Underground Electric Replacement & Electric Utility Work

BIDDING DOCUMENTS FOR CONSTRUCTION
OF
UNDERGROUND ELECTRIC REPLACEMENT AND ELECTRIC UTILITY
WORK
May 2026
Prepared By:
CITY OF GENEVA
ELECTRIC DIVISION
1800 SOUTH STREET
GENEVA, IL 60134
TELEPHONE: (630) 232-1503
FACSIMILE: (630) 208-1503
CONTACT PERSON:
Timothy Ahern, MANAGER OF ELECTRIC DISTRIBUTION
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TABLE OF CONTENTS
NOTICE TO BIDDERS.................................................................................................................................. 1
INSTRUCTIONS TO BIDDERS .................................................................................................................... 2
2. Work on Energized Lines. ..................................................................................................................... 2
3. Materials. ............................................................................................................................................... 2
4. Obtaining Documents............................................................................................................................ 3
5. Manner of Submitting Proposals. .......................................................................................................... 3
6. Familiarity with Conditions..................................................................................................................... 3
7. Bidder's Qualifications. .......................................................................................................................... 4
8. Alternate Designs. ................................................................................................................................. 5
9. The Time for Completion of Construction.............................................................................................. 5
10. Bid Bond. ............................................................................................................................................. 5
11. Contractor's Bond................................................................................................................................ 5
12. Failure to Furnish Contractor's Bond................................................................................................... 5
13. Contract is Entire Agreement. ............................................................................................................. 5
14. Minor Irregularities............................................................................................................................... 6
15. Rejection of Bids.................................................................................................................................. 6
16. Definition of Terms. ............................................................................................................................. 6
17. The Owner Represents: ...................................................................................................................... 6
18. Freedom of Information Act: .............................................................................................7
19. Clean Construction and Demolition Debris: ........................................................................7
20. Tax Exempt Status.........................................................................................................7
AFFIDAVIT OF EXPERIENCE...................................................................................................................... 9
CERTIFICATION FOR BID......................................................................................................................... 10
CERTIFICATION OF DRUG FREE WORKPLACE .................................................................................... 11
CERTIFICATION FOR CONTRACT...........................................................................................................12
CERTIFICATE OF COMPLIANCE WITH SECTION 11.42.1-1 OF THE ILLINOIS MUNICIPAL CODE.... 13
BID BOND................................................................................................................................................... 14
CONTRACTOR'S PROPOSAL...................................................................................................................15
ARTICLE I--GENERAL ............................................................................................................................... 15
Section 1 . Offer to Construct. ................................................................................................................. 15
Section 2. Owner-Furnished Materials. ................................................................................................... 15
Section 3. Purchase of Materials Not Furnished by Owner. ................................................................... 16
Section 4. Award of Contract................................................................................................................... 16
Section 5. Proposal on a Unit Basis. ....................................................................................................... 17
Section 6. Familiarity with Conditions...................................................................................................... 17
Section 7. License. .................................................................................................................................. 17
Section 8. Proposal Made in Good Faith................................................................................................. 17
Section 9. Financial Resouces ................................................................................................................ 17
Section 10. Taxes.................................................................................................................................... 18
Section 11. Changes in Quantities. ......................................................................................................... 18
Section 12. Description of Contract.........................................................................................................18
LIST OF OWNER FURNISHED MATERIALS ............................................................................................ 19
ARTICLE II--CONSTRUCTION................................................................................................................... 20
Section 1 . Time and Manner of Construction ......................................................................... 20
Section 2. Protection and Restoration of Property ................................................................... 21
Section 3. The Bidder ....................................................................................................... 23
Section 4. Changes in Construction ..................................................................................... 23
Section 5. Construction Not in Proposal ................................................................................ 24
Section 6. Supervision and Inspections .................................................................................24
Section 7. Defective Materials and Workmanship .................................................................... 26
Section 8. -Traffic Control and Road Conditions....................................................................................26
ARTICLE III--PAYMENTS AND RELEASE OF LIENS...............................................................................28
Section 1. Payments to Contractor.......................................................................................................... 28
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Section 2. Release of Liens and Certificate of Contractor ...................................................................... 29
Section 3. Payments to Materialmen and Sub-Contractors .................................................................... 29
WAIVER AND RELEASE OF LIEN ............................................................................................................. 30
CERTIFICATE OF CONTRACTOR ............................................................................................................ 31
ARTICLE IV--PARTICULAR UNDERTAKINGS OF THE BIDDER ............................................................. 32
Section 1 . Protection to Persons and Property ...................................................................................... 32
Section 2. Insurance ................................................................................................................................ 34
Section 3. Indemnification ....................................................................................................................... 35
Section 4. Release of Liability ................................................................................................................. 35
Section 5. Delivery of Possession and Control to Owner. ....................................................................... 36
Section 6. Assessment of Guarantees .................................................................................................... 36
Section 7. Energizing the Proiect. ........................................................................................................... 36
ARTICLE V--REMEDIES ............................................................................................................................ 37
Section 1. Completion on Contractor's Default. ...................................................................................... 37
Section 2*. Liquidated Damages .............................................................................................................. 37
Section 3. Cumulative Remedies ............................................................................................................ 37
ARTICLE VI--MISCELLANEOUS ............................................................................................................... 38
Section 1 . Definitions .............................................................................................................................. 38
Section 2. Patent Infringement. ............................................................................................................... 40
Section 3. Permits for Explosives ............................................................................................................ 40
Section 4. Compliance with Statutes and Regulations ............................................................................ 40
Section 5. Equal Opportunity Provisions ................................................................................................. 40
Section 6. Franchises and Rights-of-way ................................................................................................ 42
Section 7. Nonassignment of Contract. ................................................................................................... 42
Section 8. Extension to Successors and Assigns ................................................................................... 43
Section 9. Contractor ............................................................................................................................... 43
Section 10. Addenda ............................................................................................................................... 43
Section 11 . Prevailing Wage .................................................................................................................. 43
PREVAILING WAGES FOR KANE COUNTY ............................................................................................ 45
DISTRIBUTION CONSTRUCTION UNITS -- NEW CONSTRUCTION ...................................................... 46
Section UD -- Underground Cable Assembly Units ................................................................................ 46
Section UG -- Underground Transformer Assembly Units ...................................................................... 46
Section UM -- Miscellaneous Underground Assembly Units ................................................................... 46
Section UR -- Underground Excavation Assembly Units ........................................................................ 48
Section I -- Removal Assembly Units ...................................................................................................... 49
Crews & Equipment: .......................................................................................................... 50
Hi pot & Energize: ............................................................................................................. 51
Landscaping: ................................................................................................................... 51
Surveying: .......................................................................................................................... 51
Underground Replacement Bid PAGES .................................................................................... 52
PRICE FOR CREWS AND EQUIPMENT ................................................................................... 63
PROPOSAL SUMMARY ............................................................................................................................. 64
ELECTRIC UTILITY BID PAGES ............................................................................................. 65
PROPOSED SUB-CONTRACTORS .......................................................................................................... 73
PROPOSAL SIGNATURE BY BIDDER ...................................................................................................... 74
ACCEPTANCE ............................................................................................................................................ 75
CONTRACTOR'S BOND ............................................................................................................................ 76
SPECIFICATIONS ................................................................................................................ 79
DIVISION 1 - GENERAL REQUIREMENTS
DIVISION 2- CABLE INSTALLATION, TERMINATION AND TESTING
TREE ORDINANCE FOR THE CITY OF GENEVA
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FY 2026-27 UNDERGROUND ELECTRIC REPLACEMENT AND ELECTRIC UTILITY WORK
CONTRACT
NOTICE TO BIDDERS
Duplicate sealed Proposals submitted in a sealed envelope with the words "FY 2026-27 Underground
Electric Replacement and Electric Utility Work Contract" clearly marked on it, will be received by the City
of Geneva, Illinois on or before ten o'clock a.m., local time, May 4, 2026 at the office of the City
Administrator, 22 South First Street, Geneva, IL 60134, at which time they will be publicly opened and
read for the construction, including the supply of necessary labor, materials and equipment of all related
work thereto for the Project known as "FY 2026-27 Underground Electric Replacement and Electric Utility
Work Contract". Any Proposal received subsequent to the time specified will be promptly returned to the
Bidder unopened.
Description of Underground Replacement Project: This project will consist of: The abandoning of old
cable and the installation of primary cable through conduit in Blackberry Subdivision and off of Miller Rd in
Geneva. The installation of new conduits (poly, pvc & rigid), primary cable, splicing etc to replace existing
distribution circuits.
Description of Electric Utility Work: This work will consist of: Installing new conduit, primary cable, splices,
terminations, transformer vaults and transformers for development projects in the City of Geneva. This
work can include boring of new cable from cable faults and replacing of switchgears, splices, and
terminations from unplanned outages.
There will be a pre-Bid meeting on Wednesday April 22, 2026 at 10:00 a.m. at Geneva Public Works,
1800 South Street, Geneva, IL 60134.
This work shall be done in accordance with the Specifications as prepared by the City of Geneva Electric
Utility. Copies of the plans, Specifications, and construction drawings together with all necessary forms
and other documents for Bidders may be obtained via the web. Contact the City of Geneva Public Works
Department for instructions on how to do so. The plans, Specifications, and construction drawings may
be examined at the Public Works Department located at 1800 South Street, Geneva, IL. 60134.
The Contractor and Sub-Contractors shall pay not less than the prevailing rate of wages as found by the
Department of Labor or as determined by the Court of Appeal, to all laborers, workmen and mechanics
performing work under the Contract. A signed certification stating the above as well as the fact that the
Bidder is not barred from Bidding as a result of a violation of either Section 33E-3 or 33E-4 of Chapter 38,
Illinois Revised Statues, 1987 (as amended) must be submitted with the sealed Bid.
Each Bid must be accompanied by a Bid bond signed by a Surety company authorized to do business in
Illinois, or by a cashier's check or certified check in the amount of ten (10) percent of the base Bid. Any
Bid not accompanied by a required Bid deposit will be rejected.
The City of Geneva, IL reserves the right to reject any or all Bids and waive technicalities.
The City of Geneva, Illinois
Alex Voigt
City Administrator
April 9, 2026
Published in the "Daily Herald": April 9, 2026
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FY 2026-27 UNDERGROUND ELECTRIC REPLACEMENT AND ELECTRIC UTILITY WORK
CONTRACT
INSTRUCTIONS TO BIDDERS
1. Description of Underground Replacement Project: The project will consist of: The abandoning of
old cable and the installation of primary cable through conduit in Blackberry Subdivision and off of
Miller Rd in Geneva. The installation of new conduits (poly, pvc & rigid), primary cable, splicing
etc to replace existing distribution circuits.
Description of Electric Utility Work: This work will consist of: Installing new conduit, primary cable,
splices, terminations, transformer vaults and transformers for development projects in the City of
Geneva. This work can include boring of new cable from cable faults and replacing of
switchgears, splices, and terminations from unplanned outages.
There will be a pre-Bid meeting on Wednesday April 22, 2026 at 10:00 a.m. at Geneva Public
Works, 1800 South Street, Geneva, IL 60134.
These projects are located in the City of Geneva, in the State of Illinois all as more fully described
in the Plans, Specifications, Construction Drawings and Contractor's Proposal therefore
hereinafter referred to.
2. Work on or around Energized Lines.
Any work done in vaults, all switching of high voltage cables, all splicing and terminating shall be
performed by qualified personnel with proven experience in the type of work to be performed.
The Bidder shall provide documentation that all employees working on high voltage cables are
journeyman lineman and can demonstrate experience with overhead and underground 15 kV
cable, terminations, etc. Lineman employed by the Contractor on this project shall be expected to
be familiar with the operation and use of the tools of the trade, including but not limited to,
Shotguns, Hot Stick Phasing Sets, and Grounding of Underground Cables. Contractor shall make
sure each journeyman lineman has all necessary tools and equipment for use onsite. All such
work shall be performed to meet at least the safety rules and regulations prescribed by the City of
Geneva ("hereafter referred to as the "Owner") for its own employees including the use of rubber
gloves, sleeves, hot sticks and associated protective equipment, a copy of which rules and
regulations may be examined at the office of the Owner. Adherence to the latest revision any and
all applicable OSHA and IDOL standards is required.
3. Materials.
At or prior to the commencement of construction, the Owner shall make available to the
Contractor all materials which the Owner has on hand, and from time to time as such additional
deliveries of materials, if any, are received by the Owner, the Owner shall make such materials
available to the Contractor: Provided, however, that the Contractor or his authorized
representative will give to the Owner a receipt in such form as the Owner shall approve for all
materials furnished by the Owner to the Contractor. Upon completion of the Project the
Contractor will return to the Owner all materials furnished by the Owner in excess of those
required for the construction as determined from the Final Inventory approved by the Owner. The
Contractor shall reimburse the Owner at the Owner's invoice cost, for loss and/or damage of
materials furnished by the Owner to the Contractor while such materials are under the
Contractor's care.
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4. Obtaining Documents.
The Plans and Specifications for Construction together with all necessary forms and other
documents for Bidders may be obtained via the web. The plans, Specifications, and construction
drawings may be examined at the office of the Owner, 1800 South Street, Geneva, IL 60134.
5. Manner of Submitting Proposals.
Proposals and all supporting instruments must be submitted in duplicate on the forms furnished
by the Owner and must be delivered in a sealed envelope addressed to the Owner. Only
Proposals that are made on the regular Proposal forms will be considered. The Proposal forms
must not be separated from the complete set of documents. The Proposal shall be executed
properly, and Bids shall be made for all items indicated in the Proposal form, except that when
alternate Bids are asked, a Bid on more than one alternative for each item is not required, unless
the special provisions provide otherwise. The Bidder shall indicate, in U.S. Dollars, a unit price
for each of the separate items called for in the Proposal; he shall show the products of the
respective quantities and unit prices in the column provided for that purpose, and the gross sum
shown in the place indicated in the Proposal shall be the summation of said products. All unit
prices shall be conditioned on furnishing a bond executed by a corporate Surety company
satisfactory to the Owner. The name and address of the Bidder, its license number (if a license
is required by the State), and the date and hour of the opening of Bids must appear on the
envelope in which the Proposal is submitted. Proposals must be filled in ink, computer generated
or typewritten. No alterations or interlineations will be permitted, unless made before submission.
Any such modifications shall be initialed and dated.
If the Proposal is made by an individual, his name and post office address shall be shown. If
made by a firm or partnership, the name and post office addresses of the president, secretary,
and treasurer, and the seal of the corporation shall be affixed and attested by the secretary.
6. Familiarity with Conditions.
Prior to the submission of the Proposal the Bidder shall make and shall be deemed to have made
a careful examination of the site of the Project and of the Plans and Specifications for
Construction, and forms of Contractor's Proposal and Contractor's Bond on file with the City Clerk
of the Owner, and shall become informed as to the location and nature of the proposed
construction, the transportation facilities, the kind and character of soil and terrain to be
encountered, the kind of facilities required before and during the construction of the Project,
general local conditions and all other matters that may affect the cost and the time of completion
of the Project. The City does not guarantee the existence, non-existence, or locations of any
surface or sub-surface structures, nor the character of any sub-surface material which may be
shown on the plans. The inclusion of such structures or materials is based on the best data
available but should not be regarded as conclusive. The Owner assumes no responsibility
whatsoever in respect to the sufficiency or accuracy of the information, and there is no guaranty,
either expressed or implied, that the conditions indicated are representative of those existing
throughout the work, or that unanticipated developments may not occur.
When the plans or special provisions include information pertaining to the location of underground
utility facilities, such information is only included for the convenience of the Bidder. The Owner
assumes no responsibility whatever in respect to the sufficiency or accuracy of the information, or
lack of information shown on the plans relative to the locations of underground facilities. It shall
be the Contractor's responsibility to determine the actual location of all such facilities. He shall
also obtain from the respective utility companies detailed information relative to the location of
their facilities and the working schedules of the utility companies for removing or adjusting them.
If any Bidder is in doubt as to the true meaning of any part of the Specifications, or other Contract
documents, he may submit to the Superintendent of the Electric Utility a written request for an
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interpretation thereof; said Bidder will be responsible for its prompt delivery. The Superintendent
of the Electric Division will give an interpretation of the matter in question by issuing an
"Addenda" and sending same to each person receiving a set of Contract documents.
Bidders will be required to comply with all applicable statutes, regulations, Federal and State
laws, local laws and ordinances, etc., including those pertaining to the licensing of Contractors,
and the so-called "Kickback Statute" (48 Stat.948) and regulations issued pursuant thereto.
Bidder will also be required to comply with rules and regulations of the City of Geneva, IL, in
which city these improvements are located.
7. Bidder's Qualifications.
A Bidder may be required to file with the Owner the Bidder's Qualifications on forms supplied by
the Owner, at least ten (10) days in advance of the scheduled Bid opening if the Owner does not
have any knowledge of the Bidder completing a similar construction project. A Bid will not be
considered from a Bidder required to submit Bidder's Qualifications who has not been notified by
the Owner prior to the Bid opening that such Bidder's Qualifications are satisfactory to the Owner.
Questions, if any, concerning the sufficiency of such prior work performed by a prospective
Bidder or the necessity for filing Bidder's Qualifications forms shall be raised by the Bidder at
least five (5) days prior to the time herein specified for filing the Bidder's Qualifications; questions
related to completed Bidder's Qualifications forms shall be resolved prior to the scheduled Bid
opening.
Any one or more of the following causes may be considered as sufficient for the disqualification of
a Bidder and the rejection of his Proposal:
(a) More than one Proposal for the same work from an individual, firm, partnership, or
corporation under the same or different names.
(b) Evidence of collusion among Bidders.
(c) Unbalanced Proposals in which the prices for some items are substantially out of
proportion to the prices for other items.
(d) Failure to submit a unit price for each item of work listed in the Proposal.
(e) Lack of competency as revealed by financial statement or experience questionnaire, if
such are required by the Special Provisions.
(f) Unsatisfactory performance record as shown by past work judged from the standpoint of
workmanship and progress.
(g) Owner reserves the right to make changes to Accepted Bidders List at any point in time.
The Bidder, if a corporation, shall show the name of the State in which the corporation is chartered. Each
Bidder shall furnish the Awarding Authority, upon request, with satisfactory evidence of his competency to
perform the work contemplated. When requested, he shall submit to the Owner a financial statement
prepared by a Certified Public Accountant showing his financial condition at the end of his past fiscal
year. The accountant who prepares the statement shall certify that he holds a valid, current certificate as
a Certified Public Accountant, issued in accordance with the laws of the state in which he is licensed.
The Bidder, if requested, shall also answer and submit questionnaires relating to his experience and
available equipment for performing construction work similar to that for which he is offering a Proposal.
Before an award is made, the Bidder may, at the option of the awarding authority, be required to furnish a
statement showing the value of all uncompleted work the Bidder has "in process"; awarded (by Owner or
others) but completed at the time of such request.
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8. Alternate Designs.
The Owner reserves the right to confine its consideration of the several Bids to one type of design
regardless of alternate types of design which may be specified in the Plans and Specifications for
Construction and offered in the Proposals.
9. The Time for Completion of Construction of the Project shall be as specified by the Owner in the
Proposal.
10. Bid Bond.
Each Proposal must be accompanied by a Bid Bond in the form attached or a certified check
issued by a bank that is a member of the Federal Deposit Insurance Corporation, payable to the
order of the Owner, in an amount equal to ten percent (10%) of the maximum Bid price. Each
Bidder agrees, provided its Proposal is one of the three low Proposals, that, by filing its Proposal
together with such Bid Bond or check in consideration of the Owner's receiving and considering
such Proposal, said Proposal shall be firm and binding upon each such Bidder and such Bid
Bond or check shall be held by the Owner until a Proposal is accepted and a satisfactory
Contractor's bond is furnished by the successful Bidder, or for a period not to exceed sixty (60)
days from the date hereinbefore set for the opening of Proposals, whichever period shall be the
shorter. If such Proposal is not one of the three low Proposals, the Bid Bond or check will be
returned in each instance within a period of ten (10) days to the Bidder furnishing same.
11. Contractor's Bond.
The successful Bidder will be required to compute three additional counterparts of the Proposal
and to furnish a Contractor's Bond (Performance and Payment) in triplicate in the form attached
hereto with sureties listed by the United States Treasury Department as Acceptable Sureties, in a
penal sum not less than the Contract price.
12. Failure to Furnish Contractor's Bond.
Should the successful Bidder fail or refuse to compute such counterparts or to furnish a
Contractor's Bond within ten (10) days after written notification of the acceptance of the Proposal
by the Owner, the Bidder will be considered to have abandoned the Proposal. In such event, the
Owner shall be entitled (a) to enforce the Bid Bond in accordance with its terms, or (b) if a
certified check has been delivered with the Proposal, to retain from the proceeds of the certified
check the difference (not exceeding the amount of the certified check) between the amount of the
Proposal and such larger amount for which the Owner may in good faith contract with another
party to construct the Project. The term "successful Bidder" shall be deemed to include any
Bidder whose Proposal is accepted after another Bidder has previously refused or has been
unable to execute the counterparts or to furnish a satisfactory Contractor's Bond.
13. Contract is Entire Agreement.
The Contract to be affected by the acceptance of the Proposal shall be deemed to include the
entire agreement between the parties thereto, and the Bidder shall not claim any modification
thereof resulting from any representation or promise made at any time by any officer, agent or
employee of the Owner or by any other person.
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14. Minor Irregularities.
The Owner reserves the right to waive minor irregularities or minor errors in any Proposal, if it
appears to the Owner that such irregularities or errors were made through inadvertence. Any
such irregularities or errors so waived must be corrected on the Proposal in which they occur
prior to the acceptance thereof by the Owner.
15. Rejection of Bids.
The Owner reserves the right to reject any or all Proposals, and to accept the Proposal which in
its opinion is in the best interest of the Owner. The attention of Bidders is specially called to the
desirability of a proper balance between prices for labor and materials and between the total
prices for the respective Construction Units. Lack of such balance may be considered as a
reason for rejecting a Proposal.
16. Definition of Terms.
The terms used throughout this Contract shall be as defined in Article VI, Section 1, of the
Contractor's Proposal.
17. The Owner Represents:
a. If by provisions of the Contractor's Proposal the Owner shall have undertaken to furnish
any materials for the construction of the Project, such materials are on hand at locations specified
or if such materials are not on hand they will be made available by the Owner to the successful
Bidder at the locations specified before the time such materials are required for construction.
b. All easements and rights-of-way, except as shown on maps included in the Plans and
Specifications, have been obtained from the owners of the properties across which the Project is
to be constructed (including tenants who may reasonably be expected to object to such
construction). The remaining easements and rights-of-way, if any, will be obtained as required to
avoid delaying construction.
c. Where underground distribution construction is required, permission has been obtained
from state and local highway and road authorities to install underground distribution power
facilities and set pedestals, if any, on the highway and road right-of-way in the Project area.
Notwithstanding such permission granted to the Owner, each Bidder is responsible for
ascertaining that the equipment, methods of construction and repair proposed to be used on the
Project will meet all requirements of public authorities having jurisdiction over highway and road
right-of-way. The successful Bidder will be required to furnish proof satisfactory to the Owner of
compliance with this requirement. If required by highway or road authorities, the successful
Bidder will furnish to such authorities a Bond or meet other guaranty requirements to assure the
prompt repair of all damages to highways and roads and their associated right-of-way caused by
the Contractor during construction of the Project. This requirement is in addition to and
independent of the Contractor's Bond required under this Contract. The acceptance of a Bid from
any Bidder is not to be construed as approval of the Bidder's equipment or proposed construction
methods by or on behalf of the highway and road authorities. Bidders may obtain information
concerning the requirements of highway and road authorities by communicating with the
following: City of Geneva, City Engineer.
The Contractor shall be solely responsible for obtaining any and all existing underground facility
locations, with the appropriate owners or authorities of such facilities, prior to commencing work
in such areas. Such contact(s) shall be made with sufficient and appropriate lead times to allow
for the appropriate time to locate and/or mark such underground facilities.
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d. All funds necessary for prompt payment for the construction of the Project will be
available.
If the Owner shall fail to comply with any of the undertakings contained in the foregoing
representations or if any of such representations shall be incorrect, the Contractor will be entitled
to an extension of time of completion for a period equal to the delay, if any, caused by the failure
of the Owner to comply with such undertakings or by any such incorrect representation, provided
the Contractor shall have promptly notified the Owner in writing of its desire to extend the time of
completion in advance with the foregoing; provided, however, that such extension, if any, of the
time of completion shall be the sole remedy of the Contractor for the Owner's failure, because of
conditions beyond the control and without the fault of the Owner, to furnish materials in
accordance with subparagraph a. hereof.
18. Freedom of Information:
Contractor acknowledges that the Freedom of Information Act, 5 ILCS 140/1 et seq. (the "Act")
places an obligation on the City to produce certain records that may be in the possession of the
Contractor. Contractor shall comply with the record retention and documentation requirements of
the Local Records 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 and the 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 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 the Act due to Contractor's actions, Contractor
shall reimburse the City for all fines, fee or penalties, including reasonable attorney's fees, paid
by the City.
19. CLEAN CONSTRUCTION AND DEMOLITION DEBRIS
To the best of our knowledge, the locations where excavations will occur have the following
designations: Residential/Farmland. The soils in the area are anticipated to be Clean
Construction Demolition Debris. Any soils excavated and removed from this site need to be
tested according to the regulations relating to Potentially Impacted Properties. The Contractor is
encouraged to excavate a minimum amount of material and to use the excavated material as
backfill at the locations where the material was removed. The locations that were backfilled will be
capped with an equal depth of topsoil (compared to the surrounding area) trucked in from an
approved source or capped with the topsoil removed from the area if it is not comingled with clay.
These locations shall then be restored per the plan and specifications.
If the Contractor has reason to believe that the soil being removed is not consistent as described
above, the City shall be notified and a Photo Ionization Detector (PID) can be used to ascertain if
the soil being removed is Clean Construction Demolition Debris. The excavated material resulting
from the performance of any of the work if hauled away from the site to be disposed of, shall meet
the current requirements set forth by the IEPA in Public Act 96-1416 for Clean Construction and
Demolition Debris. This compliance may include providing certification from a licensed
Professional Engineer, geotechnical testing, dumping fees, and proper documentation.
The City's storage facility is no longer able to be used as a temporary holding site for the
Contractor's soil. The west side storage yard has been permanently closed.
20. Tax Exempt Status
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