Lake Wee-Ma-Tuk Dams - Project Documents~1.pdf

PROJECT DOCUMENTS

Lake Wee-Ma-Tuk Hills Dams Project

AML-IFuE-2304

January 6, 2026

Illinois Department of Natural Resources

Division of Abandoned Mined Lands Reclamation

Room 1302, Alumni Hall, SIUE

Edwardsville, IL 62026

(618) 650-3197

ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR)

PROJECT REQUIREMENTS & SPECIFICATIONS

Project Name: Lake Wee-Ma-Tuk Hills Dams Project Project Number: AML-IFuE-2304 Project Location: Wee-Ma-Tuk Hills Residential Development, Fulton County

PROJECT LOCATION:

The Wee-Ma-Tuk Hills Residential Development is located midway between Canton and Cuba on the north side of County Highway 5 (Hickory Road). The development is located primarily in Sections 2, 3, and 4, T6N, R3E, 4th PM. Numerous lakes are located within the residential development, and property within the development consists of appx 360 lot owners. The four dams of concern within the Lake Wee-Ma-Tuk development are Long Lake, Stevens Lake, Hanks Lake, and McCamey Lake.

PROJECT NARRATIVE:

The project includes modifications to the four dams of concern; Long Lake, Stevens Lake, Hanks Lake, and McCamey Lake. Modifications will generally include improvements to bring the dams into compliance with current regulatory standards. These improvements include, but are not necessarily limited to, clearing and regrading embankments, removal and replacement of outlet structures, slope protection and revetment, and installation of guardrail.

The scope of work for this project has been further detailed in plans and special provisions (specifications) prepared by WSP USA, Inc. and Veenstra & Kimm, Inc. under contract for professional services with the Illinois Department of Natural Resources, Division of Abandoned Mined Lands Reclamation (IDNR/AML).

CONSTRUCTION SCHEDULE:

Starting Date of the Contract. Weather permitting, work on the project shall commence within 30 days of issuance of the Notice to Proceed. The Contractor shall contact IDNR/AML to provide notification of the anticipated starting date.

Construction Ending Date. All work on the project shall be substantially completed within 9 months of the Notice to Proceed.

Contract Ending Date. Final clean-up, final inspection, any alterations, repairs, remedial or holdover work, reseeding, and submission of the final pay request shall be completed prior to the contract ending date.

The contract shall end 1 year after the contract execution date.

PROJECT REQUIREMENTS:

Existing Roadways. Township roads within the residential development may be used for construction traffic at the discretion of the Township Commissioner. Any weight restrictions, use and damage agreements, or other limitations imposed by the Township Commissioner or other governmental authority shall be followed and shall not be reason for contract modification (time or amount). Any damages to public roadways shall be repaired to the satisfaction of the Township Commissioner or other governmental authority with jurisdiction of the roadway(s).

Traffic Control. Traffic control shall be in accordance with the applicable sections of the IDOT Standard Specifications for Road and Bridge Construction, the applicable guidelines contained in the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways, IDOT Special Provisions, and any details and Highway Standards identified in the project plans and special provisions (specifications) for this project.

The Contractor shall schedule the sequence of construction at each location to minimize impacts to the traveling public. The Contractor shall maintain access across each dam and shall maintain access controls at all time during construction. A traffic control plan shall be provided as part of the pre-construction submittal process.

Temporary Controls. The Contractor shall provide positive methods and apply dust control materials to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from dispersing into the atmosphere. All work associated with this item shall be considered incidental to the contract unless explicitly covered by specification provisions.

The Contractor shall initiate and maintain a specific program to prevent accumulation of debris at the construction site, storage and parking areas, or along access roads and haul roads. All work associated with this item shall be considered incidental to the contract unless explicitly covered by specification provisions.

The Contractor shall provide methods, means and facilities required to prevent contamination of soil, water or atmosphere by the discharge of noxious substances and sediments from the construction operations. All projects involving the disturbance of one or more acres are covered by NPDES General Permit Number ILR100000, issued by the Illinois Environmental Protection Agency (IEPA) for storm water discharges from construction site activities. The Contractor shall be required to comply with the provisions of the General Permit.

Site Restoration. All disturbed areas shall be restored to conditions identified in the project plans and specification, or at a minimum to conditions that existed prior to construction.

Owner Occupancy. Property owners may occupy premises during the construction period. The Contractor shall cooperate with owners in scheduling operations and providing property access.

Additional Work. During the performance of this construction contract, the Contractor shall not enter into any agreement to provide additional work for or at the direction of the owner(s) of the property where the reclamation shall take place, or with the owner(s) of adjacent or nearby property, without the prior written approval of the IDNR/AML. The Contractor agrees that any additional work to be performed for such owners, after approval by the IDNR/AML, will not be permitted to interfere with the scheduled operations or planned reclamation results specified for the reclamation project. The Contractor further agrees to indemnify and hold harmless the IDNR/AML against any and all claims for personal injury or property damage arising out of or occasioned by the additional work.

Underground Utilities and Other Obstructions. It shall be the sole responsibility of the Contractor to locate and avoid all underground utilities, facilities, and other structures and obstructions and for that purpose shall employ all necessary precautions and methods to insure avoidance of and/or damage to such underground conditions. In the event such damage does occur, the Contractor shall be solely liable, therefore, and shall notify the affected owner and the IDNR Project Manager immediately and make or have made all necessary repairs and bear the expense thereof and all resulting damage caused thereby.

PROJECT PLANS & SPECIFICATIONS:

Those Sections and Articles of the "Standard Specifications for Road and Bridge Construction," adopted January 1, 2022, by the Illinois Department of Transportation (IDOT); as amended and supplemented by the "Supplemental Specifications and Recurring Special Provisions," adopted January 1, 2024 (hereinafter referred to collectively as "Standard Specifications"), that are referenced in these project documents are incorporated by reference. (The Standard Specifications are available on-line at IDOT’s web site or can be purchased from IDOT.)

In the application of the Standard Specifications to this Contract, references to the Department of Transportation shall be interpreted to mean the Illinois Department of Natural Resources; Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation (IDNR/AML). Accordingly, references to the Engineer shall be interpreted as the IDNR Project Manager or the assigned representative of

IDNR/AML.

Special Provisions (specifications supplementing the IDOT Standard Specifications) for this project have been presented in Attachment A, plans for this project have been presented in Attachment B, and supplemental information has been presented in Attachments C through G.

LEGAL REGULATIONS AND RESPONSIBILTY TO PUBLIC:

Following are supplemental specifications for Section 107 (Legal Regulations and Responsibility to Public) of the IDOT Standard Specifications for Road and Bridge Construction, adopted January 1, 2022.

Article 107.27 Insurance. (delete and replace with the following)

The Contractor shall obtain and thereafter keep in force the following insurance coverage provided by insurance companies acceptable to the Department and authorized to transact business under the laws of the State of Illinois. The insurance companies providing coverage shall be rated in the Best's Key Rating Guide. The Department will accept companies with a rating not lower than B+ provided the financial size category is VII or larger. Companies rated A- or better shall have a financial size category of not less than VI. Coverage limits shall be written at not less than the minimum specified in this Article. Higher minimum limits and additional coverage may be specified by a special provision elsewhere in the contract. Whether stated in this Article or elsewhere, the Department does not warrant the adequacy of the types of insurance coverage or the limits of liability specified.

(a) Workers Compensation and Employers Liability.

(1) Workers compensation shall be provided in accordance with the provisions of the Illinois Worker's Compensation Act, as amended. Notwithstanding the rating and financial size categories stated in this Article, coverage may be provided by a group self-insurer authorized in Section 4(a) of the Act and approved pursuant to the rules of the Illinois Department of Insurance.

(2) Employers Liability

a. Each Accident $500,000

b. Disease - policy limit $500,000

c. Disease - each employee $500,000

(b) Commercial General Liability.

Required liability insurance coverage shall be written in the occurrence form and shall provide coverage for operations of the Contractor; operations of Sub-Contractors (contingent or protective liability); completed operations; broad form property damage and hazards of explosion, collapse and underground; and contractual liability. The general aggregate limit shall be endorsed on a per project basis.

(1) General Aggregate Limit $2,000,000

(2) Products - Completed Operation Aggregate Limit $2,000,000

(3) Each Occurrence Limit $1,000,000

The coverage shall provide by an endorsement in the appropriate manner and form, the Department, to its officers, agents and employees shall be named as additional insureds with respect to the policies and any umbrella excess liability coverage for occurrences arising in whole or in part out of the work and operations performed. The Department may accept a separate owner's protective liability policy in lieu of the Department, it's officers, and employees being insured on the Contractor's policy.

(c) Owners and Contractor’s Protective (OCP) Liability.

The Contractor shall provide an OCP policy covering the property owner(s) of the site where the work is to be performed. In the case of multiple owners, all the landowners may be listed as additional insurers on the same policy.

This project will require OCP Policy coverage for appx 10 property owners.

If the Contractor chooses to put the Department on an OCP (in lieu of placing the Department as an additional insured on the Commercial General Liability - see (b) above), then the Department should be listed as the insured, with all landowners listed as additional insured(s). The amounts of insurance shall be as follows:

BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY

Each Occurrence Each Occurrence Aggregate $1,000,000 $500,000 $1,000,000 or

COMBINED SINGLE LIMIT $1,000,000

The required OCP policy shall contain the following endorsement:

"Each named insured shall be provided full coverage under this policy without regard to the fact that such named insured is not in contractual privity with the Contractor. It is understood that the construction operations are performed for and on behalf of the Department, with the consent of the property owner(s)-insured(s). Coverage under this policy with respect to liability arising out of operations shall not be denied to any named-insured because of his passive relationship to the Contractor".

When any named insured is a corporation, insurance coverage under the OCP policy shall extend to the Corporation, its officers, agents, and employees.

(d) Commercial Automobile Liability.

The policy shall cover owned, non-owned and hired vehicles.

BODILY INJURY & PROPERTY DAMAGE LIABILITY

Each Occurrence $1,000,000

(e) Umbrella Liability.

Any policy shall provide excess limits over and above the other insurance limits stated in this Article. The Contractor may purchase insurance for the full limits required or by a combination of primary policies for lesser limits and remaining limits provided by the umbrella policy.

When work is to be performed within railroad right-of-ways, the requirements of Article 107.11 of the Standard Specifications will also apply.

All insurance shall remain in force during the period covering occurrences happening on or after the effective date and remaining in effect during performance of the work and at all times thereafter when the Contractor may be correcting, removing or replacing defective work until notification of the date of final inspection. Termination or refusal to renew shall not be made without 30 days prior written notice to the Department by the insured(s) and the policies shall be endorsed so as to remove any language restricting or limiting liability concerning this obligation.

Certified copies of the original policies or certificate(s) of insurance by the insurer(s) issuing the policies and endorsements setting forth the coverage, limits and endorsements shall be filed with the Department before the Department will execute the contract. A certificate of insurance shall include a statement that, "the coverage and limits conform to the minimums required by Article

107.27 of the Standard Specifications for the Road and Bridge Construction". Any exception or deviation shall be brought to the attention of the Department for a ruling of acceptability. In no event shall any failure of the Department to receive polices or certificates or to demand receipt be construed as a waiver of the Contractor's obligation to obtain and keep in force the required insurance.

All costs for insurance as specified herein will be considered as included in the cost of the contract. The Contractor shall, at its own expense and risk of delay, cease operations if the insurance required is terminated or reduced below the required amounts of coverage. Coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor from its obligation to indemnify in excess of the coverage in accordance with the contract.

OSMRE APPLICANT VIOLATOR SYSTEM:

The successful bidder will be required to complete an Abandoned Mine Land (AML) Contractor Information Form (OMB 1029-0119) certifying or updating information in the Office of Surface Mining Reclamation and Enforcement (OSMRE) Applicant Violator System (AVS). If the successful bidder is not already registered in AVS the contractor shall provide business ownership information as indicated on the form. This form shall be completed and executed prior to commencement of the work. If a contractor is deemed ineligible for performing AML reclamation work the next lowest bidder may be utilized, at the discretion of the IDNR/AML, to complete the work.

BUSINESS ENTERPRISE PROGRAM (BEP) PARTICIPATION

FEDERAL OBLIGATION. The Illinois Department of Natural Resources (Department), as a recipient of federal financial assistance, is required to take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts.

BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT

PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of proposals.

VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of proposals.

CONTRACTOR ASSURANCE. The Contractor makes the following assurance and agrees to include the assurance in each subcontract that the Contractor signs with a subcontractor:

The Contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

This solicitation includes Business Enterprise Program (BEP) and/or Veterans Business Program participation goals and, therefore, requires bidders and offerors to include a BEP Utilization Plan and a VSB Utilization Plan. A “Utilization Plan” includes the form on page 1 of this document, with the Participation Agreement and Schedule(s); any additional documentation required in the instructions that demonstrates a commitment to utilizing certified BEP/VSB subcontractors to meet the targeted, contract-specific goal, described below; and documentation demonstrating Good Faith Effort when requesting a goal waiver or reduction.

A properly completed BEP Utilization Plan and VSB Utilization Plan is due at the time of bid or offer submission. Failure to complete and include a BEP Utilization Plan shall render a bid or offer nonresponsive. 30 ILCS 575/4(f). Non-responsive bids and offers will be rejected by the Agency/University.

In addition to the other award criteria established for this solicitation, the Agency/University will award this contract to a Vendor that meets the contract-specific goal or makes Good Faith Efforts to meet the goal. The goal is applicable to the contract, amendments, modifications, extensions, change orders, and allowances. The Vendor’s Utilization Plan must indicate whether the goal will be met by self-performance or by subcontracting. If the prime Vendor is BEP certified, the entire goal can be met by Prime Vendor self-performance, without subcontracting with another certified BEP vendor. If the prime Vendor is VSB certified, the entire VSB goal can be met by Prime Vendor self-performance. However, the prime BEP or VSB Vendor must submit a Utilization Plan indicating that the goal will be met by self-performance. If a prime Vendor subcontracts any portion of a contract to non-BEP/VSB certified subcontractors, the amount paid for goods or services delivered by those subcontractors will not be counted toward the goal.

Contract (Specific) Goal to be Achieved by Vendor This solicitation includes a contract-specific BEP/VSB participation goal based on certified BEP/VSB vendors available to perform anticipated services and/or provide supplies required by this solicitation. The availability of certified BEP/VSB vendors was determined using The Institute for Public Procurement (NIGP Class and Class Item) codes listed in the Invitation for Bid (IFB), Request for Proposal (RFP), Request for Qualifications (RFQ), or other solicitation documents.

Prime Vendors must only consider NIGP Class and Class Item codes referenced in solicitation documents when selecting BEP/VSB subcontractors or completing a Good Faith Effort. Subject to State Agency/University approval, the Prime Vendor may utilize additional codes to identify BEP/VSB vendors that will be able to perform a commercially useful function under the resulting contract through direct participation. Indirect participation will not be considered towards BEP/VSB goals.

Direct participation includes work that is directly related to the completion of the scope of work of the contract. Indirect participation includes work related to other aspects of the Contractor’s business. The NIGP Class and Class Item codes listed in the solicitation documents, as well as any additional codes selected by the Prime Vendor and approved by the contracting Agency/University, must be entered in Part II: Participation Agreement and Part III: Good Faith Effort Log sections of this Utilization Plan. Bidders seeking a Good Faith Effort waiver or goal reduction must contact all BEP/VSB vendors identified for respective NIGP Class and Class Item commodity/service codes listed in the solicitation documents.

The Prime Vendor must also enter into the Participation Agreement its plan to utilize each BEP/VSB subcontractor, including: (a) the proposed percentage of the contract to be performed by each BEP/VSB subcontractor; (b) the anticipated start date for each BEP/VSB subcontractor; (c) the anticipated dates and time periods of utilization of each BEP/VSB subcontractor; and (d) a detailed description of the work to be performed by each BEP/VSB subcontractor, including identified NIGP Class and Class Item commodity/service codes.

This Utilization Plan must demonstrate that the prime Vendor has either: (1) met the entire contract goal; or (2) requested a full waiver and made Good Faith Efforts towards meeting the entire goal; or (3) requested a goal reduction and made Good Faith Efforts towards meeting a portion of the goal. Submission of Good Faith Effort log and appropriate documentation by Vendor shall be considered as a request for a full or partial goal waiver.

For a Utilization Plan to be considered, at the time of bid or offer, the submitting prime BEP/VSB vendor, if self-performing, or non-BEP/VSB submitting prime Vendor’s proposed BEP/VSB subcontractor(s), must be certified with the Illinois Department of Central Management Services(CMS) Business Enterprise Program as a BEP certified vendor, and Sheltered Workshops must be registered with the State for procurements containing a State Use Program category.

1. Where there is a joint venture between a certified and non-certified vendor, the Utilization Plan must include an executed Joint Venture Agreement specifying the terms and conditions of the relationship between the parties and their rights and responsibilities to the prospective contract. The Joint Venture Agreement must clearly evidence that the BEP/VSB certified vendor will be responsible for a defined portion of the work and its responsibilities, risks, profits, contributions of capital, and personnel are proportionate to its ownership/interest percentage, as well as identifying the appropriate and specific NIGP Class and Class Item codes. It must include specific details related to the parties’ contributions of capital, personnel, equipment, share of costs, insurance coverage, and other items; the scopes to be performed by BEP/VSB certified vendor(s) under its supervision; and the commitment of management, supervisory personnel, and operative personnel employed by the BEP/VSB certified vendor to be dedicated to the performance of the contract. Established Joint Venture Agreements will only be credited toward BEP/VSB goal achievements for specific work performed by the BEP Certified Joint Venture Vendor. Each party to the Joint Venture Agreement must execute the bid or offer prior to submission of the bid or offer to the Agency/University.

2. An agreement between a prime Vendor and a BEP/VSB certified vendor in which a BEP/VSB certified vendor promises not to provide subcontracting or pricing quotations to other vendors is prohibited. The Agency/University may request additional information to demonstrate compliance. Vendor agrees to cooperate promptly with the Agency/University in submitting to interviews, allowing entry to business places, providing documentation, and to soliciting the cooperation of a proposed BEP/VSB certified vendor during investigation. Failure to cooperate by a Vendor and/or BEP/VSB certified vendor may render the bidder or offeror non-responsive or not responsible. A contract will not be awarded to a Vendor unless that Vendor’s Utilization Plan is found responsive.

3. BEP/VSB Certified Vendor Locator References: Firms must be certified with CMS as BEP/VSB certified vendors at the time of bid or qualify for credit toward the goal through participation in the BEP Mentor/Protégé Program. Vendors may consult CMS’ BEP Vendor Directory at www.cms.DiversityCompliance.com.

4. Vendor Assurance: Vendor shall not discriminate based on race, color, national origin, sexual orientation or sex in the performance of this contract. Failure by Vendor to carry out these requirements is a material breach of the contract, which may result in the termination of the contract or such other remedy, as the Agency/University deems appropriate. This assurance must be included in each subcontract that Vendor signs with a subcontractor or supplier.

5. Calculating BEP/VSB Certified Vendor Participation: The Utilization Plan and Participation Agreement(s) identify work and/or goods/equipment anticipated to be provided by all BEP/VSB certified vendors and paid for upon satisfactory completion/delivery, based on NIGP Class and Class Item Code(s). Only the value of payments made for services performed and/or actual supplies/goods/equipment provided by BEP/VSB certified vendors is counted toward the contract goal. Applicable guidelines for counting payments attributable to contract goals are summarized below.

5.1. The value of performed work and/or goods/equipment provided by the BEP/VSB certified vendor for the resulting contract shall be counted towards the goal.

The entire amount of that portion of the contract that is performed by the BEP/VSB http://www.cms.diversitycompliance.com/ certified vendor, including supplies purchased or equipment leased by the BEP/VSB certified vendor shall be counted, except supplies purchased and equipment rented from the Prime Vendor submitting this bid or offer.

5.2. A BEP certified prime Vendor shall count the portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the BEP/VSB certified prime Vendor self-performs toward the goal. A BEP/VSB certified prime Vendor shall also count the dollar value of work subcontracted to other BEP/VSB certified vendors. Work performed by non-BEP/VSB certified parties shall not be counted toward the goal, including work that a BEP/VSB certified vendor subcontracts to non-BEP/VSB certified vendors.

5.3. A Vendor shall count toward the goal 100% of its expenditures for materials and supplies required under the contract and obtained from a BEP/VSB certified vendor manufacturer, regular dealer, or supplier. A Vendor shall also count toward the goal the following expenditures to BEP/VSB certified vendors that are not manufacturers, regular dealers, or suppliers:

5.3.1. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee or commission is determined by the Agency/University to be reasonable and not excessive as compared with fees customarily allowed for similar services.

5.3.2. The fees charged for delivery of materials and supplies required by the contract (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer or a supplier of the materials and supplies being procured, provided that the fee is determined by the Agency/University to be reasonable and not excessive as compared with fees customarily allowed for similar services. The BEP/VSB certified vendor’s trucking firm must actually be responsible for the management and supervision of the entire trucking operation for which it is responsible on the contract; and must itself own and operate at least one fully licensed, insured and operational truck used on the contract.

5.3.3. The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the Agency/University to be reasonable and not excessive as compared with fees customarily allowed for similar services.

5.4. BEP/VSB certified vendors who are performing on a contract as second-tier subcontractors (i.e., subcontractors hired by first-tier subcontractors to perform on the contract) may be counted in meeting the established BEP/VSB goal for this contract where the Prime Vendor will provide monthly documentation indicating the utilization of these vendors by reporting the utilization to the BEP at www.cms.DiversityCompliance.com for State Agencies and by contacting the contract administrator for universities.

5.5 A Vendor shall count towards the goal only expenditures to BEP/VSB firms that perform a commercially useful function constituting direct participation in the work of the contract.

5.5.1. A firm is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. The BEP/VSB certified vendor must also be responsible, with respect to materials or supplies used on the contract, for negotiating price, determining quality and quantity, ordering the materials or supplies, and installing the materials (where applicable) and paying for the materials or supplies. To determine whether a firm is performing a commercially useful function, the Agency/University shall evaluate the amount of work subcontracted, whether the amount the firm is to be paid under the contract is commensurate with the work it actually performs, the credit claimed for its performance of the work, industry practices, and other relevant factors.

5.5.2. A BEP certified vendor does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction or contract through which funds are passed through to obtain BEP/VSB certified vendor participation. In determining whether a BEP/VSB certified vendor is such an extra participant, the Agency/University shall examine industry practices and similar transactions, particularly those in which BEP/VSB certified vendors actually participate in a meaningful way.

5.6. A Vendor shall not count towards the goal expenditures that are not direct, necessary and related to the work of the contract. Only the amount of services and/or goods that are directly attributable to the performance of the contract shall be counted.

Ineligible expenditures include, but are not limited to, general office overhead and other Vendor support activities, unless allowed by the Agency/University.

6. Good Faith Effort Procedures: Prime Vendors must submit in their bid a Utilization Plan and Participation Agreement(s) that meet or exceed the published goal. If a Prime Vendor cannot meet the stated goal, it must fill out and attach Part III of this document, explaining the Good Faith Efforts it undertook to meet the goal, including contacting all certified BEP/VSB vendors that fall under the scope of work/NIGP Class and Class Item codes identified in the solicitation documentation. Utilization Plans and attached documentation is due at the time of bid or offer submission. The Business Enterprise Council (“Council”) or its delegate will consider the quality, quantity, and intensity of the Vendor’s efforts to meet the BEP goal. The procuring Agency/University will consider the quality, quantity, and intensity of the Vencor’s efforts to meet the VSB goal.

The Utilization Plan contains a checklist of actions that the Council or its delegate will consider as evidence of Vendor's Good Faith Efforts to meet the BEP goal and that the Agency/University will consider as evidence of Vendor’s Good Faith Efforts to meet the VSB goal. Documentation that alters or replaces the Utilization Plan and/or Participation http://www.cms.diversitycompliance.com/

Agreement(s), other than supplemental documentation, will not be considered during the Utilization Plan review.

6.1. In evaluating Vendor’s Good Faith Efforts, the Council, its delegate, or an Agency/University as applicable may consider whether the ability of other bidders or offerors to meet the contract goal suggests that Good Faith Efforts could have resulted in Vendor meeting the goal.

6.2. If the Council, its delegate, or an Agency/University determines that Vendor has made Good Faith Efforts to meet the BEP and VSB goal, respectively, the Agency/University may award the contract provided that Vendor is otherwise eligible for award.

6.3. If the Council, its delegate, or an Agency/University, as applicable, determines that Good Faith Efforts have not been met, the bid or offer may be determined to be nonresponsive by the Chief Procurement Officer.

7. Contract Compliance: Compliance with this section is an essential part of the contract. The following administrative procedures and remedies govern Vendor’s compliance with the contractual obligations established by the Utilization Plan and Participation Agreement(s). After approval of the Utilization Plan and Participation Agreement(s) as well as the award of the contract, the Utilization Plan, including all applicable Parts, becomes part of the contract. If a Prime Vendor requested a waiver due to its inability to obtain BEP/VSB certified vendor participation equal to or exceeding the goal, and the Utilization Plan was approved and contract awarded based upon a determination of Good Faith Effort, the total dollar value of BEP/VSB certified vendor work in the approved Utilization Plan, calculated as a percentage of the total awarded contract value, shall become the final contract goal.

7.1. The Utilization Plan and Participation Agreement(s) may not be amended after contract execution without Agency/University prior written approval.

7.2. Vendor may not make modifications to its contractual BEP/VSB certified vendor commitments or substitute BEP/VSB certified vendors without the prior written Agency/University approval. Unauthorized modifications or substitutions, including performing the work designated for a BEP/VSB certified vendor with Vendor’s own forces, shall be a violation of the Utilization Plan and therefore a breach of the contract, cause to terminate the contract, and cause to seek other contract remedies or sanctions. For Agency/University approval of modifications or substitutions, the facts supporting the modifications or substitutions must not have been known nor reasonably should have been known by the parties prior to entering into the contract and/or subcontract. Vendor must negotiate with BEP/VSB certified vendors to resolve problems. Where there has been a mistake or disagreement about the scope of work and/or goods/equipment required by the contract, the BEP/VSB certified vendor can be substituted, but only where agreement cannot be reached for a reasonable price or schedule for the correct scope of work, goods and/or equipment. Any subsequent change must be submitted to the soliciting Agency/University and BEP Secretary, in writing, and approved by the soliciting Agency/University.

7.3. Substitutions of a BEP/VSB certified vendor may be permitted under the following circumstances:

7.3.1. Unavailability after receipt of reasonable notice to proceed;

7.3.2. Failure of performance;

7.3.3. Financial incapacity;

7.3.4. Refusal by the BEP/VSB certified vendor to honor the bid or proposal price or scope;

7.3.5. Material mistake of fact or law about the elements of the scope of work of a contract where a reasonable price cannot be agreed upon;

7.3.6. Failure of the BEP/VSB certified vendor to meet insurance, licensing or bonding requirements;

7.3.7. The BEP/VSB certified vendor's withdrawal of its bid or offer; and/or

7.3.8. Failure of the BEP/VSB certified vendor to maintain certification.

7.4. If it becomes necessary to substitute a BEP/VSB certified vendor, the prime Vendor must notify the Agency/University and BEP Secretary, in writing, of the request to substitute a BEP/VSB certified vendor or otherwise modify the Utilization Plan and Participation Agreement(s). The request must state specific reasons for the substitution or modification. The Agency/University shall notify the Council or its delegate of the request to substitute a BEP/VSB certified vendor or change the Utilization Plan and Participation Agreement(s). The Agency/University will approve or deny a request for substitution or other change in the Utilization Plan and/or Participation Agreement(s) within five business days of receipt of the request or may request a BEP review of the documentation.

7.5. Where Vendor has established the basis for the substitution to the satisfaction of the Agency/University, it must make Good Faith Efforts to meet the contract goal by substituting one or more BEP/VSB certified vendors. Documentation of a replacement BEP certified vendor, or of Good Faith Efforts to replace the BEP/VSB certified vendor, must meet the requirements of the initial Utilization Plan. If the goal cannot be reached and Good Faith Efforts have been made, Vendor may substitute with a non-BEP/VSB certified vendor.

7.6. Prime Vendors are encouraged to utilize BEP/VSB certified firms. If a Vendor plans to hire a subcontractor for any scope of work that was not previously disclosed in the Utilization Plan and this increases BEP/VSB participation, Vendor must obtain the approval of the Agency/University to modify the Utilization Plan and must make Good Faith Efforts to ensure that BEP/VSB certified vendors have a fair opportunity to submit a bid or offer on the new scope of work.

7.7. If the Prime Vendor wishes to substitute its BEP/VSB certified subcontractor, a BEP/VSB certified vendor Utilization Plan and Participation Agreement must be executed and submitted to the Agency/University within five (5) business days of Vendor’s receipt of the Agency/University approval for the substitution. The Agency/University must supply the new BEP Utilization Plan and Participation Agreement(s) to the BEP Secretary or their designee.

7.8. Vendor shall maintain a record of all relevant data with respect to the utilization of BEP/VSB certified vendors including, but not limited to, payroll records, invoices, canceled checks and books of account for a period of at least three (3) years after the completion of the contract. If the contract administrator is an Agency, Vendor shall submit monthly reports to BEP via the B2G Now Diversity Contract Monitoring System (DCMS) reporting system. If the contract administrator is a University, Vendor shall contact the contract administrator to obtain reporting requirements. Full access to these records shall be granted by Vendor within 48 hours of a written demand by the Agency/University, BEP Secretary, or any duly authorized representative thereof, or to any municipal, county, State or federal authorities. The Agency/University shall have the right to obtain from Vendor any additional data reasonably related or necessary to verify any representations by Vendor. After the performance of the final item of work or delivery of material by the BEP certified vendor and final payment to the BEP certified vendor by Vendor, but not later than thirty (30) calendar days after such payment, Vendor shall submit a statement confirming the final payment and the total payments made to the BEP certified vendor under the contract at www.cms.DiversityCompliance.com for contracts administrated by Agencies. For contracts administered by Universities, Vendor shall submit a statement confirming the final payment and the total payments made to the BEP/VSB certified vendor under the contract in the manner prescribed by the University contract administrator. Vendor’s failure to submit monthly reports shall constitute a material breach of this contract and subject Vendor to the remedies and penalties described in Section 7.10. For contracts administrated by Agencies, The Prime Vendor and BEP subcontractors will receive notification and instructions after the start of the contract for reporting to BEP’s DCMS. Failure to report contractual spend or lack of spend monthly reporting may result in a contractual breach.

7.9. The Agency/University will annually review Vendor’s compliance with these provisions and the terms of its contract. Executive Order Number 2018-06 requires CMS to review contractual language regarding cancelation of contracts deemed not to be compliant with the BEP. Without limitation, Vendor’s failure to comply with these provisions or its contractual commitments as contained in the Utilization Plan and Participation Agreement(s); failure to cooperate in providing information regarding its compliance with these provisions or its Utilization Plan; or provision of false or misleading information or statements concerning compliance, certification status or eligibility of a BEP certified vendor, Good Faith Efforts or any other material fact or representation shall constitute a material breach of this contract and entitle the Agency/University to declare a default, terminate the contract, and/or exercise those remedies provided for in the contract, law and equity.

7.10. The Agency/University reserves the right to withhold payment to Vendor to enforce these provisions and Vendor’s contractual commitments. Final payment shall not be made pursuant to the contract until Vendor submits sufficient documentation demonstrating compliance with its Utilization Plan and Participation Agreement(s).

ATTACHMENT A

SPECIAL PROVISIONS

Wee-Ma-Tuk Hills Drainage District (IDNR) Section Lake Wee-Ma-Tuk 2024

Fulton County Project No. AML-IFuE-2304

Lake Wee-Ma-Tuk Dams Project i

TABLE OF CONTENTS

LOCATION OF PROJECT

DESCRIPTION

TRAFFIC CONTROL PLAN…

CONSTRUCTION SEQUENCING

CONSTRUCTION COORDINATION WITH SITE OPERATIONS…

ABANDON AND FILL EXISTING STORM SEWER………………………………………… 6

BITUMINOUS SURFACE TREATMENT WITH (FOG SEAL) (BDE)

LAKE DEWATERING PUMP SYSTEM………………………………………………………. 13

LAKE DRAWDOWN

MANHOLES, TYPE A, 6’-DIAMETER, TYPE 1 FRAME, CLOSED LID

MANHOLES, TYPE A, 6’-DIAMETER, WITH SPECIAL FRAME AND GRATE…………. 15

MANHOLES, TYPE A, 7’-DIAMETER, WITH SPECIAL FRAME AND GRATE…………. 15

MANHOLES, TYPE A, 8’-DIAMETER, TYPE 1 FRAME, CLOSED LID………………….. 16

MANHOLES, TYPE A, 10’-DIAMETER, TYPE 1 FRAME, CLOSED LID

PIPE CULVERTS, CLASS A, TYPE 2 30”…………………

PIPE CULVERT REMOVAL…………………

PIPE UNDERDRAINS 8” (SPECIAL)

PRECAST CONCRETE BOX CULVERTS 6’X5’

STANDPIPE

REMOVAL OF EXISTING STRUCTURE

REMOVE EXISTING RIPRAP…………

STORM SEWERS, RUBBER GASKET, CLASS A 48”…………………

TRAFFIC CONTROL AND PROTECTION (SPECIAL)

UNSUITABLE MATERIAL

UNSUITABLE MATERIAL – SPECIAL ……………………………………………………… 22

WASHOUT BASIN………..…

STEEL PLATE BEAM GUARDRAIL (ALTERNATE BIDS) ………..…

TRAFFIC BARRIER TERMINAL, TYPE 1 (SPECIAL) TANGENT (ALT BIDS)……..…. . 23

REMOVAL AND REPLACEMENT OF SCHLEICH SEPTIC SYSTEM ………..…

IDOT SUPPLEMENTAL SPECIFICATIONS AND SPECIAL PROVISIONS

GBSP33 - PEDESTRIAN TRUSS STRUCTURE…………………

PREQUALIFIED STRUCTURAL SYSTEM LIST…………………

Fulton County

STATE OF ILLINOIS

SPECIAL PROVISIONS

The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction" adopted January 1, 2022, the latest edition of the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", and the Manual of Test Procedures for Materials" in effect on the date of invitation for bids, and the “Supplemental Specifications and Recurring Special Provisions" indicated on the Check Sheet included herein which apply to and govern the construction of Wee-Ma-Tuk Hills Drainage District, Various Dams, AML-IFuE-2304, Fulton County and in case of conflict with any part or parts of said specifications, the said Special Provisions shall take precedence and shall govern.

WEE-MA-TUK HILLS DAMS PROJECT

VARIOUS DAMS

FULTON COUNTY

LOCATION OF PROJECT

The project limits are within the Wee-Ma-Tuk Hills Drainage District, located in Cuba, IL in Fulton County.

DESCRIPTION

This proposed improvement consists of the reconstruction of earth dams and roads, removal and replacement of culverts, culvert and storm sewer installation, riprap placement, and all other necessary work to complete the project within the Wee-Ma-Tuk Hills Drainage District in Fulton County.

TRAFFIC CONTROL PLAN

Traffic control shall be in accordance with the applicable sections of the Standard Specifications for Road and Bridge Construction, the applicable guidelines contained in the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways, these Special Provisions, any special details and Highway Standards contained herein and in the plans.

Special attention is called to Sections 107 and 701 through 705 of the Standard Specifications for Road and Bridge Construction, and as amended by the Supplemental Specifications, Recurring Special Provisions, the Special Provisions contained herein, and the following highway standards relating to traffic control:

WEE-MA-TUK HILLS DRAINAGE DISTRICT

VARIOUS DAMS

FULTON COUNTY

Fulton County

HIGHWAY STANDARDS:

701001 701006 701011 701301 701901

BLR 17

BLR 18

BLR 21

BLR 22

Keeping Roads Open to Traffic: The Contractor shall schedule his/her sequence of construction to permit the construction of this section with the least inconvenience to the traveling public. The Contractor shall maintain access across the dam and access control at all times during construction.

Limitations of Construction: The Contractor shall coordinate the items of work in order to keep hazards and traffic inconveniences to a minimum, as specified below.

1. The Contractor shall provide, erect, and maintain all the necessary barricades, cones, drums, and lights for the warning and protection of traffic as required by Sections 107 and 701 through 703 of the Standard Specifications and as modified.

2. The Contractor will be responsible for the traffic control devices at all times during construction activities and shall coordinate the items of work in order to keep hazardous traffic inconveniences to a minimum.

3. The Contractor will be responsible for the traffic control devices at all times during any construction shut-down periods.

4. Traffic control devices shall be in new or like-new condition equipped with new reflective sheeting at the time of use. The Engineer will be the sole judge of the condition of the devices.

All warning signs shall be 48 inches by 48 inches and have a black legend on a fluorescent orange reflectorized background.

5. At the direction of the Engineer, when closing road or parking lots to traffic, two Type III barricades with Standard Sign R11-2 or R11-4 (ROAD CLOSED) mounted shall be used.

6. At the direction of the Engineer, W20-I103(0)-48 (ROAD CONSTRUCTION AHEAD) signs shall be placed prior to active work areas.

7. The Contractor shall include a traffic control plan as part of the pre-construction submittals to the ENGINEER.

Measurement and Payment for Traffic Control and Protection: Traffic Control and Protection will be accomplished and paid in accordance with the Traffic Control and Protection (Special) special provision.

Fulton County

CONSTRUCTION SEQUENCING

The following is the anticipated sequence of construction for each dam.

HANKS LAKE DAM

• NOTE - All necessary adjustments to public and private utilities shall be completed by the respective utility company prior to the commencement of any construction related to this project. Uninterrupted service for all existing utilities to the residents is required at all times during this project.

• Install erosion control measures

• Remove the existing boat ramp near station 31+00 Rt.

• Grade and install the riprap plunge pool basin along the shoreline of McCamey Lake near station 31+16, providing necessary erosion control measures.

• Lower the lake level of Hanks Lake sufficiently but within the criteria stated in the Special Provisions. Remove the existing culvert (spillway) near station 31+30. Upon removing the existing spillway structure, the elevation of Hanks Lake should be monitored and maintained at an elevation to provide for the safe construction of the improvements denoted in the plans. Upon removing the existing spillway structure, Hanks Lake should be monitored and maintained at an elevation to provide for the safe construction of the improvements denoted in the plans. If pumping is used to maintain the lake levels, construct the dewatering filter system prior to pumping. The maximum rate of drawdown shall not exceed 1.0 ft/day.

• Reconstruct the downstream and upstream embankment and regrade and shape the Lt.

ditch between stations 33+50 and 32+00.

• Install the 6-ft x 5-ft drop structure Rt. Station 31+34 and the appurtenant outlet conduit system. Access across the dam for vehicular and pedestrian traffic shall remain open at all times during all construction activities.

• Reconstruct the roadway and related features for North Wee-Ma-Tuk Road.

• Temporarily drawdown the elevation of Hanks Lake in accordance with the Special Provisions and install the upstream face filter fabric and riprap. Ensure installation is completed in dry conditions.

• Regrade the disturbed area and cover the disturbed area with topsoil and provide seeding and mulching for the area.

• Other work within…