bid upon.

2. The following proposal or bid sheet may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. If written notice of the acceptance of this proposal or bid sheet is mailed, telegraphed or otherwise delivered to the undersigned within ninety (90) calendar days after the date of opening of the bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) calendar days after the date of such mailing, telegraphing or delivery of such notice, execute and deliver the Contract Execution Page provided in Section 8 of this booklet.

The undersigned bidder hereby designates as his office to which such notice of acceptance may be mailed, telegraphed or delivered as follows:

Name of Vendor: ______________________________________________________________

Contact Name: _______________________________________________________________

Vendor Address:

Vendor E-Mail: _______________________________________________________________

Phone: ______________________________

3. The undersigned bidder states that he has been regularly engaged in work of the type required by the specifications herein for years and respectfully invites your attention to the following products and/or services:

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4. The undersigned bidder hereby declares that the only person or persons interested in the above proposal as principals are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

Please confirm

*Response required

5. The undersigned bidder hereby certifies that it is not barred from bidding on any contract offered for bid by the State of Illinois or any unit of local government as a result of a conviction for violating Sections 33E-33 or 33E-4 of the Illinois Criminal Code.

6. The undersigned bidder hereby certifies that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. If the undersigned bidder has entered into an agreement with the Department of Revenue for the payment of any taxes that are past due and is in compliance with that agreement, the bidder shall so state.

7. The undersigned bidder agrees to make and comply with the commitments to provide equal employment opportunity in accordance with the requirements of Title 9, Chapter 93, and Section

93.13 of the Code of the City of Springfield as described in paragraph 4.30(c) of the Terms and Conditions.

8. In order to receive the Preference for Domestic Products, the bidder must certify the products being offered conform to the definition of "Domestic Product" described in paragraph 4.30(d) of the Terms and Conditions.

Please confirm

*Response required

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9. All contractors bidding on Annual Goal Contracts with the City shall, in accordance with the requirements contained in this booklet pertaining to minority and female owned businesses, certify to the availability or non-availability of Subcontracting Opportunities by selecting the statement below that applies to this bid. If the contractor certifies to (b) the contractor is required to attach proof of publication and complete the MBE/FBE Utilization Form attached hereto as Attachment A or M/FBE Participation Waiver Request found in Attachment B.

(a) The undersigned bidder will not award subcontracts in the performance of this contract.

(b) The undersigned bidder will award subcontracts in the performance of this contract and all proposals received from the interested MBE/FBE businesses are listed on Attachment A (with Attachment B Waiver if applicable).

Please select one

10. In order to receive the preference for local bidders described in paragraph 4.20 of the Terms and Conditions, the bidder must certify by placing his/her signature in the space provided below, that the bidder has established and maintained a physical presence with the City in accordance with City of Springfield Code of Ordinances, Section 38.45.

Local Vendor – City of Springfield, Illinois

Local Vendor – Sangamon County, Illinois

Non-Local Vendor

Please select one

11. The undersigned bidder hereby certifies that it and any subcontractors who will be performing work under this public works project are participants in an applicable apprenticeship and training program or programs approved by and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training.

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12. Pursuant to the City of Springfield Code of Ordinances, Section 38.23 (a) (1), each bidder must supply with its proposal, a complete, accurate and truthful listing and description of all citations, complaints, summons, decisions, determinations, judgments, or other allegations or findings relating to any violation of State or Federal laws. Any bidder who willfully fails or refuses to include the information required, or whose report of such information is substantially incomplete, inaccurate, or untruthful shall be disqualified and its bid shall be rejected.

None

List Attached

13. The undersigned bidder hereby certifies that the following is a complete, accurate and truthful listing and description of all information required pursuant to the City of Springfield Code of Ordinances, Section 38.23 (a) (1).

We certify:

13 (a) If your organization is a corporation, limited liability company, limited liability partnership, or limited partnership, etc., you must provide a copy of your current certification of good standing from your State of incorporation with your bid. Failure to do so may result in the rejection of your bid.

13 (b) Pursuant to Illinois law as it pertains to foreign corporations, foreign limited liability companies, foreign limited liability partnerships, or foreign limited partnerships; you may be required to register with the Illinois Secretary of State. A foreign entity is an entity organized or incorporated in a state other than Illinois.