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HomeMy WebLinkAboutArends Excavating a ' 1 1 � < < S o � � Nil Af U/ S G �Illlj . . . . . OFFICIAL CHECK 044270 FARMERS STATE BANK 11 /19/ zo2o 72-804i739 131 TOWER PARK DRIVE SUITE 100 m WATERLOO , IA 50701 0 N 10 d 0 PAY TO THE $29 , 441 . 00 A ORDER OF City of Waterloo ' 9 d V Twenty - Nine Thousand Four Hundred Forty - One Dollars And Zero Cents DOLLARS U City of Waterloo VOID AFTER 90 DAYS a O SIGNATURES REQUIRED ON AMOUNTS GREATER THAN $100,000.00 v d LL T 2021 Leversee Rd Lft Station nm MEMO AUTHORIZED SIGNATURE 110044270110 1000739080451 : 000 1137 911' NOTICE OF PUBLIC HEARING On Proposed Plans , Specifications , Form of Contract, And Estimate of Cost For the FY 2021 LEVERSEE ROAD LIFT STATION In the City of Waterloo , Iowa CONTRACT NO . 983 RECEIVING OF BIDS PLEASE SEE INSERT REGARDING MUNICIPAL BIDDING AND COVID- 19. Sealed proposals will be received by the City Clerk of the City of Waterloo , Iowa , at her office in the City Hall of the said City on the 19th day of November until 1 : 00 p . m . for the construction of the FY 2021 LEVERSEE ROAD LIFT STATION , Contract 983 as described in detail in the plans and specifications now on file in the Office of the City Clerk . OPENING OF BIDS PLEASE SEE INSERT REGARDING MUNICIPAL BIDDING AND COVID49. All proposals received will be opened in the First Floor Conference Room at City Hall , in the City of Waterloo , Iowa , on the 19th day of November at 1 : 00 p . m . , and the proposals will be acted upon at such later time and place as may then be fixed by the City Council . PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans , specifications , form of contract , and estimate of cost for the construction of the above- described improvement project at 5 : 30 p . m . on November 23rd 2020 , said hearing to be held in the Harold E . Getty Council Chambers in City Hall in said City. The proposed plans , specifications , form of contract , and estimate of cost for said improvements heretofore prepared by the City Engineering Department are now on file in the office of the City Clerk for public examination , and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing , or appear and make objection thereto with the City Clerk before the date set for said hearing , or appear and make objection thereto at the meeting above set forth . The City of Waterloo will continue to hold City Council meetings as scheduled , however in response to COVID- 19 , elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate . The public is invited to speak on public hearing items in the following ways . Call the City Clerk' s Office at 319-2914323 by 4 : 45 p . m . to obtain conference call information . Alternatively , you may email your comments to comments ( waterloo- ia . org and they will be read during the public hearing . Please state the public hearing item on which you wish to speak . Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing . The NOTICE TO BIDDERS can be viewed at the following locations : 1 ) City of Waterloo web site at http : //ci . waterloo , ia . us/ 2 ) Plan rooms : 1 - 1 NOTICE OF PUBLIC HEARING CONTRACT NO . 983 Master Builders of Iowa 221 Park Street , PO Box 695 Des Moines , IA 50303 McGraw Hill Construction Dodge 3315 Central Ave . Hot Springs , AR 71913 Reed Construction Data 30 Technology Parkway South , Ste . 500 Norcross , GA 30092 Plan Room Web sites : Master Builders of Iowa web site at www . mbionline . com Dodge Lead web site : http : //dodgeprojects . construction . com/ Reed Const . Data Lead web site : http : //www . cmdgroup . com/project-leads/ SCOPE OF WORK The work involved in this project consists of; all site work to include grubbing , excavation , installing of all below grade structures and connective piping , valves , meter, quick disconnect , lift station pump rails , shoes , pumps , level sensors , access doors , pump lift , CMU electrical control building and all electrical equipment such as ; generator , ATS , 440 switch gear panels and breakers , 100 amp panel and breakers , pump control panels with SCADA panel , interior and exterior outlets and building and site lighting and appurtenances . All excavation , backfill and any dewatering required during construction . Construction of lift station site access drive and site embankment. Construction of access drive , aggregate access drive and aggregate site cover. Site fencing and swing gates with locking capability . Site grading with local borrow . All areas not aggregate covered shall be seeded and mulched . Site power supply work ( By others ) shall be coordinated to keep project on schedule . Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo , Iowa , on the day of , CITY OF WATERLOO , IOWA BY : Kelley Felchle City Clerk 1 -2 NOTICE OF PUBLIC HEARING CONTRACT NO . 983 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2021 LEVERSEE ROAD LIFT STATION In the City of Waterloo , Iowa CONTRACT NO . 983 RECEIVING OF BIDS PLEASE SEE INSERT REGARDING MUNICIPAL BIDDING AND COVID- 19. Sealed proposals will be received by the City Clerk of the City of Waterloo , Iowa , at her office in the City Hall of the said City on the 19th day of November until 1 : 00 p . m . for the construction of the FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 , Contract 983 , as described in detail in the plans and specifications now on file in the Office of the City Clerk . OPENING OF BIDS All proposals received will be opened in the Second Floor Council Chambers at City Hall , in the City of Waterloo , Iowa , on the 19th day of November , at 1 : 00 p . m . , and the proposals will be acted upon at such later time and place as may then be fixed by the City Council . PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans , specifications , form of contract , and estimate of cost for the construction of the above- described improvement project at 5 : 30 p . m . on November 23rd , 2020 , said hearing to be held in the Harold E . Getty Council Chambers in City Hall in said City . The City of Waterloo will continue to hold City Council meetings as scheduled , however in response to COVID- 19 , elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate . The public is invited to speak on public hearing items in the following ways . Call the City Clerk' s Office at 319=2914323 by 4 : 45 p . m . to obtain conference call I nformation . Alternatively , you may email your comments to comments (cjwaterloo-ia . orq and they will be read during the public hearing . Please state the public hearing item on which you wish to speak . Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing . SCOPE OF WORK The work involved in this project consists of; all site work to include grubbing , excavation , installing of all below grade structures and connective piping , valves , meter, quick disconnect , lift station pump rails , shoes , pumps , level sensors , access doors , pump lift , CMU electrical control building and all electrical equipment such as , generator, ATS , 440 switch gear panels and breakers , 100 amp panel and breakers , pump control panels with SCADA panel , interior and exterior outlets and building and site lighting and appurtenances . All excavation , backfill and any dewatering required NOTICE TO BIDDERS CONTRACT NO , 983 2 - 1 during construction . Construction of lift station site access drive and site embankment. Construction of access drive , aggregate access drive and aggregate site cover . Site fencing and swing gates with locking capability . Site grading with local borrow . All areas not aggregate covered shall be seeded and mulched . Site power supply work ( By others ) shall be coordinated to keep project on schedule . BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten ( 10 ) working days after receipt of " Notice to Proceed " and this project shall have a split completion date . Work required to allow , at a minimum , manual use of the lift station by intended users shall be completed by June 1 , 2021 ; all other work , including final commissioning of the lift station and all other site work shall be completed by July 1 , 2021 . METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi -monthly estimates in cash on the basis of ninety^ five percent (95 % ) of the work as it is completed and materials delivered and work approved . Final payment will be made thirty-one (31 ) days after completion of the work and acceptance by the Council . Before final payment is made , vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material , men and laborers have been paid . The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates , according to Chapter 384 . 57 of the Code of Iowa , payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A , Code of Iowa . PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Clapsaddle-Garber Associates , Inc . , which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice , and the proposed contract by reference shall be executed in compliance therewith . Plans and Specifications are available for review only from the Engineering Department on the second floor of City Hall . Plans and Specifications may be downloaded at no, charge from https ://www. cgaplanroom . com or a printed copy may be obtained by contacting Beeline + Blue at 2507 Ingersoll Ave . , Des Moines , Iowa 50312 or by phone at (515 ) 244- 1611 . Deposits will be refunded if the plans are returned in usable condition ( i . e . generally free of highlights , ink markings , tears , stickers , water stains and soiling ) to Clapsaddle-Garber Associates , Inc . at 5106 Nordic Drive in Cedar Falls , Iowa , by the end of the 14th consecutive day after the project has been awarded . No deposits will be refunded for any requests or plans received after the 14th consecutive day , which includes plans returned via mail service . Plan holders are responsible for ascertaining when the project has been awarded . If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor NOTICE TO BIDDERS CONTRACT NO . 983 2 - 2 that has been awarded the project , Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City to verify eligibility for the refundable deposit . Upon award of project , the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost . CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid . The City reserves the right to reject any or all bids , re-advertise for new bids , and to waive informalities in the bids submitted that might be in the best interest of the City . Bids may be held by the City of Waterloo , Iowa , for a period not to exceed thirty ( 30 ) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders , prior to awarding the contract . By virtue of statutory authority , a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal . The bidder shall clearly write or type the unit bid price and the bid item extension ( Unit Price x Estimated Qty ) in numerals on the blanks provided . Should there be any discrepancy between the unit bid price and extension , the City of Waterloo shall consider the unit bid price as being the valid unit bid price . The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal , which includes the Bid Item Number, Description , Unit , Estimated Quantity, Unit Bid Price , Total Bid Price and Total Bid . The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid . For the bidders who submit a computer-generated spreadsheet , the TOTAL BID (with alternates , if applicable ) shall also be indicated in the space (s ) provided on the Form of Bid or Proposal . BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank , or a bank chartered under the laws of the United States , a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States , or bid bond , (on the form furnished by the City) payable to the City of Waterloo , Iowa , in the sum of not less than five percent ( 5 % ) of the bid submitted , which certified check , certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds , and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds , his bid security may be retained by said City as agreed upon liquidated damages . If bid bond is used , it must be signed by both the Bidder and NOTICE TO BIDDERS CONTRACT NO . 983 2 - 3 the surety or surety's agent . Signature of surety's agent must be supported by accompanying Power of Attorney . PERFORMANCE PAYMENT BONDS The successful bidder will be required to furnish a " Performance Bond " and a " Payment Bond " within ten ( 10 ) days after forms are presented to him in an amount equal to one hundred percent ( 100 % ) of the contract price , said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained , and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract , it shall execute and file a bond in the penal sum of not less than 100 % of the total amount of the contract, same to be known as " Maintenance Bond , " and which bond must be approved by the City Council , and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work . CONTRACT COMPLIANCE PROGRAM ! SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise ( MBE ) and Women Business Enterprise (WBE ) as Subcontractors , vendors and suppliers in the performance of Contracts awarded by the City of Waterloo , Iowa . A goal of at least ten percent ( 10 % ) for MBE participation on all City funded construction projects that are estimated at $ 50 , 000 . 00 or more . A goal of at least two percent (2 % ) for WBE participation on all City funded construction projects that are estimated at $ 50 , 000 . 00 or more . Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals . The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals . The MBE/WBE subcontractors , suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid . LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion . If the work is not completed within the specified contract period , plus authorized extensions , the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($ 500 . 00 ) per day , for each day , as further described herein , in excess of the authorized time . Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does , or could have worked , from Monday through Saturday . Sundays will be counted only if work is performed . Partial working days will be considered as a full working day . Days not chargeable for NOTICE TO BIDDERS CONTRACT NO . 983 2 - 4 Liquidated Damages will include rain days , Sunday if no work is done , and legal holidays . Working days will cease to be charged when only punch list items remain to be completed . Punch list items do not include contract bid items or approved change/extra work orders . When the Contractor believes the project to be substantially completed , a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List . If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season . This amount is not construed as a penalty . These damages are for the cost to the City of providing the required additional inspection , engineering and contract administration . PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract , a conference shall be held for the purpose of discussing the contract . The conference shall be attended by the prime contractor, subcontractors and City Officials . BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non - Resident Bidder requirements . Each bidder submitting a bid shall execute and include with the bid , a Bidder Status Form in the form herein provided . Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected . SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo . Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa . CITY OF WATERLOO , IOWA NOTICE TO BIDDERS CONTRACT NO . 983 2 - 5 INSTRUCTIONS TO BIDDERS 1 . EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders , Plans , Specifications , etc . , must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids . Any interpretation made will be in the form of an amendment of the Notice to Bidders , Plans , Specifications , etc . , and will be furnished to all prospective bidders . Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids . Oral explanations or instructions given before the award of the contract will not be binding . 2 . EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work , and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract , unless included in the Notice to Bidders , the Specifications or related documents . 3 . PREPARATION OF BIDS a . Bids shall be submitted on the forms furnished , or copies thereof, and must be manually signed . If erasures or other changes appear on the forms , each erasure or change must be initialed by the person signing the bid . The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal , which includes the Bid Item Number, Description , Unit, Estimated Quantity , Unit Bid Price , Total Bid Price , and Total Bid . The corn spreadsheet shall include all of the informati mon listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid . For the bidders who submit a computer-generated spread- sheet , the TOTAL BID (with alternates , if applicable ) shall also be indicated in the space (s ) provided on the Form of Bid or Proposal . INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 1 5623 b . The Bid Form may provide for submission of a price or prices for one or more items , which may be lump sum bids , alternate prices , schedule items resulting in a bid on a unit of construction or a combination thereof, etc . When the Bid Form explicitly requires that the bidder bid on all items , failure to do so will disqualify the bid . When submission of a price on all items is not required , bidders should insert the words " no bid " in the space provided for any item on which no price is submitted. c . Unless called for, alternate bids will not be considered . d . Modifications of bids already submitted will be considered if received at the office designated in the Notice to Bidders by the time set for closing of bids . Telegraphic modifications will be considered , but should not reveal the amount of the original or revised bid . e . In preparing bid , the bidder shall specify the price , written legibly in ink or with the typewriter, at which he proposes to do each item of work . The unit price shall be stated in figures in the blank space provided (i . e . , $ 7 . 14 ) . In items where unit price is required , the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided . If the bidder chooses to submit the unit prices , total bid price , and total bid on a computer-generated spreadsheet , all numbers shall be easily legible . f. Any changes or alterations made in the Bid Form , or any addition thereto , may cause the rejection of the bid . No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo . Bids in which the unit prices are obviously unbalanced may be rejected . g . If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders , including but not limited to any preference to bidders , the imposition of any type of labor force preference , or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder' s state or country of domicile at the time of a bid submittal . 4 . SUBMISSION OF BIDS INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 2 5623 PLEASE SEE INSERT REGARDING MUNICIPAL BIDDING AND COVID ® 19 . a . A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope . If forwarded by mail , the two envelopes shall be placed in a third and mailed to the City Clerk/Auditor. All bids must be filed with the City Clerk/Auditor of the City of Waterloo at his office in the City Hall before the time specified for closing bids . b . Bids received prior to the advertised hour of opening will be securely kept sealed . The officer whose duty it is to open them will decide when the specified time has arrived , and no bid received thereafter will be considered ; except that when a bid arrives by mail after the time fixed for opening , but before the reading of all other bids is completed , and it is shown to the satisfaction of the City of Waterloo , Iowa , that the non-arrival on time was due solely to delay in the malls for which the bidder was not responsible , such bid will be received and considered . c . Bidders are cautioned that , while telegraphic modifications of bids may be received as provided above , such modifications , if not explicit and if in any sense subject to misinterpretation , shall made the bid so modified or amended , subject to rejection . 5 . LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered . However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City of Waterloo , will be considered at any time it is received and may therefore be accepted . Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids . 6 . PUBLIC OPENING OF BIDS PLEASE SEE INSERT REGARDING MUNICIPAL BIDDING AND COVID- 19 . Bids will be publicly opened at that time and place set for opening in the Notice to Bidders . Their content will be made public for the information of bidders and others interested who may be present either in person or by representative . 7 . BID SECURITY REQUIRED INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 3 5623 All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank , or a bank chartered under the laws of the United States , a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States , or bid bond (on the form furnished by the City ) payable to the City of Waterloo , Iowa , in the sum of not less than five percent ( 5 % ) of the bid submitted , which certified check , certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds , and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond , his bid security may be retained by said City as agreed upon liquidated damages . If bid bond is used , it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney . 8 . COLLUSIVE AGREEMENTS a . Each bidder submitting a bid shall execute and include with the bid , a Non- Collusion Affidavit in the form herein provided , to the effect that he as not colluded with any other person , firm , or corporation in regard to any bid submitted . b . Each bidder submitting a bid shall have each proposed subcontractor, if any , execute and submit to the City Contract Compliance Officer by 5 : 00 P . M . the business day following the day bids on this project are due , a Non-Collusion Affidavit in the form herein provided , to the effect that he has not colluded with any other person , firm , or corporation in regard to any bid submitted . Before executing any subcontract , the successful bidder shall submit the name of any proposed subcontractor for approval by the City . 9 . MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a . CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE- BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal . Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10 . MBE/WBE CONTRACT COMPLIANCE PROGRAM INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 4 5623 PURPOSE The purpose of the Contract Compliance Program ( hereinafter called Program ) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise ( MBENIIBE ) in City awarded construction contracts . The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts , but it will hopefully serve as a needed stimulus to help local MBE/WBE ' s grow and eventually become mainstream contractors and subcontractors . This Contract Compliance Program does not propose to include any set-aside or quotas , but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors . This Program shall not eliminate the need for contractors to continue their "good -faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50 , 000 . The City of Waterloo will make every effort to reduce in - house construction and maintenance work that would be more cost effectively performed by the private sector and , thus , would allow additional bidding opportunities for MBE/WBE firms . The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts . DEFINITIONS Goals. A flexible numerically expressed objective which ' contractors are required to make "good-faith efforts . " The key to the requirement is to make documented efforts . Goals are neither set-a-sides nor a device to achieve proportional representation or equal results . Numerical goals do not create set-a-sides for specific groups , nor are they designed to achieve proportional representation or equal results . Rather, the goaksetting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination . Quota . A flat numerical requirement that the contractor is required to meet M n order to obtain the benefit or be in compliance . The numerical INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 5 5623 goal component of affirmative action programs is not designed to be , nor may it properly or lawfully be interpreted as , permitting . unlawful preferential treatment and quotas with respect to persons of any race , color , religion , sex , or national origin . The regulations at 41 CFR 60-2 . 12 (x ) , 60-2 . 15 and 60-2 . 30 , specifically prohibit discrimination and the use of goals as quotas . ( U . S . Department of Labor) Set-Aside : An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises . Contractor. As used in this document means contractor, subcontractor, supplier, vendor , and professional service provider. Minority Business Enterprise (MBE) Any business , which is at least 51 % , owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List , or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1 , 2002 Women Business Enterprise (WBE) : Any business which is at least 51 % owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List , or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1 , 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities . The groups include : Black American , Hispanic American , Native Americans , Eskimos , Aleuts , and Asian- Pacific Americans , 13 C . F . R . 124- 1 . 1 (c ) ( 3 ) ( 11 ) ( 1983 ) . Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on , judgment , financial responsibility , and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program . Broker: INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 6 5623 One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility . Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid . The obligation of the bidder is to make good faith efforts . The bidder can demonstrate that it has done so by the following . 1 . The Prime Contractor met the project goal - No Action necessary 2 . If the Prime Contractor failed to meet the goal , they must submit documentation of good faith efforts . CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise ( MBE ) and Women Business Enterprise (WBE ) as subcontractors in the performance of contracts awarded by the City of Waterloo , Iowa . A goal of at least 10 % for MBE participation on all City funded construction projects that are estimated at $ 50 , 000 or more and projects under $ 50 , 000 where applicable at the Contract Compliance Officer' s discretion . There is at least 2 % WBE goal on City funded projects . Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals . Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals . The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good -faith efforts " to meet the Contract Compliance MBE/WBE goals . The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid . Administrative Reconsideration . As part of this reconsideration , the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals . The bidder will have the opportunity to meet in person with the City of Waterloo' s Administrative Reconsideration Committee to INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 7 5623 discuss the issue of whether they made adequate good faith efforts . The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council ; explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so . Documentation required will include but is not limited to the following : * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms • MBE/WBE quotes obtained and non - MBE/WBE quotes used * Reasons agreements were not reached • Follow- up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices ) , bonding , lines of credit , insurance , etc . Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation ) based on overall program goals . RESPONSIBILITIES 1 . City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal , State and Municipal regulations . B . The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms . Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program . Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo . C . The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms . D . The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date . E . The City Contract Compliance Officer will receive MBE/WBE Letter(s ) of Intent to Bid and within two (2 ) businessidays INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 8 5623 forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors . Prime Contractors In order to be in compliance with the guidelines of this program , the prime contractor must show good -faith efforts in following the MBE/WBE Contract Compliance Program . Good -faith efforts include , but are not limited to , the following : A . Prime contractors shall send solicitation letters ( Form CCO- 3 ) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven ( 7 ) working days prior to bid date . Letters should identify specific items to be subcontracted . A minimum of three (3 ) disadvantaged business contacts must be made and documented , if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List) . If less than three ( 3 ) are offering the services to be subcontracted , then a contact is required for any that are listed as providing that service . If the Prime Contractor submits a MBE/WBE contact not on the City' s MBE/WBE list , . attach a copy of the MBE/WBE/DBE Certifications from another government agency . B . If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work , the City Contract Compliance Officer should be contacted for assistance immediately , C . Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews , but all such contacts shall be confirmed by Certified Mail , or subcontract bid request forms ( Form CCO-2 ) . D . If any MBE/WBE business submitting bids is not selected for subcontract award , documentation must accompany the " MBE/WBE Business Enterprise Pre- Bid Contact Information Form " ( Form CCO4 and CCO-4A) on why the MBE/WBE was not selected . These reasons could include : a . Not low bid . Copies of the competing bids may be required for verification . b . MBE/WBE did not bid , withdrew bid or non- responsive . INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 9 5623 c . Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract . d . Prime contractor self performs work. e . Any other reason relied on by prime . The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation ) based on overall program goals . He MBE/WBE Firms A . MBEMBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses , or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of August 2 , 2019 . Be MBEMIBE firms must perform the work on the project ; they cannot act as a broker by subcontracting the work out to others . C . Each MBE/WBE firm planning to submit quotes on construction projects with goals , shall submit a Letter of Intent to Bid ( Form CCO-5 ) to the City Contract Compliance Officer seven (7 ) working days prior to bid opening , listing specific items which the MBE/WBE firm is interested in bidding . If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven ( 7 ) working days prior to bid opening , goals on subject project will be reduced accordingly . Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited . NON -COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor' s actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting . Be A bidder' s failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible . C . The Contract Compliance Officer shall submit to City Council his/her recommendation on any non -compliant contract in writing . NOTICE TO PROCEED INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 10 5623 Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good -faith efforts to comply with this Compliance Program and the bid was responsive . CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs . 11 . EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible , suppliers , subcontractors , and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials , bidding for subcontract work , or applying for employment by the contractor on this project . Opportunities for training and for employment arising in connection with this project , shall to the greatest extent feasible be made available to lower income persons residing in the project area . The contract area is the City of Waterloo . The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from , and awarding subcontracts to , businesses owned by persons residing in the project area . 12 . STATEMENT OF BIDDER'S QUALIFICATIONS Each bidder shall , upon request of the City of Waterloo , Iowa , submit on the form furnished for that purpose (a copy of which is included in the contract documents ) , a statement of bidder' s qualifications , his experience record in constructing the type of improvements embraced , and his organization and equipment available for the work contemplated ; and , when specifically requested , a detailed financial statement . The City of Waterloo , Iowa , shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract , and the bidder shall furnish the City of Waterloo , Iowa , all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo , Iowa , that the bidder is qualified to carry out properly the terms of the contract. 13 . AWARD OF CONTRACT INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - l l 5623 a . Award of contract will be made to that responsive and responsible bidder whose bid , conforming to the Specifications , is most advantageous to the City of Waterloo , price and other factors considered . The intention is to award the contract at the time of opening bids , but the right is reserved to postpone such action for a reasonable time , not exceeding thirty ( 30 ) days . b . The City Council may , when in its interest , reject any or all bids or waive any informality in bids received . c . The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description . Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price , the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price . A computer-generated spreadsheet as herein provided shall also be acceptable . Proposals requiring mathematical computations to determine unit prices or totals will be rejected . A contract will be awarded to the qualified bidder submitting the lowest total bid for the BASE BID plus ALTERNATE ( S ) chosen by the City as indicated in the NOTICE TO BIDDERS . d . When a contract for a public improvement is to be awarded to the lowest responsive and responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country , including but not limited to any preference to bidders , the imposition of any type of labor force preference , or any other form of preferential treatment to bidders or laborers from that state or foreign country . The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident . In the instance of a resident . labor force preference , a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident . 14. EXECUTION OF AGREEMENT, BONDS , AND CERTIFICATE OF INSURANCE a . Subsequent to the award and within ten ( 10 ) days after the prescribed forms are presented for signature , the successful bidder shall execute and deliver to the City of Waterloo , Iowa , an INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 12 5623 agreement in the form included in the contract documents in such number of copies as the City of Waterloo , Iowa , may require . b . Having satisfied all conditions of award as set forth elsewhere in these documents , the successful bidder shall , within the period specified in paragraph " a " above , furnish a surety bond and a payment bond in a penal sum not less than the amount of the contract as awarded , as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons , firms , or corporations to whom the contractor may become legally indebted for labor , materials , tools , equipment , or services of any nature including utility and transportation services , employed or used by him in performing the work . The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as , or a date subsequent to that of the agreement . The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds . c . The successful bidder shall , within the period specified in paragraph " a " above , furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction , Section F . No . 4 " Liability Insurance , " Pages 16 to 17 of 21 Pages . The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require . The City of Waterloo shall be named as an "Additional Insured . " The contractor shall similarly submit his subcontractor' s certificates of insurance in the amounts for approval before each commences work . The contractor shall carry or require that there be Workmen 's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site , in accordance with State Workmen 's Compensation Laws . d . The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten ( 10 ) days after the prescribed forms are presented for signature , or within such extended period as the City of Waterloo , Iowa , may grant , based upon reasons determined sufficient by the City of Waterloo , Iowa , may either award the contract to the next lowest bidder or rem advertise for bids , and may charge against the bidder the difference between the amount of the bid an the amount for which a contract INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 13 5623 for the work is subsequently executed , irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising , the defaulting bidder shall have no claim against the City of Waterloo , Iowa , for a refund . 15m BIDDERSTATUS Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non- Resident Bidder requirement . Each bidder submitting a bid shall execute and include with the bid , a Bidder Status Form in the form herein provided . Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected . INSTRUCTIONS TO BIDDERS CONTRACT NO . 983 3 - 14 5623 5 . Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6 . Attached hereto is a Bidder Status Form . 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 1 — Z 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 . 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 . FORM OF BID CONTRACT NO . 983 4 - 3 5623 ( Name of Bidder) ( Date ) BY : r .. � r.� C >Cc: r. v(di ✓1 Title e.�, Official Address : ( Including Zip Code ) . Z 7 to S1/� . C ✓� r a r a Vie r t —� t-1 0 :7 Q I . R . S . No . FORM OF BID CONTRACT NO . 983 4 - 4 5623 INFORMATION FOR IOWA CONSTRUCTION TAX EXEMPTIONCERTIFICATE CONT ACTOR NAM : AcLj2jes I ADDRESS : � k C + o � y kjJZLr � 0 ( Check One ) PRIME SUBCONTRACTOR FEDERAL ID# : "f ` I L4 ® 2 (S PROJECT NAME : FYyc <SCC Rj, L ► I S elk PROJECT CONTRACT NO . : 0 DESCRIPTION OF WORK , ❑ Brickwork ❑ Landscaping ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall -Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing -Siding -Sheet Metal f4 Excavation/Grading ❑ Windows ❑ Flooring ❑ Wrecking = Demolition 5' Heavy Construction 0 Other ( Please specify) ❑ Heating -Ventilating -Air Cond INFORMATION FOR SALES TAX EXEMPTION 5 - 1 CONTRACT 983 5623 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ,- w 0% ) jj )ss County of a c k ) w ,5 y„l A i e ►' L , being first duly sworn , deposes and says that: 1 . He is (Owner, Partner, Officer, Representative , or A eq nt)_, of s C4 (NCA %V ; nom, the Bidder that has submitted the attached Bid ; 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 ' terest, including this affiant. (Signed ) L2UtJP16' K Title Subscribed and sworn to before me this / day of A &4 a 4. Wit' 120204 OWhxr Title My commission expires NON -COLLUSION AFFIDAVIT - CONTRACT NO . 983 7 - 1 PRIME 5623 NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss : County of ) being first duly sworn , deposes and says that : 1 . He is ( Owner, Partner Officer, Representative , or Agent) , of hereinafter referred to as the "Subcontractor; " 2 . He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in ( City or County and State ) 3 . Such subcontractor's proposal is genuine and is not a collusive or sham proposal ; 4 . Neither the subcontractor 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 proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract , or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal , or to fix any overhead , profit or cost element of the price of prices in said subcontractor's proposal , or to secure through 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 subcontractor's proposal 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 ) Title Subscribed and sworn to before me this day of 12020S Title My commission expires NON -COLLUSION AFFIDAVIT - SUBCONTRACTOR 7A - 1 CONTRACT 983 5623 UAL 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 VI 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 EQUAL OPPORTUNITY CLAUSE CONTRACT 983 8 - 1 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 , 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 ) (Title ) ( Date ) EQUAL OPPORTUNITY CLAUSE CONTRACT 983 8 - 2 TITLE A CIVIL RIGHTS During the performance of this contract , the contractor (for itself) , its assignees , and successors in interest ( hereinafter referred to as the " contractor" ) agrees as follows : 1 . Compliance with Regulations : The contractor shall comply with the Regulations relative to non -discrimination in Federally assisted programs of the DOT71tle 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 Ile 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 TITLE VI CIVIL RIGHTS CONTRACT 983 9 - 1 5623 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 983 9 - 2 5623 Bidder Status Form To be completed by all bidders Part A Please answer "Yes " or " No" for each of the following : JU Yes El 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) . Yes No My company has an office to transact business in Iowa . Yes No My company's office in Iowa is suitable for more than receiving mail , telephone calls , and e- mail . Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. Yes ❑ No 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 My company has maintained offices in Iowa during the past 3 years at the following addresses : Dates : /�_ / 2015 to I ( / / Z,a Z Address : 37 & 0 W Ric Inc N wt City, State , Zip : 004er Ob Dates : / / to / / Address : 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 I . Name of home state or foreign country reported to the Iowa Secretary of State : 2 . Does your company' s home state or foreign country offer preferences to resident bidders , resident labor ❑ Yes ❑ No 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 . You may attach additional sheet(s) if needed. To be completed by all bidders Part 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 : Ytd�IL Signature : ll, - Date : ll — � 9 m 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) 117- 1 Worksheeto Authorization to Transact Busin 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 My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes . �] Yes ❑ No 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 . rVI JLSJ Yes ❑ No 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 . ❑ Yes ® No 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 . ® Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled . ❑ Yes No 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 . Yes ❑ No 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 . ❑ Yes No 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 . Yes No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination . ❑ Yes ® No 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) 10-2 Revised February 2003 CONTRACTOR' S OR SU C NT CT AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program . ( � General Contractor ( ) Subcontractor I . Section A to be completed by GENERAL CONTRACTORS only. A. Name of Company rt. kJ KC Ch /o 4 rri Address of Company W ,' (w Zip 667o Telephone Number ( , � ) 2 lr, - q 11 Federal ID Number ( if no Federal ID Number, Owner/President' s Social Security Number) '� - I W `1 Name of Equal Employment Officers r� c� S � ii Name of Project EY 7-ca I rye �, EJ . L 4 S+n l o it Project Contract Number Estimated Construction Work Dates i ZpI ~ Zo / co - ( - Z 0 z Start Finish Section B to be completed by SUBCONTRACTORS only . B . Name of General or Prime Contractor Name of Subcontractor Subcontractor' s Address Zip Subcontractor' s Telephone Number ( ) Subcontractor' s Federal ID Number ( if no Federal ID Number Owner/President' s Social Security Number) Name of Equal Employment Officer AFFIRMATIVE ACTION CONTRACT 983 11 - 1 5623 C . Remainder of program to be completed by party completing program , either Prime or Subcontractor. 1 . The Owners and /or Principals of your company : Ethnic Name Address Position Sex Origin 1wr5}� n �; cti+c� 5 3-76, ; W � I ; `,, Wwy . � � ol,,= (riynir (V� Dr, vvol 2 . Other Areas of Interest : If your company has branches or subsidiaries , or if your company is a branch or subsidiary of a parent organization , give the following information . Type of Name Address Affiliation Degree II . EMPLOYER' S POLICY ( Please read carefully . ) A. We , the undersigned , recognize that we are morally and legally committed to nondiscrimination in employment . Any person who applies for employment with our company will not be discriminated against because of race , color; creed , sex , national origin , economic status , age , mental or physical handicap . Be The employment policies and practices of the undersigned are to recruit and hire employees without discrimination , and to treat them equally with respect to compensation and opportunities for advancement , including training , upgrading , promotion , and transfer. However, we realize the inequities associated with employment training , upgrading , contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible . The same will be required of our SUBCONTRACTORS and suppliers . C . We submit this program to assure compliance with Executive Order 11246 , as amended , and other subsequent orders that may pertain to AFFIRMATIVE ACTION CONTRACT 983 11 - 2 5623 equal employment opportunity and merit employment policies , fully realizing that our qualification and/or merit system should be evaluated and revised , if necessary . D . We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race , creed , color, sex , national origin , economic status , age , and mental or physical handicap . E . ►� Y)64 X acct VQ �„ will give training ( Name of Company) and employment opportunities to local residents of Waterloo , Iowa , to the greatest extent feasible . III . AFFIRMATIVE ACTION A. &e Vid i ExccAvc + f recognizes that the ( Name of Company) effective application of a policy of merit employment involves more than just a policy statement , and C-5 ( Name of Company) will , therefore , re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit , and to actively encourage minorities , women and local residents to seek employment with our company on this basis . B . At rwq �1 j!x c6 yr 4; VL will undertake the ( Name of Company) following six (6 ) steps to improve our Affirmative Action Program : 1 . Minority Recruitment and Employment ; 2 . Local Recruitment and Employment ; 3 . Disabled Veteran and Vietnam Era Veteran Recruitment and Employments 4 . Handicapped Recruitment and Employment ; 5 . Female Recruitment and Employment , and 6 . Training , Upgrading and Promotional Opportunities . Co �� � ,1c� V� � +^vac will take ( Name of Company ) whatever steps are necessary to ensure that our total work force has adequate minority , female , and local representation . We will utilize the following methods in our recruitment attempts : 1 . Local advertising media ( newspapers , radio , TV ) ; 2 . Community organizations (churches , clubs , schools ) , 3 . Public and private institutions in the area ( UNI , Hawkeye Community College ) ; AFFIRMATIVE ACTION CONTRACT 983 11 m3 5623 4 . Job Service of Iowa ; and 5 . Other . ® o r�r► d s t xc6 ve e err will seekuaq lified minority , ( Name of Company ) female , and local group applicants for all job categories and will make asserted efforts to increase minority , female and group representation in occupations at the higher levels or skill and responsibility . E . All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program . F . Training , upgrading , promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority , female , and local group employees . G . 6awd jc q will encourage other ( Name of Company ) companies with whom we are associated and/or do business , to do the same and we will assist them in their efforts . H . Arekd ohas taken the following ( Name of Company) Affirmative Action to ensure that minority, female , local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project : ( if none , write , NONE " ) 1 . /JD Nor 2 . I . As a result of the above efforts , we have involved minority , female , and local contractors and/or suppliers in the following areas of subcontracting : ( if none , write " NONE " ) 1 . NON CC 2 . J . end ��' 4 0 will require approved ( Name of Company ) J Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate AFFIRMATIVE ACTION CONTRACT 983 11 - 4 5623 representation of minority, female and local persons in their total work force . K . In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended , we establish the goals for our company , based on parity percentages supplied by the City , and we realize these goals will be reviewed on an annual basis . L . Arorx 4 cxce�, vra4) will keep records of ( Name of Company) specific actions relative to recruitment , employment , training , upgrading and promotion and will provide the City of Waterloo with any information relative to same , including activities of our SUBCONTRACTORS and suppliers as necessary or when requested . M . Parity figures for companies located in Waterloo are as follows . Minority Parity = . 08 (8 % ) N . htr� s L 0 6yA f 7 �� � Affirmative Action ( Name of Company) Employment Goals : The definition of Affirmative Action Goals is as follows : " Goals may not be rigid and inflexible quotas which must be met , but must be targets , reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work. " For the year 2020 , please submit percentage targets for employing minorities and women . If you already have reached your target for hiring minorities and women , please submit that percentage . * Goals for Minorities : Zp Goals for Women : d % *Your affirmative action goals should be between 1 % and 10 % or more for minorities and 1 % and 5 % or more for women . Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 2019 . Note , that none of the goals are rigid or inflexible . They are targets that your company calculates as reasonably attainable . This will help the City in its monitoring procedures as required by City of Waterloo Resolution No . 1984- 142 (4 ) . CONTRACTOR' S TOTAL WORK FORCE AFFIRMATIVE ACTION CONTRACT 983 11 - 5 5623 (WATERLOO) HOURLY NAME AND ADDRESS .JOB CATEGORY RACE SEX WAGE INDICATE : DISABLED VETERAN : DV VIETNAM ERA VETERAN : VV HANDICAPPED : H AFFIRMATIVE ACTION CONTRACT 983 11 - 6 5623 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply . Respectfully submitted , By : /Diz Company Executive Date By Equal Employment Opportunity Officer Z � - Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason : By : Date : AFFIRMATIVE ACTION CONTRACT 983 11 - 7 5623 DESCRIPTION OF JOB CATEGORIES 1 . Officials/Manage r : Occupations in which employees set broad policies , exercise overall responsibility for execution of all policies , or direct individual departments or special phases of the agency' s operations or provide specialized consultation on a regional , district or area basis . Includes : department heads , bureau chiefs , division chiefs , directors , deputy directors , controllers , examiners , wardens , superintendents , unit supervisors , sheriffs , police and fire chiefs and inspectors and kindred workers . 2 . Professionals : Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge . Includes : personnel and labor relations workers , social workers , doctors , psychologists , registered nurses , economists , dietitians , lawyers , system analysts , accountants , engineers , employment and vocational rehabilitation counselors , teachers or instructors , police and fire captains and lieutenants and kindred workers . 3 . Technicians : Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the- job training . Includes : computer programmers and operations , draftsmen , surveyors , licensed practical nurses , photographs , radio operators , technical Illustrators , police and fire sergeants and kindred workers . 4 . Office/Clerical : Workers are responsible for internal and external communication , recording and retrieval of data and/or information and other paper work required in an office . Includes : bookkeepers , messengers , office machine operators , clerk-typists , stenographers , court transcribers , hearing reporters , statistical clerks , dispatchers , license distributors , payroll clerks and kindred workers . 5 . Skilled Craft Workers : Workers perform jobs which require special manual MONSOON skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on -the job training programs . Includes : Mechanics and repairman , electricians , heavy equipment operators , stationary engineers , skilled machine occupations , carpenters , compositors and typesetters and kindred workers . 6 . Sales Workers : Occupations engaging wholly and primarily in direct selling . Includes : advertising agents and salesman , insurance agents and brokers , real estate agents and brokers , stock and bond salesmen , demonstrators , salesmen and sales clerks , grocery clerks and cashier checkers , and kindred workers . AFFIRMATIVE ACTION CONTRACT 983 11 - 8 5623 7 . Operatives (semi ®skilled ) : Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training . Includes : apprentices (auto mechanics ) , plumbers , building trades , metal working trades , bricklayers , carpenters , electricians , machinists , mechanics , printing trades , etc . , operatives , attendants ( auto service and parking ) , plasterers , chauffeurs , deliverymen and furnacemen , heaters ( metal ) , laundry and dry cleaning operatives , milliners , mine operatives and laborers , motormen , oilers and greasers , (except auto painters ) , (except construction and maintenance ) , photographic process workers , stationary fireman , truck and tractor drivers , weavers , (textile ) , welders and flame cutters and kindred workers . 8 . Laborers ( unskilled ) : Workers in manual occupations which generally require no special training . Perform elementary duties that may be learned in few days and require the application of little or no independent judgment . Includes : garage laborers , car washers and greasers , gardeners (except farm ) and groundskeepers , longshoremen , and stevedores , lumbermen , raftsmen and woodchoppers , laborers performing lifing , digging , mixing , loading and pulling operations and kindred workers . 9 . Apprentices : Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship , regardless of whether the program is registered with a Federal or State agency. 10 . Trainees (on -the -yob ) : Production . . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations . White Collar. . . persons engaged in formal training for clerical , managerial , professional , technical , sales , office and clerical occupations . AFFIRMATIVE ACTION CONTRACT 983 11 - 9 5623 ITEMS F POTENTIAL M TICIPATI N NOTICE TO PROSPECTIVE BIDDERS : The following are items from the FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 , Contract 983 that have a potential for MBE/WBE Participation . This listing , however , is not intended to be all encompassing ; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID DESCRIPTION ITEM UNIT- EST. QTY. 7 .01 CURB AND GUTTER REMOVAL LF 91 8 . 01 TEMPORARY TRAFFIC CONTROL LS 1 9 .01 HYDRAULIC SEEDING, FERTILIZING, AND MULCHING AC 0. 54 9 . 04 SILT FENCE, INSTALLATION LF 575 9 .05 SILT FENCE, MAINTENACE LF 575 9 .06 SILT FENCE, REMOVAL LF 575 9 . 07 INLET PROTECTION DEVICE, INSTALLATION EA 2 9 . 08 INLET PROTECTION DEVICE, MAINTENANCE EA 2 9 . 09 IINLET PROTECTION DEVICE, REMOVAL EA 2 MBEM/BE GOALS FOR THIS PROJECT IMPORTANT : Prime Contract Bidders should be aware that ten percent ( 10 % ) MBE goal and a two percent (2 % ) WBE goal is attached to this project. " Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors , but the Pre- Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer. Contract Compliance Officer Community Development Board Carnegie Annex , Suite 202 620 Mulberry Street Waterloo , IA 50703 Phone : (319 ) 2914429 ITEMS OF POTENTIAL MBE CONTRACT 983 12 - 1 5623 SUBCONTRACTOR' S I REQUEST FORM PRIME BIDDER ' SLETTERHEAD Contract No . : Letting Date : I , (subcontractor' s name ) , hereby attest that I have been solicited for a bid on ( project name ) in the area of (description of work and bid item no . ) . ( Prime contractor) has informed me that if 1 am interested in bidding , a subcontracting bid proposal must be submitted to the company office by (date ) and (time ). Subcontractor' s Company Name Date Subcontractor' s Signature Date Prime Bidder' s Signature FORM CC &2 (07/02/2019 ) CONTRACT 983 12A - l 5623 LETTER TO BE USED WHEN SOLICITING SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE : Contract No . : Dear ( Prime Contractor's Company Name ) is presently soliciting for the following work in connection with the above referenced project . ( Insert bid Item Nos . and Description of Work) ( Prime Contractor' s Company Name ) is an Equal Opportunity Employer , and all qualified bidders will not be discriminated against due to race , religion , color , sex , or origin . 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The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding . Letter should include the following . Name of Project : Your Company Name : Address : Phone : Date : List of Specific items to be bid . Item No . Description . Item No . Description . Item No . Description . Item No . Description : Item No . Description . ( Subcontractor's Company Name and authorized signature ) Return this LETTER OF INTENT TO BID to . Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex , Suite 202 Waterloo , IA 50703 Phone : ( 319 ) 2914429 Form CCO-5 (06-20-2002 ) CONTRACT 983 12E - 1 5623 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone : (319) 232-9808 Pager: (319) 2354021 Contact : Derrick Carter Specializing in : ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone : (319) 235 -0885 Fax : (319) 2364177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo , IA 50703 Phone : (319) 9614 659 Contact: Sammy Daniels Specializing in : ALL TYPES OF CONCRETE FLA TWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D . C . CORPORATION 426 Beech Street Waterloo , IA 50703 Phone : (319) 493 -2542 FAX: (319) 236- 0515 Contact: Terry Phillips Certified : City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION MBE AND WBE CONTRACTORS CONTRACT 983 13 = 1 5623 G E ' S WORKS 2003 Plainview Street Waterloo , IA 50703 Phone : (319) 2334701 Contact : Willie Greer Specializing in . DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD G ER' S WORKS 2309 Springview Street Waterloo , IA 50707 Phone : (319) 233 -2150 Contact: David L . Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo , IA 50703 Phone : (319) 2154166 Contact : Leroy Harrington Specializing in. ALL TYPES OF CONCRETE FLA TWORK AND GENERAL CONSTR UCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo , IA 50703 Phone : (319) 961 =4208 Contact: Darrell E . Caldwell, Sr. Specializing in. ROOFING AND GENERAL CONSTRUCTION E . CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone : (319) 215 -5683 Contact: Emillio Castro Specializing in : ROOFING, SIDING, GENERAL CONSTRUCTION MBE AND WBE CONTRACTORS CONTRACT 983 13 - 2 5623 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC . * 911 Sycamore Street P . O . BOX 65 Waterloo , IA 50704 Phone : (319) 232-9164 Specializing in : COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE * 4003 University Waterloo, IA 50701 Phone : (319) 233 -6131 Fax : (319) 233 - 6133 Certified : City of Waterloo WBE Email : JRl 1486ncfu . net Contact: Carol Reese Specializing in : FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE MBE AND WBE CONTRACTORS CONTRACT 983 13 - 3 5623 STATEMENT OF BIDDER ' SQUALIFICATIONS ( To be submitted by the Bidder only upon the specific request of the City of Waterloo , Iowa . ) All questions must be answered and the date given must be clear and comprehensive . This statement must be notarized . If necessary , questions may be answered on separate attached sheets . The Bidder may submit any additional information he desires . 1 . Name of bidder. 2 . Permanent main office address . 3 . When organized . 4 . If a corporation , when incorporated . 5 . How many years have you been engaged in the contracting business under your present firm or trade name ? 6 . Contracts on hand : ( Schedule these , showing amount of each contract and the appropriate anticipated dates of completion . ) 7 . General character of work performed by your company . 8 . Have you ever failed to complete any work awarded to you ? If so , where and why? 9 . Have you ever defaulted on a contract? If so , where and why? 10 . List the more important projects recently completed by your company , stating the approximate cost for each , and the month and year completed . 11 . List your major equipment available for this contract. 12 . Experience in construction work similar in importance to this project . 13 . Background and experience of the principal members of your organization , including the officers . 14 . Credit available : $ 15 . Give bank reference : STATEMENT OF BIDDER'S QUALIFICATIONS CONTRACT 983 14 - 1 5623 16 . Will you , upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo , Iowa ? 17 . The undersigned hereby authorizes and requests any person , firm , or corporation to furnish any information requested by the City of Waterloo , Iowa , in verification of the recitals comprising this Statement of Bidder' s Qualifications . Dated at , this day of 2020 . ( Name of Bidder) By : Title : State of ) ss : County of ) being duly sworn deposes and says that he is of ( Name of Organization ) and that the answers to the foregoing questions and all statements therein contained are true and correct . Subscribed and sworn to before me this day of , 2020 . Notary Public My commission expires , STATEMENT OF BIDDER'S QUALIFICATIONS CONTRACT 983 14 - 2 5623 GENERAL SPECIAL VI I 1 . SCOPE OF WORK The work covered by this contract consists of furnishing all labor , equipment , and materials and performing all operations , in connection with the FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 , Contract 983 , as shown on the contract drawings and in accordance with these specifications . The contract drawings , which accompany and form a part of this contract and specifications They have the general title of FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 , Contract 983 . The drawings are numbered and separately entitled as follows . SHEET NO . PLAN SHEET DESCRIPTION A . 01 TITLE SHEET A. 02 SYMBOLS, LEGEND, AND GENERAL INFORMATION 6 . 01 QUANTITIES AND REFERENCE INFORMATION B . 02 SWPPP B . 03 SWPPP DETAILS C . 01 OVERALL LAYOUT PLAN C . 02 GRADING PLAN C . 03 SANITARY PLAN AND PROFILE D . 01 — D . 02 TYPICAL DETAILS E . 01 ELECTRICAL LAYOUT E . 02 ELECTRICAL LIFT STATION PLAN VIEW E . 03 BUILDING ELEVATIONS E . 04 ELECTRICAL SCHEDULE E . 05— E . 06 ELECTRICAL DETAILS S . 01 ELECTRICAL LIFT STATION PROFILE The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents . 2 . CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void . 3 . DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble , rubbish , trees , brush , and other unsuitable backfill material , as designated by GENERAL SPECIAL PROVISIONS CONTRACT NO . 983 15 on 1 5623 the City Engineer, shall be hauled to the County Landfill . All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. o CONSTRUCTION DAMA The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction . Damage caused by negligence or poor workmanship , as determined by the Engineer, shall be considered the Contractor's responsibility . REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials . Materials designated in the field by the Engineer as non-salvageable shall be hauled and disposed of by the Contractor at no cost to the City . All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items . 6 . OVERHAUL Overhaul will not be paid for " surplus material " obtained from any of the items of construction under this contract . The cost of overhaul will be considered as incidental to the items to which it applies . 7 . MAILBOXES/STOP SIGNS The Contractor shall notify the United States Postal Department of mailboxes , which interfere with any part of the work before removing them , and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment , but will be considered incidental to the item to which it applies . The removal and replacement of stop signs will not be considered for direct payment , but will be considered incidental to the item to which it applies . 8 . PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials , delivery of these materials , and furnishing all labor, plant and miscellaneous work needed to make the item complete . All such cost shall be incidental to the proposed . item to which it applies and shall not be considered for separate payment. 9 . BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall , immediately upon execution and delivery of the contract , before the first estimate for payment is made , deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices . The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item . GENERAL SPECIAL PROVISIONS CONTRACT NO . 983 15 - 2 5623 10e PERMISSION TO HAUL OVER STREETS , RAILROADS AND HIGHWAYS The Contractor will be required to secure , from the proper authorities , permission or permit which may be required to haul over streets , highways , railroads or private property , and any hauling operations of the Contractor shall be subject to the requirements of such permits , permission , and to all applicable regulations , laws , and ordinances governing hauling and movement of equipment over streets , railroads , highways and private property . Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal . 11 . CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting . All revisions shall also be approved . The City Engineer may change the schedule to accommodate changing construction conditions . The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently . The Contractor shall be responsible to notify the Police , Fire , Street and Engineering Departments of the closing and opening of streets . The Contractor shall commence work within ten ( 10 ) days after receipt of the " Notice to Proceed " and diligently execute the work of the contract to completion . 12 . PRE =CONSTRUCTION CONFERENCE Before any work is started , the Contractor shall arrange with the City Engineer to hold a pre-construction conference to discuss problems and schedules of contracts . 13 . UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines , water lines , electric , telephone , and cable television cables or wires from the various utility companies and the City electrician before starting any excavation . The Contractor shall be responsible for any damage to any underground utilities . The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction . This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located , the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company . 14. TRAFFIC SIGNS AND STREET SIGNS GENERAL SPECIAL PROVISIONS CONTRACT NO . 983 15 - 3 5623 The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed . 1 . TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall , at his own expense and without further or other order, provide , erect and maintain , at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades , signs or other adequate protection , as required by the latest edition of Part VI of the " Manual on Uniform Traffic Control Devices" and shall provide , keep and maintain such barricades , signs , etc . , as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work . All barricading plans shall be reviewed by the Engineer. The Contractor shall determine , provide and obtain approval from the City Engineer on all detour locations for all street closings , barricades and posting prior to construction . These shall meet requirements of the City Police Traffic Department . The Contractor shall notify the City Engineer's Office and the Police , Fire and Street Departments when the street is closed for construction . All barricading shall be in accordance with the latest edition of Part VI of the " Manual on Uniform Traffic Control Devices . " Encapsulated lens sheeting is not required on this project. 16 . GRADES , LINES , LEVELS AND SURVEYS All necessary grades , lines , levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades , lines , levels and dimensions as sown on the drawings , and shall report any errors or inconsistencies in the same to the City Engineer before commencing work . 17 . SAFETY OF WORKERS AND PUBLIC The Contractor shall , at all times , take necessary precautions to protect the life and health of all persons employed on this project and the public . He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices . All such protections shall also be furnished to employees without cost . No direct measurement of payment shall be made for this protection , but shall be considered incidental to other items of work . The public shall be kept outside of any work area . 18 . CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT Section IX " Construction Equipment" of the "Specifications for Concrete Paving , Widening , and Curb and Gutter" of the Standard Specifications for Municipal Public Works Construction , City of Waterloo , Iowa , shall be amended as follows . GENERAL SPECIAL PROVISIONS CONTRACT NO . 983 15 - 4 5623 Iowa Department of Transportation standard specification Section 2301 . 07 Construction Equipment For Portland Cement Concrete Pavement shall apply with the following exception to Section 2301 . 07 . A . 7 . b Finishing Machine : The first sentence shall read as "A finishing machine will be required on all uniform width slabs ten ( 10 ) feet or more in width upon which a continuous line of forms more than one hundred fifty ( 150 ) feet in length may be set , except for intersections or otherwise approved by the Engineer. " 19 . WORKING ON SATURDAYS , SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48 ) hours in advance if work on Saturday is planned . By noon the Friday before the planned Saturday work , the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications . The Contractor shall not work the following days in 2020 due to City holidays : November 26-27 (Thanksgiving ) , and December 24-25 (Christmas ) . The Contractor shall not work the following days in 2021 due to City holidays : January 1 , January 18 , May 31 , July 5 , September 6 , November 11 , November 25-26 (Thanksgiving ) , and December 24-25 ( Christmas ) . GENERAL SPECIAL PROVISIONS CONTRACT NO . 983 15 - 5 5623 SPECIAL PROVISIONS PAYMENT, LI UID T D DAMAGES AND PENALTIES 1 . TRAFFIC CONTROL The Engineer, or authorized representative , shall periodically review traffic control that has been put in place by the Contractor. If traffic control devices are found to be without proper maintenance , penalties shall be assessed . Improper maintenance shall include , but not be limited to , the following situations . A. Less than 100 percent of lights in working order. Be Any barricade or sign moved or tipped over . co Fencing not supported in a vertical position . D . Fencing not placed around excavations when workers/equipment aren 't working . E . Lack of proper barricades or signage . Each incident is treated as a separate citation on an individual basis . It is not intended that minor deficiencies be price adjusted if corrected the day notification is given . In addition to a price adjustment , the Engineer may suspend work for irresponsible and/or repeated failure to construct the project using proper traffic control procedures . Penalties : 1 st Offense Written warning given by City . 2nd Offense $ 100 3rd Offense $ 250 4th Offense $ 500 5th Offense $ 1 , 000 6th Offense Engineer's discretion (amount or more equal or _ greater than $ 1 , 000 ) 2 . LIQUIDATED DAMAGES Time is an essential element of this contract . It is important that the work be diligently pursued to completion . If the work is not completed within the specified contract period , plus authorized extensions , the Contractor shall pay to the City Liquidated Damages in the amount of $ 500 . 00 per day , for each day , as further described herein , in excess of the authorized time . Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the Contractor does , or could have worked from Monday through Saturday. Sundays will be counted only if work is performed . SPECIAL PROVISIONS CONTRACT 983 16- 1 Partial working days will be considered as a full working day . Days not chargeable for Liquidated Damages will include rain days , Sundays , if no work is done , and legal holidays . Working days will cease to be charged when only punch list items remain to be completed . Punch list items do not include contract bid items or approved change/extra work orders . When the Contractor believes the project to be substantially completed , a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List . If the work under the Contract extends beyond the normal construction season for such work , the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season . This amount is not construed as a penalty . These damages are for the cost to the City of providing the required additional inspection , engineering and contract administration . MISCELLANEOUS 3 . HAUL ROUTES Haul routes to and from the project site will be submitted for review by the Engineer. In general , the Contractor will request haul routes over the main streets in the area , staying on streets within the project as much as possible and should not include truck-embargoed streets . 4 . MATERIAL STORAGE The construction area must be kept clear of all materials and equipment except those that are in use at any given time . Excess materials and equipment must be _ stored in an area approved by the Engineer, prior to being placed there . 5. PERCENT OF CONTRACT TO BE PERFORMED BY PRIME CONTRACTOR The Prime Contractor shall be required to perform at least 30 percent of the total contract amount of this project . Purchasing of materials for subcontractors will not be an acceptable method for the prime contractor to meet the 30 percent requirement . SPECIAL PROVISIONS CONTRACT 983 1 & 2 SUPPLEMENTAL SPECIFICATIONS TO THE SUDAS SPECIFICATIONS DIVISION 1 — GENERAL PROVISIONS AND COVENANTS 1010 — 1090 In lieu of SODAS Division 1 , GENERAL SPECIFICATIONS FOR CONSTRUCTION , CITY OF WATERLOO , IOWA , DEPARTMENT OF ENGINEERING shall apply, which are included in the contract documents for this project . DIVISION 2 — EARTHWORK 2010 , 1 . 08 , D , 1 Topsoil shall be stripped to a depth of 12" . 2010 , 1 w08 E Excavation shall be Class 10 and a shrinkage factor of 1 . 3 was used in tabulating the earthwork values . 2010 , 3 . 071 A , 2 Areas requiring subgrade treatment shall be determined by the Engineer. 2010 , 3 . 08 , B Subbase shall be a granular material at a depth of 6' under the street paving . 2010 , 3 . 09 , A Compaction testing shall be provided by the Engineer on all utility trenches . DIVISION 3 — TRENCH AND TRENCHLESS CONSTRUCTION 30101 1 a08 F Engineer shall provide trench compaction testing . SECTION 4010-SANITARY SEWERS 40101 1 o08 A Testing and inspection will be performed by City of Waterloo , Iowa , personnel . 4010 , 1 . 08 , A, 1 , c The following are included in the pipe unit price or applicable items : • Removal and disposal of existing pipe when 4 (four) feet or less horizontally from the existing pipe • Collars at any existing to new pipe connections ( main or services ) or at manholes . • Bypass pumping and traffic control related to bypass pumping • Installation of temporary storm sewer to reestablish storm sewer that has been removed/impacted by sanitary sewer construction • Record the location , depth and type of material for each water service crossed • Cleaning the sanitary sewer main prior to City televising , as needed 4010 , 1 x08 E Sanitary sewer service connections to existing live services shall be connected to existing at a minimum of 5 (five ) feet back of curb line . New stubs shall be extended to minimum of 5 (five ) feet back of curb line and capped water tight . The end of the service stub shall be marked with a 5 (five ) foot long standard metal T post. SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 983 17 - 1 5623 4010 , 2 . 01 , A , 1 C . Corrugated Polyvinyl Chloride Pipe ( PVC ) shall be used for diameters 18" and larger . E . Polyvinyl Chloride Composite Pipe (truss type PVC ) shall be used for diameters 8"- 15" . 4010 , 2 . 049 A PVC Main 1 . a and 1 . c apply . No Inserta Tees®, or equal , may be used . 4010 , 2 . 04 , B PVC Composite Main 1 a . applies . 4010 , 3 . 021 B ADD THE FOLLOWING ITEMS 8 . Where the new service line meets the existing , the Contractor shall install a FERNCO (or equal ) coupling and construct a concrete collar. Backfill of the coupling and collar shall not occur until the concrete collar has hardened sufficiently to prevent deformation of the concrete . 9 . When connecting to existing truss pipe , a truss to truss double bell fitting shall be used . 10 . Provisions shall be made for maintaining sewerage flow in all it sections of the system 11 . The contractor shall take appropriate measures to prohibit ground water, rain water, etc . from entering the pipe . If this does occur and the pipe becomes dirty, the contractor shall be required to clean the pipe at his expense prior to the City televising the line . 12 . If the City needs to clean the line prior to televising , the contractor will be billed for the same , with payment for pipe withheld until the City is paid . 13 . The contractor shall install temporary storm sewer to reestablish the storm sewer that is removed/impacted by the sanitary sewer construction , which is incidental to applicable items . 14 . The Contractor constructing the main shall be responsible for locating and marking the locations of existing service lines . Dye testing or tracing may be required to determine service line locations or the existence of shared service lines . Dye testing and tracing , if required , will be paid on a per each basis . 15 . The permanent connection of the sanitary sewer service lines shall be constructed with the sanitary main construction so that the service connections (tap and tee or wye construction ) and a minimum of five (5 ) feet of the service line are constructed as the sanitary main is constructed . The Contractor may reconstruct the entire required length of the service line at the time of main construction . If any existing water services are damaged or broken while performing work under this item , renewal shall be at Contractor's expense . SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 983 17 - 2 5623 16 . Services to all properties adjacent to and/or served by the sanitary sewer reconstruction , must be verified by the Contractor(s ) . Upon completion of the sanitary sewer reconstruction , the Contractor shall contact the City Waste Management Department (2914553 ) to request televising of the sewer. Any service connections missed shall be reconnected by the contractor with the City paying for only those items originally needed for the installation . 4010 , 3 . 021 B Trenched sanitary sewer shall use a laser system for line and grade with hubs a minimum of 50 (fifty) feet to check line and grade . 4010 , 3 . 061 A Premade Tees and Wyes are required on 8 inch diameter through 15 inch diameter sanitary mains . Connect to existing sanitary services a minimum of 5 (five ) feet from the back of curb or as directed in the field by the Engineer depending on the depth of the service . New stubs are to be extended to a minimum of 5 (five ) feet from the back of curb or as directed in the field by the Engineer depending on the depth of the service , to a location to prevent undermining of the paving when service is extended in the future . DIVISION 4 — SEWERS AND DRAINS SECTION 4060 =CLEANING , INSPECTION AND TESTING OF SEWERS 4060 Cleaning is required by the contractor and is incidental to applicable items . Testing and Inspection will be done by the City of Waterloo , Iowa , Engineering Department. DIVISION 5 - WATER MAINS AND APPURTENANCES 5010 , 2 . 071 B Water services shall be Class 52 ductile iron pipe . 5010 , 3 . 01 , A , 3 All water main shall be installed at a minimum of 6 . 0 feet bury depth as shown on the plan sheets . DIVISION 6 — STRUCTURES FOR SANITARY AND STORM SEWERS SECTION 6010 - STRUCTURES FOR SANITARY AND STORM SEWERS 6010 , 1208 , D Casting Extension Rings will be considered incidental to manhole and intake construction . 60101 1 . 08 , E Manhole or Intake Adjustment , Minor will be considered incidental to manhole and intake construction . 60101 1 z08 G When connecting to an existing manhole , core or cut into the existing manhole or intake , pipe connectors , grout, and waterstop (when required ) . SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 983 17 - 3 5623 60107 2 . 051 By 21 b 6010 , 2 . 05 , i3 , 1 a is acceptable ; Engineering Fabric Wrap shall not be used . DIVISON 11 ® MISCELLANEOUS SECTION 11 , 030 ® TEMPORARY SERVICES DURING CONSTRUCTION 11 , 020 1 m08 A The movement of personnel , equipment , and supplies to the project site ; the establishment of offices , buildings , and other facilities necessary for the project ; and bonding , permits , and other expenses incurred prior to construction . SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT 983 17 = 4 5623 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO , IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1 . CITY. The City of Waterloo , Iowa , which is the Party of the First Part of the accompanying contract , acting through its authorized representative . 2 . COUNCIL . The duly elected Council of the City of Waterloo , Iowa . 3 . ENGINEER , The City Engineer of Waterloo , Iowa , or his authorized representative . 4 . INSPECTOR . The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications . 5 . CONTRACTOR . The Party of the Second Part in the accompanying contract for the improvement covered by these specifications , or his authorized representative . 6 . SUBCONTRACTOR . Any person , firm , or corporation who has , with the approval of the Council , contracted with the Contractor to execute and perform in his stead all or any part of the contract . 7 . BIDDER . Any individual , firm , or corporation submitting a proposal for all or a part of the work provided for in these specifications . 8 . PROPOSAL GUARANTEE . The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him . 9 . SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 1 10 . PROPOSAL . The written Proposal , submitted by the bidder in the prescribed manner and on the standard form , for the improvements covered by these specifications . 11 . SPECIFICATIONS . The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council , official copies of which are now on file with the City Clerk . 12 . SPECIAL PROVISIONS . Clauses or memoranda not contained herein , applying to the contract of which these specifications are a part, which change or supplement these specifications . 13 . CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed . The contract includes all conditions , definitions , and instructions set forth in the official publications relating to the work , the official contract and specifications , the Proposal , official plans , and all supplemental agreements entered into by the parties to the contract. 14 . NOTICE TO BIDDERS . The notice called attention of bidders to the time and place for receiving bids , containing a brief description of the work , and briefly setting forth the requirements and conditions for submission of Proposals . 15 . INSTRUCTIONS TO BIDDERS . The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals . 16 . PLANS . The plans for the improvement covered by the specifications and approved by the Council , official copies of which are on file with the City Clerk, 17 . CONTRACT BOND . The bond executed by the Contractor and his surety in favor of the City of Waterloo , Iowa , guaranteeing the complete execution of the contract in accordance with the plans and specifications , the payment of all debts pertaining to the work , and maintenance of the work as provided by law or by the specifications . 18 . CONTRACT PERIOD . The period from the specified date for beginning the work to the specified date of completion , both dates inclusive . The contract period may be extended by the Council , as provided in these specifications , in which event the contract period includes the new date of completion . 19 . OFFICIAL PUBLICATIONS . The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 2 been published in accordance with the statutes relating thereto . Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations . 20 . A. S .T. M . Abbreviation for American Society for Testing Materials . 21 . WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both , equipment , transportation , or other facilities necessary to complete the contract . 22 . TIME . All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1 . CORRELATION AND INTENT OF DOCUMENTS . The Contract documents are complementary , and what is called for by any one ' shall be as binding as if called for by all . The intention of the documents is to include all labor, materials , equipment , and transportation necessary for the proper execution of the work . Materials or work described in words which , so applied , have a well -known technical or trade meaning shall be held to refer to such recognized standard . 2 . DRAWINGS AND SPECIFICATIONS . Unless otherwise provided in the contract documents , the engineer shall furnish to the Contractor, free of charge , all copies of drawings and specifications reasonably necessary for the execution of the work . The Contractor shall keep one ( 1 ) copy of all drawings and specifications on the work available to the Engineer and to his representatives . 3 . CONTRACTOR' S UNDERSTANDING . It is understood and agreed that the Contractor has , by careful examination , satisfied himself as to the nature , character and location of the work , the conformance to the ground , the character , quality , and quantity of the materials to be encountered , the character of the equipment and facilities needed preliminary to and during the prosecution of the work , the general and local conditions , and all other matters which can , in any way , affect the work under this contract. No verbal agreement or conversation with any officer, agent , or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained . 4 . REPORTING ERRORS AND DISCREPANCIES . If the Contractor, in the course of the work , finds any discrepancies between the plans and the physical conditions of the locality , or any errors of omission in plans or in the layout as given by said stakes and instructions , it shall be his duty to inform the Engineer immediately , in writing , and the Engineer shall promptly correct the same . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 3 5 . ALTERATION OR CORRECTION N . The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements . Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys , will be made by the Engineer . Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based , or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor , the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed . 6 . CHANGES IN THE WORK . The City , without invalidating the contract , may order extra work or make changes by altering , adding to , or deducting from the work , the contract sum being adjusted by agreement or arbitration before such changed work is undertaken . All such work shall be executed under the conditions of the original contract , except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change . 7 . INCREASED OR DECREASED QUANTITIES . The right is reserved without impairing the contract , to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract . However, when the work is completed without change in the plans , and the measured quantity of any item of work varies by more than twenty percent (20 % ) from the estimated quantity specified in the contract , an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor , subject to the approval of the City Council Either party to the contract may request such an adjustment . 8 . LANDS AND RIGHT OF WAY, The City shall provide the lands upon which the work under this contract is to be done , except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material , together with the right of access to same . 9 . CITY WATER , The Contractor shall be allowed to use City Water but before any water is used , he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method . Water usage will be charged at the rate for temporary water service . The rules , regulations , and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319- 232-6280 . 10 . RIGHTS OF VARIOUS INTERESTS . Whenever work being done by the City' s forces or by other Contractors is contiguous to work covered by this GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 4 contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11 . CLOSING STREETS TO TRAFFIC . The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct . 12 . OBSTRUCTION OF STREETS . The work is to be carried on in such manner as to obstruct the streets , highways , and alleys as little as possible . The Contractor shall carry on the different parts of the work so as to complete the whole , as nearly as practicable , at the same time . In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done . 13 . SHANTIES AND BUILDINGS . Shanties or other buildings shall not be erected in or upon any street , highway , or alley without permission of the Engineer. If such permission be granted , it may be upon any reasonable terms prescribed by the person or body granting such permission . 14 . SANITARY CONVENIENCES . The Contractor shall furnish the necessary sanitary conveniences , properly secluded , for the laborers on the work , and these shall be maintained in a manner that will be inoffensive to the public . 15 . CLEANING UP . The Contractor shall , as directed by the Engineer, remove from the City's property and from all public and private property , at his own expense , all temporary structures , rubbish , and waste materials resulting from his operations before work can be considered completed . The Contractor shall also renew or replace any and all fences , sidewalks , or other property damaged or disturbed by his work . 16 . OMISSION OF PARTS OF GENERAL SPECIFICATIONS . Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents . SECTION C - CONTROL OF MATERIALS AND WORK 1 . SUPERVISION AND INSPECTION , The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished , work performed , manner of performance , rate of progress on the work , and all questions regarding the acceptable fulfillment of the terms of the Contract . Materials and construction work shall , at all times , be subject to the inspection of the Engineer or his representatives . The Contractor shall be held strictly to the GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 = 5 true intent of these specifications as regards the quality of materials , workmanship , and the diligent prosecution of the work . The Engineer and his representatives shall , at all times , have access to the work wherever it is in preparation of progress , and the Contractor shall provide proper facilities for such access and for inspection . If the specifications , the Engineer' s instructions , law ordinances , or any public authority require any work and/or materials to be especially tested or approved , the Contractor shall give the Engineer timely notice of readiness for inspection . If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection . Inspections by the Engineer will be promptly made and , where practicable , at the source of supply . If any work should be covered up without the approval or consent of the Engineer , it must , if required by the Engineer, be uncovered for examination at the Contractor' s expense . Re-examination of questioned work may be ordered by the Engineer, and , if so ordered , the work must be uncovered by the Contractor. If such work be found in accordance with the Contract , the City shall pay the cost of re- examination and replacement. If such work be found not in accordance with the Contract , the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and , in that event , the City shall pay the cost . 2 . AUTHORITIES AND DUTIES OF INSPECTORS . Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed % also , to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract , and to direct the attention of the Contractor to such failure or infringement , but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work , the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke , alter, enlarge , relax , or release any requirements of these specifications . The Inspector shall , in no case , act as foreman or perform other duties for the Contractor , or interfere with the management of the work by the latter. 3 . STATUS OF THE ENGINEER , The Engineer shall have general supervision and direction of the work . He has authority to stop the work GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 6 whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications , to direct the application of forces to any portion of the work as , in his judgment , is required , and to order the force increased or diminished , and to decide questions which arise in the execution of the work. 4 . ENGINEER' S DECISIONS . The Engineer shall , within a reasonable time , make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents . All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved , which , if no agreement in regard thereto is reached , shall be subject to arbitration . 5 . STAKES AND INSTRUCTIONS . The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements . The Contractor shall not furnish stakes or men to set them . He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work . The Contractor shall carefully preserve bench marks , reference points , and stakes , and in case of willful or careless destruction , he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused , by their loss or disturbance . 6 . SUPERINTENDENCE . The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants , all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ . The Superintendent shall represent the Contractor in his absence , and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case . The Contractor shall give efficient supervision to the work using his best skill and attention . He shall carefully study and compare all drawings , specifications , and other instructions , and shall report at once to the Engineer any error, inconsistency , or omission which he may discover. 7 . REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being given , work done beyond lines shown on the plans or as given , except as herein provided , or any extra or additional work done without authority , will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 7 8 . REMOVAL F DEFECTIVE MATERIALS OR WORK . The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract ; whether incorporated in the work or not , and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City , and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time , fixed by written notice , the City may remove them and may store the material at the expense of the Contractor . If the Contractor does not pay the expense of such removal within a reasonable time thereafter , the City may , upon ten ( 10 ) days ' written notice , sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor ; or, if the net proceeds of such sale are insufficient to pay the expenses of removal , the City may deduct the balance from any amounts due the Contractor. 9 . MATERIALS , EQUIPMENT, APPLIANCES , AND FACILITIES . Unless otherwise stipulated , the Contractor shall provide and pay for all materials , labor, water, tools , equipment , light , power, transportation , and other facilities necessary for the execution and completion of the work . Materials shall be of the quality specified for each particular part of the work . Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work , it is necessary to use any material that is not fully specified in these specifications , it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as apart of the work , shall be furnished by the Contractor as part of the work , whether or not it is specifically called for in the plans and specifications , and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10 . MATERIAL SAMPLES . Before the contract is awarded , the bidder may be required to furnish a statement of the origin , composition , and manufacture of any and all materials proposed for use in the performance of the Contract , together with samples of the material . These samples will be considered as representative and typical of the material to be obtained from any particular source . 11 . CHARACTER OF WORKMEN AND EQUIPMENT . The Contractor shall employ competent and efficient workmen for every kind of work . Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector , or who shall be deemed incompetent or disorderly , or who shall commit trespass upon public or private property in the vicinity of the GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 8 work, shall be dismissed when the Engineer so orders , and shall not . be re- employed unless express permission be given by the Engineer. The Contractor shall , at all times , enforce discipline and good order among his employees . The methods , equipment , and appliances used on the work , and the labor employed , shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit . 12 . HIRING CITY EMPLOYEES . The Contractor shall not employ and hire any of the City ' s employees without the permission of the Engineer. 13 . LABOR. Local labor shall be given preferences so far as practicable . 14 . THE CITY' S RIGHT TO DO WORK . If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract , the City of Waterloo , after three (3 ) days ' written notice to the Contractor may , without prejudice to any other remedy he may have , make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided , however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1 . ORDER OF COMPLETION - USE OF COMPLETED PORTIONS . The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require . The City shall have the right to take possession of and use completed or partially completed portion of the work at any time , but such taking possession and use shall not be deemed an acceptance of work so taken or used , or any part thereof. If such prior use increases the cost of or delays the work , the Contractor shall be entitled to such extra compensation or extension of time , or both , as the Engineer may determine . 2 . WEATHER . During stormy or inclement weather, all work shall be suspended , except such as can be done in an acceptable manner. Permission to work during freezing , stormy , or inclement weather shall in no way be construed as a release of the Contractor' s responsibility regarding the quality of the finished work at such time . 3 . SUNDAYS AND LEGAL HOLIDAYS . Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades , no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4 . DELAYS AND EXTENSION OF TIME . If the Contractor be delayed in the completion of the work by an act of neglect of the City , or its GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 9 employees ; or by any other Contractor employed by the City ; or by changes ordered in the work ; or by strikes , lockouts , fire , unusual delays in transportation , unavoidable casualties , or any cause beyond the Contractor' s control ; or by delay authorized by the Engineer pending arbitration , or by any cause which the Engineer shall decide justifies the delay , then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty ( 30 ) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay , only one claim is necessary . This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents . 5 . TEMPORARY SUSPENSION OF WORK . The Engineer shall have authority to suspend the work , wholly or in part , for such period or periods of time as he may deem necessary , due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work , or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6 . NOTICES - HOW SERVED . Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or foreman or agent at or near the work , or deposited in the post office , postpaid , or emailed , addressed to the Contractor at his last known place of business . 7 . PROGRESS OF WORK . The progress of the work shall be such that , at the expiration of one-fourth ( 1 /4 ) of the contract period , one-eighth ( 1 /8 ) of the work shall be completed ; at the expiration of one- half ( 1 /2 ) of the contract period , three-eighths ( 3/8 ) of the work shall be completed , at the expiration of three-fourths ( 3/4 ) of the contract period , the work shall be three-fourths ( 3/4 ) completed , and the whole work shall be completed at the expiration of the contract period . If, at any time the above schedule is not being maintained , the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with . Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications . If the Contractor fails , within ten ( 10 ) days , to proceed as directed in the said notice , then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work , as provided under the article covering City's right to terminate contract . 8 . CITY' S RIGHT TO TERMINATE CONTRACT . If the Contractor should be adjudged a bankrupt ; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 10 insolvency ; or if he should persistently or repeatedly refuse or should fail , except in cases for which extension of time is provided , to supply enough skilled workmen or proper materials ; or if he should fail to make prompt payment to Subcontractors or for materials or labor ; or if he should persistently disregard laws , ordinances , or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract , then the City , upon the certificate of the Engineer that sufficient cause exists to justify such action , may , without prejudice to any other rights or remedy , and after giving the Contractor seven ( 7 ) days ' written notice , terminate the employment of the Contractor and take possession of the premises and of all materials , tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases , the Contractor shall not be entitled to receive any further payment until the work is finished . If the unpaid balance of the contract price shall exceed the expenses of finishing the work , including compensation for additional managerial and administration services , such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance , the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor' s default shall be certified by the Engineer. 9 . REMOVAL OF EQUIPMENT . In the case of annulment of this contract before completion , from any cause whatsoever, the Contractor, if notified to do so by the City ; shall promptly remove any part or all of his equipment and supplies from the property of the City , failing which , the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1 . STANDARD OF MEASUREMENT . All work completed under the contract shall be measured by the Engineer according to the United States standard measures . 2 . SCOPE OF PAYMENTS . The Engineer' s measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed , the Engineer will make measurements and computations of the number of units of each of the various items of work completed , and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal . Before final settlement is made , the Council may require the Contractor to submit a list of all persons furnishing labor or materials , with evidence that such persons have been paid in full . Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 11 3 . PAYMENT FOR XT WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein . If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal , the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work , plus fifteen percent ( 15 % ) of the cost thereof. In computing the labor cost on such extra work , the following items shall be included . (a ) Actual payroll expenditures for labor at the current rate therefor, and cost of materials . (b ) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance , prorated , for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items , and if he finds them to be correct , he shall so certify on the statement of cost , returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same . For any special machine , power tools , or equipment , including fuel and lubricants , but not including small hand tools , which may be deemed necessary or desirable to use , the Contractor shall be allowed a reasonable rental thereon , to be agreed upon in writing by the Engineer before such work is begun , and to which sum no percentage is to be added . The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character . The fifteen percent ( 15 % ) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance . In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing , except as provided hereinafter. 4 . CLAIMS FOR EXTRA COST . If the Contractor claims that any instructions , by drawings or otherwise , involved extra cost under this contract , he shall give the Engineer written notice thereof within ten ( 10 ) days after completion of the work . No such claim shall be valid unless so made . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 12 5 . CLAIMS FOR EXTRACOMPENSATION . If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided , the Contractor shall notify the Engineer, in writing , of his intention to make claim for extra compensation for work and/or material before starting construction . If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein , then the Contractor hereby agrees to waive the claim for extra compensation . Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid , shall not in any way be construed as proving the validity of the claim , which must be passed upon by the Council . In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein . 6 . COMPLETION REPORT AND OBJECTIONS THERETO . Within ten ( 10 ) days after the full completion of the work to be done under this contract , the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes , alterations , omissions , and defects , and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then , in writing , either approve such statement or point out any claimed errors or omissions . If any of such claims are found correct, the Engineer shall , within ten ( 10 ) days , prepare a new statement , a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same . If the figures of the Engineer and the Contractor cannot be reconciled , or there is a difference of opinion regarding some item or items , then such difference of opinion shall be submitted to arbitration as hereinafter provided , and the decision of the arbitrator or arbitrators shall be final , and the Engineer shall , within a period of five ( 5 ) days , file his completion report . Ile Before action by the City Council upon such completion report , the11 Contractor shall also file a written statement of any claims he may have against the City , other than those shown by such completion report , growing out of this contract or the work done hereunder. The City shall retain ten percent ( 10 % ) of the amount due the Contractor on the completion report for a period of thirty ( 30 ) days . If no claims are filed against the Contractor within thirty (30 ) days , the final ten percent ( 10 % ) shall then be paid to the Contractor. 7 . WAIVER . By the execution of this contract , the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report , and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 13 provided in Article 6 , Section E hereof, shall be waived , and no such claim shall thereafter be asserted against the City. SECTION F ® LEGAL RELATIONS AND RESPONSIBILITIES 1 . LAWS RELATING TO WORK . The Contractor is presumed to be familiar with all laws , ordinances , and regulations which may , in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work , and shall conduct the work so as not to conflict with such laws , ordinances , and regulations . 2 . PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council . He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer' s certificate of completion . He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause . He may , however, be allowed a reasonable extension of time on account of such delays . He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work , and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain , or other underground pipes and structures , and to sidewalks and private property. Ile 1 RESPONSIBILITY FOR ACCIDENTS . The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing . 4 . LIABILITY INSURANCE . The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the lee handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker' s Compensation Law . Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies , evidencing that said insurance company or companies have issued liability insurance policies , effective during the life of the contract , or for a period of a least ten ( 10 ) days following the filing of written notice of cancellation , protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 14 The affidavit shall specifically evidence the following forms of insurance protection : (a ) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b ) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned . (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d ) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work , whether owned by the Contractor or by other persons , firms , or corporations . (e ) The minimum protection shall be as follows : Comprehensive General Liability Insurance General Aggregate Limit $ 2 , 0001000 . 00 Products—Completed Operations Aggregate Limit $ 590001000 . 00 Each Occurrence Limit $ 5 , 0001000 . 00 Comprehensive Automobile Liability Insurance $ 11000 , 000 . 00 The Contractor shall have the City of Waterloo , Iowa , named as an "Additional Named Insured " . A certificate , or a policy if requested , shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same . It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance . 5 . BARRICADES AND SIGNS , The Contractor shall , at his own expense and without further or other order , provide , erect , and maintain , at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades , signs , or other adequate protection , as required by the latest edition of the " Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide , GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 15 keep , and maintain such barricades , signs , etc . , as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work . All barricading plans shall be approved by the City Engineer. 6 . ROYALTIES AND PATENTS . The Contractor shall pay all royalties and license fees . He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified . 7 . PERMITS AND REGULATIONS . Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits , license , and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8 . CLAIMS FOR DAMAGES . Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment , except as expressly stipulated otherwise in the case of faulty work or materials , and shall be adjusted by agreement or arbitration . The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract , and his bond will not be released until such claims are paid for dismissed . 9 . ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council . 10 . SUBCONTRACTORS . The Contractor shall , as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may , within a reasonable time , object to as incompetent or unfit . The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him . . Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11 . ARBITRATION . All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 16 The Contractor shall not cause a delay of the work during any arbitration proceedings , except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision , within ten ( 10 ) days of its receipt , and in any other case , within a reasonable time after cause thereof, and in no case later than the time of final payment , except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time , an appeal to arbitration may be taken as if his decision had been rendered against the part appealing . No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa . Unless otherwise provided by such laws , the parties may agree upon one arbitrator; otherwise , there shall be three--one named in writing by each party to this contract to the other party , and the third chosen by these two arbitrators , or, if they fail to select a third within ten ( 10 ) days , then he shall be chosen by the Comptroller of the State of Iowa . Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing , the arbitrators are empowered by both parties to proceed ex parte . If there be one arbitrator, his decision shall be binding ; if three , the decision of any two shall be binding . Such decision shall be a condition precedent to any right of legal action , and , wherever permitted by law , it may be filed in Court to carry it into effect . The arbitrators , if they deem that the case demands it , are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time , expense , and trouble incident to the appeal , and , if the appeal was taken without reasonable cause , damages for delay , the arbitrators shall fix their own compensation unless otherwise provided by agreement , and shall assess the costs and charges of the arbitration upon either or both parties . The award of the arbitrators must be in writing , and it shall not be open to objections on account of the form of proceeding or the award , unless otherwise provided by the laws of Iowa . In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified , the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa , it being intended hereby to lay down a principle of action to be followed , leaving its local application to be adopted to the legal requirements of the place in which the work is to be done . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 . 18 - 17 12 . PERFORMANCE AND PAYMENT BONDS . The Contractor shall , at the time of execution and delivery of this contract and before the taking effect of same , furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance , and with surety thereon satisfactory and acceptable to the City , to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract . These bonds shall remain in force and effect for the full amount of the Contract . 13 . PERSONAL LIABILITY OF PUBLIC OFFICIALS . In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby , there shall be no liability upon the Engineer or his authorized assistants , either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City . 14 . JURISDICTION . Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen , or because of the violation of any provisions of the specifications , or on account of the failure of said Contractor to comply fully with these provisions , shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15 . TERMINATION OF RESPONSIBILITY, The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond , after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council . 16 . CITY' S LEGAL RIGHTS . The City shall not be precluded by any measurements , estimate , or certificate made , either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement , estimate , or certificate is untrue or incorrectly made , or the work or materials do not , in fact , conform to the Contract . The City shall not be precluded , notwithstanding any such measurements , estimate , or certificate and payment in accordance therewith , from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives , nor any payment for or acceptance of the whole or any part of the work , nor any extension of time , nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved , or any right to damages herein provided . A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach . GENERAL SPECIFICATIONS FOR CONSTRUCTION CONTRACT 983 18 - 18 SUPPLEMENTAL GENERAL SPECIFICATIONS FORCONSTRUCTION 1 SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract . 2 . REVIEW BY THE CITY OF WATERLOO The City of Waterloo , its authorized representatives and agents , shall at all times have access to and be permitted to observe and review all work , materials , equipment , payrolls , personnel records , employment conditions , material invoices , and other relevant data and records pertaining to this contract , provided , however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents . 3 . INSPECTION a . The contractor shall furnish promptly all materials reasonably necessary for any tests , which may be required . All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications . b . Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production , manufacture or shipment , whenever the quantity justifies it, and such inspection and acceptance , unless otherwise stated in the Technical Specifications , shall be final , except as regards ( 1 ) latent defects , (2 ) departures from specific requirements of the contract , (3 ) damage or loss in transit , or (4 ) fraud or such gross mistakes as amount to fraud . Subject to the requirements contained in the preceding sentence , the inspection of materials as a whole or in part will be made at the project site . 4 . WARRANTY OF TITLE No material , supplies , or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a SUPPLEMENTAL GENERAL SPECIFICATIONS CONTRACT 983 19 - 1 5623 conditional sale , lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials , supplies , and equipment installed or incorporated in the work and upon completion of all work , shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims , liens , or charges . Neither the contractor nor any person , firm , or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon . Nothing contained in this paragraph , however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo . The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials . SUPPLEMENTAL GENERAL SPECIFICATIONS CONTRACT 983 19 - 2 5623 FORM OF BID OR PROPOSAL FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 CONTRACT NO , 983 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 Zvwa a Partnership consisting of the following partners : ,4rc,nds Excavor %4A ! , having familiarized ( himself) 400F(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 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . 5623 , CONTRACT NO . 983 , all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities : FY 2021 LEVERSEE ROAD LIFT STATION PROJECT NO . S623 CONTRACT NO . 983 ITEM NO . ITEM UNIT QTY. UNIT PRICE TOTAL 2 . 01 TOPSOIL, ON SITE CY 550 $ I Lf , S Lt $ O 0 O cv 2 . 02 EXCAVATION , CLASS 10 CY 2850 $ 5 o Z 6 $ 15 0000 0 rJ 2 . 03 SUBGRADE PREPARATION, 12 " SY 1270 $ $ rj UC) r 2. . 04 SUBBASE, 611 , MODIFIED SY 190 $ 2.4 , 00 le +on $ I ZOO 0 SANITARY SEWER, GRAVITY MAIN , 4 . 01 TRENCHED, TRUSS, 12 " LF 118 c6 d O O . d SANITARY SEWER, FORCE MAIN , $ Z v p $ r 4. 02 TRENCHED, PVC, 12 " LF 175 5 . 01 WATER MAIN , TRENCHED, DIP, 6 " LF 50 $ X00 . O O � • OCA 5 . 02 FIRE HYDRANT ASSEMBLY EA 1 $ , O $ v 6 . 01 SANITARY MANHOLE CONNECTION EA 2 $ 3 0 0 0 $ 5 3 0 0 • U • 6 . 02 5W-515 INTAKE RECONSTRUCTION EA 1 $ rj '� O C� • b �' $ r- a C) 7 . 01 CURB AND GUTTER REMOVAL LF 91 $ 5 5 • o U $ 500 O U 7 . 02 PAVEMENT, &SUD PCC, 9 " SY 167 $ 1 15 , ' C $ q . ZoL4 . o C3 7 . 03 GRANULAR SURFACING, 12 " SY 965 $ Z. , $ Ir jL 8 . 01 TEMPORARY TRAFFIC CONTROL LS 1 $ 506 Q o $ u) . o HYDRAULIC SEEDING , FERTILIZING , _ 9 . 01 AND MULCHING AC 0 . 54 14 , lj zo % v o �71 Z V O � U u FORM OF BID CONTRACT NO . 983 4 - 1 5623 9 . 02 8' SECURITY CHAIN LINK FENCE LF 244 $ 3S • 0 C7 $ Cl I z ( 6 • q 9 . 03 8 ' SECURITY FENCE GATE EA 2 $ 1 , 000 . 00 $ Z . 0 0 0 • 0 Q 9 . 04 SILT FENCE, INSTALLATION LF 575 $ " , �0 $ Q ( `L • SCS 9 . 05 SILT FENCE, MAINTENACE LF 575 $ Cl0 O v $ v (� • U G 9 . 06 SILT FENCE, REMOVAL LF 575 $ 1 . 0 4 $ '� .7 (3 INLET PROTECTION DEVICE, $ $ 9 . 07 INSTALLATION EA 2 '>- L v dU INLET PROTECTION DEVICE, $ _ $ i O O r 0 (7� 9 . 08 MAINTENANCE EA 2 INLET PROTECTION DEVICE, 9 . 09 REMOVAL EA 2 $ dt ® © O 0 STABILIZED CONSTRUCTION $ $ 9 . 1 ENTRANCE, INSTALLATION EA 1 I V ty , � v ( , U So C) STABILIZED CONSTRUCTION $ $ 9 . 11 ENTRANCE, MAINTENANCE EA 1 3 b O ' 00 b0 © O STABILIZED CONSTRUCTION $ $ _ 9 . 12 ENTRANCE, REMOVAL EA 1 U 0 , (.0 (D I O 0 11 . 01 MOBILIZATION LS 1 $ (30 , 00 $ Qoc , CSO UNIT MASONRY ELECTRICAL $ _ $ 12 . 01 CONTROL BUILDING LS 1 3 � C>- oc) ( • �� ELECTRICAL PACKAGE, GENERAL $ $ ELECTRICAL REQUIREMENTS, .Z 3� � � Z . 0 • 2 *3 Z I Z • U 12 .02 INCLUDING GENERATOR LS 1 WET WELL AND PUMP CONTROL $ _ _ $ 12 . 03 SYSTEMS LS 1 140, ZO ° � Cj Z5 7 12 . 04 VALVE VAULT LS 1 $ 2.C7 0 , o ) $ o & 0 ` 0 U 12 . 05 AIR RELEASE MANHOLE LS 1 $ 12 . 06 METERING MANHOLE LS 1 $ Z �e7tC) U $ TOTAL BID $ J ti O 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 w V'N AAC k4NDVS4hd 470,, r kvhdrc.d fo,, r}Y ` � ; "�Ol� ° ° • Dollars ($ 29 ,9 4 l • © 0 ) In the form of Gns is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS . FORM OF BID CONTRACT NO . 983 4 - 2 5623