HomeMy WebLinkAboutMP Nexlevel, LLCNg
w
00�
o ow
o co
�m
07
00ao
m
0�
No
C/)
N C
coco
co
SHIP DATE 29NOV23
CAD: 57726454/INET4660
BILL SENDER
m
x
0
0
CD
N
W
A
O
2,o
sD)
co a
4.
v
r
m
o
N *
0
0
0
o
0
ORIGIN ID:STCA (320) 963-2400
AANNINANDALE
9938 STATE HWY 55
ANNANDALE, MN 55302
UNITED STATES US
To ATTN: CITY CLERK
CITY OF WATERLOO
715 MULBERRY STREET
WATERLOO IA 50703
(319) 291-4323
REF: INATERL001tY36 SEALED BID
P0:
DEPT
IIIIIiiHH IIIIIIIi1111111IIIIIIIIIIIII III II II III IIIIII III UN
FecI I Expo
NP,r3111
66
ti
66
co0-0
-C O
m c) o C X
CD
N K co
for
zv 0
1 n
cnW
N
OD
PROJECT SPECIFICATIONS
FOR
FY 2024
FIBER-OPTIC OUTSIDE PLANT (OSP), ECONOMIC DEVELOPMENT
ADMINSTRATION (EDA) AWARD NUMBER 05-79-06185
John
Williams
Digitally signed by
John Williams
Date: 2023.11.02
10:39:25-04'00'
CITY OF
TERLOO
IOWA
Community of Opportunity
CONTRACT NO. 1086
\\15p4 ES10�i �� %
JOHN FRANKLIN
= WILLIAMS -
26232
/''/�* • z z.
I hereby certify that this engineering
document was prepared by me or under my
direct personal supervision and that I am a
duly licensed Professional Engineer under
the laws of the State of Iowa,
1
11/2/23
(signature) (date)
Printed or typed name: John Franklin Williams
License number: P26232
My license renewal date is 12/31/2023.
Pages or sheets covered by this seal: ALL
FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP),
ECONOMIC DEVELOPMENT ADMINSTRATION
(EDA) AWARD NUMBER 05-79-06185
CONTRACT NO. 1086
CONTRACT DOCUMENTS
TABLE OF CONTENTS
Highlighted items must be included with bid.
1. NOTICE OF PUBLIC HEARING
2. NOTICE TO BIDDERS
3. INSTRUCTIONS TO BIDDERS
4. FORM OF BID OR PROPOSAL
5. SALES TAX EXEMPTION INFORMATION FORM
6. FORM OF BID BOND
7 NON -COLLUSION AFFIDAVITS (Prime)
8. EQUAL OPPORTUNITY CLAUSE
9. TITLE VI CIVIL RIGHTS
10. BIDDER STATUS FORM
11. AFFIRMATIVE ACTION PROGRAM
12. STATEMENT OF BIDDER'S QUALIFICATIONS
13. GENERAL SPECIAL PROVISIONS
14. SPECIAL PROVISIONS
15. SUPPLEMENTAL SUDAS SPECIFICATIONS
16. GENERAL SPECIFICATIONS FOR CONSTRUCTION
17. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTIONS
18. FORM OF CONTRACT
19. FORM OF PERFORMANCE BOND
20. FORM OF PAYMENT BOND
21. EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS
22. EDA SITE SIGN WRITTEN SPECIFICATIONS
23. FORM CD-512 CERTIFICATION REGARDING LOBBYING
24. REQUIREMENTS FOR AFFIRMATIVE ACTION (EEO)
25. DAVIS BACON
ATTACHMENT A - UNIT LABOR AND MATERIAL COSTS
ATTACHMENT B - FIBER OPTIC DESIGN AND CONSTRUCTION SPECIFICATIONS
ATTACHMENT C - WATERLOO EDA BACKBONE DESIGN
NOTICE OF PUBLIC HEARING
On Proposed Plans, Specifications, Form of Contract,
And Estimate of Cost
For the
FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP)
CONSTRUCTION, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) AWARD NUMBER 05-79-
06185
In the City of Waterloo, Iowa
CONTRACT NO. 1086
RECEIVING OF BIDS
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 30'h day of November, 2023_until 1:00 p.m. for the construction
of the FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP) CONSTRUCTION. ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) AWARD NUMBER 05-79-06185. Contract No.
1086as 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 First Floor Conference Room at City Hall, in the City
of Waterloo, Iowa, on the 301h day of November, 2023 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 the 4`h day of December, 2023, 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 Magellan Advisors 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 NOTICE TO BIDDERS can be viewed at the following locations:
1) City of Waterloo web site at
https //www.cityofwaterlooiowa.com/government/municipalgovermentbids.php
2) Plan rooms.
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
NOTICE OF HEARING CONTRACT NO.1086
3) Plan Room Web sites:
Master Builders of Iowa web site at www.mbionline.com
Dodge Lead web site: http://dodqeprojects.construction.com/
Reed Const. Data Lead web site: http://www.cmdgroup.com/protect-leads/
Project Calendar Anticipated Event Dates:
• Issuance of the Notice to Bidders
• Final Submission of Contractors' Questions
• Response to Contractors' Questions
• Bids Due
• City consideration of bids
• City public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost
• EDA Bid Review
• City Award of Contract
• Contract Signed and Mobilization Commences
• Commence Construction
. Complete Construction No Later Than
Council approval
SCOPE OF WORK
November 7, 2023
November 14, 2023
November 21, 2023
November 30, 2023
December 4, 2023
December 4, 2023
December 15, 2023
January 2, 2024
January 15, 2024
February 12, 2024
364 days from Date of
The statement of work includes the construction and installation of fiber-optic outside plant (OSP)
infrastructure, including but not limited to underground infrastructure which will be detailed in each
Work Order. Construction placement activities may include, but are not limited to, underground
plowing, trenching and/or boring methods. Construction also includes installation, splicing and
termination of all enclosures, and pedestals.
All construction shall utilize the lowest cost method possible where multiple methods could be
applied to complete the same Work Order as specified. All construction shall follow Owner's design
and construction standards, typical drawings and approved manufacturers/vendors provided in
Attachment B.
This is a significant construction project and Owner expects respondents to scale to meet Owner's
needs. The owner expects construction to occur in multiple areas of the city simultaneously.
Respondents should have the capacity to manage multiple crews across different areas as the
Owner's goal is to build as quickly, responsibly, and safely as possible.
High level quantities for the construction project include:
a. Underground bore placement of 14 estimated miles to contain three individual 1.25"
conduits
b. Final miles of underground construction may change based on final engineering
All construction is subject to Construction and Fiber Specifications (Attachment B).
This project will be partially funded with Federal funds from the United States Department of
Commerce, Economic Development Administration and therefore is subject to the Federal laws
and regulations associated with that program. Respondents are urged to review Sections 21-25 to
ensure compliance with this program.
NOTICE OF HEARING CONTRACT NO.1086
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
NOTICE OF HEARING CONTRACT NO.1086
NOTICE TO BIDDERS
For the Taking of Construction Bids for the
FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP)
CONSTRUCTION, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) AWARD 05-79-06185
In the City of Waterloo, Iowa
CONTRACT NO. 1086
RECEIVING OF BIDS
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 30" day of November, 2023 until 1:00 p.m. for the construction
of the FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP) CONSTRUCTION, ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) AWARD NUMBER 05-79-06185. Contract No.
1086 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 First Floor Conference Room at City Hall, in the City
of Waterloo, Iowa, on the 30" day of November, 2023, 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 December, 4t", 2023, said hearing to be held in the Harold E. Getty Council
Chambers in City Hall in said City.
SCOPE OF WORK
The statement of work includes the construction and installation of fiber-optic outside plant (OSP)
infrastructure, including but not limited to underground infrastructure which will be detailed in each
Work Order. Construction placement activities may include, but are not limited to, underground
plowing, trenching and/or boring methods. Construction also includes installation, splicing and
termination of all enclosures, and pedestals.
All construction shall utilize the lowest cost method possible where multiple methods could be
applied to complete the same Work Order as specified. All construction shall follow Owner's design
and construction standards, typical drawings and approved manufacturers/vendors provided in
Attachment B.
This is a significant construction project and Owner expects respondents to scale to meet Owner's
needs. The owner expects construction to occur in multiple areas of the city simultaneously.
Respondents should have the capacity to manage multiple crews across different areas as the
Owner's goal is to build as quickly responsibly, and safely as possible. The City reserves the right
to award bids to multiple contractors to meet its timeline goals.
High level quantities for the construction project include:
Underground bore placement of 14 estimated miles to contain three individual 1.25" conduits
Final miles of underground construction may change based on final engineering
NOTICE TO BIDDERS CONTRACT NO. 1086
All construction is subject to Construction and Fiber Specifications (Attachment B).
This project will be partially funded with Federal funds from the United States Department of
Commerce, Economic Development Administration and therefore is subject to the Federal laws
and regulations associated with that program. Respondents are urged to review Sections 21-25 to
ensure compliance with this program.
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 all items shall be completed within 364 days of City Council
Approval on Jan 2, 2024 or an effective end date of December 31, 2024.
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 the City of Waterloo 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.
Complete digital Plans and Specifications are available at:
https://www.citvofwaterlooiowa.com/government/municipalgovermentbids.php .
Please DO NOT obtain Bid Documents from any source other than the City of Waterloo, Iowa.
Obtaining documents through any other source could prevent Bidder from being included on the
official Plan Holders List, which, in turn, may cause the Bidder to not receive addenda or other
time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have
current bidding documents included in the proposal.
Upon award of project, the prime contractor, subcontractors, and suppliers shall be supplied with
the needed number of plans and specifications at no additional cost
NOTICE TO BIDDERS CONTRACT NO. 1086
Project Calendar Anticipated Event Dates:
• Issuance of the Notice to Bidders
• Final Submission of Contractors' Questions
• Response to Contractors' Questions
• Bids Due
• City consideration of bids
• City public hearing on Plans, Specifications, Form of Contract
& Estimate of Cost
• EDA Bid Review
• City Award of Contract
• Contract Signed and Mobilization Commences
• Commence Construction
Complete Construction No Later Than
Council approval
November 7, 2023
November 14, 2023
November 21, 2023
November 30, 2023
December 4, 2023
December 4, 2023
December 15, 2023
January 2, 2024
January 15, 2024
February 12, 2024
364 days from Date of
NOTICE TO BIDDERS CONTRACT NO. 1086
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
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.
NOTICE TO BIDDERS CONTRACT NO. 1086
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.
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 one
thousand dollars ($1,000.00) 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 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.
NOTICE TO BIDDERS CONTRACT NO. 1086
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. 1086
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
of Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total
Bid Pt ice, 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 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.
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 his 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 whete 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.
INSTRUCTIONS TO BIDDERS Page 1 of 5
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 i ight 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
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 mails 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 o•
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 fiom 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
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
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 consti uction 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 secui ity 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.
INSTRUCTIONS TO BIDDERS Page 2 of 5
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 has 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. 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.
10. STATEMENT OF BIDDER'S OUALIFICATIONS
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 expel ience 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.
11. AWARD OF CONTRACT
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.
INSTRUCTIONS TO BIDDERS Page 3 of 5
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, or for the BASE BID plus
ALTERNATE(S), as applicable, 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.
12. 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 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 1 1 to 12 of 14 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 ie-advertise for bids, and may charge against the bidder •
INSTRUCTIONS TO BIDDERS Page 4 of 5
the difference between the amount of the bid and the amount fo► which a contract for the work is subsequently
executed, irrespective of \vhethe► 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.
13. BIDDER STATUS
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 ►n 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 Page 5 of 5
FORM OF BID OR PROPOSAL
FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP) CONSTRUCTION,
ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) AWARD NUMBER
05-79-06185
CONTRACT NO. 1086
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 Minnesota
a Partnership consisting of the following partners: N/A
, having familiarized (himself)
(themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all
the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer
of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo Iowa, hereby proposes to
furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and
services, including utility and transportation services required to construct and complete this F.Y. 2024 FIBER-
OPTIC OUTSODE PLANT (OSP) CONSTRUCTION, ECONOMIC ADMINISTRATION (EDA) AWARD
NUMNER 05-79-06185, Contract No. 1086 , all in accordance with the above -listed documents and for the unit
prices for work in place for the following items and quantities contained in Attachment A. The contractor shall
submit a copy of Attachment A as part of their bid.
FOR
ECONOMIC
FY
DEVELOPMENT
2024
FIBER-OPTIC
ADMINSTRATION
OUTSIDE
CONTRACT
PLANT
(EDA)
NO.
(OSP)
AWARD
CONSTRUCTION,
NUMBER
0506185
Item
#
Description
Estimated
Quantity
Unit
Unit
Price
Total
UNDERGROUND
- BURIED
1
Directional
Bore
(0)
1" and
(0)
2" and
(2) 1.25"
174
LF
$12.45
$2,166.30
2
Directional
Bore
(0)
1" and
(0)
2" and
(3) 1.25"
53,103
LF
$13.45
$714,235.35
4
Directional
Bore
(0)
1" and
(1)
2" and
(2) 1.25"
143
LF
$14.45
$2,066.35
5
Directional
Bore
(0)
1" and (1)
2" and
(3) 1.25"
3,334
LF
$15.45
$51,510.30
11
Directional
Bore
(1)
1" and
(0)
2" and
(0) 1.25"
3,118
LF
$11.45
$35,701.10
14
Directional
Bore
(1)
1" and
(0)
2" and
(3) 1.25"
14,395
LF
$14.00
$201,530.00
28
Bore 6" Casing (Steel)
1
LF
$87.00
$87.00
29
Bore 6" Casing (PVC)
1
LF
$85.00
$85.00
30
Bore 8" Casing (Steel)
1,083
LF
$98.50
$106,675.50
31
Bore 8" Casing (PVC)
1
LF
$90.00
$90.00
33
Install
Muletape
in New
Conduit
234,192
FT
$0.70
$163,934.40
36
Install
#12 AWG Insulated
Tracer Wire
68,763
LF
$0.90
$61,886.70
37
Install
5/8"x8' Copper
Clad
Ground
Rod
35
EA
$40.00
$1,400.00
38
Install
3.5" Dia PVC Round
Marker
Posts with
Orange
Dome Top
87
EA
$50.00
$4,350.00
39
Install
with
3.5"
Test Station
Dia PVC Round
Marker
Posts with
Orange
Dome Top
29
EA
$90.00
$2,610.00
46
Installation,
fiber)
Underground
Fiber Cable
- Including
Slack
(All
other
77,388
LF
$1.25
$96,735.00
0
51
OF
BID
Installation,
Vault
24" x 36"
77
EA
$630.00
$48,510.00
CONRACT
NO.
1086
52
Installation,
Large Vault
30" x 48"
2
EA
$795.00
$1,590.00
53
Installation,
Extra
Large Vault
48" x 60"
2
EA
$980.00
$1,960.00
57
Sawcut,
Remove and
Replace
Asphalt
6"
Thick
1,146
SqrFt
$30.00
$34,390.00
58
Sawcut,
Remove and
Replace
Concrete
6"
Thick
1,146
SqrFt
$38.00
$43,560.67
60
Sawcut,
Remove and
Replace
Asphalt
8"
Thick
1,146
SqrFt
$41.00
$46,999.67
61
Sawcut,
Remove and
Replace
Concrete
8"
Thick
1,146
SqrFt
$48.00
$55,024.00
62
Sawcut,
Remove and
Replace
Asphalt
10"
Thick
1,146
SqrFt
$51.00
$58,463.00
63
Sawcut,
Remove and
Replace
Concrete
10"
Thick
1,146
SqrFt
$55.00
$63,048.33
UNDERGROUND
- BURIED
LABOR
TOTAL
$1,798,608.67
SPLICING
127
Install
New Splice
Case & Prep
Cable
10
EA
$477.00
$4,770.00
130
Splicing,
Fusion, Single
Fiber
2,880
EA
$45.00
$129,585.96
131
Splicing
Fusion, Single
fiber
Pigtail
at
panel
562
EA
$34.00
$19,108.00
134
Testing, OTDR,
Bi-Directional,
Power
Meter Testing
562
EA
$12.70
$7,137.40
SPLICING
LABOR TOTAL
$160,601.36
PATCH
PANELS
AND
CABINETS
148
Install
rack
mounted
patch
panel
(Any Size) and
tails
2
EA
$900.00
$1,800.00
149
Install
Wall
Mount
Fiber
Enclosure
2
EA
$900.00
$1,800.00
150
Install
7ft
Rack
for
patch
panels
1
EA
$1,056.50
$1,056.50
PATCH
PANELS
AND CABINETS
LABOR TOTAL
$4,656.50
GENERAL
161
Pull
fiber
through
building
300
FT
$13.37
$4,011.00
162
Install
2"
Electric
Metal
Tubing
(EMT)
15
LF
$51.70
$775.50
163
4"
Core
Bore
3
EA
$515.50
$1,546.50
164
2"
Building
Riser with
LB
- Up
to 10'
3
EA
$589.00
$1,767.00
GENERAL
LABOR
TOTAL
$8,100.00
***
LABOR TOTAL
$1,971,966.51
Item
#
Description
Estimated
Quantity
Unit
FIBER
178
24 CT Fiber Cable
527
FT
$0.45
$237.15
180
96 CT Fiber Cable
3,235
FT
$1.06
$3,429.10
183
288 CT Fiber
Cable
73,627
FT
$2.69
$198,056.63
FIBER MATERIAL TOTAL
$201,722.88
UNDERGROUND
196
1"
HDPE
Roll
Conduit,
Orange - SDR
11
17,513
FT
$0.33
$5,779.29
197
1.25"
HDPE
Roll
Conduit,
Orange - SDR
11
213,130
FT
$0.48
$102,302.40
198
2"
HDPE
Roll
Conduit,
Orange - SDR
11
3,477
FT
$0.93
$3,233.61
202
Mule
Tape
234,192
FT
$0.05
$11,709.60
203
#12
AWG Solid
Thhn
Insulated
Tracer
Wire
68,763
FT
$0.23
$15,815.49
204
5/8"x8'
Copper
Clad
Ground
Rod
35
EA
$26.55
$929.25
207
Vault,
24" x 36"
77
EA
$789.93
$60,824.61
208
Large
Vault,
30"
x 48"
2
EA
$1,370.94
$2,741.88
209
Extra
Large Vault
48"
x 60"
(Split
Lid)
2
EA
$3,050.84
$6,101.68
215
3.5"
length
Dia
PVC
Round
Marker
Posts
with
Orange
Dome
Top,
8
ft. in
87
EA
$24.54
$2,134.98
216
3.5"
length
Dia
with
PVC
shorting
Round
Locate
straps
Posts
with
Orange "Top
Hat",
8
ft. in
29
EA
$50.76
$1,472.04
219
6" SDR
11
36
$7.55
$271.80
FORM OF BID
CONRACT NO. 1086
220
8" SDR
11
1,083
$19.71
$21,345.93
221
6" Steel
Casing
36
$11.46
$412.56
222
8" Steel
Casing
36
$16.83
$605.88
UNDERGROUND
MATERIAL
TOTAL
$235,681.00
CLOSURES
235
FOSC 450 D Closure
10
EA
$503.30
$5,033.00
236
D Size splice
Tray
20
EA
$38.91
$778.20
237
Slack
Basket
for D-Gel
Closure
10
EA
$33.61
$336.10
CLOSURES MATERIAL TOTAL
$6,147.30
PATCH
PANELS
AND
CABINETS
284
288
port rack
mount
panel
2
EA
$6,200.65
$12,401.30
285
Wall
Mount
Fiber
Enclosure
2
EA
$500.23
$1,000.46
286
7ft
Rack
for
patch
panels
1
EA
$1,021.99
$1,021.99
287
NEMA
Enclosure
3
EA
$1,124.09
$3,372.27
PATCH
PANELS
AND CABINETS MATERIAL TOTAL
$17,796.02
***
MATERIAL TOTAL
$461,347.20
***
TOTAL BID
$2,433,323.79
2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid
price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject
any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the
undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is
withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the
required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for
signature, and start work within ten (10) days after "Notice to Proceed" is issued.
4. Security in the sum of 5% OF BID AMOUNT Dollars ($
in the form of BID BOND , is submitted herewith in accordance with the
INSTRUCTIONS TO BIDDERS.
5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor.
6. Attached hereto is a Bidder Status Form.
7 The bidder is prepared to submit a financial and experience statement upon request.
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.
FORM OF BID CONRACT NO. 1086
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date A)A
10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA".
11. The bidder has attached all applicable forms.
12. This project will be partially funded with Federal funds from the United States Department of Commerce,
Economic Development Administration and therefore is subject to the Federal laws and regulations
associated with that program. Respondents are urged to review Sections 21-25 to ensure compliance with
this program.
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.
14. Adhere to the specification and required documentation for the Economic Development Administration
(EDA) Grant Requirements.
1) EDA Contracting Provisions Construction
2) EDA Site Sign Written Specifications
3) Form CD-512 Certification Regarding Lobbying
4) Requirements for Affirmative Action
5) David -Bacon Rates
MP Nexlevel LLC 11/30/2023
BY:
(Nam
Bidder) (Date)
C
Title Robbi L. Pribyl, President
Official Address: (Including Zip Code):
500 County Road 37 East, Maple Lake, MN 55358
I.R.S. No. 30-0095149
FORM OF BID CONRACT NO. 1086
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Minnesota
) ss:
County of Wright
Robbi L. Pribyl , being first duly sworn, deposes and says that:
1 He is (Owner, Partner, Officer, Representative, or Agent) , of MP Nexlevel, LLC
, 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, of 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 refiain 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 pt ice of any other Bidder, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any
person interested in the Proposed Contract; and
5 The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives,
owners, employees, or parties in interest, includi g this affiant.
(Signed)
Robbi L. Pribyl, President
Title
Subscribed and sworn to before me this day of K)nve`MX , 20
My commission expires
0 \ I
20 2y
JENNY IYNN HAUGE
(` .. , ,i Notary Public
t .x
.4 ' 1• c.,{c Minnesota
My Commission Expires
„+ Jan 31, 2024
Bidder Status Form
To be completed by all bidders
Part A
°lease answer "Yes" or "No" for each of the following:
Yes O No
Yes ONo
eYes ONo
Yes ONo
OYes
My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
My company has an office to transact business in Iowa.
My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
My company is not a subsidiary of another business entity, or my company is a subsidiary of
another business entity that would qualify as a resident bidder in Iowa
If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please
complete Parts B and D of this form.
If you answered "No" to one or more questions above, your company is a nonresident bidder. Please
complete Parts C and D of this form.
To be completed by resident bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: to Address:
City, State, Zip:
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 C
1. 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
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.
N/A
Ovescj
You may attach additional sheet(s) if needed.
To be completed by all bidders
Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my
failure to provide accurate and truthful information may be a reason to reject my bid.
Firm Name: MP Nexlevel, LLC
Signature: %��' �i�- Date: 11/30/2023
Robbi L. Pribyl, President
You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156. This form has been approved by the Iowa Labor Commissioner.
309-6001 (09-15)
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
Q Yes ONo
c:) Yes
Q Yes
Yes
Yes
Q Yes
Q Yes
O Yes
Q Yes
Q Yes
Yes
My business is currently registered as a contractor with the Iowa Division of Labor.
My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes.
My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed
articles of dissolution.
My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa secretary of state, has filed
its most recent biennial report with the secretary of state, and has neither received a certificate of
withdrawal from the secretary of state nor had its authority revoked.
My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement have not been canceled.
My business is a limited liability partnership which has filed a statement of qualification in a
state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of
cancellation has not been filed.
My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state and has not filed a statement of termination.
My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability
limited partnership has received notification from the Iowa secretary of state that the application
for certificate of authority has been approved and no notice of cancellation has been filed by the
limited partnership or the limited liability limited partnership.
My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination.
My business is a limited liability company whose certificate of organization is filed in a state other
than Iowa, has received a certificate of authority to transact business in Iowa and the certificate
has not been revoked or canceled.
309-6001 (09-15)
Revised February 2003
CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM
Check box that applies to party completing program:
(
(
) General Contractor
) Subcontractor
Section A to be completed by GENERAL CONTRACTORS only:
A.
Name of Company
Address of Company Zip
Telephone Number ( )
Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number)
Name of Equal Employment Officer
Name of Project
Project Contract Number
Estimated Construction Work Dates /
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 PROGRAM Page I of 8
Section C - Remainder of program to be completed by party completing program, either Prime or
Subcontractor.
The Owners and/or Principals of your company:
Name
Ethnic
Address Position Sex Origin
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
11. 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.
B. 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 oppoi tunities 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 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. will give training
(Name of Company)
and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible.
AFFIRMATIVE ACTION PROGRAM Page 2 of 8
III. AFFIRMATIVE ACTION
A. recognizes that the effective application of a policy of
(Name ofCompany)
merit employment involves more than just a policy statement, and
(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. will undertake the following six (6) steps to improve
(Name ofCompany)
our Affii mative Action Program:
1. Minority Recruitment and Employment;
2. Local Recruitment and Employment;
3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment;
4. Handicapped Recruitment and Employment;
5. Female Recruitment and Employment; and
6. Training, Upgrading and Promotional Opportunities.
C. will take whatever steps are necessary to
(Name ofCompany)
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);
4. Job Service of Iowa; and
5. Other.
D. will seek qualified minority, female, and local group applicants
(Name of Company)
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 out 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. will encourage other companies, with whom we are
(Name ofCompany)
associated and/or do business, to do the same and we will assist them in their efforts.
AFFIRMATIVE ACTION PROGRAM Page 3 of 8
H. has taken the following Affirmative Action to ensure that
(Name ofCompany)
minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or
bid on this project: (if none, write "NONE")
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.
2.
J will require approved Affirmative Action Programs from
(Name of Company)
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 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. will keep records of specific actions relative to
(Name of Company)
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%)
(Name of Company)
Affirmative Action 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, ieasonably attainable by means of applying every good faith
effort to make all aspects of the entire Affirmative Action Program work."
For the year 201 , 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:
%
Goals for Women: %
*Your affirmative action goals should be between 1 % and 10% or more for minorities and 1 % and
5% or more for women.
AFFIRMATIVE ACTION PROGRAM Page 4 of 8
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 20 . 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
(WATERLOO)
NAME AND ADDRESS
JOB CATEGORY
RACE
SEX
HOURLY
WAGE
INDICATE:
DISABLED VETERAN: DV
VIETNAM ERA VETERAN: VV
HANDICAPPED: H
AFFIRMATIVE ACTION PROGRAM
Page 5 of8
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:
Company Executive
Date
By:
Equal Employment
Opportunity Officer
Date
City of Waterloo Affirmative Action Officer
Approved
Disapproved Reason:
By:
Date:
AFFIRMATIVE ACTION PROGRAM Page 6 of 8
DESCRIPTION OF JOB CATEGORIES
I. Officials/Manager: 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
kindi ed 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, draftspersons, 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.
Skilled Craft Workers: Workers perform jobs, which require special manual 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 repairmen, 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 salesmen, 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.
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 lifting,
digging, mixing, loading, and pulling operations and kindred workers.
AFFIRMATIVE ACTION PROGRAM Page 7 of 8
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-job): 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 PROGRAM Page 8 of 8
STATEMENT OF BIDDER'S OUALIFICATIONS
(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. I-Iow 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. I -lave you ever failed to complete any work awarded to you? If so, where and why?
9. I-Iave 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:
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.
S"I'A"i'EMENT OF BIDDERS QUALIFICATIONS Page i of 2
Dated at , this day of , 20
State of )
) ss:
County of
(Name of Bidder)
By:
Title:
, being duly sworn deposes and says that he is
of' and that the answers to the
(Name of Organization)
to the foregoing questions and all statements therein contained are true and correct.
Signature
Subscribed and sworn to before me this day of , 20
My commission expires
Notary Public
STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2
GENERAL SPECIAL PROVISIONS
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 2024 FIBER-OPTIC OUTSIDE PLANT (OSP) CONSTRUCTION,
ECONOMIC DEVELOPEMT ADMINSTRATION (EDA), Contract No 1086. , 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 are dated March,
7, 2023. They have the general title of WATERLOO EDA BACKBONE DESIGN (Attachment C)
All construction and materials shall be in accordance with the Iowa SUDAS Standard Specifications except
where noted in the SUDAS Supplemental Specifications, Special Provisions and or Estimate Reference
Notes.
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 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.
4. CONSTRUCTION DAMAGE
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.
5. 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 nonsalvageable 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
GENERAL SPECIAL PROVISIONS CONTRACT NO. 1086 Page 3 of 4
incidental to the item to which it applies. t.
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.
10. 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.
GENERAL SPECIAL PROVISIONS
CONTRACT NO. 1086 Page 4 of 4
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
14.
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.
TRAFFIC SIGNS AND STREET SIGNS
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.
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 he 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
GENERAL SPECIAL PROVISIONS
CONTRACT NO. 1086 Page 5 of 4
accordance with latest and best accident prevention practices. All such protection shall 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:
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 holidays on which the City is off without permissions of the
Engineer.
GENERAL SPECIAL PROVISIONS
CONTRACT 1086 Page 4 of 4
SUPPLEMENTAL SPECIFICATIONS TO THE SUDAS SPECIFICATIONS
DIVISION 1— GENERAL PROVISIONS AND COVENANTS
1010 — 1090
In lieu of SUDAS 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, SUBGRADE AND SUBBASE
2010, 1.08, D
2010, 1.08, E,4
2010, 1.08, F
2010, 1.08, G
2010, 1.08, J
2010, 1.08, K, 3
2010, 2.01
2010, 2.04, C, 6
2010, 2.04, D, 3
2010, 3.03 E
Measurement and Payment for Topsoil will be made in SY.
Stripping, salvaging and spreading of topsoil is included in TOPSOIL,4 INCHES,
ON OR OFF SITE bid item, per SY.
Below grade excavation will be determined in the field by the engineer and be
field measured and paid through the EXCAVATION, CLASS 10, BELOW GRADE bid
item. This bid item includes the removal of unsuitable or unstable subgrade
materials AND replacement with MODIFIED SUBBASE, paid perCY.
Subgrade Preparation, when directed by the Engineer, shall be measured in SY
and paid at the unit price of $1.50/SY as extra work.
Subbase will be paid by square yard (SY) of subbase placed based on plan
quantity per street and bid item thickness.
Removal of pipe and conduits shall include capping or plugging when
determined necessary in the field by the Engineer.
Both on site and off site topsoil may be used when complying with 2010, 2.01.
Geotextiles used shall be Geotextile Systems by Propex Geotex 350 ST, TenCate
Mirafi HP 370, or approved equal.
Recycled Modified Subbase certified material made from onsite PCC or certified
stockpile previously approved by the IDOT may be used.
After pavement removal, all subsequent construction operations must leave the
construction site in a condition that is graded to drain to existing intakes or
isolated areas, and if ponding occurs the contractor must pump the standing
water as soon as reasonable after a rainfall event has ended to prevent the
subgrade from becoming saturated. Pumped water must be directed through
approved sediment reduction measures before entering the storm sewer or
other drainage system.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 1 of 10
DIVISION 3 — TRENCH AND TRENCHLESS CONSTRUCTION
SECTION 3010 — TRENCH EXCAVATION AND BACKFILL
3010, 1.08, A, 8 and D See SPECIAL SUBGRADE MATERIAL in the Special Provisions for payment
regarding backfill material that is outside of the range specified for placement
and compaction or that is unsuitable.
3010, 3.01, D
ADD: Excavated material that has a greater than optimum moisture content, but
is otherwise acceptable shall not be considered unsuitable. The Contractor shall
either dry out the material to a suitable condition or furnish acceptable
material. Should the Engineer determine that the excavated material is not
suitable for backfill for the excavation the material shall be disposed of and
replaced with approved backfill material obtained by the Contractor from
another source, which could include material from other locations on the
project.
DIVISION 4 — SEWERS AND DRAINS
SECTION 4010-SANITARY SEWERS
4010, 1.08, A, 1, C Testing and inspection will be performed by City of Waterloo, Iowa, personnel.
4010, 1.08, E
The following are included in the pipe unit price or applicable items:
• Removal and disposal of existing pipe when 4 (four) feet or Tess 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
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.
4010, 2.01, C and E Corrugated Polyvinyl Chloride Pipe (PVC) shall be used for diameters 18" and
larger.
Polyvinyl Chloride Composite Pipe (truss type PVC) shall be used for
diameters 8"-15".
4010, 2.04, A PVC Main 1.a and 1.c apply. Inserta Tees®, or equal, may be used only in the
200 block of Webster Street for connecting services to the existing 36" concrete
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 2 of 10
4010, 2.04, B
4010, 3.02, B
main.
PVC Composite Main la. applies with preformed wye or tee fittings.
ADD THE FOLLOWING ITEMS
1. 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.
2. When connecting to existing truss pipe, a truss to trussGASKETED
REPAIR COUPLING shall be used.
3. Provisions shall be made for maintaining sewerage flow in all
"upstream" sections of the system
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 (291-4553) 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
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT NO. 1086
Page 3 of 10
the installation.
4010, 3.02, 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, 3.06, A
Premade Tees and Wyes are required on 8-inch diameter through 15-inch
diameter sanitary mains. Connect temporarily 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. The Contractor
may construct the entire required length of the stub at the time of main
construction.
DIVISION 4 — SEWERS AND DRAINS
SECTION 4020-STORM SEWERS
4020, 1.08, 1, c Inspection and testing to be completed by the City of Waterloo, Iowa.
4020, 2.01
Only reinforced concrete storm sewer pipe and reinforced concrete storm
sewer pipe aprons are permitted. Only Rubber 0 Ring or Profile gasket joints
are permitted.
4020, 3.05, B Only Rubber 0 Ring or Profile gasket joints are permitted.
4020, 3.11 Inspection and testing to be completed by the City of Waterloo, Iowa.
DIVISION 4 — SEWERS AND DRAINS
SECTION 4040-SUBDRAINS AND FOOTING DRAINS
4040, 2.02 Only Case B Type 1 Longitudinal Subdrains are permitted. (Detail 4040.231)
4040, 3.03
Footing Drain Service Stubs shall extend a minimum of 5 (five) feet from back of
curb. The end shall be capped water tight and a 3 (three) foot long minimum
size 114 rebar or standard steel T post placed vertically at the end of the service.
Figure 4040.231 Only Case B Type 1 Longitudinal Subdrains are permitted.
Figure 4040.233 Use CMP outlet and Removable Grate rodent guard.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 4 of 10
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
SECTION 5010 — PIPE AND FITTINGS
5010, 1.08, E, 3
5010, 2.07, B
5010, 2.07, C
Water service Curb Stop and Curb Box will be measured and paid as separate
items.
K-Copper pipe shall be used for water services.
Corporation Valves shall meet ANSI/AWWA C800 (COMPRESSION TYPE) AY
McDonald or Mueller 300 ball style rated for minimum 300 PSIG water pressure.
Ball Curb Valves (Curb Stops) shall meet ANSI/AWWA C800 (COMPRESSION
TYPE) AY McDonald or Mueller 300 ball style rated for minimum 300 PSIG water
pressure.
Stop Boxes (Curb/Pave Boxes) Arch Pattern shall meet ANSI/AWWA C800
Mueller H-10314, AY McDonald 5601, 5603, or equal with 5'0" stainless steel
shut off rod and cotter pin.
Service Pipe (K Copper).
DIVISION 6 — STRUCTURES FOR SANITARY AND STORM SEWERS
SECTION 6010 - STRUCTURES FOR SANITARY AND STORM SEWERS
6010, 1.08, D
Casting Extension Rings will be considered incidental to manhole construction.
In lieu of extension rings for intakes, extension shall be poured integral with
boxouts. See Modified SW-514 in plans.
6010, 1.08, E Manhole Adjustment, Minor will follow this SUDAS Supplemental specification as a pay item
per Each. The new manhole casting to be furnished includes a new "Sanitary Sewer" or "Storm Sewer"
City of Waterloo cover, as applicable. If an existing sanitary manhole does not have the vertical segment
at the top of the cone for installation of an interior infiltration barrier, approved sealant on clean surfaces
shall be used to provide a watertight connection. Bid Items MINOR ADJUSTMENT, INTAKE, SW- 501 and
MINOR ADJUSTMENT, INTAKE, SW-505 include new intake castings with the existing castings being
promptly delivered to the City of Waterloo Waste Management yard Minor adjustments shall not allow
extension rings for intakes. The extension shall be poured integral with boxouts. See Modified SW- 514 in
plans.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 5 of 10
6010, 1.08, H
6010, 2.05, B, 1
6010, 2.05, B, 2, b
6010, 2.10, D, 1
6010, 2.11, Al 2
6010, 3.01 K
6010, 3.01, F, 1
6010, 3.07
6010, 3.08
Remove Manhole or Intake will include complete removal of the structure and
backfilling the area as required to complete the construction in the area where
the structure was removed.
Rubber 0-Ring or Profile Gaskets will be used for Precast Riser Joints.
6010, 2.05, B, la is acceptable; Engineering Fabric Wrap shall not be used.
Fixed Manhole Casting Types will be used for both sanitary and storm manholes
with City of Waterloo covers required for all manholes.
Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary
manholes.
Only Internal Chimney Seal Infiltration Barriers will be used on new sanitary
manholes.
Install only Rubber 0-ring or Profile Gaskets
Remove Manhole or Intake will include complete removal ofthe structure.
Vacuum testing will not be required on new sanitary manholes.
DIVISION 7 STREETS AND RELATED WORK
SECTION 7010 — PORTLAND CEMENT CONCRETE PAVEMENT
7010, 1.08, A, 3
7010, 3.02, F
7010, 3.02, I, 5
7010, 3.02, J
7010, 3.02, K
7010, 3.03, B
7010, 3.07, A
When cold weather protection or linseed oil is applied, measurement and
payment will be per SY.
The use of a paving machine will be required on all sections of mainline paving
150 feet or more in length.
Burlap Drag Surface Texture is required.
For Portland Cement Concrete Placement after August 31, Surface Curing shall
include application of linseed oil at a rate of 15 SY per gallon. A curing
compound/linseed oil combination product may be used. If used, material shall
conform to W.R. MEADOWS LIN-SEAL
compound or approved equal.
TM
WHITE Curing and Anti-spalling
Figure 7010.101/Standard Road Plan PV-101, Details A, B and C, Sheet 2 of 8,
shall apply to joint sealing.
Hand finish methods may be used for curb and gutter sections 150 feet or less in
length.
Material Testing for Plastic and Hardened Concrete will be performed by the City
of Waterloo, Iowa.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 6 of 10
SECTION 7020 — HOT MIX ASPHALT PAVEMENT
7020, 1.08, B
7020, 1.08, J
7020, 1.08, K
7020, 2.02
7020, 2.03, A
7020, 2.03, B
7020, 3.01, G
7020, 3.02, D, 2
7020, 3.02, D, 6
Allowable percentage of RAP in the mix will be as shown in IDOT I.M. 510,
Appendix C.
If the contractor wishes to use RAP in the production of HMA, the contractor will
provide to the City documentation showing that the RAP is either Unclassified or
Classified. Documentation will meet the requirements of IDOT section 2303, IM
505 and IM 510. The City will not do gradation or extraction tests on the RAP to
determine the amount of asphalt binder present in the RAP. The contractor can
have the samples sent to an independent lab or send the samples to the IDOT for
extraction and gradation tests. Contractor tests results on the RAP to determine
classified status will not be accepted. The contractor and the City will work
together to take samples. All test results will be provided to the City. If
documentation can't be provided, the RAP will be treated as unclassified.
RAP to be used in the production of HMA will be included in the JMF. The
contractor will take the RAP into account during the mix design as described in
IDOT Section 2303 and IM 505. If the contractor wishes to use RAP in the HMA
mixture, the contractor will provide documentation for the status of the RAP to
be used.
Surface Fixture Adjustments such as Water or Gas Valve Boxes — "Minor Fixture
Adjustment" shall be considered incidental to applicable items.
Sawing ONLY for pavement removal will be measured and paid by linear foot.
Resawing due to negligence of contractor shall not be paid by the City. All of the
asphalt removed from this project is to be the property of the Contractor.
Use of warm mix asphalt (WMA) is not allowed.
See Supplemental Specification for 7020, 1.02, B and 7020, 1.05, B.
No recycled asphalt shingles (RAS) will be allowed.
Will be modified as follows: For base and intermediate lifts, any mix on any
street per stage per day, over 400 feet in length or over 1200 SY in area will
require QMA. For base and intermediate lifts over 100 tons per street per stage
per day will require a hot box sample and gradation, unless otherwise waived by
the Engineer. For surface courses and base and intermediate quantities less than
those required for QMA, field densities will be checked by the City using the City's
density gauge.
Maximum compacted thickness of any lift will be three (3) inches.
Multiple lifts of asphalt will not be allowed on the same street on the same day
until existing HMA has reached an ambient temperature with its surroundings
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 7 of 10
prior to the placement of the next layer of HMA. The Engineer may waive this
requirement.
7020, 3.06, A The City may conduct the tests, hire an independent testing laboratory, or use
the Contractor's test results. Density for all streets will be a minimum of94%.
7020, 3.06, A, 2
The City will not prepare the mix designs. The Contractor will have mix designs
approved by the IDOT or independent lab. Any HMA produced prior to submittal
of JMF's and material certifications will not be paid for.
7020, 3.06, A, 3, b, 1 Binder will be accepted based on supplier's shipment certification.
7020, 3.06, A, 3 b 6 No split samples for agency correlation are required.
7020, 3.06, B, 3 Will be modified as follows: For base and intermediate lifts, any mix on any
street per stage per day, over 400 feet in length or over 1200 SY in area will
require QMA. For base and intermediate lifts over 100 tons per street per stage
per day will require a hot box sample and gradation, unless otherwise waived by
the Engineer. For surface courses and base and intermediate quantities less than
those required for QMA, field densities will be checked by the City using the City's
density gauge.
SECTION 7030 — SIDEWALKS, SHARED USE PATHS AND DRIVEWAYS
7030, 1.08, A, 3 Sawing for removal of sidewalk will be incidental to sidewalkremoval.
7030, 1.08, E, 3 Testing, when required, will be performed by the City of Waterloo Engineering
Department personnel.
7030, 1.08, H, 1, C Testing, when required, will be performed by the City of Waterloo Engineering
Department personnel.
7030, 2.07 Detectable Warning Surfaces shall be cast iron. Approved vendors include:
MetaDome, LLC — MetaCast; EJ Group, Inc. — Detectable Warning Plates; Neenah
Foundry Company
7030, 3.01, E Grinding of curbs for sidewalk ramps or driveway approaches will not be allowed.
7030, 3.04, B, 3
7030, 3.04, D
7030, 3.07
7030, 3.11
City of Waterloo, Iowa, driveway and sidewalk standard details included in the
plans shall be used.
Curing is required as per City of Waterloo, Iowa, standard sidewalk and driveway
specifications.
City of Waterloo, Iowa, driveway and sidewalk standard details included in the
plans shall be used for placement of Detectable Warning Installation.
Material Testing will be performed by the City of Waterloo Engineering
Department.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 8 of 10
SECTION 7040 - PAVEMENT REHABILITATION
7040, 1.08, A
7040, 1.08, H
7040, 1.08,
Sawing for pavement removal ONLY will be measured and paid per linear foot.
Sawing for pavement removal ONLY will be measured and paid per linear foot.
Pavement Removal includes PCC Paving and Composite Paving, including curb
and gutter sections. Asphalt Pavement Removal includes full depth asphalt paving
sections and curb and gutter sections where it exists on a full depth asphalt street.
Curb and gutter removal is for isolated locations of removal and does not include
curb and gutter removed under 7040, 1.08, H.
7040, 1.08, L Sampling and Testing will be performed by the City of Waterloo, Iowa,
Engineering Department.
DIVISION 8 - TRAFFIC CONTROL
SECTION 8020 - PAVEMENT MARKINGS
8020, 2.01
Precut legends and symbols, including cross walk bars, shall be precut
preformed polymer or thermoplastic materials conforming to PreMark° by Flint
Trading, Inc., or equal. The Contractor shall install the precut legends and
symbols as per manufacturer's specifications. Installation of the precut symbols
or legends shall also require grinding of the area 1/8 inch below the plane of the
pavement surface and treating the ground area with a sealer prior to placement
of the symbols or legends.
The Contractor shall work with the City Sign and Traffic Department to
determine exact placement of all markings and symbols in the field.
SECTION 8030 - TEMPORARY TRAFFIC CONTROL
8030, 1.08, A
Detour signing will be paid on a LUMP SUM basis for each detour identified in the
plans.
Temporary directional signing for alternate routes to businesses will be
constructed as per details and installed at locations as shown in the plans.
Payment will be based on a per EACH basis and will include providing the signs,
installing, maintaining and removing the signs as needed during the course of the
project.
DIVISION 9 - SITE WORK AND LANDSCAPING
SECTION 9010 - SEEDING
9010, 1.08, B Seeding, Fertilizing and Mulching for Hydraulic Seeding will be measured and paid
in SY.
SUPPLEMENTAL SUDAS SPECIFICATIONS
CONTRACT NO. 1086 Page 9 of 10
9010, 1.08, E
Warranty for Seeding, Fertilizing and Mulching for Hydraulic Seeding will be
measured and paid in SY. Locations are to be determined based on field
conditions. Warranty applies to situations where a rainfall has washed off the
hydroseeding prior to seed growth being established and does not apply to
hydroseeding done outside of specified seeding windows or lack of growth due
to adjacent property owner not watering.
SECTION 9040 — EROSION AND SEDIMENT CONTROL
9040, 1.08, T, 1
9040, 1.08, T, 2
Inlet Protection Device will include the intermediate protection (prior to paving)
as per detail included in the plans, as well as Drop In Intake Protection or Surface
Applied Intake Protection. This item includes initial installation and final removal
of the inlet protection devices.
Maintenance of Inlet Protection Devices will include maintenance (clean out of
device and reinstallation) from initial installation of intermediate protection up
to removal after vegetation has been established. Maintenance will also include,
when and where required, removal prior to winter conditions and replacement
in the spring if vegetation has not been established.
DIVISON 11 - MISCELLANEOUS
SECTION 11,030 — TEMPORARY SERVICES DURING CONSTRUCTION
11,030, 108, A Maintenance of Postal Service will be considered incidental to applicable items.
Detail 11030.101 will be used for temporary mailboxes.
SUPPLEMENTAL SUDAS SPECIFICATIONS CONTRACT NO. 1086 Page 10 of 10
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 i epresentative.
6. SUBCONTRACTOR. Any person, firm, of corporation who has, with the approval of
the Council, contracted with the Contractor to execute and pet form 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.
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.
1 1. 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.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 1 of 14
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 foi 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 per iod 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 ate required by law to be published in a
prescribed manner and that have actually 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 Conti act 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 tansportation 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.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 2 of 14
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 mate► ials
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.
5. ALTERATION OR CORRECTION OF PLANS. 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 sane.
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 seivice. The rules, regulations, and water rates are available at
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 3 of 14
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 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 woik 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 al ise
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 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.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 4 of 14
If the specifications, the Engineer's instructions, law ordinances, or any public authority
require any work and/oi 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 repott 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 failute or infringement; but such inspection shall not relieve the
Contractor ft om 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 Conti actor 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 requit ements of these
specifications. The Inspector shall, in no case, act as foreman or perform other duties fot 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 author ity to stop the work whenever such stoppage may be necessary
to insure the prope► execution of the Contract. He shall also have authority to reject any work
and/or materials which do not conform to the specif►cations, to direct the application of forces to any
poi tion 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.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 5 of 14
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 give, work done beyond lines shown on the plans or as given, except as herein p► ovided, or
any extra or additional work done without authority, will be considered as unauthorized and at the
expense of the Contactor 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.
8. REMOVAL OF 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 a part of the work, shall be fir► nished 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 Conti act, 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.
GENERAL, SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 6 of 14
1 1. CHARACTER OF WORKMEN AND EOUIPMENT. 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 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 laboremployed, 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 a 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 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.
GENERAL SPECS FOR CONSTRUCTION
CON"I'RACI' NO. 1086 Page 7 of 14
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 man in charge of
any office used by the Conti actor or his foreman or agent at or near the work, or deposited in the
post office, postpaid, 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 pet iod, 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 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.
GENERAL SPECS FOR CONSTRUCTION
CON'I'RAC"I' NO. 1086 Page 8 of 14
9. REMOVAL OF EOUIPMENT. 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 mate► ials, 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.
3. PAYMENT FOR EXTRA 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 undei 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 Contractoi 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.
GENERAL SPECS FOR CONSTRUCTION
CONI'RACI' NO. 1086 Page 9 of 14
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.
5. CLAIMS FOR EXTRA COMPENSATION. 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 Contactor 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 erro►s 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.
Before action by the City Council upon such completion report, the 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
pe► cent (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 provided in Article 6, Section E hereof, shall be waived, and no such claim shall
thereafter be asserted against the City.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 10 of 14
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 ofthe
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 of 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.
3. 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 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 dui ing 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. 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:
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 1 1 of 14
Comprehensive General Liability Insurance
General Aggregate Limit
Products —Completed Operations
Aggregate Limit
Each Occurrence Limit
Comprehensive Automobile Liability
Insurance
$ 5,000,000.00
$ 5,000,000.00
$ 5 ,000,000.00
$ 1,000,000.00
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 ceitificates 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, 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 obse► vance 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 wi itten 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.
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 12 of 14
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.
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 is 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.
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
GENERAL SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 13 of 14
surety thereon satisfactory and acceptable to the City, to ensure 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 ►n 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 requi►ements of
his bond, after the work has been completed and f►nally accepted and final estimates have been
allowed and the completion report of the engineer has been f►led 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
certif►cate 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 waive► 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 SPECS FOR CONSTRUCTION
CONTRACT NO. 1086 Page 14 of 14
SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION
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.
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 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 for mal contract is entered into for such materials.
SUPP GEN SPECS FOR CONSTRUCTION Page 1 of 1
FORM OF CONTRACT
FOR THE CONSTRUCTION OF
FY 2024 FIBER-OPTIC OUTSIDE PLANT (OSP)
CONSTRUCTION, ECONOMIC DEVELOPMENT
ADMINSTRATION (EDA) AWARD NUMBER 05-79-
06185
CITY OF WATERLOO, IOWA
CONTRACT NO. 1086
This contract made and entered into this day of , 20 , by and between the City ofWaterloo, Iowa,
a Municipal Corporation, (hereinafter referred to as City), and of,
(hereinafter referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the
PAR. 2
PAR. 3
PAR. 4
PAR. 5
PAR. 6
and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for
in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor -sr
proposal, which was accepted by the City, and which is understood and agreed to be a part of this
contract.
It is understood and agreed that the resolution adopted by the City Council ordering the construction of
the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of
Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and
the Plans and Specifications shall all be considered as forming a part of the contract the same as though
they were each set out in said contract.
The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said
work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference, and to the satisfaction and approval of the City and its engineer.
The Contractor agrees to perform said work and install said improvements on the terms set out in bid
or proposal to the City which has been accepted by the City and which is by reference made a part of
this contract.
The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to
Proceed" and complete it on or before , unless an extension of time is granted
in writing by the Council of theCity.
Should the Contractor fail to complete said improvements in strict accordance with the terms and
conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,
the City may pay such additional sums as it may be required to pay by reason of the failure of said
contractor and deduct any and all such sums from any amount then due the Contractor.
FORM OF CONTRACT Page 1 of 4
PAR. 7
PAR. 8
PAR. 9
PAR. 10
PAR. 11
PAR. 12
PAR. 13
The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the
City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor, or his agents,
while work is done pursuant to this agreement.
The Contractor agrees that in the event a law suit is brought against the City for damages allegedly
sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of
any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug
by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit
and save the City harmless therein, and in case judgment is rendered against the City, the Contractor
agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent
company in a sufficient amount to protect the City and those who use the streets of the City.
The City shall have the right to appoint one or more construction reviewers who shall review the
progress of the work in detail; also, to make any test or any material to be used in such work. No
material shall be used in any work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon all materials and upon the
manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work
shall be final unless it is revoked or modified by the City Engineer.
Any material, which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used without
the written consent of the City Engineer.
The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion
of the job as was lost by reason of the delay caused by the City.
The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who
shall perform labor or furnish materials entering into this improvement. It is agreed that the City need
not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not
be liable for said labor, material, or men under thiscontract.
The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be
provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for
the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract.
Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and
is by reference made a part ofthis contract.
FORM OF CONTRACT Page 2 of 4
PAR. 14
PAR. 15
The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof
for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with
said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address
given herein by the City, or after such notice has been served on it, then the City may proceed to
complete said work, using any material, tools, or machinery found along said line of work, doing the
work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable
to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in an action
upon Contractor's bond.
In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,
and conditions hereof, or contained in the various instruments made a part of this contract by reference,
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed
and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the
City.
FORM OF CONTRACT Page 3 of 4
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's
unit bid prices, and for which 100% surety bond is required is $
PAR. 17
After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove
the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various
instruments incorporated by reference, this contract shall govern.
PAR. 19
PAR. 20
PAR. 21
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.
The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from
and after the date it is accepted by the Council of the City of Waterloo, Iowa Said maintenance shall be
made without expense to the City or the abutting property. In the event of the failure or default of the
Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the
date of its acceptance by said Council, and after having been given ten (10) days notice so to do by
registered letter deposited in the United States Post Office in said town, addressed to said contractor at
the address herein given, then the City may proceed to remedy such defects. The costs and expenses
thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action
brought in any court of competent jurisdiction.
The Contractor shall give notice to said City by registered letter directed to the Mayor or City
Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of
the term during which the Contractor is required to maintain said improvements, in good repair by the
terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of
the said improvements shall continue until three (3) months after such notice has been given to the City,
and, in any event, until two (2) years after the acceptance of the work.
CITY OF WATERLOO, IOWA
Mayor
City Clerk
Contractor
BY:
Title:
Approved by the City Council of the City of Waterloo, Iowa, this
day of , 20 .
ATTEST: , City Clerk
Waterloo, Iowa
FORM OF CONTRACT Page 4 of 4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, of
(the "Principal"), and of (the
"Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of
Dollars ($ ), lawful money of the
United States, for the payment of said sum in connection with a contract (the "Contract") dated on of about
for the purpose of
. The Contract is incorporated herein by reference as though fully set forth
herein.
Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having
performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy
the default, or shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon
determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee
elects, upon determination by the Obligee and the Surety Jointly of the lowest responsible bidder, or
negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make
available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract
price. The cost of completion includes responsibilities of the Principal for correction of defective work and
completion of the Contract, the Obligee's legal and design professional costs resulting directly from the
Principal's default, and liquidated damages or actual damages if no liquidated damages ale specified in the
Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the
Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee
to the Principal; or
3 Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as
practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from
and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each
and all of the following matters, without notice:
1. To any extension of time to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change does not involve an increase
of more than twenty percent (20%) of the total Contract price and shall then be released only as to such
excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1)
year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship
or material not discovered or known to the Obligee at the time such work was accepted.
If the Principal performs the Contract, then this bond shall be null and void; otherwise, it shall remain in full force and
effect. In no event shall the Surety's total obligation exceed the penal amount of this bond.
PEFORMANCE BOND Page 1 of 2
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter
gender.
IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond asof
PRINCIPAL SURETY
Name Name
By: By:
Title: Title:
[attach Power of Attorney]
NOTE• Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PEFORMANCE BOND Page 2 of 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal, and,
(Corporation, Partnership or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the penal sum of
Dollars,($ ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly
and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal
entered into a certain contract with the OWNER, dated the day of
20 , a copy of which is hereto attached and made a part hereof for the construction of:
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firths, SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such
contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such
WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the conttact or to the WORK to be performed thereunder or
the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the conttact or to
the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
PAYMENT BOND Page I of 2
IN WITNESS HEREOF, this instrument is executed in counterparts, each one of which,
shall
(n
unl
ber
be deemed an original, this the day of
20
ATTEST:
(Principal) Secretary
(SEAL)
(Principal)
By: (s)
(Address)
Witness as to Principal
(Address)
ATTEST: By: _
Surety
Attorney -in -Fact
Witness as to Surety (Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current
list (Circular 570 as amended) and be authorized to transact business in the State where the project is
located.
Economic Development Administration
Contracting Provisions for Construction Projects
OMB Number: 0610-0096
Expiration Date: 01/31/2025
U. S. DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
EDA CONTRACTING PROVISIONS
FOR CONSTRUCTION PROJECTS
These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are
intended for use by recipients receiving federal assistance from the U. S. Department of
Commerce - Economic Development Administration (EDA). They contain provisions specific to
EDA and other federal provisions not normally found in non-federal contract documents. The
requirements contained herein must be incorporated into all construction contacts and
subcontracts funded wholly or in part with federal assistance from EDA.
Economic Development Administration
Contracting Provisions for Construction Projects
TABLE OF CONTENTS
1. Definitions
2. Applicability
3. Federally Required Contract Provisions
4. Required Provisions Deemed Inserted
5. Inspection by EDA Representatives
6. Examination and Retention of Contractor's Records
7. Construction Schedule and Periodic Estimates
8. Contractor's Title to Material
9. Inspection and Testing of Materials
10. "OR EQUAL" Clause
11. Patent Fees and Royalties
12. Claims for Extra Costs
13. Contractor's and Subcontractor's Insurance
14. Contract Security Bonds
15. Labor Standards - Davis -Bacon and Related Acts
16. Labor Standards - Contract Work Hours and Safety Standards Act
17. Equal Employment Opportunity
18. Contracting with Small, Minority and Women's Businesses
19. Health, Safety and Accident Prevention
20. Conflict of Interest and Other Prohibited Interests
21. New Restrictions on Lobbying
22. Historical and Archaeological Data Preservation
23. Clean Air and Water
24. Use of Lead -Based Paints on Residential Structures
25. Energy Efficiency
26. Environmental Requirements
27. Debarment, Suspension, Ineligibility and Voluntary Exclusions
28. EDA Project Sign
29. Buy America
Economic Development Administration
Contracting Provisions for Construction Projects
1 DEFINITIONS
Agreement - The written instrument that is evidence of the agreement between the Owner and
the Contractor overseeing the Work.
Architect/Engineer - The person or other entity engaged by the Recipient to perform
architectural, engineering, design, and other services related to the work as provided for in the
contract.
Contract - The entire and integrated written agreement between the Owner and the Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
Contract Documents - Those items so designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract Documents.
Contractor - The individual or entity with whom the Owner has entered into the Agreement.
Drawings or Plans - That part of the Contract Documents prepared or approved by the
Architect/Engineer that graphically shows the scope, extent, and character of the Work to be
performed by the Contractor.
EDA - The United States of America acting through the Economic Development Administration
of the U.S. Department of Commerce or any othet person designated to act on its behalf. EDA
has agreed to provide financial assistance to the Owner, which includes assistance in financing
the Work to be performed under this Contract. Notwithstanding EDA's role, nothing in this
Contract shall be construed to create any contractual relationship between the Contractor and
EDA.
Owner - The individual or entity with whom the Contractor has entered into the Agreement and
for whom the Work is to be performed.
Project - The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
Recipient - A non -Federal entity receiving a Federal financial assistance award directly
from EDA to carry out an activity under an EDA program, including any EDA-approved
successor to the entity.
Specifications - That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto.
Subcontractor - An individual or entity having direct contract with the Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
Economic Development Administration
Contracting Provisions for Construction Projects
Work - The entire construction or the various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction and
furnishing, installing, and incorporating all materials and equipment into such construction, all as
required by the Contract Documents.
2. APPLICABILITY
The Project to which the construction work covered by this Contract pertains is being assisted by
the United States of America through federal assistance provided by the U.S. Department of
Commerce - Economic Development Administration (EDA). Neither EDA, nor any of its
departments, entities, or employees is a party to this Contract. The following EDA Contracting
Provisions are included in this Contract and all subcontracts or related instruments pursuant to
the provisions applicable to such federal assistance from EDA.
3. FEDERALLY REOUIRED CONTRACT PROVISIONS
(a) All contracts in excess of the simplified acquisition threshold - currently fixed at $150,000
(see 41 U.S.C. §§ 134 and 1908) must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as may be appropriate.
(b) All contracts in excess of $10,000 must address termination for cause and for convenience
by the Recipient including the manner by which it will be effected and the basis for settlement.
(c) All construction contracts awarded in excess of $10,000 by recipients of federal assistance
and their contractors or subcontractors shall contain a provision requiring compliance with
Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended
by Executive Order 11375 of October 13, 1967, and Department of Labor implementing
regulations at 41 C.F.R. part 60.
(d) All prime construction contracts in excess of $2,000 awarded by Recipients must include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141-3148) as suppletnented
by Department of Labor regulations at 29 C.F.R. part 5. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. § 874 and 40
U.S.C. § 3145) as suppletnented by Department of Labor regulations at 29 C.F.R. part 3.
(e) All contracts awarded by the Recipient in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704
(the Contract Work Hours and Safety Standards Act) as supplemented by Department of Labor
regulations at 29 C.F.R. part 5.
(f) All contracts must include EDA requirements and regulations that involve a requirement on
the contractor or sub -contractor to report information to EDA, the Recipient or any other federal
agency.
Economic Development Administration
Contracting Provisions for Construction Projects
(g) All contracts must include EDA requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course of or
under such contract.
(h) All contracts must include EDA requirements and regulations pertaining to copyrights and
rights in data.
(i) All contracts and subgrants in excess of $150,000 must contain a provision that requires
compliance with all applicable standards, orders, o► requirements issued under the Clean Air Act
(42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act (Clean Water Act) (33
U.S.C. § 1251 et seq.), and Executive Order 11738, Providing for Administration of the Clean
Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants,
or Loans.
0) Contracts must contain mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 U.S.C.§ 6201).
(k) Contracts must contain a provision ensuring that contracts are not to be made to parties on the
government wide Excluded Parties List System in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. part 180.
(1) Contracts must contain a provision ensure compliance with the Byrd Anti -Lobbying
Amendment (31 U.S.C. § 1352) under which contractors that apply or bid for an award of
$100,000 or more must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non -Federal award.
(m) If the Recipient is a state agency or agency of a political subdivision of a state, any
contract awarded must contain a provision ensuring compliance with section 6002 of the Solid
Waste Disposal Act (42 U.S.C. § 6962), as amended by the Resource Conservation and
Recovery Act ►elated to the procurement of recovered materials.
4. REOUIRED PROVISIONS DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall
be deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if though mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the contract shall forthwith be
physically amended to make such insertion of correction.
Economic Development Administration
Contracting Provisions for Construction Projects
5. INSPECTION BY EDA REPRESENTATIVES
The authorized representatives and agents of EDA shall be permitted to inspect all work,
materials, payrolls, personnel records, invoices of materials, and other relevant data and records.
6. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
(a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly
authorized representatives shall, generally until three years after final payment under this
contract, have access to and the right to examine any of the Contractor's directly pertinent books,
documents, papers, or other records involving transactions related to this contract for the purpose
of making audit, examination, excerpts, and transcriptions.
(b) The Contractor agrees to include in first -tier subcontracts under this contract a clause
substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes
purchase orders that do not exceed $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to
(1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims arising
from the performance of this contract, o► (3) costs and expenses of this contract to which the
Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken
exception shall continue until disposition of such appeals, litigation, claims, or exceptions.
7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediately after execution and delivery of the contract, and before the first partial payment is
made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a
form satisfactory to the Owner, showing the proposed dates of commencement and completion
of each of the various subdivisions of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due to the Contractor in
accordance with the progress schedule. The Contractor also shall furnish the Owner (a) a
detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereon. The costs employed
in making up any of these schedules will be used only to determine the basis of partial payments
and will not be considered as fixing a basis for additions to or deductions from the contract price.
8. CONTRACTOR'S TITLE TO MATERIAL
No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any
subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants and guarantees
that he/she has good title to all work, materials, and equipment used by him/her in the Work, free
and clear of all liens, claims, or encumbrances.
Economic Development Administration
Contracting Provisions for Construction Projects
9. INSPECTION AND TESTING OF MATERIALS
All materials and equipment used in the completion of the Work shall be subject to adequate
inspection and testing in accordance with accepted standards. The laboratory or inspection
agency shall be selected by the Owner. Materials of construction, particularly those upon which
the strength and durability of any structure may depend, shall be subject to inspection and testing
to establish conformance with specifications and suitability for intended uses.
10. "OR EQUAL" CLAUSE
Whenever a material, article, or piece of equipment is identified in the Contract Documents by
reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is
intended merely to establish a standard. Any material, article, or equipment of other
manufacturers and vendors that will perform adequately the duties i►nposed by the general design
will be considered equally acceptable provided the material, article, or equipment so proposed is,
in the opinion of the Architect/Engineer, of equal substance and function. However, such
substitution material, article, or equipment shall not be purchased or installed by the Contractor
without the Architect/Engineer's written approval.
11. PATENT FEES AND ROYALTIES
(a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device that is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of Owner or
Architect/Engineer, its use is subject to patent rights or copyrights calling for the payment of
any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner
in the Contract Documents.
(b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and
hold harmless the Owner and the Architect/Engineer, and the officers, directors, partners,
employees, agents, consultants, and subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any infringement of patent rights or copyrights
incident to the use in the performance of the Work of resulting from the incorporation in the
Work of any invention, design, process, product, or device not specified in the Contract
Documents.
12. CLAIMS FOR EXTRA COSTS
No claims for extra work or cost shall be allowed unless the same was done in pursuance of a
written order from the Architect/Engineer approved by the Owner.
Economic Development Administration
Contracting Provisions for Construction Projects
13. CONTRACTORS AND SUBCONTRACTORS INSURANCE
(a) The Contractor shall not commence work under this Contract until the Contractor has
obtained all insurance reasonably required by the Owner, nor shall the Contractor allow any
subcontractor to commence work on his/her subcontract until the insurance required of the
subcontractor has been so obtained and approved.
(b) Types of insurance normally required are:
Workers' Compensation
Contractor's Public Liability and Property Damage
Contractor's Vehicle Liability
Subcontractors' Public Liability, Property Damage and Vehicle Liability
Builder's Risk (Fire and Extended Coverage)
(c) Scope of Insurance and Special Hazards: The insurance obtained, which is described
above, shall provide adequate protection for the Contractor and his/her subcontractors,
respectively, against damage claims that may arise from operations under this contract, whether
such operations be by the insured or by anyone directly or indirectly employed by him/her and
also against any of the special hazards that may be encountered in the performance of this
Contact.
(d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates, and dates of expiration of
applicable insurance policies.
14. CONTRACT SECURITY BONDS
(a) If the amount of this Contract exceeds $150,000, the Contactor shall furnish a performance
bond in an amount at least equal to one hundred percent (100%) of the Contract price as security
for the faithful performance of this Contract and also a payment bond in an amount equal to one
hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by
State, Territorial, or local law, as security for the payment of all persons performing labor on the
Work under this Contract and furnishing materials in connection with this Contract. The
performance bond and the payment bond may be in one or in separate instruments in accordance
with local law. Before final acceptance, each bond must be approved by EDA. If the amount of
this Contract does not exceed $150,000, the Owner shall specify the amount of the payment and
performance bonds.
(b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise
provided in applicable laws or regulations, and shall be executed by such sureties as are named
in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570
(atnended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the
Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's
Economic Development Administration
Contracting Provisions for Construction Projects
1
authority to act. Surety companies executing the bonds must also be authorized to transact
business in the state where the Work is located.
15. LABOR STANDARDS - DAVIS-BACON AND RELATED ACTS
(as required by section 602 of PWEDA)
(a) Minimum Wages
(1) All laborers and mechanics employed or working upon the site of the Work in the
construction or development of the Project will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor
undei the Copeland Act at 29 C.F.R. part 3, the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at the time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor, which is
attached hereto and made a part hereof, regardless of any contractual relationship that
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R.
§ 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein, provided that the
employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates determined under 29 C.F.R. § 5.5(a)(1)(ii) and the Davis -
Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2) (i) Any class of laborers or mechanics to be employed under the Contract, but not
listed in the wage determination, shall be classified in conformance with the wage
determination. EDA shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(A) The work to be performed by the classification requested is not performed by
a classification in the wage determination;
(B) The classification is utilized in the area by the construction industry; and
(C) The proposed wage rate, including any bona fide fringe benefits, bears a
Economic Development Administration
Contracting Provisions for Construction Projects
reasonable relationship to the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and EDA or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by EDA or its designee to
the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210.
(iii) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and EDA or its designee do not agree on the
proposed classification and wage rate (including the atnount designated for fringe
benefits, where appropriate), EDA or its designee shall refer the questions, including
the views of all interested parties and the recommendation of EDA or its designee, to
the Administrator for determination.
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, provided, that the Secretat y of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the tneeting of obligations under the plan or program.
(b) Withholding
EDA or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other federal contract with the same prime Contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers,
employed by the Contractor or any subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee
or helper employed or working on the site of the Work in the construction or development of the
Project, all or part of the wages required by the Contract, EDA or its designee may, after written
notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations
Economic Development Administration
Contracting Provisions for Construction Projects
have ceased. EDA or its designee may, after written notice to the Contractor, disburse such
amounts withheld for and on account of the Contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall make such disbursements in the
case of direct Davis -Bacon Act contracts.
(c) Payrolls and basic records
(1) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the Work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the Work in the construction or
development of the Project. Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R.
§ 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described
in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, the plan or
program is financially responsible, and the plan or program has been communicated
in writing to the laborers or mechanics affected, and provide records that show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship progt ams and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(2) (i) For each week in which Contract work is performed, the Contractor shall submit a
copy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls
submitted shall set out accurately and completely all of the information required to be
maintained under 29 C.F.R. part 5.5(a)(3)(1). This information may be submitted in any
form desired. Optional Form WH-347 is available for this purpose. It may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D.C. 20402; or downloaded from the U.S.
Department of Labor's website at https://www.dol.gov/whd/forms/wh347.pdf. The prime
Contractor is responsible for the submission of copies of payrolls by all subcontractors
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(A) That the payroll for the payroll period contains the information required to be
maintained under 29 C.F.R. § 5.5(a)(3)(i) and that such information is correct and
complete;
Economic Development Administration
Contracting Provisions for Construction Projects
(B) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in 29 C.F.R. part 3; and
(C) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
Contract.
(iii)The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance" required by paragraph 15(c)(2)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under section 1001 of Title 18 and
section 3729 of Title 31 of the U.S. Code.
(3) The Contractor or subcontractor shall make the records required under paragraph
15(c)(l) of this section available for inspection, copying, or transcription by authorized
representatives of EDA or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them
available, EDA or its designee may, after written notice to the Contractor or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the required records upon request
or to make such records available may be grounds for debarment action pursuant to 29
C.F.R. § 5.12.
(d) Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training (Bureau), or with a State Apprenticeship Agency recognized by the Bureau, or if
a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program Any worker listed
on a payroll at an apprentice wage rate who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any
Economic Development Administration
Contracting Provisions for Construction Projects
apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Whete a Contractor is performing
construction on a Project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, appientices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(2) Trainees. Except as provided in 29 C.F.R. § 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program that has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for Tess
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a ttaining plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
Economic Development Administration
Contracting Provisions for Construction Projects
requirements of Executive Order 11246, Equal Employment Opportunity, as amended,
and 29 C.F.R. part 30.
(e) Compliance with Copeland Anti -Kickback Act Requirements. The Contractor shall
comply with the Copeland Anti -Kickback Act (18 U.S.C. § 874 and 40 U.S.C. § 3145) as
supplemented by Department of Labor regulations (29 C.F.R. part 3, "Contractors and
Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or
Grants of the United States"). The Act provides that the Contractor and any subcontractors shall
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which they are
otherwise entitled. The Owner shall report all suspected or reported violations to EDA.
(f) Subcontracts. The Contractor and any subcontractors will insert in any subcontracts the
clauses contained in 29 C.F.R. §§ 5.5(a)(1) through (10) and such other clauses as EDA or its
designee may require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in 29 C.F.R. § 5.5.
(g) Contract termination; debarment. The breach of the contract clauses in 29 C.F.R. § 5.5
may be grounds for termination of the contract, and for debarment as a Contractor and a
subcontractor as provided in 29 C.F.R. § 5.12.
(h) Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(i) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of this Contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 C.F.R. parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and EDA or its designee, the U.S.
Department of Labor, or the employees or their representatives.
(j) Certification of Eligibility.
(1)By entering into this Contract, the Contractor certifies that neither it nor any person or
firm that has an interest in the Contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
C.F.R. § 5.12(a)(1).
(2) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
C.F.R. § 5.12(a)(1).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. § 1001.
Economic Development Administration
Contracting Provisions for Construction Projects
16. LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract work, which may require or involve the employment of laborers or mechanics, shall
require or permit any such laborer or mechanic in any workweek in which that person is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section, the Contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (a) of this section.
(c) Withholding for unpaid wages and liquidated damages. EDA or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any monies payable on account of work performed
by the Contractor or subcontractor under any such Contract or any other federal contract with the
same prime Contractor, or any other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may
be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this
section.
(d) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
fotth in paragraphs (a) through (c) of this section and also a clause requiting the subcontractors to
include these clauses in any lowet tier subcontracts. The prime Contactor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (a) through (c) of this section.
17. EOUAL EMPLOYMENT OPPORTUNITY
(a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 C.F.R. chapter 60, which is paid for in whole or in part with funds
obtained from EDA, the following equal opportunity clause:
During the performance of this contract, the Contractor agrees as follows:
Economic Development Administration
Contracting Provisions for Construction Projects
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other for►ns of compensation; and selection for training including
apprenticeship. The Contractor agrees to post in conspicuous places available to
employees and applicants for employment notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
infor►nation, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers representatives of the Contractor's
commit►vents hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to its books, records, and accounts by
EDA and the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
Economic Development Administration
Contracting Provisions for Construction Projects
this Contract or with any of the said rules, regulations, or orders, this Contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally -assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or
order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph 17(a)(1) and the provisions of paragraphs 17(a)(1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as EDA or the Secretary of Labor may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, however, that in the event
the Contractor becomes involved in or is threatened with litigation with a subcontractor
or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor
may request the United States to enter into such litigation to protect the interests of the
United States.
(9) The Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally -
assisted construction work. Provided, however, that if the Recipient so participating is a
State or local government, the above equal opportunity clause is not applicable to any
agency, instrumentality, or subdivision of such government that does not participate in
work on or under the Contract.
(10)The Recipient agrees that it will assist and cooperate actively with EDA and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish EDA and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist EDA in
the discharge of the EDA's primary responsibility for securing compliance.
(11) The Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by EDA or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient
agrees that if it fails or refuses to comply with these undertakings, EDA may take any or
all of the following actions: Cancel, terminate, or suspend in whole or in part this EDA
financial assistance; refrain from extending any further assistance to the applicant under
the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such applicant; and refer the case
Economic Development Administration
Contracting Provisions for Construction Projects
to the Department of Justice for appropriate legal proceedings.
(b) Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60):
(1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of
lading, and other than contracts and subcontracts with depositories of Federal funds in
any amount and with financial institutions which are issuing and paying agents for U.S.
savings bonds and savings notes) are exempt. The amount of the Contract, rather than
the amount of the federal financial assistance, shall govern in determining the
applicability of this exemption.
(2) Except in the case of subcontractors for the performance of construction work at the
site of construction, the clause shall not be required to be inserted in subcontracts below
the second tier.
(3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies
or raw materials are exempt.
18. CONTRACTING WITH SMALL, MINORITY AND WOMEN'S BUSINESSES
(a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor
shall take affirmative steps to assure that small, minority and women's businesses are used when
possible as sources of supplies, equipment, construction, and services.
(b) Affirmative steps shall consist of:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Ensuring that small and minority businesses and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses and
women's business enterprises;
(4) Establishing delivery schedules, where the requirements of the contract permit, which
encourage participation by small and minority businesses and women's business
enterprises;
(5) Using the services and assistance of the U.S. Small Business Administration, the
Minority Business Development Agency of the U.S. Department of Commerce, and State
and local governmental stnall business agencies;
(6) Requiring each party to a subcontract to take the affirmative steps of this section; and
Economic Development Administration
Contracting Provisions for Construction Projects
•
(7) The Contractor is encouraged to procure goods and services from labor surplus area
firms.
19. HEALTH. SAFETY. AND ACCIDENT PREVENTION
(a) In performing this contract, the Contractor shall:
(1) Ensure that no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous to their health
and/or safety as determined under construction safety and health standards promulgated
by the Secretary of Labor by regulation;
(2) Protect the lives, health, and safety of other persons;
(3) Prevent damage to property, materials, supplies, and equipment; and
(4) Avoid work interruptions.
(b) For these purposes, the Contractor shall:
(1) Comply with regulations and standards issued by the Secretary of Labor at 29 C.F.R.
part 1926. Failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 — 3708); and
(2) Include the terms of this clause in every subcontract so that such terms will be
binding on each subcontractor.
(c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to
work performed under this Contract resulting in death, traumatic injury, occupational disease, or
damage to property, materials, supplies, or equipment, and shall report this data in the manner
prescribed by 29 C.F.R. part 1904.
(d) The Owner shall notify the Contractor of any noncompliance with these requirements and of
the corrective action required. This notice, when delivered to the Contractor or the Contractor',s
representative at the site of the Work, shall be deemed sufficient notice of the noncompliance
and corrective action required. After receiving the notice, the Contractor shall immediately take
corrective action. If the Contractor fails or refuses to take corrective action promptly, the Owner
may issue an order stopping all or part of the Work until satisfactory corrective action has been
taken. The Contractor shall not base any claim or request for equitable adjustment for additional
time or money on any stop order issued under these circutnstances.
(e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of
this clause. The Contractor shall take such action with respect to any subcontract as EDA, or the
Secretary of Labor shall direct as a means of enforcing such provisions.
Economic Development Administration
Contracting Provisions for Construction Projects
20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS
(a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply contract or
any subcontract in connection with the construction of the Project, shall become directly or
indirectly interested personally in this Contract or in any part hereof.
(b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is
authorized in such capacity and on behalf of the Owner to exercise any legislative, executive,
supervisory or other similar functions in connection with the construction of the Project, shall
become directly or indirectly interested personally in this Contract or in any part thereof, any
material supply contract, subcontract, insurance contract, or any other contract pertaining to the
Project.
(c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual
or entity who prepared the Contract Documents has a corporate or financial affiliation with the
supplier or manufacturer.
(d) The Owner's officers, employees, or agents shall not engage in the award or administration
of this Contract if a conflict of interest, real or apparent, may be involved. Such a conflict may
arise when: (i) the employee, officer or agent; (ii) any member of their immediate family, (iii)
their partner or (iv) an organization that employs, or is about to employ, any of the above, has a
financial interest in the Contractor. The Owner's officers, employees, or agents shall neither
solicit nor accept gratuities, favors, of anything of monetary value from the Contractor or
subcontractors.
(e) If the Owner finds after a notice and hearing that the Contractor, or any of the Contractor's
agents or representatives, offered or gave gratuities (in the fo►m of entertainment, gifts, or
otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure this
Contract or favorable treatment in awarding, amending, or making any determinations related to
the performance of this Contract, the Owner may, by written notice to the Contractor, terminate
this Contract. The Owner may also pursue other rights and remedies that the law or this Contract
provides. However, the existence of the facts on which the Owner bases such findings shall be
an issue and may be reviewed in proceedings under the dispute resolution provisions of this
Contract.
(f) In the event this Contract is terminated as provided in paragraph (e) of this section, the
Owner may pursue the same remedies against the Contractor as it could pursue in the event of a
breach of this Contract by the Contractor. As a penalty, in addition to any other damages to
which it may be entitled by law, the Owner may pursue exemplary damages in an amount (as
determined by the Owner) which shall not be less than three nor mote than ten times the costs the
Contractor incurs in providing any such gratuities to any such officer or employee.
Economic Development Administration
Contracting Provisions for Construction Projects
21. RESTRICTIONS ON LOBBYING
(a) This Contract, or subcontract is subject to 31 U.S.C. § 1352, regarding lobbying restrictions.
The section is explained in the cotnmon rule, 15 C.F.R. part 28 (55 FR 6736-6748, February 26,
1990). Each bidder under this Contract or subcontract is generally prohibited from using federal
funds for lobbying the Executive or Legislative Branches of the Federal Government in
connection with this EDA Award.
(b) Contract Clause Threshold: This Contract Clause regarding lobbying must be included in
each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier under the
EDA Award.
(c) Certification and Disclosure: Each bidder of a contract or subcontract exceeding $100,000
of federal funds at any tier under the federal Award must file Form CD-512, Certification
Regarding Lobbying - Lower Tier Covered Transactions, and, if applicable, Standard Form-
LLL, Disclosure of Lobbying Activities, regarding the use of any nonfederal funds for lobbying.
Certifications shall be retained by the Contractor or subcontractor at the next higher tier. All
disclosuie forms, however, shall be forwarded from tier to tier until received by the Recipient of
the EDA Award, who shall forward all disclosure forms to EDA.
(d) Continuing Disclosure Requirement: Each Contractor or subcontractor that is subject to
the Certification and Disclosure provision of this Contract Clause is required to file a disclosure
form at the end of each calendar quarter in which there occurs any event that requires disclosure
or that materially affects the accuracy of the information contained in any disclosure form
previously filed by such person. Disclosure forms shall be forwarded from tier to tier until
received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA.
(e) Indian Tribes, Tribal Organizations, or Other Indian Organizations: Indian tribes,
tribal organizations, or any othei Indian organizations, including Alaskan Native organizations,
are excluded from the above lobbying restrictions and reporting requirements, but only with
respect to expenditures that are by such tribes or organizations for lobbying activities permitted
by other federal law. An Indian tribe or organization that is seeking an exclusion from
Certification and Disclosure requirements must provide EDA with the citation of the piovision or
provisions of federal law upon which it relies to conduct lobbying activities that would otherwise
be subject to the prohibitions in and to the Certification and Disclosure requirements of 31
U.S.C. § 1352, preferably through an attorney's opinion. Note, also, that a non -Indian
subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example, is
subject to the restrictions and reporting requirements.
22. HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION
The Contractor agrees to facilitate the preservation and enhancement of structures and objects of
historical, architectural or archaeological significance and when such items are found and/or
unearthed during the course of project construction. Any excavation by the Contractor that
uncovers an historical or archaeological artifact shall be immediately reported to the Owner and
a representative of EDA. Construction shall be temporarily halted pending the notification
process and further directions issued by EDA after consultation with the State Historic
Economic Development Administration
Contracting Provisions for Construction Projects
Preservation Officer (SHPO) for recovery of the items. See the National Historic Preservation
Act of 1966 (54 U.S.C. § 300101 et seq., formerly at 16 U.S.C. § 470 et seq.) and Executive
Order No. 11593 of May 31, 1971.
23. CLEAN AIR AND WATER
Applicable to Contracts in Excess of $150,000
(a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel, or
other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor
or any subcontractor, used in the performance of the Contract or any subcontract. When a
location or site of operations includes more than one building, plant, installation, or structure, the
entire location or site shall be deemed a facility except when the Administrator, or a designee, of
the United States Environtnental Protection Agency (EPA) determines that independent facilities
are collocated in one geographical area.
(b) In compliance with regulations issued by the EPA, 2 C.F.R. part 1532, pursuant to the Clean
Air Act, as amended (42 U.S.C. § 7401 et seq.); the Federal Water Pollution Control Act, as
amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Contractor agrees to:
(1) Not utilize any facility in the performance of this contract or any subcontract which is
listed on the Excluded Parties List System, part of the System for Award Management
(SAM), pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on
the list;
(2) Promptly notify the Owner if a facility the Contractor intends to use in the
performance of this contract is on the Excluded Parties List System or the Contractor
knows that it has been recommended to be placed on the List;
(3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution
Control Act, including the requirements of section 114 of the Clean Air Act and section
308 of the Federal Water Pollution Control Act, and all applicable clean air and clean
water standards; and
(4) Include or cause to be included the provisions of this clause in every subcontract and
take such action as EDA may direct as a means of enforcing such provisions.
24. USE OF LEAD -BASED PAINTS ON RESIDENTIAL STRUCTURES
(a) If the work under this Contract involves construction or rehabilitation of residential structures
over $5,000, the Contractor shall comply with the Lead -based Paint Poisoning Prevention Act
(42 U.S.C. § 4831). The Contractor shall assure that paint or other surface coatings used in a
residential property does not contain lead equal to or in excess of 1.0 milligram per square
centimeter or 0.5 percent by weight or 5,000 parts per million (ppm) by weight. For purposes
of this section, "residential property" means a dwelling unit, common areas, building exterior
surfaces, and any surrounding land, including outbuildings, fences and play equipment
affixed to the land, belonging to an owner and available for use by residents, but not
Economic Development Administration
Contracting Provisions for Construction Projects
including land used for agricultural, commercial, industrial or other non-residential purposes,
and not including paint on the pavement of parking lots, garages, or roadways.
(b) As a condition to receiving assistance under PWEDA, recipients shall assure that the
restriction against the use of lead -based paint is included in all contracts and
subcontracts involving the use of federal funds.
25. ENERGY EFFICIENCY
The Contractor shall comply with all standards and policies relating to energy efficiency which
ate contained in the energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. § 6201) for the State in which the Work under the Contract is
performed.
26.
ENVIRONMENTAL REOUIREMENTS
When constructing a Project involving trenching and/or other related earth excavations, the
Contractor shall comply with the following environmental constraints:
(1) Wetlands. When disposing of excess, spoil, or other construction materials on
public or private property, the Contractor shall not fill in or otherwise convert wetlands.
(2) Floodplains. When disposing of excess, spoil, or other construction materials on
public or private property, the Contractor shall not fill in or otherwise convert 100 year
floodplain areas delineated on the latest Federal Emergency Management Agency
(FEMA) Floodplain Maps, or other appropi iate maps, i.e., alluvial soils on Natural
Resource Conservation Service (NRCS) Soil Survey Maps.
(3) Endangered Species. The Contractor shall comply with the Endangered Species
Act, which provides for the protection of endangered and/or threatened species and
critical habitat. Should any evidence of the presence of endangered and/or threatened
species or their critical habitat be brought to the attention of the Contractor, the
Contractor will immediately report this evidence to the Owner and a representative of
EDA. Construction shall be temporarily halted pending the notification process and
further directions issued by EDA after consultation with the U.S. Fish and Wildlife
Service.
27. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY
EXCLUSIONS
As required by Executive Orders 12549 and 12689, Debarment and Suspension, 2 C.F.R. Part 180
and implemented by the Department of Commei ce at 2 C.F.R. part 1326, for prospective
participants in lower tier covered transactions (except subcontracts for goods or services under the
$25,000 small purchase threshold unless the subrecipient will have a critical influence on or
substantive control over the award), the Contractor agrees that:
(1) By entering into this Contract, the Contractor and subcontractors certify, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared
Economic Development Administration
Contracting Provisions for Construction Projects
ineligible, or voluntarily excluded from participation in this Contract by any federal
department or agency.
(2) Where the Contractor or subcontractors are unable to certify to any of the
statements in this certification, the Contractor or subcontractors shall attach an
explanation to this bid.
See also 2 C.F.R. part 180 and 2 C.F.R. § 200.342.
28. EDA PROJECT SIGN
The Contractor shall supply, erect, and maintain in good condition a Project sign according to
the specifications provided by EDA. To the extent practical, the sign should be a free standing
sign. Project signs shall not be located on public highway rights -of -way. Location and height of
signs will be coordinated with the local agency responsible for highway or street safety in the
Project area, if any possibility exists for obstructing vehicular t►aff►c line of sight. Whenever the
EDA site sign specifications conflict with State law or local ordinances, the EDA Regional
Director will permit such conflicting specifications to be modified so as to comply with State
law or local ordinance.
29. BUY AMERICA
To the greatest extent practicable, contractors are encouraged to purchase
American- made equipment and products with funding provided under EDA
financial assistance awards.
11 Back
OMB Number. 0610-0096
Expiration Date: 01 /31 /202 5
EDA PROJECT SIGN
The Contractor shall supply, erect, and maintain in good condition a project sign according to the
specifications set forth below:
EDA SITE SIGN SPECIFICATIONS
Size: 4' x 8' x '/."
Materials: Exterior grade/MDO plywood (APA rating A-B)
Supports: 4" x 4" x 12' posts with 2" x 4" cross branching
Erection: Posts shall be set a minimum of three feet deep in concrete footings that are at least 12"
in diameter.
Paint: Outdoor enamel
Colors: Jet Black, Blue (PMS300), and Gold (PMS7406). Specifically, on white background the
following will be placed:
The U. S. Department of Commerce seal in blue, black, and gold;
"EDA" in blue;
"U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT
ADMINISTRATION" in black;
"In partnership with" in blue;
(Actual name of the) "EDA Grant Recipient" in black;
Lettering: Specific fonts are named below; positioning will be as shown on the attached illustration.
"U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT
ADMINISTRATION" use Bank Gothic Medium - HANK 11rr 1 _t t p I r : lv1 Et-)
"In partnership with" use UniversTm 55 Oblique - UniVETS 55
(Name of) "EDA Grant Recipient" use Universes Extra Black 85 Univers 85
Project signs will not be erected on public highway rights -of -way. If any possibility exists for obstruction
to traffic line of sight, the location and height of the sign will be coordinated with the agency responsible
for highway or street safety in the area.
The EDA Regional Director may permit modifications to these specifications if they conflict with state
law or local ordinances.
ONff Number: 0610-0096
Expiration Date: 01/31/2025
2'I
1
1
4
2'
8'
fX
1
•
•
. f
1-iuv I _1
1• T
4
SIGN A
MASONITE SIGN
SCALE: 3/8" = 1
1 /4' MASONr1E
2' -
4 X 4 1 C1:.I
4"
1
-21116
1' 2f!f
2
•
hi
11•
-i.. _'
(4
•
•
__���#,.
'11-
r
PROJECT - SIGN A
ECONOMIC DEVELOPMENT ADMINISTRATION
OMB Number: 0610-0096
Expiration Date: 016112025
ECONOMIC DEVELOP MEN'1' A1)1IINIS'z'EA'1'XON
2 0"
I s•.
40"
30
30"
3 75"
I5.0"
ESA
U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION
In partnership with
<EDA Grant Recipient Name>
2.25"
13_5"
Black
Blue= PMS300
Gold= PMS7406
U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION
In partnership with
<EDA Grant Recipient Name>
FOR/.1 io•512
(REV 1241)
CERTIFICATION REGARDING LOBBYING
LOWER TIER COVERED TRANSACTIONS
u S. DEPARTMENT OF COMMERCE
Applicants should review the instructions for certification iicluded in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying."
LOBBYING
As rewired by Section 135Z Title 31 of the U.S. Code, and
in iied at 15 CFR Part 28, for persars entering it a grad,
cooperative agreement or contact over $100,000 or a ban or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28105 and 28110, the applicant certifies that to he best of his or her
knowledge and belief, that
(1) No Federal appropriated finds have been pad a wil be paid,
by or an behalf of he undersigned, b any person for inluenithg a
attempting to influence an officer or employee of any agency, a
Member of Congress in connection with the awarding of any
Federal contract, he making of any Federal grant, the making of
any Federal ban, the entering inb of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
mod cation of any Federal contract, grant, loan, or cooperative
a9
(2) if any funds other than Federal appropriated finds have been
pad or will be paid to any person for lying a attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, a an employee of a
member of Congress in connection with this Federal contact, want,
ban, or cooperative agreement, the tnder*red still complete and
subnit Standard Form -LEI, "Disclosure Form to Report t_obbyng,"
in accordance wth Ns instructions.
(3) The undersigned shall require that the language of this
certification be i ducted in the award doe next for al subawards at
d tiers (including subc ordracts, subgrants, and contracts under
pants, bars, and cooperative agreements) and that al subrecipierts
shal certify) arid disdose accorctirvily.
This certification is a material representation of fad upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for maldng or
entemg iio this transaction imposed by section 1352, file 31, U.S.
Code. Ary person who fads to fie the required certification shall be
subject to a cliff penalty of net less than $10,000 and not more
than $100,000 for each such failure occurring on or before
October 23, 1996, and of not less than $11,000 and not more
than $110,000 for each such failure occurring after October 23,
1996.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge
and belief, that:
In any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shal
complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title
31, U.S. Coda Any person who fads to fie the required state-
ment shal be subject to a civet penatty of not Less than $10,000
and not more than $100,000 for each such failure occurring
on or before October 23, 1996, and of not less than $11,000
and not more than $110,000 for each such failure occurring
after October 23, 1996.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT
LPRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
AWARD NUMBER AND/OR PROJECT NAME
SIGNATURE
DATE
Back
NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4)
The following Notice shall be included in, and shall be a part of all solicitations for offers and
bids on all Federal and federally assisted construction contracts or subcontracts in excess of
$ 10,000.
The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
The goals and timetables for minority and female participation, expressed in percentage ternis for
the Contractor's aggregate workforce in each trade on all construction work in the covered area,
are as follows:
Timetables
Goats for minority
participation for each trade
What °bto use? 4.7
%
Goals for female
participation for each trade
6.9%
These goals are applicable to all the Contractor's construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the contractor performs
construction work in a geographical area located outside of the covered area, it shall
apply the goals established for such geographical area where the work is actually
performed. With regard to this second area, the contractor also is subject to the goals for
both its federally involved and non federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmative action obligations required by the specifications set forth in 41 CFR 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female employment
and training mist be substantially uniform throughout the length of the contract, and in
each trade and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or
trainees from Contractor to Contractor or from project to project for the sole purpose of
meeting the Contractor's goals shall be a violation of the contract the Executive Order,
and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured
against the total work hours performed.
The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address and telephone
number of the subcontractor; employer identification number of the subcontractor;
estimated dollar amount of the subcontract; estimated starting and completion dates of the
subcontract; and the geographical area in which the subcontract is to be performed.
As used in this Notice, and in the contract resulting from this solicitation, the "covered
area" is:
State of
County of
City of
Iowa
Black Hawk
Waterloo
DAVIS BACON
"General Decision Number: IA20230081 02/24/2023 State: Iowa
Construction Types: Heavy and Highway
Counties: Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Black Hawk, Boone, Bremer, Buchanan,
Buena Vista, Butler, Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee, Chickasaw, Clarke, Clay,
Clayton, Clinton, Crawford, Dallas, Davis, Decatur, Delaware, Des Moines, Dickinson, Dubuque, Emmet,
Fayette, Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock, Hardin, Han ison, Henry,
Howard, Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn,
Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Marshall, Mills, Mitchell, Monona, Monroe, Montgomery,
Muscatine, O'Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek,
Ringgold, Sac, Shelby, Sioux, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne,
Webster, Winnebago, Winneshiek, Woodbury, Worth and Wright Counties in Iowa.
HIGHWAY CONSTRUCTION PROJECTS and HEAVY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally ►equired to pay at least the applicable minimum
wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive
Orders apply to covered contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related
Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
If the contract is entered
into on or after January 30,
2022, or the contract is
renewed or extended (e.g., an
option is exercised) on or
after January 30, 2022:
If the contract was awarded on
or between January 1, 2015 and
January 29, 2022, and the
contract is not renewed or
extended on or after January
30, 2022:
Executive Order 14026
generally applies to the
contract.
The contractor must
all covered workers
pay
at
least $16.20 per hour (or
t he applicable wage rate
listed on this t-gage
d etermination, if it is
h igher) for all hours
spent performing on the
contract in 2023.
Executive Order 13658
generally applies to the
contract.
The contractor must pay all
covered workers at least
$12.15 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours performing on that
contract in 2023.
The applicable Executive Orde► minimum wage rate will be adjusted annually. If this contract is covered by
one of the Executive Orders and a classification considered necessary for pet formance of work on the contract
does not appear on this wage determination, the contractor must still submit a conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is
available at
https://urldefense.com/v3Lhttp.//www.doLgov/whd/govcontracts_
;!!JOYUtvGQYzQetw!oxkLemlbMUQ2n 1 KUufF
Ys 1 Jp2mS16tZIgHtJD_xYPJC5SZv8mn 1 Y6XNKdEMukSpF9 l 7blBzva l AGLOes$ .
Modification Number Publication Date
0 02/24/2023
SUTA2023-001 02/01/2023
BRICKLAYER
(BRICKLAYER/STONE
MASON)
ZONE
ZONE
ZONE
ZONE
ZONE
1
2
3
4
5
Rates
$ 34.00
$ 34.00
$ 34.00
$ 32.75
$ 29.65
17.62
17.62
17.62
16.09
16.09
Fringes
Carpenter
&
Piledrivermen
ZONE
ZONE
ZONE
ZONE
ZONE
2
3
4
5**
1
$ 31.27
$ 29.80
$ 29.68
$ 29
$ 28.15
20
13.30
15.83
15.98
15.98
11.70
CONCRETE
FINISHER
ZONE
ZONE
ZONE
ZONE
ZONE
2
3
4
5
1
$ 29.55
$ 29.55
$ 29.55
$ 27.70
$ 26.65
13.10
13.10
13.10
9.20
9.20
ELECTRICIAN
(STREET
AND
HIGHWAY
LIGHTING
AND
TRAFFIC
SIGNALS)
ZONE
1, 2, AND
3 $ 36.40
14.80
ZONE
4
$ 35.10
13.80
ZONE
5
$ 33.45
13.05
IRONWORKER (SETTING OF STRUCTURAL STEEL)
ZONE 1 $ 32.25
ZONE 2 $ 30.16
ZONE 3 $ 30.16
ZONE 4 $ 28.00
ZONE 5** $ 26.15
LABORER
ZONE 1, 2 AND 3
GROUP A $ 24.82
GROUP AA $ 27.20
GROUP B. $ 22.97
GROUP C. $ 19.89
14.85
15.30
15.45
14.50
13.70
12.01
12.01
12.01
12.01
ZONE 4
GROUP A
GROUP AA
GROUP B.
GROUP C.
ZONE 5
GROUP A
GROUP AA.
GROUP B.
GROUP C.
$ 23.12
$ 25.12
$ 21.55
$ 18.92
$ 23.52
.$ 25.52
$ 20.78
$ 19.93
POWER EQUIPMENT OPERATOR ZONE 1
GROUP A $ 35.50
GROUP B.
GROUP C
GROUP D
ZONE 2
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 3
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 4
GROUP A
GROUP B
GROUP C
GROUP D
ZONE 5
GROUP A
GROUP B
GROUP C
GROUP D
$ 33.95
$ 31.45
$ 31.45
$ 35.30
$ 33.70
$ 31.15
$ 31.15
$ 32.50
$ 30.7
$ 29.70
$ 29.70
$ 32.85
$ 31.71
$ 29.63
$ 29.63
$ 30.87
$ 29.83
$ 28.10
$ 27.10
11.32
11.32
11.32
11.32
9.87
9.87
9.87
9.87
16.50
16.50
16.5
16.50
16.50
16.50
16.50
16.50
28.20
28.20
28.20
28.20
16.95
16.95
16.95
16.95
13.25
13.25
13.25
13.25
TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON)
ZONE 1 $ 26.26 12.59
ZONE 2 ...$ 26.26 12.59
ZONE3 $ 26.26 1259
ZONE 4 $ 26.26 9.04
ZONE 5 $ 24.50 9.04
ZONE DEFINITIONS
ZONE 1 The Counties of Polk, Warren, and Dallas for all Crafts, and Linn County Carpenters only.
ZONE 2 The Counties of Dubuque for all Crafts and Linn County for all Crafts except Carpenters.
ZONE 3 The Cities of Burlington (including West Burlington), Clinton, Fort Madison, Keokuk, and Middleton
(including the Iowa Army Ammunition Plant) and Muscatine (and abutting municipalities of any such cities).
ZONE 4 Story, Black Hawk, Cedar, Jasper, Jones, Jackson, Louisa, Madison, and Marion Counties; Clinton
County (except the City of Clinton), Johnson County, Muscatine County (except the City of Muscatine), the
City of Council Bluffs, Lee County and Des Moines County.
ZONE 5 All areas of the state not listed above.
LABORER CLASSIFICATIONS - ALL ZONES
GROUP AA - Skilled pipelayer (sewer, water, and conduits) and tunnel laborers; asbestos abatement worker
GROUP A - Carpenter tender on bridges and box culverts; CCTV* sewer inspection operator; curb machine
(without a seat);
deck hand; diamond & core drills; drill operator on air tracs, wagon drills, and similar drills; form
setter/stringman on paving work; gunnite nozzleman; joint sealer kettleman; laser operator; mason tender
(brick/stone), powderman tender; powderman/blaster; sign erector; saw operator; {(Zones 4 and 5) Skilled
pipelayer (sewer, water, and conduits); tunnel laborer; asbestos
abatement worker). *new labor classification (CCTV: closed circuit television)
GROUP B - Air, gas, electric tool operator; barco hammer; carpenter tender; caulker; chain sawman;
compressor (under 400 cfm); concrete finisher tender; concrete processing materials and monitors; cutting
torch on demolition; drill tender; dumpmen; electric drills; fence erectors; foam line expansion joint assembler;
form tamper; general laborer; grade checker; handling and placing metal mesh, dowel bars, reinforcing bars and
chairs; hot asphalt laborer;
installing temporary traffic control devices; Jackhammerman; mechanical grouter; painter (all except stripers);
paving breaker; planting trees, shrubs and
flowers; power broom (not self-propelled); power buggyman;
rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; sewer utility topman/bottom man;
spaders; stressor or st•etcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control;
swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber;
tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher;
walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from
bosun chair.
GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES
GROUP A - All terrain (off road) forklift; asphalt breakdown roller (vibratory); asphalt laydown machine;
asphalt plant; asphalt screed; bulldozer (finish); central mix plant;
concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above);
dragline and power shovel; dredge engineer; excavator (over
'A cu. yd.), front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine
(over 350 hp); motor grader (finish); push cat; rubber tiled backhoe (over 'A cu. yd.); scraper (12 cu. yd. and
over or finish);
Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push
boat; trenching machine (Cleveland 80 or similar)
•
GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; asphalt roller;
belt
loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling
ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback);
distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu.
yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland
concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cu. yd.); screening,
washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (I cu. yd. and over);
subgrader or trimmer; t enching machine; water wagon on compaction.
GROUP C - Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor
(over 75 hp.) pulling disc or roller; forklift; fiont end loader (under 2 cu. yd.); motor grader (rough); pile
hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled
roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover;
skid loader (under 1 cu. yd.); truck mounted post driver.
GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.)
pulling
disk, roller or other attachments; group greaser tender;
light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter);
tree chipping machine; truck crane driver/oiler.
** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5)
Setting of str uctural steel; any welding incidental to bridge or culvert construction; setting concrete beams.
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after
January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of
paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be
permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive
care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or
person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.
Additional information
on contractor requirements and worker protections under the EO is available at
https://urldefense.com/v3/ https://www.dol.gov/agencies/whd/government-
contracts_
;! !JOYUtvGQYzQetw!oxkLemlbMUQ2n 1 KUufFYs 1 Jp2mS16tZIgHtJD_xYPJC5SZv8mn l Y6XNKdEMukS
pF917bIBzva-wJscW4$ .
Unlisted classifications needed for work riot included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing
for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed
in alphabetical order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union
average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification
and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is
an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number
used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,
which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)
governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a weighted average rate based on all the rates reported in
the survey for that classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted
average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on
which these classifications and rates are based. The next number, 007 in the example, is an internal number used
in producing the
wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that
identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed foi those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-
OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next
number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014
indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average
of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the
Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey
program. If the response from this initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should
be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can
request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part
7). Write to:
Wage and Hour Administrator
U S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc) that the requestor
considers relevant to the issue. If the decision of the Administrator is not favorable, an interested party
may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W. Washington, DC 20210
3.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, MP Nexlevel, LLC
as Principal, and Pacific Indemnity Company , as Surety, are held and firmly
bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum
Five Percent of the Total Amount Bid Dollars ($ 5% ) lawful money of
the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is
such that whereas the Principal has submitted the accompanying bid dated the 30th day of
November , 20 23 , for Waterloo Fiber Optic OSP EDA; Contract No. 1086
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall
furnish a bond for his faithful perfoi mance of said contract, and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the
acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood
and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages
sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the
specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be
in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute
such contract; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Pi incipal and the Surety, have hereunto set their hands and seals, and such of them
as are cot porations, have caused their corporate seals to be hereto affixed and these presents to be signed by their
proper officers this 16th day of November , A.D. 20 23
.4.--4-6:10.1)4L.
Witne s
Witness, Ein Ulven
BID BOND
MP Nexlevel, LLC
Principal
By
Robbi L. Pribyl, President
Pacific Indemnity Company
Surety
Attorney -in -fact
(Seal)
(Title)
(Seal)
Page 1 of 1
ACKNOWLEDGEMENT OF PRINCIPAL
STATE OF Minnesota )
COUNTY OF Wright )
On this 16th day of November , in the year 2023 , before me personally
appeared Robbi L. Pribyl
President
MP Nexlevel, LLC , known to me to be
of
the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same.
In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in
this certificate first above written.
JENNY LYNN HAUGE
Notary Public
Mlrm sota
My Commission Expire%
Jan 31, 2024
My Commission Expires:
ACKNOWLEDGEMENT OF SURETY
, Notary Public
U\I3\ f Zoa9
STATE OF Minnesota )
COUNTY OF Hennepin )
On this 16th day of November , in the year 2023 , before me personally come(s)
Joshua R. Loftis
Pacific Indemnity Company
, Attorney -in -Fact of
, with whom
I am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney -in -Fact of
Pacific Indemnity Company , the company described in and
which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal
affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of
said Company, and that he/she signed said instrument as Attorney -in -Fact of the said Company by like order.
In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in
this certificate first above written.
NOTARY PUBLIC • MINNFSOTA
My Commission Expires
January 31, 2025
Lin Ulven , Notary Public
My Commission Expires: January 31, 2025
Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Conunitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -In -fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint In writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such \Vritten Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERiCAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this November 16, 2023
CHUBS
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERiCAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Melinda C. Blodgett, R. C. Bowman, Sarah Dragt, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis,
Brian J. Oestreich, Nicole Stillings, Rachel Thomas, Lin Ulven, Nathan Weaver, Colby D White and Emily White of Minneapolis, Minnesota
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 12 fh day of June, 2023.
Ikiwn \I. CIA ireS,Assistant Stvretaly
STATE OF NEW JERSEY
County of Hunterdon
SS,
Stephen NI. I laney, Vice ['resident
On this 12ih day of June 2023 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL. INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal
Albert Contursi
NOTARY PUBLIC OF NEW JERSEY
No S0202369
Commission Expires August 22,2027
Notary Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered Into in the ordinary course of business (each a "Written Commitment"):
(1)
(3)
Ext u t.-T • eK 0A
tkiv:n 1I. Chios c tc. Assistant Secreiaiyr
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTF..R, PLEASE CONTACT US AT:
Telephone (908) 903-3493 Fax (908) 903- 3656 a -mail: surety@chubb.com
Combined: FED-VIG-PI-VVFIC-AAIC (rev. 11-19)