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HomeMy WebLinkAboutMinturn, Inc.144 W. Front St, P-0. Box 369 Brooklyn, IA 5211 1\Si2TL71 dr�� and &/v f R(pairS U °t 5n 4. MINTURN, INC. 144 W. Front St. P.O. Box 369 Brooklyn, IA 52211 CITY OF OATRi 161 ITY CLERKS 0 -,,r -f --113'c 45,1)4.7 MAY 3 7018 F1.1.12:43:06 „eNCLOSw y v)lq34 '6trictle, (.1-1 r+ 'CS CbtAktac-t- °ISD Revised Per Addendum No. 1 - 04/30/2018 FORM OF BID OR PROPOSAL FY 2018 BRIDGE AND CULVERT REPAIRS CONTRACT NO. 950 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of .TO tn.>GL , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this FY 2018 BRIDGE AND CULVERT REPAIRS, CONTRACT NO. 950, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FY 2018 BRIDGE AND CULVERT REPAIRS CONTRACT NO. 950 BID ITEM REF. NO. DESCRIPTION UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 1 2107-0425020 COMPACTING BACKFILL ADJACENT TO BRIDGES, CULVERTS OR STRUCTURES CY 10.0 $ ZSO c" $ 2_,5croc 2 2301-0685550 AS PER PLAN BRIDGE APPROACH PAVEMENT, SY 107.0 $ 2j'a $ 24p75a "D 3 2413-1100000 PREFORMED ELASTIC NEOPRENE JOINT LF 48.0 $ °O$ 5j � Zr qoo0 4 2413-1200100 NEOPRENE GLAND INSTALLATION AND TESTING LF 143.0 $ oo SD $ ' 7 f Sb 5 2426-6772016 CONCRETE REPAIR SF 33.0 $ ¶Oo `" $ 1312oo°' 6 2426-6772020 PARTIAL DEPTH BRIDGE DECK PATCH SF 130.0 $ oo �O $ Pc)FINISH i 17 o o 7 2511-7526004 SIDEWALK,DP.C. CONCRETE, 4 SY 10.0 $to $Z 3s---oe:.=) 8 2518-6910000 SAFETY CLOSURE EACH 4.0 $ /Do ° $ fOoQ° 9 2528-8445110 TRAFFIC CONTROL LS 1.0 $ 2eDi o°ie $ ZDr oov"° 10 2529-8200200 PRESSURE RELIEF JOINT, CF LF 56.0 $ 2A, $ / 5"-jg eo 11 2533-4980005 MOBILIZATION LS 1.0 $ (Z,5oo" $ /'2_( , -OD 00 12 2599-9999005 HMA APPROACH REPAIRS SY 50.0 $ 7s °- $ 37$dma 13 2599-9999005 REPAIR GUARDRAIL AND TIMBER POSTS LF 120.0 $ (:)--$ 3D3�00� oa Deleted 44 2599 9999005 REPAIR TIPPED SIDEWALK RAIL LS 4,0 $ $ AND POSTS FORM OF BID AECOM #60569633 CONTRACT NO. 950 Page FB -1 of 3 FY 2018 Bridge and Culvert Repairs Revised Per Addendum No. 1 - 04/30/2018 BID ITEM REF. NO. DESCRIPTION UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 15 2599-9999005 FURNISH AND INSTALL EXPANSION JOINT CURB PLATE EA 1.0 $ /500 a' $ i 600°4' 16 2599-9999005 FURNISH AND INSTALL LIGHT POST ACCESS COVER SCREWSRE EA 10.0 $ oo 1 Z $ ©o 1 17 2599-9999005 AIR RAL NGSEDESTRIAN PIPE LF 100.0 $ /so" $ Sf JOO o0 TOTAL BID $ / Z f 1a7mop 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. ,, 4. Security in the sum of ?l J 2 P? v (7 f- pii.I }U n -I— B id Dollars ($ �j90 ) in the form of ji/ /�r� , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( % ), or Non -Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. ( Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. FORM OF BID CONTRACT NO. 950 Page FB -2 of 3 AECOM #60569633 FY 2018 Bridge and Culvert Repairs Revised Per Addendum No. 1 - 04/30/2018 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. BY: J'27 liurn� iY2C (Name of Bidder) Pia, zvle (Date) Title Ric /d g n .1— Official Address: (Including Zip Code): PP,/ 14) Fri)yr�- 1 nolai/V1)J 52711 I.R.S. No. 3/- 1 t S 20 I FORM OF BID CONTRACT NO. 950 Page FB -3 of 3 AECOM #60569633 FY 2018 Bridge and Culvert Repairs State of NON -COLLUSION AFFIDAVIT OF PRIME BIDDER County of VrAA)/S r (�L ) )ss 0l11411 111I. 4aaAs , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 1 / d 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) WI Wit I/A— Title Subscribed and sworn to before me this > r� ay of I Y l((_t / My commission expires mar(h M , 2018. I ,.4 .1AtI $ Title iv / MINDY 1 RHOADSS Commission Number 734952 My Commission Expires March 8, 2019 NON -COLLUSION AFFIDAVIT CONTRACT NO. 950 Page NCA -1 of 2 AECOM #60569633 FY 2018 Bridge and Culvert Repairs Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: TA Yes El No [I Yes ❑ No ® Yes ❑ No El Yes Qf No Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: .i21__/ d / 2017 to ?r1,r)'t7 Address: 1 LI L \N rri)M-S City, State, Zip: ?".:)-CD 014-1k I N �/ \- s22- I r Dates: l/j / t/ / W0 11 / 21 / Zb) tP Address: / D°1N ` O`«- Y �`�( ?1(\) D v 1: -)7.72 City, State, Zip. Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 1OULSI)AQ LID Le� 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. D Yes No You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: YU V\ v 1(\ I'r/AL, Signature: Date: MaUf Sim You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ❑ No O Yes [A No D Yes Ed No zi Yes 0 No ❑Yes Ell No ❑ Yes IK No O Yes M. No ❑ Yes 121 No O Yes gjNo ❑ Yes Ul No O Yes No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) BSF-2 MBEIWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATI9iN fORM2Prime Contractor Name: ffllflh4rpl IPnC • Project:c1Wi Gl��j6-4-CUI1�eo- Letting Date: J, Z61p vcs Iad. \ND.SISp NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBE/WBE scontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: ` Title: Tas‘ctofik Date: Mal ` l "lt i5 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEIWBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted ul,4rLo Corfu s 7-. tf z.Sj/ $' ,J 0 -,v1/4A-N -a- 14A -SE- 9i2,.0lg /->0 /c c 012 y/ s'/11( A' 0 (Form CCO-4) Rev. 06-20-02 MBENUBE PARTICIPATION AECOM #60569633 CONTRACT NO. 950 Page M-6 of 6 FY 2018 Bridge and Culvert Repairs INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: fY1A.nliA i ADDRESS::)1v v ' CY*\ ' j 116Y-1)0 ► Y A (Check One) FEDERAL ID#: PROJECT NAME: RIME c61- V1/210 9 SUBCONTRACTOR Y 2v J Q' ? c[e . d- Gu 1 \J t,4 P,i2pdoirS PROJECT CONTRACT NO.: 1 'Q DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond SALES TAX EXEMPTION AECOM #60569633 FY 2018 Bridge and Culvert Repairs O Landscaping ❑ Painting ❑ Paving O Plumbing O Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition olerlLs & tai) allqiC4DY CONTRACT NO. 950 STE-1 of 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Minturn, Inc. as Principal, and Merchants National Bonding, Inc. as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of Amount Bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 3rd day of May ,20 18 , for FY 2018 Bridge and Culvert Repairs; Contract No. 950 NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres- ents to be signed by their proper officers this 3rd day of May A.D. 2018_ Minturn, Inc. Principal BID BOND AECOM #60569633 By (Seal)(I )Se1 ) Merchants National Bonding, Inc. (Seal) Surety By c Attorney-in-fact CONTRACT NO. 950 Abigail R. M.hrt Page BB -1 of 1 FY 2018 Bridge and Culvert Repairs MERCHANTS BONDING COMPANY„. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Abigail R Mohr; John R Fay; Kent M Rosenberg; Mat DeGroote; Matthew R Fay; Michael L McCoy their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.” In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed .`o`'g10Ngl•. �'c0y7, y+: PO,NppRqey., Osci;0•p e: QoP-te.2• c � • : _ -o- o; a'• 1933 r c By ti ir . . 2'!2 -0- Q:,O .Q: 7 s ` 2003 1.5) STATE OF IOWA COUNTY OF DALLAS ss. On this this 13th day of March 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. and sealed this 13th day of March , 2018 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President ALICIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and P,•(19. A -0-o: 2003 . ......... ... t� POA 0018 (3/17) affixed the seal of the Companies on this 3rd day of May , 2018 . ...?.�P0 4.7.%• �:2 -o- III zt �:3 d•• 1933 : C u Secretary EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of Investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 950 Page 1 of 2 AECOM #60569633 FY 2018 Bridge and Culvert Repairs subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) Wt5& ds -,M (Title) (Date) EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 950 Page 2 of 2 AECOM #60569633 FY 2018 Bridge and Culvert Repairs TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agree as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts It has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6, Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States, TITLE VI CIVIL RIGHTS CONTRACT NO. 950 Page 1 of 1 AECOM #60569633 FY 2018 Bridge and Culvert Repairs