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HomeMy WebLinkAboutSkyline Construction, Inc-3/18/2013FA96 (Form 650019) 05-12 CONTRACT Letting Date: February 19, 2013 Contract ID: 07-0636-088 County: BLACK HAWK Project Engineer: NEW HAMPTON RCE Cost Center: 611000 Object Code: 890 Contract Work Type: PCC PAVEMENT - GRADE/NEW Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 Bid Order No.: 101 r=.1 tr, DBE Commitment $255, 500.00 This agreement made and entered by and between the CITY OF WATERLOO CONTRACTING AUTHORITY, AND SKYLINE CONSTRUCTION, INC. OF DECORAH, IA, (SK040), CONTRACTOR It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed below, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting Authority under date of 02/19/2013 PROJECT: NHSX-063-6(88)--3H-07 COUNTY: BLACK HAWK WORK TYPE: PCC PAVEMENT - GRADE/NEW ACCOUNTING ID: 30409 ROUTE: U.S. 63 LENGTH (MILES): 1 LOCATION: IN THE CITY OF WATERLOO FROM S. OF NEWELL/CONGER ST. TO DONALD ST FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2012 of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and addendums: DS -12007, DS -12022, DS -12024, FHWA-1273.05, GS -12001, IA13-1.0, SP -120042, SP -120045, SP -122001, SP -122002, SP -122003, SP -122004, SS -12005, ADDENDUMS: 19FEB101.A01, 19FEB101.A02, 19FEB101.A03, 19FEB101.A04, 19FEB101.A05, 19FEB101.A06, 19FEB101.A07, 19FEB101.A08 Contractor, for and in considerations of $9,997,320.09 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac- tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor- ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the specifications. It is further understood and agreed that the above work shall also be commenced or completed in accordance with Page 1B of this Contract and assigned Proposal Notes. To accomplish the purpose herein expressed, the Contracting authority and Contractor have signed this and one other identical instrument. By By ;aero Contractor (if joint venture) M I Ig -6 Contracting Authority Contract Award Date Iowa DOT Concurrence "V --1a- ,„ ' i c For Local Agency Contracts c APP.- 2 t Concurrence Date FB96 (Form 650019) 11-05 Letting Date: It is further the following February 19, 2013 Contract ID: 07-0636-088 Page: 1B Bid Order No. : 101 understood and agreed that the above work shall be commenced or completed in accordance with schedule: SITE NUMBER CONTRACT PERIOD /SITE DESCRIPTION LIQUIDATED DAMAGES 01 SPECIFIED START 04/01/2013 180 CALENDAR DAYS SEE SITE NUMBER 01 DESCRIPTION IN NOTE 656.0184. 02 03 04 SPECIFIED START 04/01/2013 30 CALENDAR DAYS SEE SITE NUMBER 02 DESCRIPTION IN NOTE 656.0184. SPECIFIED START 04/07/2014 215 CALENDAR DAYS SEE SITE NUMBER 03 DESCRIPTION IN NOTE 656.0184. NO START DATE SPECIFIED 25 CALENDAR DAYS SEE SITE NUMBER 04 DESCRIPTION IN NOTE 656.0184. CONTRACT NOTES $5,000.00 $15,000.00 $5,000.00 $15,000.00 REFER TO 656.0184 FOR THE FOLLOWING INFORMATION: *** INCENTIVE/DISINCENTIVE - SITE INFORMATION *** *** NO EXCUSE ROAD OPENING BONUSES *** CONTRACT SCHEDULE OF PRICES Page: 2 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 Item 1 Unit Price I Bid Amount Line I Item Number Quantity 1 I No 1 Item Description and Unit 1 Dollars 1 Cts I Dollars 'Cts SECTION 0001 ROADWAY ITEMS 12101-0850002 CLEARING 0010 AND GRUBBING 1 (UNIT 1 325.0001 1 1 20.000001 6,500.00 12102-2710070 EXCAVATION, 1 I I 0020 (CLASS 10, ROADWAY AND 1 28,690.0001 9.950001 285,465.50 'BORROW ICY 1 1 12102-2712015 EXCAVATION, 1 1 1 0030 'CLASS 12, BOULDERS OR 1 200.0001 20.000001 4,000.00 IROCK FRAGMENTS ICY 1 1 12105-8425005 TOPSOIL, 1 1 I 0040 'FURNISH AND SPREAD I 4,450.0001 20.000001 89,000.00 1 ICY 1 I 12105-8425015 TOPSOIL, 1 I I 0050 'STRIP, SALVAGE AND 1 5,409.0001 7.950001 43,001.55 'SPREAD ICY 1 1 12107-0875000 COMPACTION 1 1 I 0060 IWITH MOISTURE AND 1 2,000.0001 2.000001 4,000.00 'DENSITY CONTROL ICY 1 I 12109-8225100 SPECIAL 1 1 I 0070 (COMPACTION OF SUBGRADE 1 35.3401 350.000001 12,369.00 1 TSTA 1 I 12113-0001100 SUBGRADE 1 1 I 0080 'STABILIZATION MATERIAL, 1 2,000.0001 3.000001 'POLYMER GRID 1SY 1 1 6,000.00 12115-0100000 MODIFIED 1 1 I 0090 'SUBBASE 1 15,388.4001 30.330001 466,730.17 1 ICY 1 I 12123-7450020 SHOULDER 1 1 I 0100 'FINISHING, EARTH 1 109.0001 150.000001 16,350.00 I TSTA 1 I 12529-5070110 PATCHES, 1 0110 'FULL -DEPTH FINISH, BY IAREA 1 SY 1 1 40.3001 60.000001 2,418.00 CONTRACT SCHEDULE OF PRICES Page: 3 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 Item 1 Unit Price 1 Bid Amount Line I Item Number Quantity I 1 No 1 Item Description and Unit 1 Dollars 1 Cts I Dollars 'Cts 12530-5070221 REGULAR 0120 'PARTIAL DEPTH HOT MIX 'ASPHALT FINISH PATCHES, ISY IBY AREA 1 396.7001 43.730001 I I 1 17,347.69 12529-5070120 PATCHES, 0130 'FULL -DEPTH FINISH, BY 1COUNT EACH 4.0001 102.000001 408.00 12212-5075001 HOT MIX 0140 'ASPHALT SURFACE PATCHES TON I I 82.0001 200.000001 1 16,400.00 12214-5145150 PAVEMENT 0150 1SCARIFICATION SY 1 1 247.6001 5.950001 I I 1,473.22 12301-1033060 STANDARD OR 1 1 I 0160 ISLIP FORM PORTLAND 1 1,623.7001 35.000001 'CEMENT CONCRETE PAVEMENT, ISY 1 I 'CLASS C, CLASS 3 1 I I 'DURABILITY, 6 IN. 1 1 I 56,829.50 12301-1033070 STANDARD OR 1 0170 ISLIP FORM PORTLAND 'CEMENT CONCRETE PAVEMENT, ISY 'CLASS C, CLASS 3 'DURABILITY, 7 IN. 1,560.3001 1 1 36.500001 1 56,950.95 12301-1033090 STANDARD OR 1 1 I 0180 ISLIP FORM PORTLAND 1 282.6001 42.400001 'CEMENT CONCRETE PAVEMENT, ISY I 1 'CLASS C, CLASS 3 1 1 I 'DURABILITY, 9 IN. 1 1 I 11,982.24 12301-1033100 STANDARD OR 1 1 I 0190 ISLIP FORM PORTLAND ' 38,014.8001 40.050001 1,522,492.74 'CEMENT CONCRETE PAVEMENT, ISY 1 'CLASS C, CLASS 3 1 1 I 'DURABILITY, 10 IN. 1 I I 12301-4875006 MEDIAN, P.C. 1 I 0200 'CONCRETE, 6 IN. 1 107.5001 60.000001 I ISY 1 I 6,450.00 CONTRACT SCHEDULE OF PRICES Page: 4 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: SK040 Bid Order No.: 07-0636-088 Letting Date: PCC PAVEMENT - GRADE AND NEW BLACK HAWK 101 February 19, 2013 10:00 A.M. Line 1 Item Number No I Item Description Item Quantity and Unit Unit Price Dollars Bid Amount I Cts 1 Dollars ICts 12301-6911722 PORTLAND 0210 'CEMENT CONCRETE PAVEMENT 'LUMP 'SAMPLES LUMP 2,000.00 12301-7000110 PAYMENT 0220 'ADJUSTMENT 1INCENTIVE/DISINCENTIVE IFOR PCC PAVEMENT 'THICKNESS (BY SCHEDULE) 'EACH 34,210.000 1.000001 34,210.00 12303-0000100 HOT MIX 0230 'ASPHALT MIXTURE, 'COMMERCIAL MIX (INCLUDES 'TON 'ASPHALT BINDER), AS PER 1 IPLAN 254.200 110.00000 27,962.00 12304-0100000 DETOUR 0240 'PAVEMENT 1 1 SY 2,417.600 37.950001 91,747.92 12304-0101000 TEMPORARY 0250 'PAVEMENT 1SY 225.600 37.95000 8,561.52 12312-8260061 GRANULAR 0260 'SURFACING ON ROAD, CLASS I IB CRUSHED STONE ITON 200.000 22.00000 4,400.00 12316-0000110 PAYMENT 0270 'ADJUSTMENT 11NCENTIVE/DISINCENTIVE IFOR PCC PAVEMENT 'SMOOTHNESS (BY SCHEDULE) 1 28,510.000 1EACH 1 1.000001 28,510.00 12401-6745356 REMOVAL OF I 0280 'CONCRETE FOOTINGS OF 'LIGHT POLES 'EACH 49.000 150.00000 7,350.00 12401-6745650 REMOVAL OF I 0290 'EXISTING STRUCTURES 'LUMP 1 1LUMP 28,000.00 CONTRACT SCHEDULE OF PRICES Page: 5 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I 1 Item 1 Unit Price 1 Bid Amount Line 1 Item Number 1 Quantity 1 1 No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12401-6745765 REMOVAL OF 1 I I 0300 'LIGHT POLES 1 45.0001 230.000001 10,350.00 1 (EACH I I 12401-6745910 REMOVAL OF 1 I I 0310 'SIGN 1 166.0001 50.000001 8,300.00 'EACH ' ' 12401-6750001 REMOVALS, 1 I I 0320 IAS PER PLAN 'LUMP 'LUMP 1 2,000.00 I I I I 12416-0100024 APRONS, 1 0330 'CONCRETE, 24 IN. DIA. 1 'EACH 1.0001 1,000.000001 1 1,000.00 12435-0130148 MANHOLE, 1 1 I 0340 'SANITARY SEWER, SW -301, 1 21.0001 3,500.000001 148 IN. 'EACH 1 I 73,500.00 12435-0130348 MANHOLE, 1 1 I 0350 (SANITARY SEWER, SW -303, 1 4.0001 3,800.000001 15,200.00 148 IN. 'EACH 1 I 12435-0140148 MANHOLE, 1 1 I 0360 'STORM SEWER, SW -401, 48 1 9.0001 4,000.000001 'IN. 'EACH 1 I 36,000.00 12435-0140160 MANHOLE, 1 0370 'STORM SEWER, SW -401, 60 1 11N. 'EACH 3.0001 5,500.000001 16,500.00 12435-0140172 MANHOLE, 1 1 I 0380 'STORM SEWER, SW -401, 72 1 3.0001 7,500.000001 11N. 'EACH I I 22,500.00 12435-0140184 MANHOLE, 1 1 I 0390 'STORM SEWER, SW -401, 84 1 3.0001 11,000.000001 'IN. 'EACH 1 33,000.00 '2435-0140204 MANHOLE, 1 1 I 0400 'STORM SEWER, SW -402, TOP I 1.0001 1,500.000001 IONLY 'EACH 1 1 1,500.00 CONTRACT SCHEDULE OF PRICES Page: 6 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: SK040 Bid Order No.: 07-0636-088 Letting Date: PCC PAVEMENT - GRADE AND NEW BLACK HAWK 101 February 19, 2013 10:00 A.M. 1 Line I Item Number No 1 Item Description Item Quantity and Unit I Unit Price 1 I I I Dollars 1 Cts 1 Dollars ICts Bid Amount 12435-0250500 INTAKE, 0410 ISW-505 1 1 1EACH 1 2.0001 3,000.000001 6,000.00 12435-0250510 INTAKE, 0420 ISW-505 MODIFIED 1 1 1EACH 1 1.0001 1 3,900.000001 3,900.00 12435-0250700 INTAKE, 0430 1SW-507 1EACH 3,000.000001 1 33,000.00 12435-0250800 INTAKE, 0440 ISW-508 1 1 1 1EACH 1 2.0001 1 3,300.000001 1 6,600.00 12435-0250810 INTAKE, 0450 1SW-508 MODIFIED 1 1EACH 1.0001 1 4,300.000001 4,300.00 12435-0250900 INTAKE, 0460 ISW-509 1EACH 3.0001 5,000.000001 15,000.00 12435-0251000 INTAKE, 0470 ISW-510 1 1EACH 33.0001 5,100.000001 168,300.00 1 12435-0251010 INTAKE, 0480 ISW-510 MODIFIED 1 1EACH 11.0001 5,200.000001 57,200.00 12435-0251100 INTAKE, 0490 1SW-511 1EACH 1 7.0001 1 4,100.000001 28,700.00 12435-0251300 INTAKE, 0500 ISW-513 1 1 1 1EACH 1.0001 4,100.000001 4,100.00 12435-0254100 INTAKE, 0510 1SW-541 1 1 1EACH 9.0001 4,100.000001 36,900.00 CONTRACT SCHEDULE OF PRICES Page: 7 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I I Item 1 Unit Price 1 Bid Amount Line I Item Number 1 Quantity 1 I No 1 Item Description 1 and Unit I Dollars 1 Cts 1 Dollars 'Cts 12435-0254102 INTAKE, 0520 1SW-541, WELL ONLY 1 !EACH 2.0001 3,200.000001 6,400.00 12435-0254104 INTAKE, 0530 1SW-541, TOP ONLY 1 'EACH 2.0001 1 2,100.000001 4,200.00 12435-0254112 INTAKE, 0540 1SW-541 MODIFIED, WELL 1 'ONLY EACH 2.0001 3,400.000001 6,800.00 12435-0254114 INTAKE, 0550 ISW-541 MODIFIED, TOP 1 IONLY 'EACH 2.0001 3,200.000001 6,400.00 12435-0254200 INTAKE 1 1 0560 'EXTENSION UNIT, SW -542 1 11.0001 2,400.000001 26,400.00 'EACH 1 1 12435-0254500 INTAKE, 0570 1SW-545 I !EACH 6.0001 10,000.000001 60,000.00 12435-0254510 INTAKE, 1 0580 ISW-545 MODIFIED 1 'EACH 1.0001 11,000.000001 11,000.00 12435-0400000 DROP 0590 'CONNECTION, SW -307 1EACH 3.0001 2,000.000001 1 6,000.00 12435-0700010 CONNECTION I 0600 ITO EXISTING MANHOLE (EACH 6.0001 1 4,000.000001 24,000.00 12435-0700020 CONNECTION 1 1 0610 ITO EXISTING INTAKE ' 12.0001 4,000.000001 48,000.00 'EACH 1 12502-8212034 SUBDRAIN, 1 1 I 0620 'LONGITUDINAL, (SHOULDER) 1 10,620.1001 7.260001 14 IN. DIA. ILF 1 I 77,101.93 CONTRACT SCHEDULE OF PRICES Page: 8 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I 1 Item 1 Unit Price Bid Amount Line 1 Item Number I Quantity No 1 Item Description I and Unit 1 Dollars 1 Cts 1 Dollars !Cts 12502-8220193 SUBDRAIN 0630 'OUTLET (RF -19C) 'EACH 107.000 150.000001 16,050.00 12503-0114215 STORM SEWER 1 0640 !GRAVITY MAIN, TRENCHED, 1 !REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS 115 IN. 2,826.000 29.950001 84,638.70 12503-0114218 STORM SEWER 1 0650 'GRAVITY MAIN, TRENCHED, 1 'REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS 118 IN. 944.000 32.090001 30,292.96 12503-0114224 STORM SEWER 1 0660 'GRAVITY MAIN, TRENCHED, 1 'REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS III),1 124 IN. 1,207.000 38.99000 47,060.93 12503-0114230 STORM SEWER 1 0670 'GRAVITY MAIN, TRENCHED, 1 'REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS III),1 130 IN. 1,447.000 62.290001 90,133.63 12503-0114236 STORM SEWER 1 0680 'GRAVITY MAIN, TRENCHED, 1 !REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS III),1 136 IN. 1,777.000 64.440001 114,509.88 12503-0114242 STORM SEWER I 1 I 0690 'GRAVITY MAIN, TRENCHED, 1 1,976.0001 79.550001 157,190.80 'REINFORCED CONCRETE PIPE ILF 1 I 1(RCP), 2000D (CLASS III),1 1 I 142 IN. 1 1 I 12503-0114248 STORM SEWER 1 0700 'GRAVITY MAIN, TRENCHED, 1 'REINFORCED CONCRETE PIPE ILF 1(RCP), 2000D (CLASS III),1 148 IN. 58.000 100.00000' 5,800.00 CONTRACT SCHEDULE OF PRICES Page: 9 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 Item 1 Unit Price 1 Bid Amount Line 1 Item Number Quantity 1 I No 1 Item Description and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12503-0116244 STORM SEWER 1 1 I 0710 'GRAVITY MAIN, TRENCHED, 1 183.0001 100.000001 'REINFORCED CONCRETE ARCH ILF I 1 IPIPE (RCAP), 2000D I 1 1 1(CLASS A -III), 44 IN. X 1 1 I 127 IN. 1 1 I 18,300.00 12503-0116252 STORM SEWER 1 I I 0720 'GRAVITY MAIN, TRENCHED, 1 145.0001 112.070001 'REINFORCED CONCRETE ARCH LF 1 1 'PIPE (RCAP), 2000D 1 I I 1(CLASS A -III), 52 IN. X 1 1 I 132 IN. 1 I I 16,250.15 12503-0200036 REMOVE 1 1 I 0730 'STORM SEWER PIPE LESS 1 3,625.0001 10.000001 (THAN OR EQUAL TO 36 IN. ILF 1 I 1 1 1 1 36,250.00 12504-0110008 SANITARY 0740 'SEWER GRAVITY MAIN, 'TRENCHED, 8 IN. LF I I 220.0001 36.590001 I I 8,049.80 12504-0110010 SANITARY 0750 'SEWER GRAVITY MAIN, 'TRENCHED, 10 IN. LF 1 110.3001 43.590001 I I 4,807.98 12504-0110012 SANITARY 0760 'SEWER GRAVITY MAIN, 'TRENCHED, 12 IN. LF I I 4,629.6001 55.930001 258,933.53 I I 12504-0110015 SANITARY 0770 'SEWER GRAVITY MAIN, 'TRENCHED, 15 IN. LF I I 90.0001 70.000001 1 6,300.00 12504-0116008 SANITARY 1 1 I 0780 'SEWER GRAVITY MAIN, 1 20.0001 100.000001 'TRENCHED, DUCTILE IRON ILF 1 I IPIPE (DIP), 8 IN. 1 I I 2,000.00 12504-0116012 SANITARY 1 1 I 0790 'SEWER GRAVITY MAIN, 1 20.0001 166.550001 'TRENCHED, DUCTILE IRON ILF 1 1 IPIPE (DIP), 12 IN. 1 1 1 3,331.00 CONTRACT SCHEDULE OF PRICES Page: 10 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: SK040 Bid Order No.: 07-0636-088 Letting Date: PCC PAVEMENT - GRADE AND NEW BLACK HAWK 101 February 19, 2013 10:00 A.M. Line I No I Item I Unit Price Bid Amount Item Number Quantity I Item Description and Unit I Dollars I Cts I Dollars (Cts 12504-0140012 SANITARY 0800 (SEWER GRAVITY MAIN WITH 1 'CASING PIPE, TRENCHLESS, ILF 112 IN. 90.0001 1 1 300.000001 1 1 27,000.00 12504-0200404 SANITARY 0810 'SEWER SERVICE STUB, 'POLYVINYL CHLORIDE PIPE ILF I (PVC), 4 IN. 1 655.0001 1 1 27.600001 18,078.00 12504-0240036 REMOVE 0820 'SANITARY SEWER PIPE LESS 1 ITHAN OR EQUAL TO 36 IN. LF 1 1 1,437.0001 10.000001 1 14,370.00 12504-0240236 SANITARY 0830 (SEWER ABANDONMENT, FILL 1 IAND PLUG, LESS THAN OR ILF (EQUAL TO 36 IN. DIA. 1 3,270.0001 1 1 20.000001 1 65,400.00 12505-4008120 REMOVAL OF 0840 'STEEL BEAM GUARDRAIL 1 ILF 71.3001 11.000001 1 784.30 12510-6745850 REMOVAL OF 0850 'PAVEMENT ISY 1 44,306.2001 1 10.000001 443,062.00 1 12510-6750600 REMOVAL OF 0860 'INTAKES AND UTILITY (ACCESSES EACH 64.0001 350.000001 1 22,400.00 12511-0302500 0870 'RECREATIONAL TRAIL, 1PORTLAND CEMENT CONCRETE,1SY 15 IN. 1 3,913.6001 1 29.950001 1 117,212.32 12511-6745900 REMOVAL OF 0880 'SIDEWALK ISY 1 3,681.6001 1 5.600001 1 20,616.96 12511-7526004 SIDEWALK, P.I 0890 IC. CONCRETE, 4 IN. 1 ISY 2,076.6001 1 35.350001 1 73,407.81 CONTRACT SCHEDULE OF PRICES Page: 11 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I 1 Item I Unit Price 1 Bid Amount Line 1 Item Number 1 Quantity 1 I No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars (Cts 12511-7526006 SIDEWALK, P.! 1 1 0900 IC. CONCRETE, 6 IN. 1 212.9001 40.350001 8,590.52 1 ISY 1 1 12511-7528101 DETECTABLE 1 I I 0910 !WARNINGS 1 184.0001 30.300001 5,575.20 1 ISF 1 1 12512-1725206 CURB AND 1 I I 0920 'GUTTER, P.C. CONCRETE, 2.1 1,300.3001 15.000001 19,504.50 10 FT. 1LF 1 1 12512-1859000 CURB, 1 I I 0930 'SPECIAL, AS PER PLAN 1 1,426.0001 15.000001 21,390.00 1 1LF 1 1 12515-2475006 DRIVEWAY, P.1 1 I 0940 IC. CONCRETE, 6 IN. 1 489.2001 40.400001 19,763.68 1 ISY 1 I 12515-6745600 REMOVAL OF 1 1 I 0950 'PAVED DRIVEWAY 1 623.8001 7.950001 4,959.21 1 ISY 1 I 12517-4225210 RAILROAD I 1 0960 'APPROACH SECTION, P.C.C. 1 179.8001 122.000001 1 ISY 1 I 21,935.60 12518-6745880 REMOVAL OF 1 0970 (ROAD CLOSURE BARRICADE 1 1 (EACH 1 2.0001 1 100.000001 1 200.00 12518-6891820 PERMANENT I 0980 (ROAD CLOSURE, URBAN, 1 ISI -182 'EACH 1 2.0001 850.000001 1 1,700.00 12518-6910000 SAFETY I 1 I 0990 'CLOSURE 1 66.0001 100.000001 I'EACH 1 I 6,600.00 12519-1002084 FENCE, 1 1 I 1000 'CHAIN LINK, 84 IN. 1 120.0001 38.550001 'HEIGHT 1LF 1 1 4,626.00 CONTRACT SCHEDULE OF PRICES Page: 12 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 I Item I Unit Price I Bid Amount Line 1 Item Number 1 Quantity I I No 1 Item Description I and Unit .1 Dollars 1 Cts 1 Dollars (Cts 12519-4200020 REMOVAL AND 1 I I 1010 'REINSTALLATION OF FENCE, 1 100.0001 28.000001 ICHAIN LINK ILF 1 I 2,800.00 12519-4200120 REMOVAL OF I 1 I 1020 'FENCE, CHAIN LINK 1 120.0001 5.000001 ILF 1 600.00 12520-3350010 FIELD 1 1030 (LABORATORY I I (EACH 1.0001 1 12,000.000001 1 12,000.00 12523-0000100 LIGHTING i 1 1040 (POLES 1 39.0001 3,330.000001 (EACH 1 I 129,870.00 12523-0000200 ELECTRICAL I 1 I 1050 (CIRCUITS 1 16,698.0001 8.950001 149,447.10 ILF 1 12523-0000310 HANDHOLES I I I 1060 IAND JUNCTION BOXES I 36.0001 500.000001 18,000.00 I 'EACH I I 12523-0000400 CONTROL 1070 'CABINET 1 (EACH 2.0001 8,600.000001 17,200.00 12524-6765010 REMOVE AND 1 I I 1080 (REINSTALL SIGN AS PER 1 13.0001 100.000001 1,300.00 IPLAN (EACH I I 12524-9100010 OBJECT 1 I I 1090 (MARKER, TYPE 1 1 17.0001 66.000001 1,122.00 (EACH 1 12524-9265010 POSTS, 1 1 I 1100 (STEEL, AS PER PLAN ' 84.0001 122.000001 10,248.00 ' 'EACH 1 12524-9325001 TYPE A 1 I 1110 (SIGNS, SHEET ALUMINUM 1 922.0001 15.050001 13,876.10 ISF I I CONTRACT SCHEDULE OF PRICES Page: 13 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I I Item Unit Price Bid Amount Line I Item Number I Quantity No I Item Description I and Unit I Dollars 1 Cts 1 Dollars !Cts 12525-0000100 TRAFFIC 1 1120 1SIGNALIZATION !LUMP (LUMP 820,000.00 1 I 12525-0000120 REMOVAL OF I 1130 (TRAFFIC SIGNALIZATION ILUMP (LUMP 12,000.00 I I I 12526-8285000 I 1140 (CONSTRUCTION SURVEY ILUMP ILUMP 64,900.00 1 I 12527-9263109 PAINTED 1 1 I 1150 !PAVEMENT MARKING, I 1,085.5001 19.000001 20,624.50 !WATERBORNE OR ISTA ISOLVENT-BASED I 12527-9263131 WET 1160 (RETROREFLECTIVE (REMOVABLE TAPE MARKINGS ISTA 141.500 100.000001 14,150.00 12527-9263137 PAINTED 1 1170 (SYMBOLS AND LEGENDS, 1 IWATERBORNE OR (EACH ISOLVENT-BASED 119.000 82.000001 9,758.00 12527-9263180 PAVEMENT 1180 (MARKINGS REMOVED TSTA 225.200 30.000001 6,756.00 12527-9263190 SYMBOLS AND 1 1190 (LEGENDS REMOVED 1 IEACH 4.000 100.000001 400.00 12528-8400157 TEMPORARY I 1220 (FLOODLIGHTING LUMINAIRE 1 (EACH 4.0001 1,600.000001 6,400.00 12528-8400256 TEMPORARY I 1230 (TRAFFIC SIGNALS I (EACH 15.000 3,400.000001 51,000.00 12528-8445110 TRAFFIC 1 I 1240 (CONTROL ILUMP ILUMP 1 I I 36,500.00 CONTRACT SCHEDULE OF PRICES Page: 14 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I I Item I Unit Price 1 Bid Amount Line I Item Number 1 Quantity I I No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars (Cts 12528-9290050 PORTABLE I I I 1250 'DYNAMIC MESSAGE SIGN 1 2,400.0001 50.000001 120,000.00 1(PDMS) ICDAY I I 12529-0400057 HOT MIX 1 1 I 1260 (ASPHALT (COMPOSITE 1 6.5001 160.000001 'SECTION) 'TON 1 I 1,040.00 12533-4980005 1 I I 1270 !MOBILIZATION 'LUMP 'LUMP 1 549,000.00 I I I I 12540-4480507 I I I 1280 'LONGITUDINAL JOINT 1 840.0001 10.000001 8,400.00 'REPAIR ILF I I 12552-0000140 ROCK 1 1 I 1290 'EXCAVATION 1 100.0001 44.000001 4,400.00 1 ICY 1 I 12552-0000210 TRENCH 1 I I 1300 'FOUNDATION 1 100.0001 30.000001 3,000.00 1 'TON 1 12552-0000300 TRENCH 1 1 I 1310 'COMPACTION TESTING (LUMP 'LUMP 1 18,000.00 1 1 1 I 12554-0112004 WATER MAIN, 1 I I 1320 'TRENCHED, DUCTILE IRON 1 20.0001 50.000001 'PIPE (DIP), 4 IN. ILF 1 I 1,000.00 12554-0112006 WATER MAIN, I I I 1330 'TRENCHED, DUCTILE IRON 1 210.0001 55.000001 11,550.00 (PIPE (DIP), 6 IN. ILF I I 12554-0112008 WATER MAIN, I I I 1340 'TRENCHED, DUCTILE IRON 1 107.0001 50.000001 5,350.00 (PIPE (DIP), 8 IN. ILF I I 12554-0112012 WATER MAIN, I I I 1350 'TRENCHED, DUCTILE IRON 1 4,010.0001 47.950001 192,279.50 IPIPE (DIP), 12 IN. ILF 1 1 CONTRACT SCHEDULE OF PRICES Page: 15 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 1 Item 1 Unit Price 1 Bid Amount Line 1 Item Number 1 Quantity 1 I No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12554-0132006 WATER MAIN 1360 'WITH CASING PIPE, (TRENCHED, DUCTILE IRON [PIPE (DIP) , 6 IN. 1LF 1 I I 408.0001 100.000001 1 1 1 1 40,800.00 12554-0132012 WATER MAIN 1370 'WITH CASING PIPE, (TRENCHED, DUCTILE IRON 'PIPE (DIP), 12 IN. 1LF 1 1 178.0001 155.000001 1 1 1 1 27,590.00 12554-0142012 WATER MAIN 1 1 I 1380 'WITH CASING PIPE, 1 90.0001 275.750001 ITRENCHLESS, DUCTILE IRON 1LF 1 I 'PIPE (DIP), 12 IN. 1 I I 24,817.50 12554-0203000 FITTINGS BY 1 1 I 1390 (WEIGHT, DUCTILE IRON 1 7,560.0001 5.550001 41,958.00 1 ILB 1 12554-0207004 VALVE, GATE,1 1 I 1400 'DIP, 4 IN. 1 1.0001 650.000001 1 'EACH 1 I 650.00 12554-0207006 VALVE, GATE,1 1410 'DIP, 6 IN. 1 1 'EACH 1 3.0001 1 720.000001 1 2,160.00 12554-0207012 VALVE, GATE,1 1 I 1420 (DIP, 12 IN. 1 5.0001 2,100.000001 10,500.00 1 (EACH 1 I 12554-0208006 TAPPING 1 1430 'VALVE ASSEMBLY, 6 IN. 1 1 (EACH 1 4.0001 1 1 2,900.000001 1 11,600.00 12554-0208008 TAPPING 1 1 I 1440 'VALVE ASSEMBLY, 8 IN. 1 2.0001 3,000.000001 6,000.00 I'EACH 1 I 12554-0208012 TAPPING 1 1450 'VALVE ASSEMBLY, 12 IN. 1 1 'EACH 1 2.0001 1 8,000.000001 1 16,000.00 12554-0210201 FIRE 1 1 I 1460 'HYDRANT ASSEMBLY, WM-201 1 16.0001 5,000.000001 1 'EACH 1 80,000.00 CONTRACT SCHEDULE OF PRICES Page: 16 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: SK040 Bid Order No.: 07-0636-088 Letting Date: PCC PAVEMENT - GRADE AND NEW BLACK HAWK 101 February 19, 2013 10:00 A.M. Line I Item Number No 1 Item Description Item Quantity 1 Unit Price 1 Bid Amount and Unit 1 Dollars 1 Cts 1 Dollars ICts 12599-9999005 ('EACH' 1470 'ITEM) ABANDON SANITARY 1MANHOLE 1 1EACH 8.0001 1,000.000001 8,000.00 12599-9999005 ('EACH' 1480 (ITEM) ABANDON WATER 'MAIN WITH PLUG 1EACH 7.0001 400.000001 2,800.00 12599-9999005 ('EACH' 1490 IITEM) BIORETENTION CELL 1 (EACH 1.000' 74,500.000001 1 74,500.00 12599-9999005 ('EACH' 1500 IITEM) DRIVEOVER 'PROTECTION FOR TEMPORARY 'EACH IWATER MAIN 8.0001 2,000.000001 16,000.00 12599-9999005 ('EACH' 1510 'ITEM) FLAP GATE WITH 1HEADWALL 1EACH 1.0001 10,000.000001 10,000.00 12599-9999005 ('EACH' 1520 'ITEM) LIMESTONE 'NEIGHBORHOOD MARKER (2' IH X 3' W X 4' L) 2.0001 1EACH 3,500.000001 7,000.00 12599-9999005 ('EACH' 1530 IITEM) LIMESTONE 'NEIGHBORHOOD MARKER (2' 1H X 3' W X 5' L) 1EACH 1 1.0001 4,100.000001 4,100.00 12599-9999005 ('EACH' 1540 'ITEM) LIMESTONE INEIGHBORHOOD MARKER (2' 1H X 3' W X 6' L) 1EACH 15.0001 1,400.000001 21,000.00 12599-9999005 ('EACH' 1550 'ITEM) PEDESTRIAN LIGHT I 'FIXTURE 'EACH 61.0001 3,100.000001 189,100.00 12599-9999005 ('EACH' 1560 IITEM) REMOVE FIRE IHYDRANT 1EACH 13.0001 300.000001 3,900.00 CONTRACT SCHEDULE OF PRICES Page: 17 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 Line 1 Item Number No 1 Item Description 1 Item 1 Unit Price Bid Amount 1 Quantity 1 1 and Unit 1 Dollars 1 Cts ( Dollars 'Cts 12599-9999005 ('EACH' 1570 'ITEM) REMOVE WATER 'VALVE MANHOLES 1 1 1 14.0001 750.000001 10,500.00 'EACH 1 12599-9999005 ('EACH' 1 1 1580 'ITEM) STEEL BENCH 1 8.0001 1,000.000001 8,000.00 1 (EACH 1 12599-9999005 ('EACH' 1 1590 'ITEM) TRASH RECEPTACLE 1 1 (EACH 1 8.0001 1 1,200.000001 9,600.00 12599-9999005 ('EACH' 1600 'ITEM) WATER SERVICE 'RECONNECTION, COPPER, 1 11N. 1 1 1EACH 1 7.0001 1 1 300.000001 2,100.00 12599-9999005 ('EACH' 1 1610 'ITEM) WATER SERVICE 1 (RECONNECTION, COPPER, 2 'EACH 'IN. 1 750.000001 750.00 12599-9999005 ('EACH' 1 1 1620 'ITEM) WATER SERVICE 1 50.0001 440.000001 22,000.00 (RECONNECTION, COPPER,(EACH 1 13/4 IN. 1 1 12599-9999005 ('EACH' 1 1 1630 IITEM) WATER SERVICE, 1 60.0001 1,000.000001 60,000.00 'TEMPORARY 'EACH 1 12599-9999009 ('LINEAR 1640 IFEET' ITEM) (A)STORM 'SEWER GRAVITY MAIN, 1TRENCHLESS, REINFORCED 'CONCRETE ARCH PIPE 1 (RCAP) , 3750D (CLASS 1A -III), 44 IN. X 27 IN. 1 1 1LF 1 1 1 1 81.0001 1 1 1 1 1 1,000.00000 81,000.00 CONTRACT SCHEDULE OF PRICES Page: 18 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 1 Item 1 Unit Price 1 Bid Amount Line 1 Item Number 1 Quantity 1 1 No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12599-9999009 ('LINEAR 1650 'FEET' ITEM) (B)STORM 'SEWER GRAVITY MAIN, 1TRENCHLESS, REINFORCED 'CONCRETE ARCH PIPE 1(RCAP), 3750D (CLASS IA -III), 52 IN. X 32 IN. 1LF 1 1 81.0001 1,200.000001 1 1 1 1 1 1 1 1 1 1 97,200.00 12599-9999009 ('LINEAR 1 1 I 1660 'FEET' ITEM) ABANDON 1 240.0001 20.000001 4,800.00 'WATER MAIN WITH FLOWABLE 'LF 1 I 'MORTAR 1 1 I 12599-9999009 ('LINEAR 1 1 I 1670 'FEET' ITEM) STEEL 1 90.0001 100.000001 9,000.00 'CASING FOR WATER 'LF 1 I 1SEERVICES, TRENCHED, 6 1 1 I 'IN. DIA. 1 1 I 12599-9999009 ('LINEAR 1 1 I 1680 (FEET' ITEM) WATER MAIN, 1 3,706.0001 11.000001 'TEMPORARY, POLYVINYL 'LF 1 I 'CHLORIDE, 3 IN. 1 1 1 40,766.00 12599-9999009 ('LINEAR 1 1 I 1690 'FEET' ITEM) WATER 1 1,097.0001 30.000001 32,910.00 'SERVICE LINE, COPPER, 1 'LF 1 1 IIN. 1 1 I 12599-9999009 ('LINEAR 1700 IFEET' ITEM) WATER (SERVICE LINE, COPPER, 2 1IN. 1LF 1 1 24.0001 50.000001 1 1 1 1 1,200.00 12599-9999009 ('LINEAR 1 1 I 1710 'FEET' ITEM) WATER 1 1,021.0001 30.000001 30,630.00 'SERVICE LINE, COPPER, 'LF 1 I 13/4 IN. 1 I I 12599-9999010 ('LUMP SUM' 1 1 I 1720 'ITEM) REMOVAL OF 'LUMP (LUMP 1 40,000.00 ICENTURYLINK DUCTS AND 1 1 I 'VAULTS 1 1 1 CONTRACT SCHEDULE OF PRICES Page: 19 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 1 Item 1 Unit Price 1 Bid Amount Line 1 Item Number 1 Quantity 1 1 No 1 Item Description 1 and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12599-9999014 ('SQUARE 1 I I 1730 IFEET' ITEM) ADA 1 562.0001 28.000001 15,736.00 'TRUNCATED DOME TILES ISF I 1 12599-9999014 ('SQUARE 1 1 I 1740 (FEET' ITEM) BRICK 1 17,351.0001 9.100001 157,894.10 (PAVERS (4 INCH X 8 INCH ISF I I 'CLAY) 1 1 I 12601-2633100 MOWING 1 1 I 1750 I 1 36.4001 200.000001 7,280.00 'ACRE 1 I 12601-2634105 MULCHING, 1 1 I 1760 'BONDED FIBER MATRIX 1 20.8001 2,500.000001 52,000.00 I 'ACRE 1 I 12601-2636044 SEEDING AND 1 1 1770 'FERTILIZING (URBAN) 1 10.4001 1,210.000001 12,584.00 1 'ACRE 1 12601-2640350 SPECIAL 1 1 1780 'DITCH CONTROL, WOOD 1 114.0001 13.000001 'EXCELSIOR MAT ISQ 1 1,482.00 12601-2642120 STABILIZING 1 1 I 1790 (CROP - SEEDING AND 1 10.4001 900.000001 9,360.00 'FERTILIZING (URBAN) IACRE 1 I 12602-0000020 SILT FENCE 1 1 I 1800 1 1 1,310.0001 1.950001 2,554.50 ILF 1 12602-0000071 REMOVAL OF 1 1 I 1810 (SILT FENCE OR SILT FENCE 1 1,310.0001 1.050001 IFOR DITCH CHECKS 1LF 1 I 1,375.50 12602-0000101 MAINTENANCE 1 1 I 1820 1OF SILT FENCE OR SILT 1 655.0001 0.550001 'FENCE FOR DITCH CHECK ILF 1 1 1 1 I 360.25 12602-0000312 PERIMETER 1830 'AND SLOPE SEDIMENT 'CONTROL DEVICE, 12 IN. 1DIA. 1 1 LF 1 1 3,355.0001 2.500001 8,387.50 CONTRACT SCHEDULE OF PRICES Page: 20 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK I Item 1 Unit Price 1 Bid Amount Line 1 Item Number Quantity 1 I No 1 Item Description and Unit 1 Dollars 1 Cts 1 Dollars 'Cts 12602-0000350 REMOVAL OF 1 I I 1840 'PERIMETER AND SLOPE 1 3,355.0001 1.150001 'SEDIMENT CONTROL DEVICE ILF 1 I 1 I I I 3,858.25 12602-0010010 1850 'MOBILIZATIONS, EROSION 1CONTROL I EACH 1 4.0001 500.000001 I I 2,000.00 12602-0010020 1 1 1860 'MOBILIZATIONS, EMERGENCY 1 8.0001 1,000.000001 'EROSION CONTROLIEACH 1 8,000.00 12611-0000100 SHRUBS, 1 1 1870 'FURNISHED AND INSTALLED 1 16.0001 22.000001 1(WITH WARRANTY)IEACH 1 352.00 12611-0000200 TREES, 1 1 1 1880 'FURNISHED AND INSTALLED 1 315.0001 290.000001 91,350.00 1(WITH WARRANTY) 'EACH 1 I 12530-0400061 HOT MIX 1 1 I 1885 'ASPHALT (PARTIAL DEPTH 1 64.7061 150.00000' 9,705.90 (PATCH MATERIAL) ITON 1 I 12595-0000115 CCP 1 1 I 1886 (INSURANCE PROVISIONS'LUMP 'LUMP 1 25,000.00 I 1 1 I SECTION 0002 I/D ITEMS 12528-5160100 CRITICAL 1 1 I 1890 'CLOSURE ACTIVITY 1 30.0001 5,000.000001 'INCENTIVE PAYMENT (OR ICDAY 1 I 'DISINCENTIVE ASSESSMENT) 1 1 I (SITE 01 1 I I 150,000.00 12528-5160100 CRITICAL 1 I I 1900 'CLOSURE ACTIVITY I 10.0001 15,000.000001 150,000.00 'INCENTIVE PAYMENT (OR ICDAY 1 I 'DISINCENTIVE ASSESSMENT) 1 1 I ISITE 02 1 1 1 CONTRACT SCHEDULE OF PRICES Page: 21 ******************************************************************************** Vendor No.: SK040 Bid Order No.: 101 Contract ID No.: 07-0636-088 Letting Date: February 19, 2013 Primary Work Type: PCC PAVEMENT - GRADE AND NEW 10:00 A.M. Primary County: BLACK HAWK 1 Item Line 1 Item Number Quantity No 1 Item Description and Unit Unit Price Dollars 1 1 Bid Amount 1 Cts 1 Dollars (Cts 12528-5160100 CRITICAL 1910 'CLOSURE ACTIVITY 'INCENTIVE PAYMENT (OR ICDAY 'DISINCENTIVE ASSESSMENT) 1 ISITE 03 I 30.000 1 5,000.000001 1 1 1 150,000.00 SECTION 0003 BONUS ITEMS 12528-5160000 NO EXCUSE 1920 'ROAD OPENING BONUS, 'COMPLETE STAGES 1 - 5A ION OR BEFORE 11/26/2013 1 1LUMP 1 1 I 1LUMP 1 1 120,000.00 12528-5160000 NO EXCUSE 1930 IROAD OPENING BONUS, 'COMPLETE STAGES 6-8 ON IOR BEFORE 11/25/2014 1 1LUMP 1 1 I 1LUMP 1 I 120,000.00 'TOTAL BID 1 9,997,320.09 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: January 25, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a01 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following change to the PROPOSAL SPECIAL PROVISIONS LIST AND TEXT: Add the following: 660.26 *** SPECIALTY ITEM *** The item 'TRAFFIC SIGNALIZATION' and/or `TRAFFIC SIGNAL INSTALLATION' is considered a specialty item for this project. When performed by subcontract, the cost of the specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work required to be performed by the Prime Contractor with his/her own organization. Refer to Article 1108.01 of the Standard Specifications. Make the following change to the SPECIAL PROVISIONS: SP -122001 FOR BRICK PAVERS FEBRUARY 19, 2013 Section 2.05: Delete Paragraph 2.05.D.3. SP -122003 FOR LIMESTONE FEBRUARY 19, 2013 Section 2.04D: Add the following section: 4. As an alternative to completing the Graffiti Control sealant in the field, the work described in Paragraphs 1-3 may be completed in the shop prior to shipping the limestone to the project site. Make the following change to Plan: SHEET NUMBER C.3: Move Item Number 155 2599-9999005 PEDESTRAIN LIGHT FIXTURE, EACH, 61 from Division 2 column to Division 4 column. Page 1 of 2 SHEET NUMBER J.1: TRAFFIC CONTROL PLAN Tab 108-23A Add the following to 3. "..with the drop off exceeding the existing pavement thickness" SHEET NUMBER U.1 GENERAL NOTES 6. Replace (1/2 -INCH FOR SEEDIND AREAS) with (ROCKS LARGER THAN 1 - INCH TO BE REMOVED FOR SEEDING AREA) SHEET NUMBER U.10 PLANT QUANTITIES LISTING Tab 100-20 No. 4 GIN GINKGO BILOBA 2.5" to 3" SHEET U.12 TYPICAL TREE PLANTING Delete "IF PROCOLATION TEST FINDS POOR DRAINNING SOIL," replace with "APPLY TO ALL TREES,"... Page 2 of 2 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: January 30, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a02 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following changes to the PROPOSAL SCHEDULE OF PRICES: Change Proposal Line No. 0110: From: 2212-5070310 PATCHES, FULL -DEPTH REPAIR To: 2529-5070110 PATCHES, FULL -DEPTH FINISH, BY AREA Change Proposal Line No. 0120: From: 2212-5070322 PATCHES, PARTIAL -DEPTH REPAIR, HOT MIX ASPHALT, 243.700 SY To: 2530-5070221 REGULAR PARTIAL DEPTH HOT MIX ASPHALT FINISH PATCHES, BY AREA, 396.700 SY Change Proposal Line No. 0130: From: 2212-5070330 PATCHES BY COUNT REPAIR To: 2529-5070120 PATCHES, FULL -DEPTH FINISH, BY COUNT Change Proposal Line No. 1250: From: 2528-9290004 CHAGEABLE MESSAGE SIGNS, PORTABLE To: 2528-9290050 PORTABLE DYNAMIC MESSAGE SIGN (PDMS) Change Proposal Line No. 1520: From: 2599-9999005 (`EACH' ITEM) LIMESTONE BLOCK (2' H X 3' W X 4' L) To: 2599-9999005 (`EACH' ITEM) LIMESTONE NEIGHBORHOOD MARKER (2' H X 3' W X 4' L) Change Proposal Line No. 1530: From: 2599-9999005 (`EACH' ITEM) LIMESTONE BLOCK (2' H X 3' W X 5' L) To: 2599-9999005 (`EACH' ITEM) LIMESTONE NEIGHBORHOOD MARKER (2' H X 3' W X 5' L) Change Proposal Line No. 1540: From: 2599-9999005 (`EACH' ITEM) LIMESTONE BLOCK (2' H X 3' W X 6' L) To: 2599-9999005 (`EACH' ITEM) LIMESTONE NEIGHBORHOOD MARKER (2' H X 3' WX6'L) Page 1 of 2 Add Proposal Line No. 1885: 2530-0400061 HOT MIX ASPHALT (PARTIAL DEPTH PATCH MATERIAL,TON 64.706 If the above changes are not made, they will be made as shown here. Make the following change to the SPECIAL PROVISIONS: SP -122001 FOR BRICK PAVERS FEBRUARY 19, 2013 Section 2.01.C.1. Add the following additional bullet item: - Belden Brick Company, Belden City Line Pavers series, 4 -inch by 8 -inch by 2 3/4 -inch beveled edge pavers. Color: Admiral Full Range. SP -122004 TRAFFIC SIGNALIZATION FEBRUARY 19, 2013 Section 0. FIBER OPTIC CABLE Change to a Minimum 72 Strand Single Mode Cable. Make the following changes to the plan: ESTIMATE REFERENCE INFORMATION: SHEET C.6 ITEM NO. 125: from: Refer to Iowa DOT Developmental Specifications for Changeable Message Signs. to: Refer to Special Provisions for Portable Dynamic Message Sign. ITEM NO. 153 - 154: from: LIMESTONE BLOCK. to: LIMSTONE NEIGHBORHOOD MARKER. SHEET L.1 through L.10 On the L -sheets, all longitudinal joints for side roads shall be L-2 or KT -2 joints if the pavement thickness is 8 -inches or more, and shall be L-1 or KT -1 joints if the pavement thickness is 7 -inches or less. SHEET N.13 26. Delete reference to "Fiber optic cable shall be minimum 74 Strand Single Mode" and replace it with, "Fiber optic cable shall be a minimum of 72 strand single mode cable." Page 2 of 2 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: February 1, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a03 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. On the RAILROAD DATA SHEET: Change the Railroad Contact Telephone Number from 708-332-3557 to 319-236-9205 On SHEET J.1 of the Plans: ALL CONSTRUCTION STAGES: Replace Note 1 with the following: During all stages, existing pavement and/or replacement earth or granular material shall be kept in place at least 6 feet beyond the edge of active traffic lanes, to allow space for a shoulder and barricades. It will be permissible to remove pavement up to the median curb in Stage 5, provided that the pavement removal line is at least 3 feet from the live traffic lanes and provided that the removal area is immediately filled with earth or granular material sufficient to support traffic within 6 feet of the live traffic lanes, resulting in no dropoff within 6 feet of the live traffic lanes. No additional payment will be made for the replacement earth or granular material. The existing curb adjacent to the live traffic lanes shall be kept in place through Stage 5. At intersections, the initial pavement removal line in Stage 5 shall be adjusted so that no additional temporary pavement is needed in Stage 5A above that which is shown in Sheets J.10 to J.13. In Stage 5 at Donald Street, the initial pavement removal line shall be at least 4 feet beyond the edge of active traffic lanes for the purpose of storm sewer construction, but this area shall be immediately filled and provided with temporary surfacing as soon as the storm sewer is complete. Page 1 of 1 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Date of Addendum: February 5, 2013 Office of Contracts B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a04 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. On SHEET N.11 and SHEET N.12 of the Plan: The 12 -foot radius shown on the Light Pole/Mast Arm Detail on Sheet N.11, and the Steel Mast Arm Pole on Sheet N.12, shall be modified to read "Minimum 9 -foot Radius". The luminaire arm length shall remain 12 feet. Page 1 of 1 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: February 7, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a05 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following changes to Page 2 of the PROPOSAL DETAILS: For Site Number 03: Change 205 Calendar Days to 215 Calendar Days. Add the following Site Number 04: 04 NO START DATE SPECIFIED 25 CALENDAR DAYS $ 15,000.00 SEE SITE NUMBER 04 DESCRIPTION IN NOTE 656.0184. Make the following changes to the PROPOSAL SCHEDULE OF PRICES: Add Proposal Line No. 1886: 2595-0000115 CCP INSURANCE PROVISION, LUMP LUMP If the above changes are not made, they will be made as shown here. Make the following change to the Proposal Special Provisions Text and the Proposal Special Provisions List: Add the following attached Special Provision: SP -120042 February 19, 2013 CONSTRUCTION WORK ON RAILROAD RIGHT-OF-WAY (CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY AND CEDAR RIVER RAILROAD COMPANY) Make the following changes to note 656.0184: For SITE NUMBER 03: Change 205 CLOSURE DAYS/CALENDAR DAYS to 215 CLOSURE DAYS/CALENDAR DAYS. Add the following: SITE NUMBER 04: 25 CLOSURE DAYS/CALENDAR DAYS, I/D RATE $15,000.00 PER DAY THIS SITE IS FOR THE CLOSURE AND DETOUR OF US 63 DURING STAGE 7. Page 1 of 20 SP -120042 (New) Iowa Department of Transportation SPECIAL PROVISIONS FOR CONSTRUCTION OR MAINTENANCE WORK ON RAILROAD RIGHT-OF-WAY (CHICAGO, CENTRAL, & PACIFIC RAILROAD COMPANY) Blackhawk County NHSX-063-6(88)--3H-07 Effective Date February 19, 2013 THE STANDARD SPECIFICATIONS, SERIES 2012, ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SPECIAL PROVISIONS AND THEY PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. 120042.01 DESCRIPTION. This specification applies to work involving construction or maintenance of roadways and structures on Chicago, Central, and Pacific Railroad (CCP) Right-of-way (ROW). This specification describes the following: • Requirements when work is within the ROW or properties of the CCP and adjacent to tracks, wire lines, and other facilities. • Coordination with CCP when work by the Contractor will be performed upon, over, or under the CCP ROW, or may impact current or future CCP operations. The CCP representative will be the person or persons identified by the CCP Public Works Manager to handle specific tasks related to the project. The contract documents will specify the contact information for this individual(s). Prior to advertising the project for letting, the Contracting Authority will negotiate and obtain an agreement with the CCP for the work on CCP ROW. The Contractor will also be required to enter into a Right of Entry agreement with the CCP for the purpose of coordinating Contractor work and CCP train activities. A copy of this agreement is attached as SP -120042, Attachment A. The Contractor shall provide physical barriers approved by CCP to protect track and ballast from damage and contamination when the Contractor's equipment is operating within 25 feet from nearest rail. 120042.02 REQUESTS FOR INFORMATION. All requests for information involving work within any CCP ROW shall be in accordance with the procedures listed in the contract documents. All requests shall be submitted to the Engineer. The Engineer will forward the request to the CCP as necessary. Page 2 of 20 120042.03 CONSTRUCTION AND AS -BUILT SUBMITTALS. A. Submittals are required for construction materials and procedures as outlined below. The submittals shall include all review comments from the Engineer. All design submittals shall be stamped and signed by a Professional Engineer registered in the State of Iowa. B. The tables below provide CCP's minimum submittal requirements for the construction items noted. Submittal requirements are in addition to those specified elsewhere in the contract documents. The minimum review times indicated below represent CCP's requirements only. The Contractor shall allow additional time for the CCP's review time as stated elsewhere in the contract documents. For this specification the following definitions shall apply: Overpass: when the roadway bridges over the railroad. Underpass: when the roadway crosses under the railroad. C. Submittals will be made by the Engineer to the CCP. Items in Table SP -120042.03-1 shall be submitted for both railroad overpass and underpass projects, as applicable. Items in Table SP - 120042.03 -2 shall be submitted for underpass projects only. Prior to or during construction of underpass structures, the CCP requires the review and approval of drawings, reports, test data, and material data sheets to determine compliance with the specifications. Product information for items noted in Table SP -120042.03-2 shall be submitted to CCP through the Engineer for their review and approval. The signed submittal and the Engineer's review comments will be reviewed and approved by CCP. Review of the submittals by CCP will not be conducted until after review by the Engineer. Table SP -120042.03-1: Review Sets and Miniumum Time for Review Description Sets Required CCP's Minimum Review lime Shoring design and details 2 4 weeks Falsework design and details 2 4 weeks Drainage design provisions 2 4 weeks Erection diagrams and sequence 2 4 weeks Demolition diagram and sequence 2 4 weeks Table SP -120042.03-2: Sets Required Description Sets Required Notes Shop drawings 4 Steel and Concrete members Bearings 4 For entire structures Concrete Mix Designs 4 For entire structures Rebar & Strand certifications 4 For superstructure only 28 day concrete strength 4 For superstructure only Waterproofing material certifications4 and installation procedure Waterproofing & protective boards Structural steel certifications 4 All fracture critical members & other members requiring improved notch toughness Fabrication and Test reports 4 All fracture critical members & other members requiring improved notch toughness. Page 3 of 20 r Welding Procedures and Welder Certification 4 AWS requirements Foundation Construction Reports 4 Pile driving, drilled shaft construction, bearing pressure test reports for spread footings. Compaction testing reports for backfill at abutments 4 Must meet 95% maximum dry density, Modified Proctor ASTM D 1557. D. As -Built Records will be submitted to the CCP within 1 year of completion of the structures. These records shall consist of the following items: 1. Overpass Projects: • Electronic files of all structure design drawings with as -constructed modifications shown in Auto -Cad Civil 3D or Acrobat .PDF format. • Hard copies of all structure design drawings with as -constructed modifications shown. 2. Underpass Projects: • Electronic files of all structure design drawings with as -constructed modifications shown, in Auto -Cad Civil 3D or Acrobat .PDF format. • Hard copies of all structure design drawings with as -constructed modifications shown. • Final approved copies of shop drawings for concrete and steel members. • Foundation Construction Reports • Compaction testing reports for backfill at abutments 120042.04 SITE INSPECTIONS BY THE CCP. Site inspections may be performed by the CCP at any point during construction, including but not limited to the following: • Preconstruction meetings • Pile driving, drilling of caissons or drilled shafts • Reinforcement & concrete placement for railroad bridge substructure or superstructure • Erection of precast concrete or steel bridge superstructure • Placement of waterproofing (prior to placing ballast on bridge deck) • Completion of the bridge structure A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided to the Engineer for submittal to the CCP for review and approval prior to commencement of work. This schedule shall also include the anticipated dates when the above listed events will occur. This schedule shall be updated for the above listed events as necessary, but at least monthly so that site visits may be scheduled. 120042.05 CCP REPRESENTATIVES. CCP representatives will be provided at the expense of the Contracting Authority to protect CCP facilities, property, and movements of its trains or engines. CCP may, at the Contractor's sole cost, risk and expense, furnish whatever protective services it considers necessary, including, but not limited to, flagger(s), inspector(s), and stand-by personnel. In general, CCP will fumish such personnel or other protective services as follows: • Flagging protection will be required during any operation involving direct and potential interference with CCP's tracks or traffic. This may include but is not limited to fouling of railroad operating clearances, reasonable proximity of accidental hazard to railroad traffic, work within 25 feet horizontally of the nearest centerline, any work over any railroad track, or in any other condition that CCP deems protective services necessary, which may include work on or off CCP's property more Page 4 of 20 than 25 feet from the nearest centerline of a railroad track, such as any equipment extension (including but not limited to a crane boom) that will reach or has the potential to reach within 25 feet of any track. • For any excavation below elevation of track subgrade if, in the opinion of CCP, track or other CCP facilities may be subject to settlement or movement. • During any clearing, grubbing, excavation, or grading, or other construction activity in proximity to CCP facilities, which, in the opinion of CCP, may endanger CCP facilities or operations. • During the Contractor's operations when, in the opinion of CCP, CCP facilities, including, but not limited to, tracks, buildings, signals, wire lines, or pipe lines, may be endangered. • The Contractor shall arrange with the CCP to provide the adequate number of flag persons to accomplish the work. The Contractor shall be required to pay CCP in advance for the cost of personnel or other protective services. Prepayment will be based on the Contractor's estimated time for needing protective services, and if that prepayment will be exhausted prior to the expiration of the contractor's need for protective services, additional prepayment funds will be needed to cover the new projected completion of the project. In the event CCP is unable to furnish flagging protection, inspection services, or standby personnel at the desired time or on the desired date(s), Contractor shall not perform the said operation or work until such time and date(s) that appropriate CCP services can be made available. CCP shall not be liable for any delay or increased costs incurred by Contractor owing to CCP's inability or failure to have appropriate CCP services available at the time or on the date requested. 120042.06 INSURANCE. The Contractor shall not enter upon or over CCP's ROW until the Engineer and CCP have been furnished the insurance policies, binders, certificates, and endorsements required by the contract documents and the CCP has notified the Engineer that such insurance provisions are in accordance with the contract documents. The insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from CCP's property and cleans the premises in a manner reasonably satisfactory to CCP. In addition to providing to CCP the insurance binders, endorsements, and certificates described below, the Contractor shall also provide the subcontractor insurance endorsements that are described in Article SP -120042.07; ASSIGNMENT, SUBCONTRACTING, AND INSURANCE ENDORSEMENTS. The Contractor shall provide the following kinds of insurance in addition to the requirements of Article 1107.02 of the Standard Specifications. A. Commercial General Liability Insurance. Commercial general liability (CGL) (occurrence based) with a limit of not less than $5,000,000.00 each occurrence and an aggregate limit of not less than $10,000,000.00. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy shall also contain the following endorsement, which shall be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Chicago Central and Pacific Railroad Company and Cedar River Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000.00 for each accident. Page 5 of 20 The policy shall contain the following endorsements, which shall be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Chicago Central and Pacific and Cedar River Railroad Company Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90), if required by law. C. Workers Compensation and Employers Liability Insurance. Coverage shall include, but not limited to: • The Contractor's statutory liability under the workers' compensation laws of the State of Iowa. • Employers' Liability (Part B) with limits of at least $500,000.00 each accident, $500,000.00 disease policy limit, $500,000.00 each employee. If the Contractor is self-insured, evidence of the State of Iowa's approval and excess workers compensation coverage shall be provided. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall contain the following endorsement, which shall be stated on the certificate of insurance: Altemate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing CCP in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Umbrella Insurance. If the Contractor utilizes umbrella policies, these policies shall "follow form" and afford no less coverage than the primary policy. Excess coverage is not allowed. E. Pollution Liability Insurance. Pollution liability coverage shall be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $1,000,000.00 per occurrence and an aggregate limit of $2,000,000.00. If the scope of work as defined in this contract includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor shall fumish to CCP evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000.00 per loss, and an annual aggregate of $2,000,000.00. F. All policy(ies) required above (except worker's compensation and employers liability) shall include the CCP and its Parents as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to the CCP and its Parents as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for the CCP's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions contained in the specifications. G. Punitive damages exclusion, if any, shall be deleted (and the deletion indicated on the certificate of insurance), unless the law governing prohibits all punitive damages that might arise in connection with this contract. H. The Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors, and employees. This waiver shall be stated on the certificate of insurance. Page 6 of 20 1. Prior to commencing the work, the Contractor shall fumish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this contract. J. All insurance policies shall be written by a reputable insurance company acceptable to the CCP or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the State of Iowa. K. The fact that insurance is obtained by the Contractor or by the CCP on behalf of the Contractor shall not be deemed to release or diminish the liability of the Contractor, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by the CCP from the Contractor or any third party shall not be limited by the amount of the required insurance coverage. 120042.07 ASSIGNMENT, SUBCONTRACTING, AND INSURANCE ENDORSEMENTS. The Contractor shall not assign or subcontract the provisions of this specification, or any interest therein, without the written consent of the Engineer. The Contractor shall be responsible for the acts and omissions of all subcontractors. Before the Contractor commences any work, they shall, except to the extent prohibited by law; (1) require each subcontractor to include the Contractor and CCP as "Additional Insureds" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each subcontractor to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each subcontractor to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 120042.08 ADDITIONAL SAFETY REQUIREMENTS. Personnel employed by the Contractor or subcontractors shall complete the course "CN Contractor Security/Safety Course", and be registered prior to working on CCP property, except that such personnel are not required to execute the Right of Entry form for contractors, it being understood that all contractors or subcontractors shall instead execute the Right of Entry Agreement attached to this specification. The CCP orientation course is available at: www.contractororientation.com. This course shall be completed annually. CCP has exempted from this requirement those it classifies as "Delivery Persons" from this training, such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. The Contractor shall require its employees to be suitably dressed to perform their duties safely. The Contractor shall require workers to wear personal protective equipment as specified by CCP rules and regulations. All personal protective equipment will be of safe design and construction for the work to be performed and shall be maintained in a sanitary and reliable condition. Protective equipment shall include, but not be limited to the following PPE listed below that meet the U.S. ANSI standards (American National Standards Institute): • Eye and face protection ANSI Z 87.1 • Head protection ANSI Z 89.1 • Foot protection ANSI Z 41.1 • High Visibility apparel ANSI / ISEA Z 107 Additional eye protection shall be provided to meet specific job situations such as welding, grinding, burning, etc.; and hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Only waist length shirts with sleeves and trousers covering the entire leg shall be wom. Flare -legged trouser bottoms shall be tied to prevent catching. Page 7 of 20 CCP requires that the Contractor provide their personnel with the proper training, and that the Contractor's personnel are provided with 1) a sticker to be affixed visibly on their hard hat and 2) a qualification card so that CCP employees know that the Contractor's personnel are familiar with CCP safety practices and proof of having successfully completed the "CN Contractor Security/Safety Course" course. If a Contractor's employee does not have the sticker and qualification card, that Contractor employee will not be allowed on CCP property. Heavy equipment operating within CCP ROW shall be equipped with audible back-up warning devices. If in the opinion of the CCP the Contractor's equipment is unsafe for use on the CCP's ROW, the Contractor shall remove such equipment from the CCP ROW. The Contractor shall promptly notify the CCP of any U.S. OSHA reportable injuries occurring to any employee that arises during the work performed on the work site within CCP ROW. If at any time the Engineer or the CCP is of the opinion that any work of the Contractor is being or is about to be done or prosecuted without due regard and precaution for safety and security, or in violation of any applicable safety rule, the Engineer may suspend the work until proper protective measures are adopted and provided. In addition, if CCP has a reasonable, good faith belief that the Contractor is engaging, or is about to engage, in any activity that poses a substantial risk of causing great bodily injury or death to any person, or significant property damage, CCP may suspend the work of the Contractor and shall as soon as possible thereafter contact the Engineer to review the circumstances of the work stoppage. CCP shall thereafter abide by the decision of the Engineer as to the necessity of the work stoppage. 120042.09 SAFETY MEASURES -PROTECTION OF OPERATIONS. The Contractor shall perform work in a safe manner and in conformity with the following standards: A. Explosives. The Contractor shall not discharge any explosives on or in the vicinity of the CCP's property without the prior consent of the CCP, which shall not be given if, in the sole discretion of the CCP, such discharge would be dangerous or would interfere with the CCP's property or facilities. For the purposes hereof, the "vicinity of the CCP's property" shall be deemed to be any place on the CCP's property or in such close proximity to the CCP's property that the discharge of explosives could cause injury to the CCP's employees or other persons, or cause damage to or interference with the facilities or operations on the CCP's property. The CCP reserves the right to impose limitations on the transportation, handling, storage, security, and use of explosives as the CCP, in the CCP's sole discretion, may deem to be necessary, desirable, or appropriate. In addition to any limitations as may be specifically imposed: 1. The Contractor shall provide no less than 48 hours written notice, excluding weekends and holidays, before discharging any explosives. 2. Any explosives loaded in holes, placed or otherwise readied for discharge, they shall be discharged the same day during daylight hours, and at mutually acceptable times. 3. The Contractor, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary to guard against danger of damage, destruction, or interference arising out of or connected with any blasting or any transportation, handling, storage, security, or use of explosives. B. Obstructions to View. Except as otherwise provided herein, the Contractor shall not cause or permit the view along the tracks of the CCP to be obstructed, nor place any combustible material on the crossing area, nor erect any structures thereon except as allowed by the contract documents. Page 8 of 20 C. Excavation. The Contractor shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, impair, or endanger the clearance between existing or new slopes and the tracks of the CCP. The Contractor shall not perform any work that may disturb the stability of any area or adversely affect the CCP's tracks or facilities. The Contractor, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation or trenching performed by them in connection with construction, maintenance, or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the CCP to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the CCP's operations in the vicinity. D. Drainage. The Contractor, at its expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water to flow or collect upon property of the CCP that may adversely affect any of the CCP's operations, equipment or any third parties with permitted facilities on the CCP's ROW. The Contractor, at its own expense, shall provide adequate passageway for the waters of any streams, bodies of water, and drainage facilities (either natural or artificial, and including water from the CCP's culverts and drainage facilities), so that said waters may not, because of any facilities or work of the Contractor, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the CCP or any part thereof, or property of others. The Contractor shall not obstruct or interfere with existing ditches or drainage facilities. E. Clearances. The Contractor shall provide a minimum vertical clearance of 22.0 feet above top of rails and a minimum lateral clearance of 12.5 feet from centerline of track nearest temporary construction falsework. No materials, supplies, or equipment will be stored within 25 feet from the centerline of any railroad track, measured at right angles thereto. Proposed changes to the specified minimum clearances shall be submitted in writing to CCP, through the Engineer, at least 30 calendar days in advance of the work. No work shall commence until the Engineer receives concurrence, in writing, from CCP that approval is given and that arrangements have been made for flagging service, as may be necessary. The CCP will have 15 calendar days to respond to the request. F. Demolition of Existing Structures. The Contractor shall submit demolition plans to the Engineer for review and approval. The Engineer will forward such plans to the CCP as identified in the project agreement for CCP to review and approve. Demolition performed over or near CCP track will require proper protective shielding or other measures (as identified on the plans) as maybe required by CCP, and the Contractor shall be required provide signed plans, signed by a Professional Engineer licensed in the State of Iowa, and schedule for review and approval by CCP. Such protective shielding or measures shall be designed for immediate removal by Contractor whenever instructed to do so by CCP. Demolition shall not be undertaken until CCP has advised Engineer of its approval of the plans and schedule, and the Contractor has received the Engineer's and CCP's written approval of such demolition plans and schedule. All such reviews and approvals or rejections will be completed by the Engineer and CCP within 45 calendar days of receipt from the Contractor. 120042.10 WALKWAYS. Along the outer side of each exterior track of multiple operated track, and on each side of single operated track, an unobstructed continuous space suitable for CCP's use in walking along trains, extending to a line not less than 12 feet from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during work hours while CCP's flagging service is provided shall be removed before the close of each work day. Walkways with railings shall be constructed by Contractor over open excavations when in close proximity of track, and railings Page 9 of 20 shall not be closer than 8.5 feet horizontally from center line of tangent track or 9.5 feet horizontally from centerline of curved track. 120042.11 EXCAVATIONS IN CLOSE PROXIMITY TO CCP FACILITIES. The Contractor shall take special precaution in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls, or other facilities that require shoring shall comply with the following requirements: OSHA, AREMA, and CCP "Guidelines for Temporary Shoring". The Contractor shall contact CCP for facility locates at least 5 working days prior to commencing work at 1.248.740.6227 during normal business hours (7:00 a.m. to 3:00 p.m. C.S.T., Monday through Friday, except holidays. The Contractor shall pay CCP in advance for the cost of CCP locates. The cost for a cable locate is $250.00. If a telecommunications system is buried anywhere on or near CCP property, the Contractor shall coordinate with CCP and the telecommunication company to arrange for relocation or other protection of the system prior to beginning any work on or near CCP property. 120042.12 NO INTERFERENCE WITH CCP'S OPERATION. The Contractor shall not interfere with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of the CCP its lessees, licensees, or others, unless specifically permitted and authorized in advance by the CCP. When not in use, the Contractor's machinery and materials shall be kept at least 50 feet from the centerline of CCP's nearest active track, and there shall be no crossings of CCP's tracks except at existing open public crossings or as provided by private construction crossing agreement between CCP and the Contractor. CCP may require the Contractor to fumish detailed plans prior to entry upon the premises and to view and inspect any activity or work on or above the CCP's property. 120042.13 TRAFFIC CONTROL. The Contractor's operations that control traffic across or around CCP facilities shall be coordinated with and approved by the CCP. 120042.14 INDEMNITY. As used in this Article, "CCP" includes other railroad companies using the CCP's property at or near the location of the Contractor's work and CCP's and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from the following: • Injury to or death of persons whomsoever (including the CCP's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and • Damage to or loss or destruction of property whatsoever (including Contractor property, damage to the roadbed, tracks, equipment, or other property of the CCP, or property in its care or custody). The Contractor shall indemnify, hold harmless, and defend to the extent allowed by law the CCP from any loss which is due to or arises from any cause and is associated in whole or in part with the work covered herein, a breach of the contract or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance; except when caused by the sole negligence of the CCP, or except to the extent caused by the gross negligence or willful misconduct of the CCP. 120042.15 MAINTENANCE OF CCP FACILITIES. The Contractor shall maintain all ditches and drainage structures free of silt or other obstructions which may result from its operations, promptly repair eroded areas within CCP's ROW, and repair any other damage to CCP property, or its tenants; at no cost to the CCP. Contractor will be required upon the completion of the work to remove from within the limits of CCP's property all machinery, equipment, surplus materials, false work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Engineering Manager of CCP or their authorized representative. Page 10 of 20 120042.16 COMMUNICATIONS AND SIGNAL LINES. No digging, trenching or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without Railroad Company's Signal Department representative being present. If required, CCP will rearrange its communications and signal lines, grade crossing warning devices, train signals and tracks, and facilities that are in use and maintained by CCP's forces in connection with its operation at the expense of the Contracting Authority. This work will be performed by the CCP and it is not a part of the contract. 120042.17 FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on the CCP's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The Contractor shall contact the Iowa One Call (1.800.292.8989 (a 24-hour number)) to determine if fiber optic cable is buried anywhere on the CCP's ROW to be used by the Contractor. If it is, the Contractor shall telephone the telecommunications company involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the CCP's ROW. In addition to the liability terms elsewhere in this specification, the Contractor shall indemnify and hold harmless the CCP against and from all cost, liability, and expense whatsoever (including, without limitation, attomey's fees, court costs, and expenses) arising out of or in any way contributed to by any act or omission of the Contractor, agents, or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on CCP's property, and (2) any injury to or death of any person employed by or on behalf of any telecommunications company, its contractor, agents, or employees, on CCP's property. The Contractor shall not have or seek recourse against CCP for any claim or cause of action for alleged loss of profits, revenue, loss of service, or other consequential damage to a telecommunication company using CCP's property or a customer or user of services of the fiber optic cable on CCP's property. 120042.18 COOPERATION. The CCP will cooperate with the Contractor so that work may be conducted in an efficient manner, and will cooperate with the Contractor in enabling use of CCP's ROW in performing the work. 120042.19 WAIVER OF BREACH. The waiver by the CCP of the breach of any condition, covenant, or specification herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the CCP to avail itself of any subsequent breach thereof. 120042.20 CCP OPERATIONS. The Contractor shall be advised that trains or equipment are expected on any track, at any time, in either direction. Contractor shall become familiar with the train schedules in this location and structure its bid assuming intermittent track windows in this period, as defined below. All railroad tracks within and adjacent to the work are active and rail traffic over these tracks shall be maintained throughout the contract. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations may occur continuously throughout the day and night on these tracks and shall be maintained at all times. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with CCP operations. Work windows for this contract shall be coordinated with the Engineer, who shall receive CCP's approval before advising the Contractor of the availability of any work window. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: A. Conditional Work Window: A period of time that CCP operations have priority over construction activities. At the direction of the CCP flag person, upon approach of a train, and when trains are present, the tracks shall be cleared (i.e., no construction equipment, materials, or personnel Page 11 of 20 within 25 feet, or as directed by the CCP, from the tracks). Conditional Work Windows are available for the contract. B. Absolute Work Window: A period of time that construction activities are given priority over CCP operations. During this time frame the designated tracks will be inactive for train movements and may be fouled by the Contractor. At the end of an Absolute Work Window the tracks or signals shall be completely operational for train operations and all CCP, Public Utilities Commission, and Federal Railroad Administration requirements, codes, and regulations for operational tracks shall be met. In the situation where the operating tracks or signals have been affected, the CCP will perform inspections of the work prior to placing back into service. CCP flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will not generally be granted, and any provided shall require the express written approval by CCP's Transportation Department. Any request will require a detailed explanation for CCP review and approval. C. All work on CCP's ROW shall be done at such times and in such manner so as not to interfere with or endanger the operations of CCP. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the CCP for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor that requires flagging or inspection service shall be deferred until the flagging protection required by CCP is available at the job site. D. The Contractor shall make requests in writing for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request shall include: • Exactly what the work entails. • The days and hours that work will be performed. • The exact location of work, and proximity to the tracks. • The type of window requested and the amount of time requested. • The designated contact person. The Contractor shall provide written notice to the CCP at least 48 hours before commencing work in connection with approved work windows when work will be performed within 25 feet of any track center line. E. Should a condition arising from, or in connection with the work, require that immediate and unusual provisions be made to protect operations and property of CCP, the Contractor shall make such provisions. If in the judgment of the CCP such provisions are insufficient, the CCP may require or provide such provisions as deemed necessary. In any event, such provisions shall be at the Contractor's expense. The CCP or Engineer will have the right to order Contractor to temporarily cease operations in the event of an emergency or, if in the opinion of the CCP, the Contractor's operations could endanger CCP's operations. In the event such an order is given, Contractor shall immediately notify the Engineer of the order. 120042.21 RAILROAD FLAGGING. A. Notification. The Contractor shall notify the CCP and Engineer at least fifteen 15 working days in advance of commencement of any work on CCP property and at least 10 working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Notice shall made using CCP's "Request for Flagging Services" form attached as SP -120042, Attachment B. The services of a flagman will be required during any operation involving direct interference with CCP's tracks or traffic, fouling of railroad operating clearances, or reasonable proximity of Page 12 of 20 accidental hazard to railroad traffic, when work takes place within 25 feet horizontally of the nearest centerline, any work over any railroad track, or in any other condition that CCP deems the services of a flagman necessary, which may include work on or near CCP's property more than 25 feet from the nearest centerline of a railroad track. Additional flagmen will also be fumished whenever in the opinion of CCP such protection is needed. Upon receipt of 10 working day notice, the CCP will determine and inform the Contractor whether a railroad flagger need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the CCP, such services will be provided at Contractor's expense with the understanding that if the CCP provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall be required to pay CCP in advance for the cost of personnel or other protective services. CCP shall not be liable for any increased costs incurred by the Contractor or Contracting Authority owing to CCP's inability or failure to have appropriate CCP personnel available at the time or on the date requested. To enable orderly flagger reassignment to other projects the Contractor shall notify the CCP 5 working days prior to the termination of flagging need or 5 working days prior to completion of the Contractor's work, whichever is sooner. The Contractor shall inform the CCP when work requiring flaggers is complete. The CCP will notify the Engineer and Contractor when non-compliance is reported by CCP train crews or other CCP employees. Contractor work performed without proper flagging services, when such flagging is required, will be subject to a $5,000.00 per day price adjustment to Contractor, and may result in the removal of Contractor by CCP or Engineer from the project. B. Flagger Rate of Pay. The rate of pay for each flagger will be at the base rate of $1000.00 per weekday (1-8 hour continuous period). Prepayment for weekend flagman protection will be at the rate of $150.00 per hour, with an 8 hour minimum of $1,200.00. Any hours in excess of 8 continuous hours per flagman on either weekday or weekend days shall be prepaid at the rate of $150.00 per hour. Hours of flagman protection provided in excess of prepayment amounts will be billed at the proper rate and will be promptly paid by over -night delivery. Rates are subject to change, at any time, by law or by agreement between the CCP, its employees or contractors, and may be retroactive as a result of negotiations or a ruling of an authorized Govemmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, the Contractor shall pay on the basis of the new rates and charges. C. Reimbursement to the CCP. In the event the Contractor fails to reimburse or pay the CCP for hours of flagman protection provided in excess of prepayment amounts, the Contracting Authority will reimburse the CCP within 30 calendar days of the Contractor defaulting on the payment (default is defined as non- payment within 30 calendar days of billing by the CCP to the Contractor). Failure of the Contractor to reimburse the CCP may result in a reduction or suspension of the Contractors bidding qualifications according to Article 1102.03 of the Standard Specifications. D. Documentation and Reimbursement to the Contractor. The Contractor shall initially pay CCP for all flagging costs in conjunction with railroad flaggers when any of the conditions identified in Article SP -120042.05, warrant a flagger. The Contracting Authority will reimburse the Contractor for any daily cost that exceeds $1000.00 per day for the cost of flagger services provided by the CCP. The Contracting Authority will reimburse the Contractor 100% of the total cost of flagger services, as deemed necessary by the CCP, that does not meet any of the conditions identified in Article SP -120042.05, unless the flagger's presence on the project was a result of the Contractor's communication, or lack of communication, with the CCP. The Contracting Authority will reimburse the Contractor following Page 13 of 20 completion of all work necessitating flagging operations by the CCP and receipt of documentation verifying the CCP invoices have been paid. For each day that railroad flaggers have been provided, the Contractor shall document daily the conditions on the project site that warrant the flagger. The Contractor shall submit the daily records to the Engineer each week. The Engineer will review the daily logs and promptly notify the Contractor if any information in the daily log is believed to be incorrect. The Contractor shall forward copies of the invoices received from the CCP for flaggers and a summary of the flagging costs incurred that exceed the Contactors' requirements described in Article SP -120042.05, to the Engineer with a request for payment for the additional railroad flagger costs. The Engineer will review the Contractor's daily logs against the CCP's invoice and make payment for the eligible costs in accordance with Article 1109.03, of the Standard Specifications. The Contractor shall be responsible to the CCP for all flagging costs. Flagging costs for subcontracted work shall be the responsibility of the Contractor. Reimbursement from subcontractors to the Contractor shall be the sole responsibility of the Contractor. The Contractor shall forward, to the Engineer, copies of payments made to the CCP for flagging costs. The Contracting Authority may award multiple contracts for work in the same general area. The Contractor shall try to stage work to minimize the need for railroad flaggers. In the event of multiple projects in a particular location, the Contractor initially requiring flagging on a daily basis shall be responsible for all flagging costs for that day. 120042.22 TEMPORARY CROSSINGS. At other than established public road crossings, the Contractor shall not move any equipment or materials across the CCP's tracks until written permission has been obtained from the CCP. If the Contractor requires a temporary railroad crossing the Contractor shall arrange for the crossing installation at a location acceptable to the Contractor and CCP at the Contractor's expense to include all CCP costs of installation, maintenance, removal, and track restoration. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. Flagging will always be required during use of a temporary crossing. The billing, Contractor payment provisions, and final Contractor payment requirements for crossing costs except flagging are to be covered as agreed to in a separate private construction crossing agreement between the Contractor and CCP. Prior notice of need for a temporary crossing is required to allow for CCP site review, cost estimating, securing material, and work crew scheduling and will vary. The Contractor should contact the CCP prior to making a bid when a temporary crossing is required. 120042.23 LIMITATION OF RIGHTS GRANTED. The Contract, any Temporary Easement, and Permanent Easement are all subject to the prior and continuing right and obligation of the CCP to use and maintain its property, not inconsistent with highway purposes, including the right and power of the CCP to construct, maintain, repair, renew, use, operate, change, modify, or relocate CCP tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines, and other facilities upon, along, or across any or all parts of its property, all or any of which may be freely done at any time or times by the CCP, not inconsistent with highway purposes and at CCP's sole cost and expense. The Contract, Temporary Construction Easement, and Permanent Easement, whether recorded or unrecorded, are subject to all outstanding rights (including those in favor of licensees and lessees of the CCP's property, and others) and the right of the CCP to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Page 14 of 20 120042.24 MECHANIC'S LIENS. The Contractor shall not permit or suffer any mechanic's or material supplier's liens of any kind or nature to be enforced against any property of the CCP for any work performed. The Contractor shall indemnify and hold harmless the CCP from and against any liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. It is understood that this specification may be recorded in the county in which the work is to be performed and such recording shall serve as public notice that no Contractor, subcontractor, or material supplier shall file any notice of a mechanic's or material supplier's lien or permit or suffer any mechanic's lien or material supplier's lien on the property of the CCP to the extent permitted by law. 120042.25 METHOD OF MEASUREMENT AND BASIS OF PAYMENT. CCP Insurance Provisions required by this specification above those required by Division 11 of the Standard Specifications will be measured as a lump sum. The cost of the insurance provisions above that required by Division 11 of the Standard Specifications shall be included in the lump sum bid price for CCP Insurance Provisions. Page 15 of 20 Attachments to this specification: • SP -120042, Attachment A: Right of Entry Agreement • SP -120042, Attachment B: Requirements Regarding Flagging and Cable Location for Construction on CN Page 16 of 20 SP -120042, Attachment A RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is made between cic-ylipa Con5trur tion Co (hereafter Contractor) and Chicago Central and Pacific Railroad Company/Cedar River Railroad Company (hereafter Railroad) in order to permit Contractor to enter onto Railroad's property, for the purposes of performing work in connection with the following project for the Contracting Authority: Project NHSX-063-6 (88) --311-07 , as further identified in the attached project documents. Contractor shall pay to Railroad upon execution of this Agreement the sum of $750.00 as consideration for the right of entry awarded under this Agreement and to cover preparation and administration of this Agreement. Contractor and Railroad hereby agree as follows: 1. Contractor shall enter Railroad's property (identified in the attached project documents) only in connection with the above -referenced project; 2. Contractor shall give Railroad at least 15 working days' advance notice of the date Contractor plans to start any work on the project; 3. Upon request, Contractor shall provide Railroad with detailed plans of the project at no cost to Railroad; 4. Contractor shall comply with all terms and requirements set forth in Iowa Department of Transportation Special Provisions (SP -120042) for Construction or Maintenance Work on Railroad Right-of-Wav, including but not limited to the insurance requirements set forth in such specification Contractor shall provide Railroad with certificates and declarations sheets that prove or show compliance with such insurance requirements; 5. As used in this paragraph, "CCP" includes other railroad companies using the CCP's property at or near the location of the Contractor's work and CCP's and their officers, agents, and employees; "Loss" includes Toss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from the following: • Injury to or death of persons whomsoever (including the CCP's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and • Damage to or loss or destruction of property whatsoever (including Contractor property, damage to the roadbed, tracks, equipment, or other property of the CCP, or property in its care or custody). Contractor shall indemnify, hold harmless, and defend to the extent allowed by law the CCP from any loss which is due to or arises from any cause and is associated in whole or in part with the work covered herein, a breach of the contract or the failure to observe the health and safety provisions herein, or any activity or omission arising out of performance or nonperformance; except when caused by the sole negligence of the CCP, or except to the extent caused by the gross negligence or willful misconduct of the CCP; 6. The insurance requirements set forth in this Agreement shall not relieve or limit Contractor's liability to Railroad under the indemnity provisions of this Agreement; 7. Contractor shall comply with any federal, state or local laws, statutes, codes, ordinances, rules and regulations applicable to its construction and maintenance of the project. Contractor shall Page 17 of 20 defend, indemnify and hold railroad and its affiliates harmless with respect to any fines, penalties, liabilities or other consequences arising from contractor's failure to comply with any such federal, state or local laws, statutes, codes, ordinances, rules and regulations; 8. Contractor shall promptly notify Railroad of any Toss, damage, injury or death arising out of or in connection with the project work; 9. The provisions of this Agreement shall survive the termination or expiration of the Agreement; 10. Railroad certifies that it has carefully reviewed the project plans and that it agrees to permit the Contractor and its employees, officers and subcontractors to enter onto and work upon its property for the purpose of completing said project under the terms of this Agreement; 11. Any notices or communications concerning this agreement shall be delivered to the following designated individuals: Harlan R. Arians Public Works Manager 1006 E. 4th Street Waterloo, IA 50703 Telephone Number: 319.236.9205 For Contractor Skyline Construction CO Address: Pn Box 127 Darnyn11, Tnwn 57101 IN WITNESS WHEREOF, Contractor and Railroad have executed and delivered this agreement as of the date set forth below. 34%., 3 Date y/,sem C6.,Z-,,.a Contractor Date Railroad Page 18 of 20 SP -120042, Attachment B REQUIREMENTS REGARDING FLAGGING AND CABLE LOCATION FOR CONSTRUCTION ON CN (Hereinafter called "Railroad") (Revised: Effective August 1, 2011) NOTE: Flagging and/or Cable Locate fees may apply A utility or contractor shall not commence, or carry on, any work for installation, maintenance, repair, changing or renewal of any FACILITY, under, over or on RAILROAD property at any location without giving notice to the RAILROAD authorized representative at the RAILROAD's office located at Troy, Michigan, Phone (248) 740-6227; and if, in the opinion of the RAILROAD the presence of an authorized representative of the RAILROAD is required to supervise the same, the RAILROAD shall render bills to the utility or contractor for all expenses incurred by it for such supervision. This includes all labor costs for flagmen or cable locate supplied by the RAILROAD to protect RAILROAD operation, and for the full cost of furnishing, installation and later removal of any temporary supports for said tracks, as the RAILROAD's Chief Engineer's Office may deem necessary. A flagman is required anytime a utility or contractor does any work on or near RAILROAD property within twenty-five (25) feet horizontally of the centerline or any work over any railroad track. The RAILROAD, however, also reserves the right to require a flagman for work on RAILROAD property, which is more than twenty-five (25) feet from the centerline of a railroad track when there are other conditions, or considerations that would dictate the need for a flagman to safeguard the RAILROAD's operations, property and safety of working personnel. A cable locate of RAILROAD owned facilities may be required to identify and protect Signal & Communication cables that have been installed to provide power, signal control, and wayside communications. These cables are vital to a safe and reliable railway operation. The cable locate will be performed by a qualified RAILROAD employee. Cost for a cable locate is $250.00, which is to be prepaid before installation is to begin. Outside contractors are prohibited from driving on, along, or across any track that does not have a CN installed crossing. They may utilize an existing public crossing. The practice of allowing rubber tired equipment to operate over track with no crossing has been banned. Exceptions to this rule will require the express approval from CN Engineering. Prior to any project being started, the RAILROAD requires a "Request for flagging services" form to be completed and submitted; including check for prepayment based on the number of days fl gr an protection will be required. Page 19 of 20 Request for flagging services Southem Region TO: Mary Ellen Carmody Audit Officer CN 2800 Livernois, Suite 220 Troy, Michigan 48083 (248) 740-6227 (248) 740-6036 fax maryellen.carmody@cn.ca Date submitted: FROM: (Name) I am requesting a flagman for the following project. All blanks below must be completely filled in before any flagman request will be honored. Proof of Insurance must accompany this form. Flagman will be provided at your cost, depending on availability, within five (5) business days. Direct your calls concerning availability and problems to (248) 740-6227. Project Location: RR milepost, Street, etc. Company: Billing Address: City: State: Zip: Company Phone: Company Fax: E -Mail **Agreement or Authorization No.: Dated: With: Contractor's Contact Person: Phone: Date(s) Flagging needed: Starting time: Ending Time: Location for flagman to report: Description of work to be performed A check for the number of days flagman protection is required, and MUST be over-nighted to the address shown at the top of this page. Flagging is based on the number of days a flagman is required, at the base rate of $1,000.00 per day (1 — 8 hours). Any hours in excess of eight (8) hours are billed at the rate of $150.00 per hour. Prepayment check MUST be received prior to the beginning of this project. Weekend and Holiday flagman protection will be billed at the minimum rate of eight hours (8) at $150.00 per hour, $1,200.00. If project runs longer than originally anticipated, then MaryEllen Carmody must be contacted, and an additional check must be submitted. Rates are Effective August 1, 2011. Cost for cable locate is $250.00, and is to be prepaid before installation Is to begin. ** You must have an agreement with CN railroad subsidiary, such as a Right of Entry Permit, Formal Agreement or State, County, City Project Number and proof of insurance before you can enter the property. Will you receive State or Federal Funds as reimbursement for this project? Yes _ No I agree to pay for flagging services as requested: Attach map or other location info and fax completed form with cover letter on your company's letterhead and proof of insurance to MaryEllen Carmody (248) 740-6036 Page 20 of 20 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: February 12, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a06 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following change to the SPECIAL PROVISIONS: Replace: SP -120015 FOR PORTABLE DYNAMIC MESSAGE SIGN FEBRUARY 19, 2013 With the attached: SP -120045 FOR PORTABLE DYNAMIC MESSAGE SIGN FEBRUARY 19, 2013 Add the following note to the plan: ESTIMATE REFERENCE INFORMATION: SHEET C.5 ITEM NO. 107: CONTROL CABINET: Contractor shall supply RM -36 Control Cabinets, modified to accommodate 8 distribution circuits each. Load current ratings for branch circuit breakers shall be 30 amperes (per RM -36). Main circuit breaker shall be 200 amperes. A 200 -AMP Service is needed for lighting at each control cabinet location. Photocell shall be located on control cabinet. Page 1 of 4 (Rep Olowa Department of Transportation SPECIAL PROVISIONS FOR PORTABLE DYNAMIC MESSAGE SIGN Black Hawk County NHSX-063-6(88)--3H-07 Effective Date February 19, 2013 ce SP -120045 SP 120015) THE STANDARD SPECIFICATIONS, SERIES 2012, ARE AMENDED BY THE FOLLOWING MODIFICATIONS AND ADDITIONS. THESE ARE SPECIAL PROVISIONS AND THEY SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. 120045.01 DESCRIPTION. Furnish, place, and maintain a Portable Dynamic Message Sign (PDMS) at locations specified on the plans. The Contractor maintains possession of the PDMS upon completion of the project. 120045.02 MATERIALS. A. Sign Design. 1. A PDMS is defined as all components working together to accomplish the requirements of the specification. These components include, but are not limited to, the LED pixel boards, on- board computer, cellular modem, trailer, mounting equipment, solar panels, batteries, charge controller, etc. 2. The message panel shall be trailer mounted mil. Message panel mounted at a height of at least 7 feet (2.2 m), measured from the bottom of the sign to the ground directly below. Sign presents a level appearance. Sign is capable of displaying three lines of up to eight characters at one time. Character height is 18 inches (450 mm) and configured using a 7 pixel tall by 5 pixel wide font. Message, panel may be configured as character matrix, tote; matrix or fcrlt matrix 3. Message panel visible from 1/2 mile (800 m) under both day and night conditions. Letters legible from 750 feet (225 m). Message sign shall include automatic dimming for nighttime operation and a power supply capable of providing continuous service for 7 continuous days without recharging. 4. Message panel controlled by an onboard computer capable of: • Storing a minimum of 99 programmed messages for instant recall;:, • Being programmed to accept messages created by the operator via an alpha -numeric keyboard , and Page 2 of 4 SP -120045, Page 2 of 3 • Being programmed remotely by the Department's National Transportation Communication for Intelligent Transportation Systems Protocols (NTCIP) DMS software. 5. Physical access to the onboard computer protected by a padlock (using -a -key) or other locking handle mechanism. Electronic access to the onboard computer protected by a username and password. B. Cellular Communications. 1. PDMS will be equipped with a cellular modem for remote communications. The cellular service provider must shall have data coverage within the project limits. The IP address, communications port, software, and any username/password for web interface will shall be supplied to the Engineer for integration into a statewide ITS control software. 2. The cellular modem must shall be capable of obtaining its location by global positioning system (GPS) of satellites. Current location from GPS coordinates will shallbe stored in the cellular modem's memory for retrieval by ITS control software. Modem must shall have firewall security protections that limit who and what can communicate to it. 3. Typical monthly data usage by the ClesaFtfnent Contracting Authority is 5 Mb when PDMS is in good working condition. Additional data usage is possible if PDMS requires remote troubleshooting or maintenance. C. NTCIP Compliance. PDMS onboard computer and operating firmware will be compliant with the latest version of approved at least National Transportation Communication for Intelligent Transportation Systems Protocols (NTCIP) 1203 v1.15 supplemented with NTCIP 1203 Amendment 1 v07, (dated July 3, 2001) for the following commands: • Read configuration data from the sign, • Send configuration data to the sign, • Poll the sign (retrieve sign status) both manual and automated with software, • Activate a message, • Blank or remove a message, • Upload fonts, and • Reset the controller/onboard computer. 120045.03 CONSTRUCTION. A. Testing and Configuration. 1. A least one week before the PDMS is deployed to a project for use, a testing and configuration meeting with the Engineer shall be held. Coordination of this meeting will be with the Department's ITS Engineer. 2. Physical and electronic access to PDMS shall be granted to the Engineer, or their representative. 3. The Engineer, er-their-repnasentatwein conjunction with the Contractor, will perform necessary configuration adjustments in the PDMS and cellular modem to allow remote control by the Engineer's Contracting Authority's NTCIP software. Page 3 of 4 SP -120045, Page 3 of 3 the £ B4Operation of Signs by the Engineer. 1. The Department Contracting Authority will use their own NTCIP compliant software to activate messages, check the sign's status and perform diagnostic tests. 2. At anytime during the project, the Engineer may remotely activate a message on the PDMS. Any message placed on the PDMS will not be removed or replaced by the Contractor unless requested by the Engineer. 0 C.Maintenance of Signs. 1. Provide preventive maintenance efforts necessary to achieve uninterrupted service. 2. The : = _ - _ c = Engineer will perform remote diagnostic tests of the sign's operational status each morning and notify the Contractor when a problem is detected. 3. Provide unscheduled maintenance or total replacement of sign when sign is unable to display a message adequately within 24 hours of notification. Action must be taken to resolve the following problems if they have been visually observed or confirmed by self diagnostics by the PDMS for 3 continuous days or 7 intermittent days over a 2 week period. a. An entire pixel board is showing a failure. b. Five or more pixel failures over the entire messagepanel anytime while the sign is deployed for use (blank or displaying a message). c. Two or more pixel failures in any character when displaying a message. 4. If service is not restored within 24 hours, the Engineer will cause such work to be performed as may be necessary to provide this service. The cost for this restoration shall be borne by the Contractor. 120045.04 METHOD OF MEASUREMENT. The Engineer will count the number of days each PDMS is required to be in place along a road and capable of displaying messages to the traveling public by remotely using the Department's NTCIP software. Days when the PDMS is blank and is in good working condition, will be measured. Days:when the PDMS isunable to display a message due to cellular or mechanical problems will not be measured. Days when the PDMS is on the roadway and not approved OY the Engineer will not be measured - 120045.05 BASIS OF PAYMENT. A. Payment will be for the contract unit price per calendar day measured as provided above. B. Payment is full compensation for furnishing, placing, opef; and maintenance of PDMS. Payment includes the cost of preventative and unscheduled maintenance, cellular communication, hardware, and power supply. Page 4 of 4 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Office of Contracts Date of Addendum: February 13, 2013 B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a07 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following change to the SPECIAL PROVISIONS: SP -122002 FOR COMBINATION COATING - GALVANIZED -POWDER TOP COAT FEBRUARY 19, 2013 Section 2. Add the following: A -Typical System 1- Primer : 306 POLURAN ZRU- Moisture Cured Zinc Rich Polyurethane ,@ 3 - mils dft. 2- Top Coat : POLURAN i2 — Dual Cure Aliphatic Polyura , @ 2-3 mils dft. B- New Steel Structure 1- Primer : 306 POLURAN ZRU ,@3 -mils dft. 2- Intermediate : UNIBAR STEELKOTE MIOX ,@4 -mils dft. 3- Top Coat : POLURAN 143 HS ,@3 -mils dft. The approval of this paint system is based on the following requirements : 1- All materials used in the coating system shall be compatible and from the same manufacturer. 2- Materials used must be within the manufacturer's shelf life. 3- All materials shall be and shall continue to be stored in accordance with manufacturer's recommendations and shall be followed as to maximum and minimum storage temperature and relative humidity . 4- Surface Preparation Prior To Galvanizing : Surfaces shall be blast cleaned to the requirements of SSPC-SP10/Nace 2 ,Near White Blast . 5- Surface Preparation Of Galvanized surfaces : The galvanized surfaces shall be prepared and primed as soon after galvanizing as possible (within 24 -hours). There should be no visible signs of zinc oxide or zinc hydroxide ( which l' appears as white powder). 6- To maximize the adhesion of the paint coating to the zinc surface, there will be no Water Quenching nor Chromate Conversion Coating allowed of the galvanized surface that is to be painted . However , an alkaline solution ,with a Page 1 of 4 pH of 11 to 13 and/or a typical cleaning solvent may be used to remove traces of oil , grease or dirt . 7- Sweep Blasting : Abrasive sweep or brush blasting will be required to roughen the galvanized surface profile . The purpose of the sweep blasting is to deform the surface and NOT TO REMOVE THE GALVANIZED METAL. 8- Wash Primer Treatment : Should there be any signs of the zinc oxide or zinc hydroxide on the surface of the galvanized items , then the use of metal conditioner (SSPC-paint specification no.27) , shall be used to neutralize the surfaces . Or some other types of washer primer may be used with prior approval of the engineer . 9- All paint systems shall be applied , in accordance with the manufacturer's recommendations (Air Temperature ,Steel surface temperature ,humidity ,dew point , curing , cure time between coats ,cure to touch and cure time to move and last but not least thickness , etc...) 10- Top Coat shall match either the Federal Standard Color Number listed in the contract document or any other color as specified . 11- Special handling ,wrapping and other means of protection shall be required to prevent any damage to the paint system during lifting, storing and/or shipping . 12- Patching/Repair Material shall be provided to the contractor upon request. Patching/Repair Materials shall be of the same type, match and color of the original paint system and shall be applied per manufacturer's recommendations. 13- Certified Painters — All shop painters shall be certified by the paint Company supplying the paint system . Painter's certifications shall be submitted to the Iowa DOT for review and approval . Make the following changes to the plan: ESTIMATE REFERENCE INFORMATION: SHEET C.6 ITEM NO. 123: TEMPORARY TRAFFIC SIGNALS Replace: The third last sentence with the following: New or suitable used wood poles and span wires will be required at Esther Street, and at other intersections where temporary poles are needed. Traffic signal components can be new or used components that meet the operational and MUTCD requirements. Portions of the existing traffic signal installations can be used for the temporary traffic signals provided that the specified layouts and operation are maintained. Add: Operational pedestrian signals shall be provided at locations where there are existing pedestrian signals and where the crosswalk is open to pedestrians. At the Carver School entrance, pedestrian signals shall be provided across one leg of U.S. 63 during any stage which allows pedestrian crossings across U.S. 63. Existing traffic signal controllers can be used to operate the temporary traffic signals, to the extent that they will provide the specified operation. Page 2 of 4 Add: Emergency Vehicle Preemption (EVP) functions are not currently provided at Esther Street, and will not be required for the Temporary Traffic Signals. EVP functions shall be provided at the other intersections where EVP currently exists. For temporary traffic signals, side street vehicle detection is required at all signalized intersections where cross streets are open to traffic. Video detection is acceptable, and existing cameras (where present) can be used as for the detection system. If cameras are not present, they shall be provided by the Contractor. The City Traffic Department will provide the video programming if given 2 working days advance notice SHEET J.2 Add the following note under "Stage 5 Traffic Control": 2. Maintain access to Parcel 168 at all times. Emergency Vehicle Preemption (EVP) functions are not currently provided at Esther Street, and will not be required for the Temporary Traffic Signals. EVP functions shall be provided at the other intersections where EVP currently exists. For temporary traffic signals, side street vehicle detection is required at all signalized intersections where cross streets are open to traffic. Video detection is acceptable, and existing cameras (where present) can be used as for the detection system. If cameras are not present, they shall be provided by the Contractor. The City Traffic Department will provide the video programming if given 2 working days advance notice SHEET J.3 Add the following notes under "Stage 6 Traffic Control": i. Modify traffic signal operations at Donald Street, Parker Street and Newell/Conger Street to allow split -phase operation whenever left - turn lanes are not provided. Emergency Vehicle Preemption (EVP) system shall remain operational for all signals where EVP currently exists. ii. Place "No Left Turn" signs at all intersections where no left -turn lane is provided. Emergency Vehicle Preemption (EVP) functions are not currently provided at Esther Street, and will not be required for the Temporary Traffic Signals. EVP functions shall be provided at the other intersections where EVP currently exists. For temporary traffic signals, side street vehicle detection is required at all signalized intersections where cross streets are open to traffic. Video detection is acceptable, and existing cameras (where present) can be used as for the detection system. If cameras are not present, they shall be provided by the Contractor. The City Traffic Page 3 of 4 Department will provide the video programming if given 2 working days advance notice SHEET N.12 "APPROVED MANUFACTURER" Add the following: SUPPLIER INFORMATION: Holophane Lighting 2701 SW 2nd street, Ankeny, IA 50023-5010 Phone: 515-964-4879 Fax: 866-553-9652 http://www.holophane.com FIXTURE AND POLE SPECIFICATION : Product Line : Holophane Washington Postlite II LED Fixture : 40 Watt LED Luminaire with decorative housing SHEET N.13 Add the following note to the General Notes of the Plans: At new control cabinets, it will be permissible to run conduits directly from the control cabinet base to the traffic signal poles, pedestrian push-button poles, loop detector runs and interconnect cable runs, without running these conduits through the adjacent handhole. Page 4 of 4 Addendum Iowa Department of Transportation Date of Letting: February 19, 2013 Date of Addendum: February 14, 2013 Office of Contracts B.O. Proposal ID Proposal Work Type County Project Number Addendum 101 07-0636-088 PCC Pavement - Grade and New Black Hawk NHSX-063-6(88)--3H-07 19feb101.a08 Notice: Only the bid proposal holders receive this addendum and responsibility for notifying any potential subcontractors or suppliers remains with the proposal holder. Make the following change to the PROPOSAL SCHEDULE OF PRICES: Delete Proposal Line No. 1200 2527-9270111 GROOVES CUT FOR PAVEMENT MARKINGS. Delete Proposal Line No. 1210 2527-9270120 GROOVES CUT FOR SYMBOLS AND LEGENDS. If the above changes are not made, they will be made as shown here. Make the following change to the SPECIAL PROVISIONS: SP -122001 FOR BRICK PAVERS FEBRUARY 19, 2013 Section 2.01.C.1 shall be revised to include the following additional bullet item: - Glen-Gery Corporation, Bigler Plant, K&W Repress Heavy Duty Solid Paver units, 4 -inch by 8 -inch by 2 3/4 -inch repressed chamfered pavers. Color: Old Smokie. SP -122004 FOR TRAFFIC SIGNALIZATION FEBRUARY 19, 2013 Section 2.V Add the following sentence: If a separate pole is needed to accommodate the wireless communications antenna, the pole shall be a steel pole with a finish meeting the same specifications as required for the traffic signal poles. Make the following change to the plan. SHEET N.13 Change item 6 in the table to read "Signal Head, LED, 4 section mounting." Page 1 of 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements Xl. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 1 FHWA-1273 — Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 11. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 2 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full joumey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent. will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to fumish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar 3 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. 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 contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10.000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions 4 of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages eamed, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to joumeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not Tess than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the joumeymen hourly 6 rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and joumeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to joumeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Govemment contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Govemment contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 7 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 8 evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws goveming safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his pro v i s i o n is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concemed with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concemed with the project: 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials fumished or to be fumished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate. or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this 9 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However. failure of the prospective first tier participant to fumish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 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SJG;pa Al6u!moux uog0e5ueJ; 03J3n00 a u! hied!°!ped a 4! 'suogoru;su! asay4 10 (}) ydei6eJed Japun pazuo44ne suo!;oesu0J4 Jo};deox3 •f •s6u!leap ssau!snq Jo asmoo tieuipJo ay4 u! uosiad 4ueprud e Aq passassod Allawou s! yolyn 4044 paa3xa o; pannba 4ou s! ;ped!°!ped ang3adsad ay; Jo uogeuuoJul pue a6palmouD 041 •3snelp 5494 Aq paJinbaJ uoge3g!pao ay; 441e; poo6 ul JapueJ ()lisp() O u! spJ03aJ 40 wa4sAs a 10 luawys!ige4se 344 3J!nbaJ 04 panJ;suoo eq Heys 6u4060.104 044 u! pau!e4uoo 6u143oN •! department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 PREDETERMINED WAGE RATE IA 13 - 1.0 General Decision Number: IA 130001 01/04/13 IA1 Superseded General Decision Number: IA20120001 State: Iowa Construction Types: Heavy and Highway Counties: Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Black Hawk, Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee, Chickasaw, Clarke, Clay, Clayton, Clinton, Crawford, Dallas, Davis, Decatur, Delaware, Des Moines, Dickinson, Dubuque, Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Marshall, Mills, Mitchell, Monona, Monroe, Montgomery, Muscatine, O'Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek, Ringgold, Sac, Shelby, Sioux, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, Webster, Winnebago, Winneshiek, Woodbury, Worth and Wright Counties in Iowa. STATEWIDE EXCEPT SCOTT COUNTY HEAVY CONSTRUCTION PROJECTS (Does not include work on or pertaining to the Mississippi or Missouri Rivers or on Water and Sewage Treatment Plants), AND HIGHWAY PROJECTS (does not include building structures in rest areas) Modification Number Publication Date 0 01/04/2013 SUTA2002-003 02/28/2012 CARPENTERS AND PILEDRIVERMEN: Rates Fringes ZONE 1 23.92 9.28 ZONE 2 21.83 9.28 ZONE 3 21.83 9.28 ZONE 4 20.80 7.50 ZONE 5** 20.25 6.10 CONCRETE FINISHER: ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 IA130001 - 1 21.77 21.77 21.77 19.55 17.95 6.50 6.50 6.50 4.95 5.50 PREDETERMINED WAGE RATE IA 13 - 1.0 ELECTRICIANS: (STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, ZONE 2, AND ZONE 3 ZONE 4 ZONE 5 IRONWORKERS: (SETTING OF STRUCTURAL STEEL) ZONES 1 AND 2 ZONE 3 ZONE 4 ZONE 5** LABORERS: ZONE 1 AND ZONE 2 GROUP AA GROUP A GROUP B GROUP C ZONE 3 GROUP AA GROUP A GROUP B GROUP C ZONE 4 GROUP A GROUP B GROUP C ZONE 5 GROUP A GROUP B GROUP C POWER EQUIPMENT OPERATORS: ZONE 1 GROUP A GROUP B GROUP C GROUP D ZONE 2 GROUP A GROUP B GROUP C GROUP D ZONE 3 GROUP A GROUP B GROUP C GROUP D IA130001 - 2 20.55 5.20 19.25 5.20 17.00 5.20 25.05 7.45 24.75 7.75 20.65 6.60 20.25 6.10 Rates Fringes 20.56 7.60 19.76 7.60 17.88 7.60 14.65 7.60 20.56 7.60 19.76 7.60 17.88 7.60 14.65 7.60 16.90 7.60 15.58 7.60 12.70 7.60 17.55 5.90 14.80 5.90 14.20 5.90 26.30 12.90 24.70 12.90 22.20 12.90 22.20 12.90 25.55 23.95 21.40 21.40 26.70 24.90 23.90 23.90 12.90 12.90 12.90 12.90 14.20 14.20 14.20 14.20 ZONE 4 GROUP A GROUP B GROUP C GROUP D ZONE 5 GROUP A GROUP B GROUP C GROUP D PREDETERMINED WAGE RATE IA 13 -1.0 25.50 24.36 22.28 22.28 22.07 21.03 19.70 18.70 7.85 7.85 7.85 7.85 6.20 6.20 6.20 6.20 TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE DEFINITIONS 19.25 9.50 19.25 9.50 19.25 9.50 19.30 5.20 17.35 5.20 ZONE 1 The Counties of Polk, Warren and Dallas for all Crafts, and Linn County Carpenters only. ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters. ZONE 3 The Cities of Burlington, Clinton, Fort Madison, Keokuk, and Muscatine (and abutting municipalities of any such cities). ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the City of Council Bluffs, Lee County and Des Moines County. ZONE 5 All areas of the state not listed above. LABORER CLASSIFICATIONS - ALL ZONES GROUP AA - Skilled pipelayer (sewer, water and conduits) and tunnel laborers (zones 1, 2 and 3). GROUP A - Carpenter tender on bridges and box culverts; curb machine (without a seat); deck hand; diamond & core drills; drill operator on air tracs, wagon drills and similar drills; form setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator; pipelayer (sewer, water, and conduits) Zone 4 & 5; powderman tender; powderman/blaster; saw operator; tunnel laborer (zones 4 and 5). IA130001 - 3 PREDETERMINED WAGE RATE IA 13 -1.0 GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman; compressor (under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting torch on demolition; drill tender; dumpmen; electric drills; fence erectors; form line expansion joint assembler; form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and chairs; hot asphalt laborer; installing temporary traffic control devices; jackhammerman; mechanical grouter; painter (all except stripers); paving breaker; planting trees, shrubs and flowers; power broom (not self-propelled); power buggyman; rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair. GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier. POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES GROUP A - All terrain (off road) forklift, Asphalt breakdown roller (vibratory); Asphalt laydown machine; asphalt plant; Asphalt screed; bulldozer (finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above); dragline and power shovel; dredge engineer; excavator (over '/2 cu. yd.); front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader (finish); push cat; rubber tired backhoe (over '/2 cu. yd.); scraper (12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar). GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; Asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback); distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cu. yd.); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted post driver. IA130001 - 4 PREDETERMINED WAGE RATE IA 13 - 1.0 GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler. **CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams. WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 IA 130001 - 5 PREDETERMINED WAGE RATE IA 13 - 1.0 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION [A130001 - 6 Forrn 181419 (01-12) Bond Number. 54193862 Iowa Department of Transportation CONTRACTOR'S BOND Proposal I.D.: 07-0636-088 County: Black Hawk KNOW ALL PERSONS BY THESE PRESENTS: That we, Skyline Construction, Inc. of Decorah, IA (hereinafter called the Princlpa0 and United Fire & Casualty Company of Cedar Rapids, IA (hereinafter called the Surety) are held and firmly bound unto the City of Waterloo (hereinafter called the Contracting Authority) Iowa, in the penal sum* (Iowa DOT, County, or City name, etc.) of Nine Million Nine Hundred Ninety Seven Thousand Three Hundred Twenty Dollars and 09/100 dollars ($ 9, 997, 320.09 lawful money of the United States, to the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors, and assigns jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT whereas the above bounden Principal did on the day of , 2013 enter into a written contract with the Contracting Authority to perform PCC Pavement - Grade and New as called for Letting February 19, 2013; Project: N H SX -063-6(88)--3 H-07 Copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as fully and completely as if said contract were recited at length; and whereas, the principal and sureties on this bond hereby agree to pay all persons, frons, or corporations having contracts directly with the principal or with subcontractors. all just claims due them for labor performed or materials furnished, in the performance of the contract on account of which this bond is given, when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvements, but the principal and sureties shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the principal shall in an respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Contracting Authority from an costs and damages which it may suffer by reason of failure to do so and shall fully reimburse and repay the Contracting Authority an outlays and expense which it may incur in making good any such default, then the obligation is to be void and of no effect otherwise to remain in full force and effect. Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contractor in which to perform the contract. 2. The the bond shall remain In full force and effect until the contract is completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the contractor. 3. To any change In the plans, specifications, or contract, when such change does not Involve an increase of more than 20 percent of the total contract price, and shall then be released only as to such excess increase. 4. That no provision of this bond or of any other contract shall be valid which limits to less than five years from the completion of the contract the right to sue on this bond for defects in work quality or material not discovered or known to the Contracting Authority at the time such work is accepted. This bond is to be considered a performance bond and secures the Contracting Authority the right to recover from the contractor on account of material or labor entered into the work or work performed not in accordance with the contract, specifications, or plans. The contractor does not by this obligation guarantee to maintain the work for five years. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2013 , Skyline Construction, Inc. Principal By: CrL2C-ERZ Title United Fire & Casualty Company Stacy Venn ,) ttorney-in-Fact Surety By: Principal Title By: Surety Title Address: Des Moines, Iowa Address: Title For contracts where a County Board of Supervisors is the Contracting Authority: This bond approved by the County, this day of (Board of Supervisors of) Chairperson (Signature) For contracts where the DOT nor a County Board of Supervisors 1s the Contracting Authority: This bond approved by the City of Waterloo (ContractingAuthority) 2013 , this t , day l , , Title/Signature DISCLOSURE STATEMENT FOR CONTRACTOR'S P ORMANCE BONDS The Information requested will be used by the Iowa Department of Transportation to determine if a contra.. Nvendor is bonded in accord with the requirements established by the contracting authority. This secures the [DOT andlor the State of Iowa the right to recover from the contractorvendor if material orlabor entered into the work performed is not In accord with the contract, specifications, or plans. Persons outside the Department may occasionally request this information. Failure to provide all required information will result in dental of the award of the contract. UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint Stacy Venn its true and lawful Attorney -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Surety Bond Number. 54193862 Principal: Skyline Construction, Inc. Obligee: City of Waterloo and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attomey or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this August 23, 2010. miinno State of Iowa, County of Linn, ss: By UNITED FIRE & CASUALTY COMPANY Vice President On August 23, 2010, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A. Jansen Iowa Notarial Seal Commission number 713273 My Commission Expires 10/26/13 CERTIFICATION Notary Public My commission expires: 10-26-13 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this day of 2013 Secretary �. �P A D® CERTIFICATE OF LIABILITY INSURANCE DATE 03/26/2013 03/26 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Holmes Murphy & Assoc - CR 500 1st Avenue NE, Suite 300 Cedar Rapids, IA 52401 CONTACT NAME: PHONE FAX (A/C. No. Ext): (AIC, No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Bituminous Insurance Companies LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Skyline Construction, Inc. PO Box 127 Decorah, IA 52101 INSURER B: Lexington Insurance Company CLP3572820 First Specialty Insurance Corporation INSURER C : P Y ='P 07/01/13 INSURERD: BITUMINOUS FIRE & MARINE INS CO 20109 INSURERS: $ 100,000 INSURER F : $ 10,000 COVERAGES CERTIFICATE NUMBER: 32645976 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POUCY EXP (MMIDD/YYYY) LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLP3572820 07/01/12 07/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO ENTED PREMISES (EaEoccurrence) $ 100,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PEC PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS CAP3572821 07[01/12 07/01/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B UMBRELLALIAB EXCESS UAB X OCCUR CLAIMS -MADE 013136459 07/01/12 07/01/13 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 DED RETENTON$10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC3572819 07/01/12 07/01/13 x WCSTATU- AVM OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500, 000 C D Excess Cargo Liability IRE10552-3 CLP3572820 07/01/12 07/01/12 07/01/13 07/01/13 Aggregate 5,000,000 Any One Vehicle 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Iowa Department of Transportation and all 99 Counties are listed as additional insured as it pertains to all projects statewide. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IL. \ \,:::zlitr.„., ACORD 25 (2010/05) kjanney 32645976 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '� �® CERTIFICATE OF LIABILITY INSURANCE DATE 04 (MM/DO13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 Holmes Murphy & Assoc - CR 500 1st Avenue NE, Suite 300 Cedar Rapids, IA 52401 CONTACT PHONE FAX (NC. No. Ext): (AIC No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Bituminous Insurance Companies LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Skyline Construction, Inc. PO Box 127 Decorah, IA 52101 INSURER B: Lexington Insurance Company CLP3572820 INSURER C :First Specialty Insurance Corporation 07/01/13 INSURERD: BITIIMINOIIS FIRE & MARINE INS CO 20109 INSURERS: $ 100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: 32970251 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INR BR w o POLICY NUMBER PMIDCY EFF (MM/DD/YYYY) PORGY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLP3572820 07/01/12 07/01/13 EACH OCCURRENCE $ 1,000,000 PREEMI EMPRSESS RENTED (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY n JECT I I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE XANY Xx LIABILITY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS CAP3572821 07/01/12 07/01/13 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Perident accident) $ PROPERTY DAMAGE (Per ardent) $ $ B UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 013136459 07/01/12 07/01/13 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 DED RETENTION$ 10, 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A WC3572819 07/01/1-e 07/01/13 x WCSTATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 C D Excess Cargo Liability IRE10552-3 CLP3572820 07/01/12 07/01/12 07/01/13 07/01/13 Aggregate 5,000,000 Any One Vehicle 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Iowa Department of Transportation and all 99 Counties are listed as additional insured as it pertains to all projects statewide. The City of Waterloo is an Additional Insured on General Liability as required by written contract with the insured, pe: policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) kjanney 32970251 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD