HomeMy WebLinkAboutWENDLERWENOL ER1
P.O. Box 256
Amana, IA 52203
Bid Proposal Enclosed
Cattle Congress Sanitary Sewer Lift Station
Reconstruction
City Clerk
Waterloo City Hall
715 Mulberry St. Waterloo, IA 50703
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i
WENOLERi
i
P.O. Box 256
Amana, IA 52203
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BiddBond Enclosed
Cattle Congress Sanitary Sewer Lift Station
Reconstruction
City Clerk
Waterloo City Hall
715 Mulberry St. Waterloo, IA 50703
FORM OF BID OR PROPOSAL
FY 2023 CATTLE CONGRESS SANITARY SEWER LIFT STATION RECONSTRUCTION
CONTRACT NO. 1075
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 Iowa
a Partnership consisting of the following partners:
having familiarized (himself) (themselves) (itself) with the existing conditions on the project area
affecting the cost of the work, and with all the contract documents listed in the Table of Contents and
Addenda (if any), as prepared by AECOM 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 the CATTLE CONGRESS LIFT STATION SANITARY
SEWER RECONSTRUCTION, CONTRACT NO. 1075, all in accordance with the above-listed
documents and for the unit prices for work in place for the following items and quantities:
FY 2023 CATTLE CONGRESS SANITARY SEWER LIFT STATION RECONSTRUCTION
CONTRACT NO. 1075
Item SUDAS- Estimated Unit Bid Total Bid
No. Measurement& Description Unit Quantities price Price
Pa ment
1 11020-A MOBILIZATION LS 1.0 $290 cj $290 ceb
2 2010-D-1 TOPSOIL,ON-SITE,6 INCHES CY 248.6 $ I$.00 $11
,974,gp
3 2010-E EXCAVATION, CLASS 10—EMBANKMENT-IN- CY 400.0 $ ,oD $yy,pnopo
PLACE
4 2010-I SUBGRADE TREATMENT,GEOFABRIC SY 175.0 $ 61,00 $36-0.00
5 2010-J SUBBASE, MODIFIED, 11' SY 224.8 $3$y,o0 $%,40,-SaXa0
6 2010-M COMPACTION TESTING LS 1.0 $5,ao&$ $5,aDO.04)
7 3010-D MATERI REPLACEMENT OF UNSUITABLE BACKFILL CY 2872.4 $(00,00 $)7213 / po
8 3010-H TRENCH COMPACTION TESTING LS 1.0 $5,aob" $ 2OO,00
9 4010 C-1 SANITARY SEWER FORCE MAIN,TRENCHED, LF 512.8 $
PVC,10-INCHES (5(D,O0 $19,996.
10 4010 C-1 SANITARY SEWER FORCE MAIN,TRENCHED, LF 5.5 $(,07t�.p0 $s��$ Q0
DUCTILE IRON, 10-INCHES i
11 4010-C-2 SANITARY SEWER FROCE MAIN, LF 300.0 $ ,(�a
TRENCHLESS,PVC, 10-INCHES 6� $��,500.00
12 4010 L SANITARY SEWER ABANDONMENT,FILL AND LF 815.3 $ 1$,p0 (e7. yp
PLUG, 10-INCHES $i (,
13 4050-G-3 BYPASS PUMPING LS 1.0 MOOR° $l%'7,000.00
14 4060 FORCE MAIN TESTING LS 1.0 $41,76.0.ua $y,7S0,444
15 5010-C-2 FORCE MAIN FITTING LB 720.0 $ a$,OD $614/60,0*
18 6010-G-1 CONNECTION TO EXISTING MANHOLE EA 1.0 $g,o0L10 $ $ 000,"
17 7030-H-3 DRIVEWAY,GRANULAR,6-INCHES TON 172.9 $31,00 $6,397,3D
18 8030-A TEMPORARY TRAFFIC CONTROL LS 1.0 $5iS-00.°°$6,5-00,00
19 9010-B HYDRAULIC SEEDING,SEEDING, AC 0.4 $1 00400$ i00.06
FERTILIZING,AND MULCHING,TYPE 1
FORM OF BID CONTRACT NO. 1075 FB-1 of 3
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
20 9010-B HYDRAULIC SEEDING,SEEDING, AC 0.2 $f 0 nuO,A $ bOO,w
FERTILIZING,AND MULCHING,TYPE 4
21 9040-A-1 SWPPP PREPARATION LS 1.0 $11,SOO..» $13,500.40
22 9040-A-2 SWPPP MANEGEMENT LS 1.0 $11,000,I0 $a,b00.00
23 9060 D REMOVAL AND REINSTALLATION OF LF 40.0 $/(90,Co $1,f ooc,Qp
EXISTING FENCE,CHAINLINK,GALVANIZE •
24 9080-A CONCRETE STEPS,TYPE A SF 115.5 $14.00 $ 7, I VI,O o
25 9080-B HANDRAIL,32-INCHES LF 22.0 $30),o0 $(, t.' LoO
26 9080-C SAFETY RAIL LF 44.8 $30t O $1),71' .90
27 10010-A DEMOLITION WORK-WET WELL LS 1.0 $tfaiOO,e° $4A,sov,pv
28 10010-A DEMOLITION WORK-LIFT STATION LS 1.0 $�/f o9 $ OU,OO
BUILDING AND EQUIPMENT � ' yf,d
29 11050-A CONCRETE WASHOUT LS 1.0 $fj DO,eo $ SOO,O°
30 AS PER PLANS SANITARY SEWER MANHOLE EA 5.0 $ f00,0e $17,coo.O°
ABANDONMENT �,
31 AS PER PLANS LIFT STATION WET WELL LS 1.0 $761,0.40 $761,oao.o
32 AS PER PLANS PREFABRICATED OPERATOR'S BUILDING LS 1.0 $114,0(X,0 $71$,000,0O
33 AS PER PLANS BYPASS MANHOLE LS 1.0 $S1,SOt7,00$St,500,du
34 AS PER PLANS SITE ELECTRICAL LS 1.0 $to000,0)$IO1;,6100.'
35 AS PER PLANS STAND-BY GENERATOR LS 1.0 Sill,oe0.°4 $111 eoe.'O
36 AS PER PLANS BOLLARDS EA 6.0 $1400,0a $7,Xo0,0O
37 AS PER PLANS STRUCTURAL CONCRETE RETAINING WALL CY 30.2 $I,SSO,OG 024,1i1400
-GENERATOR PAD AND STAIRS
38 AS PER PLANS STRUCTUAL CONCRETE PAD-GENERATOR CY 8.1 $716,uo $5,7q 0,S 0
39 AS PER PLANS COMPACTING BACKFILL-GRADING CY 400.0 $ /(,,00 $(ai y00,n°
PROJECT TOTAL $2,966,31144 21/66,7 61,gv
2. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or
delivered to the undersigned within thirty(30)days after the opening thereof,or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
prescribed form and furnish the required bond and certificate of the insurance within ten (10) days
after the agreement is presented to him for signature, and start work within ten (10) days after
"Notice to Proceed" is issued.
4. Security in the sum of 0 c. Dollars
($ )in the form of (3 i d R nn a< , 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 indicating Resident Bidder Certification ( ), or
Non-Resident Bidder Certification ( ). (Mark one.)
7. The bidder is prepared to submit a financial and experience statement upon request.
FORM OF BID CONTRACT NO. 1075 FB-2 of 3
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in
work for the City in the current calendar year, are prepared to submit an AAP or Update and an
EOC,within ten (10)days of notification that the bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum or Addenda:
Addendum No. 1 Date 07-08-2026
2 07-15-2026
10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the
City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with
this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s)
to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day
Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s).
The Contractor shall submit information on subcontractors on"SUBCONTRACTOR REQUEST AND
APPROVAL" Form to be provided by City prior to approval of contract.
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer
cannot be changed except for the following reasons:
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or"NA".
12. The bidder has attached all applicable forms.
13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior
to the award of a contract due to budgetary limitations.
Wendler Inc. 07-16-2026
(Name of Bidder) (Date)
BY: Bruce Marsh Title Vice President
Official Address: (Including Zip Code):
415 12th Ave SE Suite 200 Cedar Rapids, IA 52401
I.R.S. No. 42. ( O1 2eo1 a1
FORM OF BID CONTRACT NO. 1075 FB-3 of 3
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City
and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as
follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap, political opinions, or affiliations. The
contractor, subcontractor, vendor, and supplier will develop an Affirmative Action program to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
physical disability, political opinions or affiliations. Such actions shall include but not be limited to
the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations
or advertisements for employees, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, national origin, religion, economic status,
age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative
will send to each labor union or representative of workers which he/she has a collective
bargaining agreement or other contract or understanding, a notice advising said labor union or
workers' representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative Action
Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of
each subcontractor as well as the contractor himself/herself and said contractor, subcontractor,
vendor and supplier will permit access to his/her employment books, records and accounts to the
City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action Program—Contract
Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this
contract or with any of such rules, regulations and orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further contracts in accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 1075 EOC-1 of 2
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
subcontract or purchase order unless exempted by the rules, regulations, or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination
in employment. Any person who applies for employment with our company will not be
discriminated against because of race, creed, color, sex, national origin, economic status, age,
mental or physical disabilities.
(Signed) 4/\
(Appropriate Official)
YI c i Poi\of..rs
(Title)
/l/c12I
(Date)
EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 1075 EOC-2 of 2
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
Bidder Status Form
To be completed by all bidders Part A
Please answer"Yes"or"No"for each of the following:
®Yes 0 No My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized,please review the worksheet on the next page).
El Yes ❑No My company has an office to transact business in Iowa.
®Yes ❑No My company's office in Iowa is suitable for more than receiving mail,telephone calls,and e-mail.
®Yes 0 No My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
®Yes 0 No My company is not a subsidiary of another business entity or my company is a subsidiary of another
business entity that would qualify as a resident bidder in Iowa.
If you answered"Yes"for each question above,your company qualifies as a resident bidder. Please
complete Parts B and D of this form.
If you answered"No"to one or more questions above,your company is a nonresident bidder. Please
complete Parts C and D of this form.
To be completed by resident bidders Part B
My company has maintained offices in Iowa during the past 3 years at the following addresses:
Dates: 01 /01 / 2000 to / / Address:
1648 T Ave.
City,State,Zip: South Amana, IA 52334
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 ❑yes ❑No
force preferences or any other type of preference to bidders or laborers?
3. If you answered"Yes"to question 2,identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
You may attach additional sheet(s)if needed.
To be completed by all bidders Part 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: Wendler Inc.
Signature: Date: 7-16-2026
You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156.This form has been approved by the Iowa Labor Commissioner.
309-6001(09-15)
Worksheet: Authorization to Transact Business
This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business, you are authorized to transact business in Iowa.
® Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor.
0 Yes 1:2 No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.
O Yes p No My business is a general partnership or joint venture. More than 50 percent of the general
partners or joint venture parties are residents of Iowa for Iowa income tax purposes.
❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees
required by the Secretary of State, has filed its most recent biennial report, and has not filed
articles of dissolution.
0 Yes El No My business is a corporation whose articles of incorporation are filed in a state other than Iowa,
the corporation has received a certificate of authority from the Iowa secretary of state, has filed
its most recent biennial report with the secretary of state, and has neither received a certificate of
withdrawal from the secretary of state nor had its authority revoked.
❑ Yes ® No My business is a limited liability partnership which has filed a statement of qualification in this
state and the statement has not been canceled.
❑ Yes El No My business is a limited liability partnership which has filed a statement of qualification in a
state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of
cancellation has not been filed.
0 Yes ® No My business is a limited partnership or limited liability limited partnership which has filed a
certificate of limited partnership in this state, and has not filed a statement of termination.
El Yes ig No My business is a limited partnership or a limited liability limited partnership whose certificate of
limited partnership is filed in a state other than Iowa, the limited partnership or limited liability
limited partnership has received notification from the Iowa secretary of state that the application
for certificate of authority has been approved and no notice of cancellation has been filed by the
limited partnership or the limited liability limited partnership.
0 Yes 81 No My business is a limited liability company whose certificate of organization is filed in Iowa and has
not filed a statement of termination.
0 Yes 0 No My business is a limited liability company whose certificate of organization is filed in a state other
than Iowa, has received a certificate of authority to transact business in Iowa and the certificate
has not been revoked or canceled.
309-6001 (09-15)
BSF-2
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Iowa )
)ss
County of '11 Linn )
JQ U C /Z , being first duly sworn, deposes and says that:
L_�.- T4L .
1 . He is (Owner, Partner, Officer Representative, or Agents , of W ��
, the Bidder tha ubmitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or
to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreeme, t on the part of the Bidder or any of its
agents, representatives, owners, employees, or pa es '6 interest, including this affiant.
(Signed)
Vtc €. PPE �IOWN
Title
Subscribed and sworn to before me this /C day of Jiy , 2024.
IV 0 k
Title
My commission expires (/2 rJ2 /
JORDAN THOMAS RICHEY
Notarial Seat - Iowa
Commission Number 832702
My Commission Expires Jun 28, 2027
NON-COLLUSION AFFIDAVIT CONTRACT NO. 1075 NCA-1 of 2
AECOM #60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
Attachment 2: SRF Required Front-End Specifications
Debarments and Suspensions
*This form to be completed by the Prime Contractor and submitted with the bid.
Any bidder or equipment supplier whose firm or affiliate is listed in on the U.S. General Services Administration Excluded
Parties List will be prohibited from the bidding process.The excluded parties records search engine is located at the
System for Award Management (SAM)website: https://sam.gov. Pursuant to 2 CFR Part 180, as supplemented by 2 CFR
1532, any entity submitting a bid while the SAM website lists that entity as having an active exclusion will be determined
by the DNR to be a non-responsive bidder and will not be able to receive SRF funding.
United States Environmental Protection Agency Washington, DC 20460
Certification Regarding Debarment, Suspension,
and Other Responsibility Matters
The prospective participant certifies to the best of its knowledge and belief that it and the principals:
(a) Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public(Federal,State, or local)transaction or contract under a public transaction:violation of
Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted or otherwise criminally or civilly charged by a government entity(Federal, State, or
local)with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local)terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of
the award. In addition, under 18 U SC Sec. 10 01, a false statement may result in a fine or imprisonment, or both.
.i�l 7-16-26
Signature of Authorized Representative Date
Bruce Marsh Vice President
Printed Name Title
IIII am unable to certify to the above statements. My explanation is attached.
July 2025
Attachment 3: SRF Required Front-End Specifications
Disadvantaged Business Enterprise (DBE) Solicitation
*This form to be completed by Prime Contractor and submitted with the bid.
In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification
requirements and a list of certified DBEs is on the IDOT website at https://secure.iowadot.gov/DBE/Home/Index/.
Prime contractors' DBE requirements for SRF projects include:
• Taking affirmative steps for DBE participation
• Documenting the efforts and the proposed utilization of certified DBEs
PROJECT INFORMATION
SRF Applicant: Bidder: Wendler
Address: 415 12th Ave SE Suite 200
City: Cedar Rapids State: IA Zip: 52401
Contact Person: Bruce Marsh
Phone Number: 319-622-3816 Email: bmarsh@wendlerinc.com
1. At this point in time, has the prime contractor begun to solicit work opportunities to subcontractors for this project?
✓ Yes yo FIN/A
2. Do you agree to use the good faith efforts checklist to ensure the DBEs have the opportunity to compete for
procurements funded by EPA financial assistance funds?
✓ Yes FIND
3. If yes,was a DBE chosen by the prime contractor to be utilized for this project?
Yes I✓INo
Signature:
July 2025
GOOD FAITH EFFORTS CHECKLIST
Please complete the checklist to determine if you have complied with the requirement to make good faith efforts to
ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds.
Bidders/offerers must make good faith efforts prior to submission of bids/proposals.
1. Did you ensure that DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities?
V Yes No
2. Did you make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and
establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation
by DBEs in the competitive process?This includes, whenever possible, posting solicitation for bids or proposals for a
minimum of 30 calendar days before the bid or proposal closing date.
r'es No
3. Did you consider in the contracting process whether firms competing for large contracts could subcontract with
DBEs?This will include dividing total requirements,when economically feasible, into smaller tasks or quantities to
permit maximum participation by DBEs in the competitive process.
Yes No
4. Did you encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to
handle individually?
V/ Yes []No
5. Did you use the services of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce to identify potential subcontractors?
✓ Yes No
6. List the potential DBE subcontractors that were contacted. Only list those that are certified through the Iowa
Department of Transportation.
Name How Contacted (e.g. letter, Response (e.g. did not respond, not
phone call,fax,e-mail) interested,not competitive)
3 Seasons Maintenance Landscape email did not respond
Bonnies Barricades email did not respond
Boone Construction email did not respond
Jackson Contracting email did not respond
Taylor Construction email did not respond
EB & Flow Erosion Control email did not respond
CONTRACT ADMINISTRATION PROVISIONS
Several contract provisions are required to prevent unfair practices that adversely affect DBEs.These include:
1. Prime Contractor must pay its Subcontractor for satisfactory performance no more than 30 days from the Prime
Contractor's receipt of payment from the SRF loan recipient.
2. Prime Contractor must notify the SRF loan recipient in writing prior to termination of a DBE subcontractor for
convenience.
3. Prime Contractor must employ the six Good Faith Efforts to solicit a replacement subcontractor if a DBE
subcontractor fails to complete work under a subcontract for any reason.
July 2025
Attachment 7: SRF Required Front-End Specifications
Other Federal Requirements Language
A. -RESERVED-
B. Federal Labor Standards Provisions (including Davis-Bacon prevailing wage rates)
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United
States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not
less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this
section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work
in more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed.The wage determination (including any additional classification and
wage rates conformed under paragraph (a)(1)(ii) of this section)and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
(ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not
listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination.The contracting officer shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate(including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor,Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(C) In the event the contractor,the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
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officer,to the Administrator for determination.The Administrator, or an authorized representative,will issue
a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii) (B)
or(C)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.
(iii) 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.
(iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written
request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of
Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program.
(2) Withholding.The EPA shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing
wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed
by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the
work,all or part of the wages required by the contract, the EPA 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 have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work
and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the
work.Such records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon
Act),daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if
the agency is not such a party,the contractor will submit the payrolls to the applicant,sponsor,or owner, as
the case may be,for transmission to the (write in name of agency).The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except
that full social security numbers and home addresses shall not be included on weekly transmittals. Instead
the payrolls shall only need to include an individually identifying number for each employee (e.g.,the last
four digits of the employee's social security number).The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour
Division Web site at http://www.dol.gov/whd/programs/dbra/forms.htm or its successor site.The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
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subcontractors shall maintain the full social security number and current address of each covered worker,
and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a
party to the contract, but if the agency is not such a party,the contractor will submit them to the applicant,
sponsor, or owner, as the case may be,for transmission to the (write in name of agency),the contractor, or
the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to
require a subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or
owner).
(B) 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:
(1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5,the appropriate information is being maintained under Sec. 5.5
(a)(3)(i)of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) 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 Regulations, 29 CFR part 3;
(3) 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.
(C) 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 (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying,or transcription by authorized representatives of the EPA or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them available,the Federal agency
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. Furthermore,failure to submit the
required records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees
(i) 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, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has been certified by the
Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where
appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to
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 apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
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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, apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship program,the contractor will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration.The ratio of trainees to 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 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 less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be
in conformity with, 29 CFR part 30.
(5) Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1)through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate
instructions 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 CFR 5.5.
(7) Contract termination: debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the contractor (and any of its subcontractors) and the contracting agency,the U.S.
Department of Labor, or the employees or their representatives.
(10)Certification of eligibility.
(i) By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
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(ii) 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 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act.The Agency Head shall cause or require the contracting
officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4)of this section in full in
any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work
Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by Sec.
5.5(a) or 4.6 of part 4 of this title. As used in this paragraph,the terms laborers and mechanics include
watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory,to such
District or to such territory),for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (b)(1) of this section, in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this
section.
(3) Withholding for unpaid wages and liquidated damages.The loan recipient shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to
be withheld,from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2) of this section.
(4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b)(1)through (4)of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4)
of this section.
(c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours
and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1,the Agency Head shall cause
or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall
maintain payrolls and basic payroll records during the course of the work and shall preserve them for a
period of three years from the completion of the contract for all laborers and mechanics, including guards
and watchmen,working on the contract.Such records shall contain the name and address of each such
employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further,the Agency Head shall cause or
require the contracting officer to insert in any such contract a clause providing that the records to be
maintained under this paragraph shall be made available by the contractor or subcontractor for inspection,
copying, or transcription by authorized representatives of the EPA and the Department of Labor, and the
contractor or subcontractor will permit such representatives to interview employees during working hours
on the job.
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C. -RESERVED-
D. Historical and Archeological Finds
Should any cultural,historical,or paleontological resources including but not limited to deposits of charcoal or ash,
animal bones,pottery sherds,or stone tools be exposed as part of proposed project activities,the owner shall stop
ground-disturbing activities within 100 feet of the discovery and immediately notify the State Revolving Fund
Environmental Review Specialist(SRF).No further disturbance of the deposits shall ensue until the SRF determines that
the project activities in that area may proceed.
If human remains are accidentally discovered,Iowa burial law[[Iowa Code Sections 263B,5231.316(6),and 716.5;685
IAC 11.1)requires that all work in the vicinity of the finding be halted,the remains left in place and protected,local law
enforcement officials notified,and the bioarchaeology director at the Office of the State Archaeologist(OSA)contacted
immediately(319-384-0740).Photographs are only to be taken at the direction of the bioarchaeology director and must
not be shared publicly.
In all cases of inadvertent discovery,the SRF shall determine the applicability of the Protection of Historic Properties
regulations of the Advisory Council on Historic Preservation[36 CFR Part 800.13(b)]and,when applicable,shall notify the
State Historic Preservation Office(SHPO)and consult with the SHPO,OSA,and other interested parties to determine the
proper course of action regarding the discovery.
Compensation to the contractor,if any,for lost time or changes in construction to avoid the find,shall be determined in
accordance with changed conditions or change order provisions of the specifications.
E. Prohibitions on Procurement from Violating Facilities(Section 306,Clean Air Act;Section 508,Clean Water Act;
Executive Order 11738)
Both the Clean Water Act and the Clean Air Act prohibit federal agencies from extending assistance by way of loans or
contracts to persons who have been convicted of violations of either law.Executive Order 11738 was issued to
coordinate enforcement by the U.S.Environmental Protection Agency,which shall designate facilities which have given
rise to a conviction for an offense under the criminal provisions of the Clean Air Act and the Clean Water Act.
The Executive Order also prohibits agencies from extending assistance to facilities that are not in compliance with either
Act.
SRF assistance recipients may not procure goods,services,or materials from suppliers listed by the EPA as violators.
The Excluded Parties Listing search engine is located at the System for Award Management(SAM)website:
https://sam.gov.
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Attachment 8: SRF Required Front-End Specifications
Right of Entry and Records Retention
The recipient shall provide access at all times for the Department of Natural Resources, the Iowa Finance Authority, the
state auditor, and the U.S. EPA Office of the Inspector General to all project records and documents for inspection and
audit purposes for a period of three years after the date of last loan payment. The same access to the project site(s) shall
be provided for inspection purposes.
567 Iowa Administrative Code paragraph 92.8 (2).e. State inspections. Personnel of the department shall have the right
to examine all construction aspects of the project, including materials and equipment delivered and stored on site for
use on the project.
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IOWA STATE REVOLVING FUND 4
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State Revolving Fund
Attachment 9: SRF Required Front-End Specifications
American Iron and Steel Requirements
H.R. 3547,the "Consolidated Appropriations Act, 2014," enacted January 17, 2014 by the U.S. Congress, includes
"American Iron and Steel" provisions that require Clean Water and Drinking Water State Revolving Fund assistance
recipients of these funds to use iron and steel produced in the United States.
H.R. 3547 includes the following language in Division G,Title IV, under the heading, "Use of American Iron and Steel":
Sec. 436. (a)(1) None of the funds made available by a State water pollution control revolving fund as authorized by
title VI of the Federal Water Pollution Control Act(33 U.S.C. 1381 et seq.) or made available by a drinking water
treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12)shall
be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment
works unless all of the iron and steel products used in the project are produced in the United States.
(2) In this section,the term "iron and steel products" means the following products made primarily of iron and steel:
lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants,tanks,flanges, pipe
clamps and restraints,valves,structural steel, reinforced precast concrete, and construction materials.
(b)Subsection (a)shall not apply in any case or category of cases in which the Administrator of the Environmental
Protection Agency(in this section referred to as the "Administrator")find that-
1. Applying subsection (a)would be inconsistent with the public interest;
2. Iron and steel products are not produced in the United States in sufficient and reasonably available quantities
and of a satisfactory quantity; or
3. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this section,the Administrator shall make available to
the public on an informal basis a copy of the request and information available to the Administrator concerning the
request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based
on the request.The Administrator shall make the request and accompanying information available by electronic
means, including on the official public Internet Web site of the Environmental Protection Agency.
The final guidance and any published waivers are found at: https://www.epa.gov/cwsrf/state-revolving-fund-american-
iron-and-steel-ais-requirement. In particular the contractor should pay attention to the guidance for documentation of
compliance.There is also a waiver for incidental items; in order to qualify for this waiver the total materials and costs for
the project must be tracked and incidental items identified.
Sample 'American Iron and Steel"Contract Language
In order to fulfill the requirements,the assistance recipient must in good faith design the project and solicit bids for
construction with U.S.-made iron and steel.The following information will be included in any contracts resulting from this
request for bids:
The Contractor acknowledges to and for the benefit of the City of ("Purchaser") and the
State of Iowa (the "State")that it understands the goods and services under this Agreement are being funded with
monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund and such
law contains provisions commonly known as "American Iron and Steel;" that requires all of the iron and steel products
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IOWA STATE REVOLVING FUND ' WA.
State Revolving Fund
used in the project to be produced in the United States("American Iron and Steel Requirement")including iron and steel
products provided by the Contactor pursuant to this Agreement.
The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that(a)the
Contractor has reviewed and understands the American Iron and Steel Requirement,(b)all of the iron and steel products
used in the project will be and/or have been produced in the United States in a manner that complies with the American
Iron and Steel Requirement,unless a waiver of the requirement is approved,and(c)the Contractor will provide any
further verified information,certification or assurance of compliance with this paragraph,or information necessary to
support a waiver of the American Iron and Steel Requirement,as may be requested by the Purchaser or the State.
Notwithstanding any other provision of this Agreement,any failure to comply with this paragraph by the Contractor shall
permit the Purchaser or State to recover as damages against the Contractor any loss,expense,or cost(including without
limitation attorney's fees)incurred by the Purchaser or State resulting from any such failure(including without limitation
any impairment or loss of funding,whether in whole or in part,from the State or any damages owed to the State by the
Purchaser).While the Contractor has no direct contractual privity with the State,as a lender to the Purchaser for the
funding of its project,the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this
paragraph(nor any other provision of this Agreement necessary to give this paragraph force or effect)shall be amended
or waived without the prior written consent of the State.
Sample Certifications
As indicated in the contract language,it will be the responsibility of the Contractor to obtain certifications that the
products and materials used in the project are U.S.-made.EPA recommends the use of a step certification process for
documenting compliance with AIS requirements,similar to one used by the Federal Highway Administration.Step
certification creates a paper trail which documents the location of the manufacturing process Involved with the
production of steel and iron materials.Each handler(supplier,fabricator,manufacturer,processor,coater,etc.)of the iron
and steel products certifies that their step in the process was domestically performed.Alternatively,the final
may that delivers the iron or steel product to the worksite,vendor,or contractor,m y provide a certification
asserting that all manufacturing processes occurred in the US and providing detailed information on the steps involve
d.
The following information is provided as a sample letter of certification for AIS compliance.Documentation must be
provided on company letterhead.In this example,there may be multiple letters from different manufacturers if one
manufacturer did not perform all of the steps.
Date Company Letterhead
Company Name
Company Address
City,State Zip
Subject:American Iron and Steel Step Certification for Project(XXXXXXXXXX)
I,(company representative),certify that the(melting,bending,coating,galvanizing,cutting,etc.)process for
(manufacturing or fabricating)the following products and/or materials shipped or provided for the subject project is in
full compliance with the American Iron and Steel requirement as mandated in EPA's State Revolving Fund Programs.
Item,Products and/or Materials:
1.Xxxx
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2. Xxxx
3, Xxxx
Such process took place at the following location:
If any of the above compliance statements change while providing material to this project we will immediately notify the
prime contractor and the engineer.
Signed by company representative
Covered and Non-Covered Items
The EPA issued a waiver for De Minimus incidental components of eligible water and wastewater infrastructure projects.
Funds used for such De Minimus incidental components cumulatively may comprise no more than a total of 5% of the
total cost of the materials used in and incorporated into a project. The cost of an individual incidental item may not
exceed 1% of the total cost of the materials used in and incorporated into a project.
De Minimus incidental items include miscellaneous, generally low-cost components that are essential for, but incidental
to, the construction and are incorporated into the physical structure of the project. For many of these incidental
components, the country of manufacture and the availability of alternatives are not readily or reasonably identifiable
prior to procurement in the normal course of business. For others, the country of manufacture may be known but the
miscellaneous character in conjunction with the low cost, individually and (in total) as typically procured in bulk, mark
them as properly incidental.
Examples of incidental components could include small washers, screws, fasteners (i.e., nuts and bolts), miscellaneous
wire, corner bead, ancillary tube, etc. Examples of items that are clearly not incidental include significant process fittings
(i.e., tees, elbows, flanges, and brackets), distribution system fittings and valves, force main valves, pipes, treatment and
storage tanks, large structural supports, etc.
In consultation with their contractors, assistance recipients should determine the items to be covered by this waiver, and
must retain relevant documentation (i.e, invoices) as to those items. Assistance recipients must summarize in the AIS De
minimis Product List the types and/or categories of items to which this waiver is applied, the total cost of incidental
components for each type or category, and the calculations by which they determined the total cost of materials used in
and incorporated into the project.
The successful bidder will fill out the AIS Procurement List and submit it to the assistance recipient to indicate iron and
steel items proposed to be procured for the project.
Assistance recipients will complete the AIS De Minimis Waiver Products List for the entire project to demonstrate
compliance with the De Minimis Waiver cost requirements outlined above.
Related forms and resources can be found at https://opportunityiowa.gov/community/water-Quality/srf-
resources/documents-and-guides.
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IOWA STATE REVOLVING FUND ' W1A,
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State Revolving Fund
Attachment 10: SRF Required Front-End Specifications
*This form to be completed by Prime Contractor and submitted with the bid.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial
assistance funding on or after 8/13/2020. EPA recipients and subrecipients, including borrowers under EPA funded
revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to:
(a) Procure or obtain, extend or renew a contract to procure or obtain;
(b) Enter into a contract(or extend or renew a contract)to procure; or
(c) Obtain the equipment, services, or systems that use"covered telecommunications equipment or services"
identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any
system.
Certain equipment,systems,or services, including equipment, systems, or services produced or provided by entities
subject to the prohibition are recorded in the System for Award Management exclusion list, website: https://sam.gov.
(1) As described in Public Law 115-232, section 889,covered telecommunications equipment or services includes:
(i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
(ii) For the purpose of public safety,security of government facilities, physical security surveillance of critical
infrastructure, and other national security purposes,video surveillance and telecommunications equipment
produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company(or any subsidiary or affiliate of such entities).
(iii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the
Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the
Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise
connected to,the government of a covered foreign country.
(2) Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or
equipment such as phones, internet,video surveillance, and cloud servers are allowable except for the following
circumstances:
(i) Obligating or expending EPA funds for covered telecommunications and video surveillance services or
equipment or services to procure (enter into, renew or extend contracts) or obtain the equipment, services,
or systems as described in 2 CFR 200.216.
I understand the above prohibitions and certify that the project will be in compliance with all the requirements.
1 7-16-2026
Signature Date
Bruce Marsh Vice President
Printed Name Title
July 2025
BID BOND
KNOW ALL MEN BY THESE PRESENTS,that we, Wendler,Inc.
as Principal,and Merchants Bonding Company(Mutual)
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 16th day of July
,20 26 ,for FY 2023 Cattle Congress Sanitary Sewer Lift Station Reconstruction,
Contract No.1075,Waterloo,IA
NOW,THEREFORE,
(a)If said Bid shall be rejected,or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form
specified and shall furnish a bond for his faithful performance of said contract,and for the payment of all
persons performing labor or furnishing materials in connection therewith,and shall in all other respects
perform the agreement created by the acceptance of said Bid,
Then this obligation shall be void,otherwise the same shall remain in force and effect;it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in
liquidation of damages sustained in the event that the Principal fails to execute the contract and provide
the bond as provided in the specifications or by law.
The Surety,for value received,hereby stipulates and agrees that the.obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the time within which the Owner may
accept such Bid or execute such contract; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF,the Principal and the Surety, have hereunto set their hands and seals,and
such of them as are corporations,have caused their corporate seals to be hereto affixed and these pres-
ents to be signed by their proper officers this 9th day of July ,A.D.2026.
Wendler,Inc. (Seal)
Principal
By
(Wcc 2.5L (Title) VILE PAXJVE-Jr
Merchants Bonding Company(Mut t o coax•.
Witness •
Surety A, fi o o.
i :� 1933 ��,
By , Y .
Witness Zach Fu er Sara Rust. Attorney-inn • :••••
BID BOND CONTRACT NO.1075 BB-1 of 1
AECOM#60696351 FY 2023 CATTLE CONGRESS SAN SEWER
LIFT STATION RECONSTRUCTION
MERCHANTS
BONDING COMPANY,,,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa,and MERCHANTS NATIONAL INDEMNITY COMPANY,an assumed name of Merchants
National Bonding,Inc., (herein collectively called the"Companies")do hereby make,constitute and appoint, individually,
Alissa Cahalan;Anne Crowner;Ashlea McCaughey;Austin Muehlschlegel;Ben Williams;Brian J Oestreich;Brian M Deimerly;Cameron M Burt;
Colby D White;Connor Oberg; Dione R Young;Donald E Appleby;Douglas Muth;Ginger Hoke;Grace Rasmussen;Graydon Dotson;Greg Krier;
Jamie Gifford;Jay D Freiermuth;Jenni Marino;Jessie Allen;Joe Tiernan;John Cord;Joshua R Loftis; Kate Zanders;Keeton Welch;Kristine M
Becks;Lindsey Minutillo;Mark R DeWitt;Mark Sweigart;Melinda C Blodgett;Michelle Morrison;Michelle R Gruis;Nathan Weaver;Nicole Stillings;
R C Bowman;Ryan Olivia E Lundy;Sandra M Engstrum;Sara Huston;Sarah C Brown;Seth Rooker;Taylor Fogle;Ted Jorgensen;Tim McCulloh;
Todd Bengford;Zach Fuller
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or
proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of
the Companies.
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of
Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its
obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2026
MERCHANTS BONDING COMPANY(MUTUAL)
._4%0Cat:• ••,•�.,1%0Nq��% .`apACJJyp MERCHANTS NATIONAL BONDING,INC.
•O,GogPORP,q qy` ��y`OpP Oft,���D•y: ..•2pGP�\FOR��9 yam•`• MERCHANTS NATIONAL INDEMNITY COMPANY
Z•Z -0- �1i3 5Qi 12 -o o:!i :=y: Sff.
••u' 1933 i 2: •a•
:O• L��
y ;p: 2003 ;A; •Z
-4114
.0„
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 2nd day of March 2026 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL), MERCHANTS NATIONAL BONDING, INC.,and MERCHANTS
NATIONAL INDEMNITY COMPANY;and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the
said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
tiPp1A4 S Penni Miller
O - r Commission Number 787952
• V .
• ••�. • My Commission Expires
/ MP January 20,2027
(Expiration of notary's commission Notary Public
does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-
ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of July ,2026 .
:/yOrOt� 44j?4'4•,t. PO 4%J:en •=p`P\\FOR,y�9..�•
1933 /$: o= 2003 :10 • .0. Secretary
POA 0018 (5/25)