RCLR Sag Specifications.docx

ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR)

SMALL PURCHASE PROCUREMENT

PROJECT REQUIREMENTS & SPECIFICATIONS

Project Requirements:

1) Illinois Bid Buy Procurement System All contractors planning to submit a bid are required to register in BidBuy. Registration must be completed prior to the bid submittal date and time.

Please follow this link to login: https://www.bidbuy.illinois.gov/bso/

For help with your login or registration contact BidBuy Vendor Services by phone 866-455-2897 or email il.bidbuy@illinois.gov

For online help documents and videos:

https://www.illinois.gov/cpo/PathwayToProcurement/Pages/BidBuy.aspx

2) 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 Project Manager, to complete the work.

3) Coordination of Work Activities All work activities and entry to the site must be coordinated with the IDNR Project Manager.

4) Contractor’s Licensing and/or Certifications Contractor shall be responsible for compliance with all applicable contractor and trades person licensing with the appropriate State agency.

5) Duration Quotes shall be good for ninety (90) calendar days after the submittal date, or for an extended period of time, if agreed to in writing by the Contractor and IDNR.

6) Prevailing Wage Rates This contract [or agreement] calls for the construction of a “pubic work” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130.01 et seq. (“the Act”). The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing services on public works projects no less than the current “prevailing rate of wages” (hourly cash wages plus amount of fringe benefits) in the county where the work is performed. The Illinois Department of Labor (IDOL) publishes the prevailing wage rates on its website at https://www2.illiois.gov/idol/lawsrles/ conmed/pages/rates/aspx. IDOL revises the prevailing wage rates and contractor/subcontractor has an obligation to check the IDOL’s web site for revisions to prevailing wage rates. For information regarding current prevailing wage rates, please refer to the IDOL’s website. All contractors and subcontractors rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage requirements and notice and record keeping duties.

7) Employment of Public Workers on Public Works In a period of excessive unemployment rates, State contractors (1) constructing or building any public works or (2) cleaning-up and disposing on-site of hazardous waste, and that clean-up or on-site disposal is funded or financed in whole or in part with State funds or funds administered by the State, are required to employ at least 90% Illinois laborers on such project. For projects involving clean-up and on-site disposal of hazardous waste, emergency response or immediate removal activities are excluded. This requirement applies to all labor whether skilled, semi-skilled or unskilled, whether manual or non- manual.

A period of excessive unemployment rates is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5% as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures.

Any public works project financed in whole or in part by federal funds administered by the State of Illinois is covered under the provisions of this requirement, to the extent permitted by any applicable federal law or regulation. 30 ILCS 570.

Contractors may receive an exception from this requirement by submitting a request and supporting documents certifying that Illinois laborers are either not available or are incapable of performing the particular type of work involved. The certification must: (a) be submitted to the agency within the first quarter of the Contract Term; (b) provide sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the contractor; and (d) be approved by the agency.

8) Certified Payroll State law 820 ILCS 130/5 requires all contractors and sub-contractors working on state construction projects to submit certified payroll records to the IDNR. The payroll records must include all workers employed by contractors on the project.

In accordance with 820 ILCS 130/5, the contractor and sub-contractor(s) shall make and keep, for a period of 5 years from the date of the last payment made on or after January 1, 2014 (the effective date of Public Act 98-328) on a contract or subcontract for public works, records of all laborers, mechanics, and other workers employed by them on the project.

No later than the 15th day of each calendar month, the contractor shall file a certified payroll for the immediately preceding month with the IDNR.

9) Insurance Contractor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the IDNR and property owner as additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Contractor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law. Insurance shall not limit Contractor’s obligation to indemnify, defend, or settle any claims.

10) Construction Bond Pursuant to the Public Construction Bond Act (30 ILCS 550/), a construction bond shall be required if the project cost exceeds $50,000.

11) Permits and Licenses Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor.

12) Utilities Before starting excavation, establish location and extent of underground utilities occurring in the work area. Contractor shall contact Joint Utility Locating Information for Excavators (J.U.L.I.E.) 800- 892-0123.

13) Highway Permits The Contractor is responsible for contacting the appropriate County Engineer and/or other appropriate local officials concerning the proposed work activities on the project as they may relate to use of the County and local road system. Coordination of any activities of concern to the County or Township shall be the responsibility of the Contractor. Special attention shall be given to load limits and seasonal restrictions.

14) New Products Unless otherwise specifically provided in the contract documents, all materials, equipment and products incorporated in the work under the contract shall be new and of a suitable grade for the purpose intended.

15) Steel Products Any steel product(s) used or supplied in the performance of this contract shall be manufactured or produced in the United States, in accordance with the Steel Products Procurement Act, unless a waiver is granted by IDNR (30 ILCS 565/).

16) Specified Materials Quotes shall be based on providing all products exactly as required by the project specifications. Contractor may select from the list of acceptable manufacturers, or, for products specified only by reference or performance standards, select any product which meets or exceeds the specified standards, by any manufacturer, subject to the approval of the IDNR.

17) Final Cleaning Contractor shall clean-up all work related debris and construction materials and properly dispose off-site. The Contractor shall repair and otherwise make good any damage caused by the work and leave the premises in the equivalent of the original condition.

18) Warranty The Contractor warrants that all work provided under the contract will be in conformance with the contract and free from defects in workmanship, materials, and equipment for a period of one year from the goods acceptance date. See Section B. Project Instructions and Notes, for any extended warranties that may apply.

19) Change Orders Change orders shall be defined as a change in a contract term, other than as specifically provided for in the contract which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion. A change order shall be executed by the State agency and vendor evidencing the change. All changes shall be approved by the CPO, or designee, and be accompanied by a written determination that the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed and the change is germane to the original contract as signed. Change orders that increase or decrease the cost of a contract or an estimated contract by a total of $10,000 or more or the time of completion by more than 30 days shall be published on the Illinois Procurement Bulletin, pursuant to Section 15-25 of the Code and documented pursuant to Section 33E-9 of the Criminal Code of 2012, in advance of the execution of the change order.

22) Payment After successful completion of the work and compliance with the requirements set out above, the successful bidder shall submit an invoice for payment. After approval of the invoice, it shall be forwarded to the Illinois Comptroller’s office for payment. Payment terms contained in Contractor’s invoice(s) shall have no force or effect.

23) Request for Quote Quotes must be submitted on BidBuy. See Section 2 above regarding BidBuy website.

24) Award The IDNR is not obligated to award a contract pursuant to this Request.

25) Starting Date Work on the project shall commence within 15 calendar days of execution of the contract.

26) Progress and Liquidated Damages All work shall proceed in accordance with a Progress Schedule as provided by the Contractor in accordance with Article 108.02 of the Standard Specifications. The progress schedule shall consider the following items:

Establishment of vegetation is critical to the success of this project. Seeding is to be performed from April 1 to June 15, or August 1 to November 1, or as agreed to by the IDNR Project Manager.

Work is to be substantially completed by the substantial completion date. All remaining work, including final clean-up, removal of equipment, final inspection, any alterations, repair, remedial or holdover work, reseeding, and submission of the final pay request shall be completed prior to the contract ending date. The IDNR may assess liquidated damages until work is completed, as provided in Article 108.09 of the Standard Specifications.

27) Substantial Completion and Contract Ending Date The work shall be substantially completed within 240 days of execution of the contract. This Contract shall end 330 days after execution of the contract.

28) Responsibility of the Contractor 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. The Contractor agrees that any additional work to be performed for such owners, after approval by the IDNR, 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 against any and all claims for personal injury or property damage arising out of or occasioned by the additional work.

29) Owner Occupancy Owners will occupy premises during entire construction period for conduction of their normal operations. The Contractor shall cooperate with Owners in scheduling operations to minimize conflict and to facilitate Owner's usage.

30) Temporary Controls A. Dust and Mud Control:

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.

B. Debris Control:

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.

C. Pollution Control:

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 construction operations.

The Contractor shall prevent harmful substances, such as acid water, from entering public or private waters. If treatment of acid water is determined necessary by the IDNR Project Manager and it is not specified within these special provisions, any water treated will be paid for in accordance with Article 109.04 of the Standard Specifications. The Contractor is liable for restoration of water quality and aquatic life if adversely affected by his/her actions. The Contractor shall maintain all such systems throughout the duration of the project.

The Contractor shall provide systems for control of atmospheric pollutants to prevent toxic concentrations of chemicals; to prevent harmful dispersal of pollutants into the atmosphere; and to comply with all permit requirements that may apply.

The Contractor must notify the IDNR Project Manager immediately if buried wastes, liquid waste vessels or other potentially harmful materials are encountered. Necessary precautions should be taken to safeguard the area and to protect workers and the public until further directions are provided by the Engineer.

Project 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, 2022 (hereinafter referred to collectively as "Standard Specifications"), that are referenced in these bid 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; Abandoned Mined Lands Reclamation Division (AMLRD).

The specifications governing the contract pay items are indicated in the Summary of Quantities on Plan Sheet 2. The following Sections of the IDOT Standard Specifications govern contract work on this project:

SECTION 204 – Borrow and Furnished Excavation SECTION 351 – Aggregate Base Course SECTION 701 – Work Zone Traffic Control and Protection

The following Sections of the IDOT Standard Specifications have been modified for this project by the AMLRD and are included below and on the following pages and govern contract work on this project:

SECTION 101 – Definition of Terms SECTION 250 – Seeding SECTION 301 – Subgrade Preparation SECTION 671 – Mobilization

The following Sections of the IDOT Supplemental Specifications and Recurring Special Provisions govern contract work on this project:

CHECK SHEET #LRS9 – Special Provisions for Bituminous Surface Treatments

AMLRD SUPPLEMENTAL SPECIFICATION FOR

SECTION 101. DEFINITION OF TERMS

Whenever in these specifications or in other contract documents the following terms or pronouns in place of them are used, the intent of meaning shall be interpreted as follows:

101.03 Award. Revise as indicated:

The decision of the Illinois Department of Natural Resources; Office of Mines and Minerals; Division of Abandoned Mined Lands Reclamation to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law.

101.14 Department. Revise as indicated:

The Department of Natural Resources of the State of Illinois with its principal offices of business at Springfield.

101.16 Engineer. Revise as indicated:

The Director of the Department of Natural Resources of the State of Illinois; or his authorized representative limited by the particular duties entrusted to him.

101.35 Right of Way. Revise as indicated:

Right of way shall be replaced by construction limits, except when used in conjunction with right of way markers or highways.

End of Revisions to SECTION 101.

SECTION 250. SEEDING

250.03 Equipment. Revise Article 250.03(e) and add Article 250.03(i) and (j).

(e) Broadcast Seeders (change to)

(e) Spinning Disk Seeders. (revise Article 1101.08(e) to the following)

When spinning disk seeders are used, the individual seeds comprising the seeding mixture need not be sown separately. A spike-toothed or tine-toothed harrow, approved by the Engineer, must be either be pulled behind the spinning disk seeder by the same equipment in one operation, or pulled by other equipment over all seeded areas on the same day.

(i) Harrows - Spike Toothed and Tine Toothed. (add as Article 1101.08(i))

Spike and tine toothed harrows shall be commercially manufactured harrows designed for light tillage necessary to cover grass and legume seed after these seeds have been broadcast with spinning disk seeders, truck mounted air flow fertilizer/seeder spreaders, and aerial seeders.

(j) No-Till Seeder. (add as Article 1101.08(j))

These seeders shall be commercially manufactured no-till (zero-till) seeders specifically designed for no-till placement of grass and legume seed and shall be approved by the Engineer prior to use.

250.04 Fertilizer and Agricultural Ground Limestone Application. Revise to:

Immediately prior to seed bed preparation and seeding, fertilizer nutrients shall be uniformly spread at the specified rates over the areas designated. The rate of fertilizer application shall be 270 lb (300 kg) of fertilizer nutrients per acre (hectare) applied at 1:1:1 ratios: Nitrogen 90 lb/acre, Phosphorus 90 lb/acre, and Potassium 90 lb/acre.

250.05 Seed Bed Preparation. Delete last paragraph and add the following:

Seed bed preparation cannot be performed sooner than 14 days prior to seeding. Seed bed preparation will not be required when no-till seeding or Incorporation - Limestone and Mulch is specified.

250.06 Seeding Methods. Delete all but paragraphs 1 and 2 and add the following:

Harrows that meet the requirements of Article 250.03(j) shall be used for light tillage to cover grass and legume seeds, fertilizer and agricultural ground limestone with soil to the satisfaction of the Engineer on the same day the that the seed is sown. A minimum of two passes will be required, one parallel to the slope and one perpendicular to the slope to assure coverage.

Rolling will not be required.

250.07 Seeding Mixtures. Change to:

250.07 Seeding Requirements.

(a) Seeding Dates and Seed Mixture for Permanent Seeding.

Spring seeding dates shall be April 1 to June 15, and fall seeding dates shall be August 1 to November 1.

Seeding will not be allowed when the wind speed is 10 miles/hour (16 kilometers/hour) or greater. Seeding may be allowed by the Engineer prior to or after the above seeding dates at his/her discretion.

Average purity and germination percentages (viable seed for legumes) are from 1948, Yearbook of Agricultural, Grass. Any other product from seed tag percentages of germination times purity, and/or viable seed, will cause the Contractor to adjust his/her total pounds/acre (kilograms/hectare) of seed to sow.

(b) Temporary Seeding. This provision is applicable in the event that the Contractor fails to perform permanent seeding within the dates specified. In that event, temporary seeding shall be required to provide a temporary vegetative cover until the next term of permanent seeding dates. Temporary seeding shall be performed by the Contractor at his/her own proper cost and expense, at no additional cost to the Department. Prior to temporary seeding, the Engineer shall submit in writing to the Contractor a proposed temporary seeding mixture, specifying the seed varieties and their respective rates on a pounds/acre (kilograms/hectare) of pure live seed basis. Vegetation resulting from the temporary seeding shall be destroyed as part of the seed bed preparation for permanent seeding during the next term of permanent seeding dates.

250.08 Selective Mowing Stakes. (delete entire article)

250.09 Method of Measurement. Revise as indicated:

Delete all references to mowing.

In Article 250.09(b), delete “of the class specified”.

Measurement will be by tape measure or measuring wheel of those areas properly seeded in accordance with specifications. Only those areas designated to be seeded by the Engineer will be paid for.

250.10 Basis of Payment. Revise as indicated:

Substitute SEEDING for the various classes of seeding and inter seeding. The cost of any temporary seeding or reseeding will not be paid for separately but shall be considered incidental to the cost of SEEDING.

All seeding areas shall be mulched by hand or machine application of straw mulch at the rate of 2 tons/acre. Mulching will not be paid for separately but shall be considered incidental to the cost of SEEDING.

Fertilizer nutrients shall be applied to all seeding areas as specified in Article 250.04. Fertilizer nutrients will not be paid for separately but shall be considered incidental to the cost of SEEDING.

Delete all references to mowing.

Payment will be per acre of SEEDING, which includes seeding, mulching, and fertilizer nutrients as described in this section.

End of Revisions to SECTION 250.

SECTION 301. SUBGRADE PREPARATION (Delete entire section and replace with the following):

301.01 Description.

This work shall consist of preparatory work of the existing oil and chip roadway surface prior to placing aggregate base course to level the roadway sag. The surface of the entire width and length of the roadway shall be scarified by mechanical methods to ensure that the aggregate base course will be incorporated with and compacted into the existing roadway.

301.02 Equipment/Methods.

The contractor shall utilize equipment capable of scarifing/scoring the pavement surface to a depth of at least three inches. Acceptable methods include the use of ripping teeth on a blade or bucket, disking, plowing, mechanical milling, or mechanical tilling. The Engineer may allow other acceptable equipment and methods if the desired scarification results can be demonstrated.

301.03 Aggregate Base Course, Type B.

After scarification, the subgrade will not have to be rolled prior to placement of the aggregate base course, Type B.

301.04 Basis of Payment.

Payment for SUBGRADE PREPARATION will be at the contract Lump Sum unit price.

End of Revisions to SECTION 301.

SECTION 671. MOBILIZATION (Delete entire section and replace with the following):

671.01 Description.

This work shall consist of preparatory work and operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for establishment of offices, buildings and other facilities necessary for work on the project; and for all other work or operations which must be performed or costs incurred when beginning work on the project.

This work shall also consist of ancillary tasks which are not covered by other pay items. These tasks may include, but are not necessarily limited to, fence removal, pumping water, traffic control, and providing and maintaining construction barriers and signage.

The amount which a Contractor will receive payment for, in accordance with the following schedule, will be limited to fifteen percent (15%) of the total contract bid.

671.02 Basis of Payment.

Payment of the lump sum amount bid for this item, not exceeding fifteen percent (15%) of the total bid, will be made in two partial payments. One after mobilization, and one after demobilization and substantial completion of the project.

Nothing herein shall be construed to limit or preclude partial payments for other items as provided for by the contract.

End of Revisions to SECTION 671.